Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Information Technology Act 2000 – s. 70(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Copyright Act, 1957 (14 of 1957) Information Technology Act, 2000 (21 of 2000) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Information Technology Act, 2000 – s. 70(1) – Protectedsystem – Issuance of Notification dated 27th December, 2002 u/s.70(1) – Declaration that the computer, computer system andcomputer network specified in the Schedule to the Notification tobe “protected systems” – Challenge to, by the appellant on theground that copyright in the e-governance programme developedby them for the Government vested in the appellant u/s. 17 of the1957 Act and the Notification was an infringement of the said right– Case of the State that the appellant developed the software forMicrosoft which had undertaken to make available the same to theState through 4th respondent-government agency, free of cost – HighCourt held that the Intellectual Property Rights in the software vestedin the Government so as to entitle it to declare the same as aprotected system u/s. 70(1) – Interference with – Held: Not calledfor – The power of declaration of a “protected system” may invadea copyright which may be vested in a private owner – However,such a situation is taken care of by the provisions contained in s.2(k) of the 1957 Act which defines “Government work” and s.17(d)of the 1957 Act which vests in the Government, copyright in agovernment work as defined by s. 2(k) – Provisions of s.70(1) hasto be read conjointly with s. 2(k) and s. 17 of the 1957 Act, in orderto give due effect to the related provisions of two different enactmentsmade by the legislature – Furthermore, appellant admitted/pleadedthat it was entrusted by Microsoft to develop the software for whichit received due consideration from Microsoft, if that be so, appellantwould not be entitled to claim copyright in the application softwareu/s.17(a) of the 1957 Act – Copyright Act, 1957 – ss. 17(a), 2(k). |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 270 |
Petitioner | B.n. Firos |
Respondent | State Of Kerala & Ors. |
SCR | [2018] 3 S.C.R. 68 |
Judgement Date | 2018-03-27 |
Case Number | 79 |
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