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Sign up now !Syndicate of the Press of the University of Cambridge v. B.D. Bhandari
[2011 SCC OnLine Del 3215: (2011) 185 DLT 346 (DB): (2011) 47 PTC 244 (DB)]
Coram: Division Bench comprising of Hon’ble Justice A.K. Sikri and Hon’ble Justice Suresh Kait
Forum: Hon’ble Delhi High Court
Case No.: RFA(OS) No. 21 of 2009 and FAO(OS) No. 458 of 2008.
Date of Decision: August 3, 2011
Conclusion
Facts:
- Cambridge University Press, (Appellant)affiliated with the University of Cambridge, is a renowned printing and publishing house.
- "Advance English Grammar by Martin Hewings," a leading publication by Cambridge University Press, was prescribed by universities worldwide, including Guru Nanak Dev University, Amritsar, Punjab, for B.A. students.
- The Appellant alleged that the Respondents were illegally reproducing content from "Advance English Grammar by Martin Hewings" in their books titled "MBD English Guide" for Guru Nanak Dev University.
- Cambridge University Press filed a suit seeking to restrain the Respondents from selling these books and also applied for an ad interim injunction.
Background/ Procedural Posture:
- The present appeal challenged the judgment of the Delhi High Court's Single Judge in CS (OS) No. 1274 of 2004, wherein the Appellant's suit was dismissed.
- The Single Judge dismissed the claim, stating that the Appellant's work lacked originality in composing grammar sentences or exercises, and therefore did not qualify as original literary, dramatic, or artistic works. The court considered the work to be within the public domain and falling under Section 52(1)(h) regarding fair dealing, as it was prescribed by a university.
- Aggrieved by the judgment, the Appellant preferred this appeal.
Main Issue:
- Whether the Appellants' composition of grammar sentences and exercises considered original literary work, and does their work hold copyright?
- Whether the respondent's publication of the guides amount to infringement of the appellant's copyright in the English Grammar book?
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