Order 39 Rules 1 & 2
Permanent injunction restraining infringement of copyright, passing off, unfair competition, rendition of accounts, delivery up and damages.
In the present case, as mentioned by the plaintiff in the plaint that the plaintiff developed the idea of making animated mythological film on 'Ramayana' in the year 2004. The plaintiff has also filed the assignment deed dated 2nd February, 2005 between the plaintiff and Mr. Sarfaraj Ahmed who has assigned copyrights in the voice over, music and sound recording against consideration. The bill dated 4th January, 2005 is also filed by the plaintiff. The plaintiff has similarly filed another assignment dated 17th June, 2006, 20th May, 2006 and 5th June, 2006 in respect of purchasing various rights for making the animated film 'Ramayana'.
On the other hand, although the defendant has raised the defence that defendant No. 5 has created the work on this animated film 'Ramayana' in the year 2005 however, no cogent evidence in this regard has been filed. The defendant has filed the copyright registration bearing CL No. 1103/2007 in respect of registration of the work. In column No. 9 of the registration certificate, it is mentioned that the work in question was first time published in the year 2007 which is apparently subsequent to work created by the plaintiff in the year 2005. Therefore, the registration is immaterial. The copyright registration is always granted on the basis of declaration made by the party before the copyright office, hence, registration referred by the defendant has no substance. Work in question was first time published in the year 2007 which is apparently subsequent to work created by the plaintiff in the year 2005. Therefore, the registration is immaterial.
The copyright registration is always granted on the basis of declaration made by the party before the copyright office, hence, registration referred by the defendant has no substance.
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