TEKLA CORPORATION Vs. SURVO GHOSH

JUDGEMENT

(1.) The question, whether in a suit for permanent injunction restraining the defendants from infringing the copyright of the plaintiffs, a defence of "copyright misuse" is available to the defendants, is for adjudication.

(2.) The two plaintiffs i.e. Tekla Corporation, Finland and Tekla India Pvt. Ltd. have sued the two defendants i.e. the defendant no.2 M/s. Caliber Tech Solutions Pvt. Ltd. and its officer defendant no.1 Mr. Survo Ghosh pleading, that the plaintiffs have a copyright in software programme known as Tekla Structures and the defendants, instead of obtaining license thereof from the plaintiffs, have unauthorizedly installed the same.

(3.) Summons of the suit were issued and vide ex parte ad interim order dated 27th September, 2011 the defendants were restrained from reproducing / storing / installing and using unlicensed / pirated versions of plaintiffs software or from otherwise infringing the copyright of the plaintiffs and a Court Commissioner was appointed to visit the premises of the defendants to verify the infringement if any in the past by the defendants.