GLAXO INDIA LIMITED Vs. AKAY PHARMA PRIVATE LIMITED

JUDGEMENT

(1.) . Through this suit permanent injunction restraining the defendants from infringing the plaintiff's copy rights with regard to the packing material used by the plaintiff for product NILVERM which is an artistic work has been sought as it amounts to infringement of the copy right of the plaintiff in terms of Section 13 & 14 of the Copy Right Act, 1957.

(2.) . Plaintiff is a company incorporated under the Indian Companies Act, 1956 and has its registered office at Mumbai. It is engaged in the manufacture, marketing and distribution worldwide of a wide range of products known for their efficacy, reliability and excellent quality.

(3.) . The peculiar features of the packing material of this product are as under:-