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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.Sam Koshy
Panchajanya Features – Appellant
Versus
Bommareddy Ashok Reddy – Respondent
Headnote: Read headnote
ORDER :
P.SAM KOSHY, J.
The present Civil Revision Petition has been filed under Article 227 of the Constitution of India. The challenge is to the order dated 15.07.2024, in I.A.No.486 of 2024 in O.S.No.268 of 2024, passed by the IV Additional District, Ranga Reddy Distric at L.B. Nagar.
2. Heard Mr. Srinivasa Rao Pachwa, learned counsel for the petitioners, and Mr. Pasham Mohith Reddy, learned counsel for the respondent.
3. Vide the impugned order, the Trial Court has rejected a petition filed by the petitioners herein under Order VII Rule 11(d) read with Section 151 of Civil Procedure Code, 1908 (for short, ‘CPC’) seeking for return of the plaint and filing the same before the Commercial Court established by the Government.
4. The present Revision arises from a copyright dispute concerning a Telugu movie titled "Vinnapalu Vinavale Vintha Vinthalu". The respondent herein instituted O.S.No.268 of 2024 praying the trial Court for grant of permanent injunction, alleging copyright violations by the petitione
The jurisdiction for commercial disputes involving intellectual property rights exceeding Rs.3,00,000 must be adjudicated by Commercial Courts as per the amended Commercial Courts Act.
For a suit to be considered a commercial dispute, it should meet both the requirements of falling within the definition of a commercial dispute and having a specified value of more than Rs. 3 lakhs. ....
The judgment clarifies the jurisdictional boundaries between Commercial Courts and Commercial Divisions under the Commercial Courts Act, particularly for intellectual property disputes.
The Commercial Division has exclusive jurisdiction over intellectual property disputes under the Commercial Courts Act, irrespective of specified value, and the provisions of the Code of Civil Proced....
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