The court emphasized the need for substantiation of copyright claims and ordered mediation to resolve disputes over alleged infringement.

% 09.04.2024 I.A. 8047/2024 (exemption from pre-institution mediation)

1. Considering that the parties have appeared through counsel on advance notice, application is allowed and is disposed of.

I.A. 8048/2024 (Exemption from serving the plaint, applications and accompanying documents on the defendants)

1. Since counsel for defendant No.1 and defendant Nos. 2-5 have entered appearance, the present application is disposed of as infructuous.

CAV 168/2024

1. Since counsel for defendant No.1 has entered appearance, the caveat stands discharged.

CS(COMM) 300/2024

1. Let the plaint be registered as a suit.

2. Upon filing of process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statements be filed by the defendants within 30 days from the date of receipt of summons.

Along with the written statements, the defendants shall also file affidavits of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record. Liberty is given to the plaintiff to file a replication within 30 days of the receipt of the written statements. Along with the replication, if any, filed by the plaintiff, affidavits of admission/denial of documents filed by the defendants, be filed by the plaintiff, without which the replications 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.

3. List before the Joint Registrar for marking of exhibits on 11th July,

2024.

4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

I.A. 8046/2024 (application under Order XXXIX Rule 1 and 2 CPC)

1. This application has been filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (“CPC”) as part of the suit seeking permanent injunction restraining defendants from infringement of copyright, rendition of accounts, breach of contracts, and damages. The plaintiff is a company registered in India, established in 1969, and claims to have enormous reputation and goodwill in the field of publication in medical books. They claim to have more than 4000 titles, and 350 new products are added in every year in different streams i.e. medical, dental, nursing, allied and medical sciences and veterinary sciences.

2. The plaintiff entered into an assignment agreement in 2015 with defendant No.2 in relation to the work authored by defendant No.2 titled “Surgery Essence”. As per this assignment agreement, defendant No.2 transferred and assigned all Intellectual Property Rights, including copyright and subsequent additions, to plaintiff during the term of the copyright with all derivative rights thereunder. The plaintiff published the 3rd edition and subsequent editions of the work since 2015 every year, till the 10th edition in

2023. Royalties, as per the plaintiff, were paid to them including for the Financial Year 2021-2022. Similar agreements were entered into with defendant Nos. 3 to 5 in the works “Review of Physiology”, “Self- Assessment and Review of Anatomy” and “Review of Paediatrics”.

3. The plaintiff’s grievance arises from the publication of study notes by defendant Nos.2 to 5 through defendant No.1 which is an online platform inter alia for students for preparing for medical exams, including MBBS and others. The said study notes, according to the plaintiff, are substantial reproductions and extracts from the copyrighted works, of which the plaintiff owns copyright through the assignment agreements. No prior permission was taken from the plaintiff despite Clause 14 of the assignment agreements which prohibits the authors from, editing, writing or participating in any work which may be considered as competing with the sale of the copyright works, without the prior written consent of the plaintiff.

Plaintiff has addressed communications to the defendants since June 2022.

However, the said works are still