IA No. 1375/2014 (O 39 R 1& 2 CPC) by plaintiffs

1. This order shall dispose of the application of the plaintiffs under Order 39 Rules 1 and 2 of CPC. The application was earlier dismissed by this Court vide order dated 20.05.2014. However, in appeal vide order dated 12.09.2014, the Court was directed to decide the application afresh.

2. The plaintiffs have claimed themselves to be the owner of industrial drawings of Automatic Twist Lock (hereinafter referred to as “ATL”) system for securing cargo containers to support such as deck of a vehicle or a second cargo with which the first container is to be stacked. Plaintiffs claimed to have invented the product and possess intellectual property rights, patent and copyright. It is submitted that, in fact, the invention was done by the plaintiff No.1, but the technology was transferred under an agreement dated 11.07.2006 to the plaintiff No.2. That the plaintiffs had supplied its product to the Indian Railways and it used it on container flat wagon. Plaintiffs claim that the drawings of ATL device along with its component, are the original Artistic Work and plaintiffs is the owner of copyright of these industrial drawings.

3. The