Bharat Matrimony Com. P. Ltd., a pioneer in providing
matrimonial services, created a system; "Assured Contact
Phone Verification Service", and was the owner and
proprietor of the copyright in the system, inbuilt in their
website. They spent several lakhs developing and implementing the
unique feature which has became synonymous with their website
People Interactive (I) Pvt. Ltd., proprietors of the website.
"My Contact Details", is a direct competitor of
Bharat Matrimony, offering identical features to customers. Bharat
Matrimony alleged People Interactive to have lavishly copied the
features of the applicant, which was conceptualized by them, and
the implementation of the same by People Interactive mislead the
public. In this pursuance, Bharat Matrimony filed a suit for
temporary injunction. The counsel for Bharat Matrimony in the
course of proceedings submitted that the People Interactive had
hijacked the core concept of the system development using the
Interactive Voice Response (IVR) with minute cosmetic changes to
the "Assured Contact Phone Verification
Service". They asserted that this action had resulted in
huge losses being accrued to the business of Bharat Matrimony, and
hence it amounted to copyright infringement.
In response. the counsel for People Interactive contended that
the "Assured Contact Phone Verification Service"
provided by Bharat Matrimony did s not fall within the ambit of
subject matter protected under the Copyright Act. They stated that
copyright protection does not extend to any idea, procedure,
process, system, method of operation, concept, principle, invention
or discovery, regardless of the form in which it is described,
illustrated or embodied.
The Court in response to the averments of the parties stated
that Bharat Matrimony's claim made under Section 17 (a) failed,
I since they were unable to identify the employee who purportedly
created the "Assured Contact Phone Verification
Service". The Court also noted that they had not produced
any affidavit filed by the employee, claiming the invention as
evidence. The Court noted that the IVR system was commonly being
employed by corporates, banks, railways are broadly using the IVR
system. The Court opined that there was nothing innovative
regarding collection of personal information of prospective members
a website, but was in fact a matter of "common sense",
being a standard practice of all website and online service
providers. On these grounds, the Court pronounced the absence of
any incidence of copyright infringement and accordingly pronounced
the suit for temporary relief not maintainable.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).