Sunday, June 13, 2010

Copyright Act, 1957[s. 2(o), s. 14(c)]

Code of Civil Procedure order 39 R 1 & 2
Taking overall view of the matter, I have no hesitation in accepting the argument of the Plaintiff that the Defendants have indulged in infringement of copyright of the Plaintiff in relation to her original literary work of programme titled "Work in Progress".

Accordingly, in my view, Plaintiff is entitled to ad-interim relief also on the ground of infringement of copyright of Plaintiff's literary work in relation to programme titled "Work in Progress".

In the circumstances, ad-interim relief in terms of prayer clauses (a) and (b) of the Notice of Motion as prayed for is granted which read thus:

"a. That pending the hearing and final disposal of the suit it is absolutely just, necessary and proper that the Plaintiff is entitled to an order and injunction of this Hon'ble Court restraining the Defendants by themselves, its Directors, servants, agents and associate concerns/firms from in any manner whatsoever infringing the copyright of the Plaintiffs in the original 'literary work' being the concept note of the television programme 'Work in Progress', by directing or making or copying or reproducing the same or publishing or broadcasting or otherwise exploiting the work by making and broadcasting the television programme 'Summer Showdown', without the Plaintiff's consent so as to infringe the copyright of the Plaintiffs' in the original 'literary work' being the concept note of the television programme 'Work in Progress';

b. That pending the hearing and final disposal of the suit it is absolutely just, necessary and proper that the Plaintiff is entitled to an order and injunction of this Hon'ble Court restraining the Defendants by themselves, its Directors, servants, agents and associate concerns/firms from in any manner whatsoever breaching the confidential information imparted by the Plaintiff and contained in the concept note of the television programme 'Work in Progress', by directing or making or copying or reproducing the same or publishing or broadcasting or otherwise exploiting the work by making and broadcasting the television programme 'Summer Showdown', without the Plaintiff's consent and/or license, so as to breach the confidential information imparted by the Plaintiff and contained in the concept note of the television programme 'Work in Progress'."

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