IP Case Digest · Intellectual Property

Rajkumari Indira Devi v. G. Satyaki & Anr.

Date of judgment
Judge
G. Radha Rani
Outcome
Dismissed

Headnote

Appeal dismissed and the decree restraining publication confirmed. On limitation and acquiescence, the Court held that the printing and publication of books and their continued availability in the market is a continuing cause of action, so the suit was not time barred. On the assignment, sub-sections 2 to 6 of section 19 of the Copyright Act, including the five year and twelve month conditions introduced by the 1994 Amendment, do not apply to an assignment made before that Amendment came into force on May 10, 1995, and the assignment here was dated December 2, 1989.

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Disposition

Dismissed, without costs. The decree of the trial court confirmed.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.