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2023 Supreme(Del) 5893

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Star India Private Limited & Anr. - Appellants
Versus
Jiolive. Tv & Ors. - Respondents
CS(COMM) 688 of 2023 & I.As. 19115 of 2023, 19116 of 2023, 19117 of 2023, 19118 of 2023 and 19119 of 2023
Decided On : 27-09-2023

Advocates appeared:
Mr. Sidharth Chopra, Advocate with Ms. Sneha Jain, Mr. Yatinder Garg, Mr. Raunak Das Sharma, and Ms. Rimjhim Tiwari, Advocates, for the Plaintiff.
Mr Harish Vaidyanathan Shankar CGSC with Mr Srish Kumar Mishra Mr Sagar Mehlawat and Mr Alexander Mathai Paikaday, Advocate, for D-27 and 28.

IMPORTANT POINT
The main legal principle established in the judgment is the grant of a 'Dynamic+' injunction to protect copyrighted works as soon as they are created, emphasizing the need for effective remedies and real-time solutions to prevent irreparable loss to the IP holders.

Headnote:

Dynamic Injunction - Intellectual Property Rights - Copyright Act, 1957, Commercial Courts Act, Information Technology Act, 2000 - Section 37 of Copyright Act, 1957, Section 80 of CPC - [Section 37 of Copyright Act, 1957, Section 80 of CPC, Commercial Courts Act]

Fact of the Case:

The Plaintiffs sought an injunction to restrain illegal dissemination and broadcast of matches in the ICC Men's Cricket World Cup 2023, citing their exclusive global media rights acquired from ICC. They apprehended unauthorized dissemination of cricket matches on various websites and sought a real-time solution for blocking such websites during the matches.

Finding of the Court:

The Court found that the Plaintiffs had made out a prima facie case for grant of an injunction, as the unauthorized dissemination of the World Cup matches would cause irreparable harm to the Plaintiffs' rights and revenues. The Court highlighted the need for effective remedies to protect the rights of IP holders in the virtual world and granted a 'Dynamic+' injunction to protect copyrighted works as soon as they are created.

Issues: The main issue was the unauthorized dissemination and broadcast of the ICC World Cup Cricket matches on various websites, leading to potential infringement of the Plaintiffs' exclusive global media rights acquired from ICC.

Ratio Decidendi: The Court's decision was influenced by the need to protect the Plaintiffs' intellectual property rights, especially in the virtual world, and the recognition of the Plaintiffs' rights in earlier orders. The Court emphasized the effectiveness of remedies and the need for real-time solutions to prevent irreparable loss to the IP holders.

Final Decision: The Court granted an ad-interim injunction restraining the rogue websites from communicating, screening, or disseminating any part of the ICC World Cup Cricket matches. It directed Domain Name Registrars and ISPs/Telephone Service Providers to lock, suspend, and block the rogue websites, and instructed DoT and MeitY to issue blocking orders. The Plaintiffs were given liberty to communicate details of further infringing websites for immediate blocking on a real-time basis.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1.  This hearing has been done hybrid mode.

I.A. 19116/2023 (for exemption)

2.  This is an application seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, electronic documents, etc. Exemption is granted subject to the condition that original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

3.  the application is disposed of.

I.A. 19118/2023 (for additional documents)

4.  This is an application seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, `Commercial Courts Act'). The Plaintiffs, if they wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

5.  Application is disposed of.

I.A.19119/2023 (exemption from advance service to the Defendants)

6.  In view of the fact that the Plaintiffs have sought ex parte ad-interim injunction, exemption from advance service to the Defendants is granted.

7.  Application is disposed of.

I.A.19117/2023 ( u/S 80 of CPC)

8.  This is an application filed by the Plaintiffs, seeking exemption from serving notice to Defendant No. 27 - Department of Telecommunications (DoT) and Defendant No. 28 - the Ministry of Electronics and Information Technology (MeitY) under Section 80 CPC.

9.  In view of the reasons stated in the application exemption is allowed. However, Mr. Harish V. Shankar, ld. CGSC has been requested to accept notice.

10.  Accordingly, this application is allowed and disposed of.

CS (COMM) 688/2023

11.  Let the plaint be registered as a suit.

12.  Issue summons to the Defendants through email upon process fee being filed.

13.  The summons to the Defendants shall indicate that the respective written statements to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statements, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.

14.  Liberty is given to the Plaintiffs to file the replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

15.  List before the Joint Registrar for marking of exhibits on 16th November, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

16.  List before Court on 18th October, 2023.

I.A.19115/2023 (u/O XXXIX Rules 1 & 2 CPC)

17.  Issue notice in the application.

18.  The ICC Men's Cricket World Cup 2023 (hereinafter `World Cup') is the subject matter of the present suit. The Plaintiffs- Star India Private Limited and Novi Digital Entertainment Pvt. Ltd. seek an injunction restraining illegal and unauthorised dissemination, and broadcast of matches or parts thereof in the said World Cup event.

19.  The Plaintiffs' case is that there are 77 TV Channels in eight languages, including general entertainment and sporting channels which are being telecasted by Plaintiff No.1. The Plaintiffs own media rights in respect of events relating to cricket, football, badminton, tennis, hockey, domestic and international cricket matches organized by the Board of Control for Cricket in India (BCCI) and the International Cricket Council (ICC), etc.

20.  Plaintiff No.2 is an affiliate company of Plaintiff No.1. Plaintiff No.2 owns and operates the online video streaming platform/ website `www.hotstar.com', and th































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