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Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act =
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Showing posts with label
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act =
.
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Monday, December 2, 2013
Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C.P.C - where the cause of action arose , there the case has to be filed under Registration of Trademarks Act : Special Jurisdiction under sec.62(2) of Copy Rights Act - Confirming on the courts where the plaintiff resides = Clubbing of both causes of actions in one suit - is a composite suit - When it is a composite suit, the court where the defendants goods are not available , nor do the defendants carry on business and reside within the jurisdiction of this Hon’ble Court, that court holds no jurisdiction under Registration of Trademarks Act simply because the plaintiff is residing : but the same court holds jurisdiction under sec.62(2) of Copy right Act for copyright violation suit = M/s. Paragon Rubber Industries …Appellant VERSUS M/s. Pragathi Rubber Mills & Ors. ...Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41036
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Jurisdiction of courts under Reg.Trademarks Act & Copy Rights Act = Original jurisdiction Sec. 20 of C.P.C., Or. 2 , rule 3 of C...
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