MRF LIMITED Vs. METRO TYRES LIMITED

JUDGEMENT

(1.) Important issues of law arise for consideration in the present case, namely, whether in a suit for copyright infringement of a cinematograph film, the infringing copy has to be an exact copy made by a process of duplication or a substantial/material copy. Further, whether the copyright infringement test as laid down in R.G. Anand v. M/s Deluxe Films and Ors., 1978 4 SCC 118 with regard to literary works is applicable to cinematograph films and whether the expression 'to make a copy of the film' means just to make a physical copy of the film by a process of duplication or does it refer to another work which substantially, fundamentally, essentially and materially resembles the original film. Bombay and Calcutta High Courts, by way of reasoned orders, have taken diametrically opposite views.

(2.) I.A. 12770/2017 has been filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as "CPC"). The prayer clause in I.A. 12770/2017 is reproduced hereinbelow:-

(3.) It is the case of the plaintiff that it is engaged in the business of manufacture, marketing and sale of tyres in about sixty-five countries including India and is widely recognized for its quality and customer satisfaction.