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27 April 2016

Copyrights – Interim injunction cannot be granted on cursory material

Bombay High Court has refused to grant ad-interim relief in a case of alleged copying of Plaintiff’s registered literary work (script of a movie) without his permission, license or assignment. The Court in its decision in Notice of Motion (L) No. 1153/2016 in Suit (L) No. 343/2016, noted that, it was not known as to whether the Plaintiff merely ‘pitched’ the concept or narrated the entire script to the respondent.

Further, noting that there was absence of evidence of any follow-up action, or record of any such delivery, the Court held that it was not possible to grant the ad-interim relief on the extremely cursory material. Delay in moving the court, inasmuch as the Petitioner waited virtually till the eve of the release of the film, was also found to be not satisfactorily explained, while the Court held that the application was an intolerable and unacceptable imposition on judicial time.