SCIENTIFIC INTERNATIONAL PRIVATE LIMITED Vs. KALYANI PUBLISHERS

JUDGEMENT

(1.) Defendant 3 is the author of a number of books, which form the subject matter of dispute in the present case. As the author of the books, copyright in the books vested with Defendant 3. Defendant 3 vide agreement dtd. 18/10/1979, granted the exclusive right to Defendant 1 to publish the books. The right was to continue during the legal term of the copyright in the books which, as Mr. Udit Chauhan acknowledges, would expire 60 years after the death of Defendant 3, who was still alive.

(2.) The following clauses of the said agreement may be reproduced thus:

(3.) On 3/8/2021, Defendant 3, through Counsel, addressed a legal notice to Defendant 1, alleging that Defendant 1 had breached the terms of the agreement dtd. 18/10/1979 and, therefore, calling upon Defendant 1 to (i) transfer to Defendant 3 the balance amount of royalty due to be paid to him, (ii) transfer, to Defendant 3, all remaining stocks of books/transcriptions/translations/softcopies or any other material in any form whatsoever, related to books originally authored or co-authored by Defendant 3 which were in the possession of Defendant 1 and (iii) cease and desist from publishing any books which were authored or co-authored by Defendant 3 including any abridgment or translation thereof.