S. Ravindra Bhat, J.

1. This order will dispose of IA No. 9823/2005, IA No. 647/2006, IA No.51/2006

preferred under Order 39 Rule 1 & 2 and Order 39 Rule 4 of the Code of Civil Procedure, 1908, respectively. The plaintiff allegs violation of copyright in its literary work and seeks an order restraining the defendants from infringing its copyright.

2. The plaintiff is a well-known publisher of academic books, and started publishing in India in 1912. It has established show rooms in different places of India. The plaintiff avers to publishing substantial number of school books for use from Kindergarten to the twelfth standard, with the help of a team of highly trained and committed editorial, research, production and marketing professionals. These books cover most disciplines including science, mathematics, languages, humanities and economics, for most Educational Boards including CBSE and ICSE.

3. The plaintiff has published, in two parts, a text book for the students of Class XI, following the course structure prescribed by the Jammu & Kashmir State Board of School Education, i.e. "Oxford Mathematics Part A" and "Oxford Mathematics Part B" (herein after referred to as the textbooks). The plaintiff published them in collaboration with the Jammu and Kashmir State Board of School Education (hereafter the Board). The plaintiff and the Board entered into an agreement on 26.08.03 for such purpose, and the copyright in the said textbooks vested with the former. The textbooks are specially adapted editions of books authored by one Dr. A.K. Roy of which the copyright vests in the plaintiff through an agreement. It is averred that the said Dr. Roy has employed great efforts and research in the books so that they are effective in the study and understanding of mathematics.

.4. It is further averred that the exercises, their scheme, the answers, placement of topics in the textbooks are unique to the plaintiff and are a result of years of research, hard work, practice and the standard followed by reputed institutions the world over. Every unit in a chapter is so arranged that it is integral and complimentary to others. The contents of the textbooks, it is averred, involve application of substantial skill, judgment, labour and investment of time and money. The units are streamlined for faster progress. The textbooks have maximum clarity with fresh modern designs. The key features of the textbooks are that they have been designed to enable the learner to develop a thorough understanding of basic mathematical principal and processes. Introductions to each chapter reviews the concepts learnt earlier. Graded solved examples develop problem- solving techniques. Short exercise drills are interspersed within a chapter after each major topic. Miscellaneous exercises have been provided at the end of each chapter. Even model test papers have been provided at the end of the book to provide the students a feel of the examination. All this, the plaintiffs claim, make each textbook an original literary work within the meaning of the Copyright Act, 1957 (hereafter the Act). It is also averred that the author by a memorandum of Agreement has assigned to the plaintiff the entire copyright in the subject work during the legal term of copyright and the renewals thereof. All rights in the subject work are reserved in favour of the plaintiff. Further, it is claimed that no part of the textbooks can stored in a retrieval system or transmitted in any form or by any means without the prior permission in writing given by the plaintiff, or as expressly permitted by law.

5. The plaintiffs allege that in 2005 they came to know about the existence of guide books entitled "Teach yourself mathematics (Fully Solved) Part A" and "Teach yourself mathematics (Fully Solved) Part B" published by the defendants (hereafter the guides), in which the latter have, brazenly violated plaintiffs copyright, and reproduced contents of the plaintiffs books. The infringing books