Case Note & Summary
The dispute arose from a suit filed by the appellants, Exphar SA and another, against Eupharma Laboratories Ltd. and another, concerning the jurisdiction of the Delhi High Court under the Copyright Act, 1957. The appellants claimed ownership of the copyright in the trademark 'Maloxine' and sought an injunction against the respondents for passing off and infringement of copyright. The appellants argued that the Delhi High Court had jurisdiction because they conducted business in Delhi and received a cease and desist notice within its jurisdiction. The respondents contended that the goods were not sold within India, questioning the High Court's jurisdiction. The Single Judge of the Delhi High Court initially granted an interim order in favor of the appellants, which was later challenged by the respondents. The Division Bench of the High Court dismissed the appellants' suit on jurisdictional grounds, stating that the goods were traded outside India. The Supreme Court found that the Division Bench erred in its interpretation of Section 62(2) of the Copyright Act, emphasizing that the jurisdiction is broader than that under the Code of Civil Procedure. The court noted that the cease and desist notice received by the appellants was sufficient to invoke jurisdiction. Consequently, the Supreme Court set aside the Division Bench's decision, remanding the matter for a merits-based decision while maintaining the interim order until then.
Headnote
A) Copyright Law - Jurisdiction - Territorial Jurisdiction of High Court - Section 62(2) Copyright Act, 1957 - The court held that the jurisdiction of the Delhi High Court was improperly negated by the Division Bench, which failed to consider the allegations in the plaint as true. The court emphasized that the jurisdiction under Section 62(2) is wider than that prescribed under the Code of Civil Procedure, 1908, allowing suits to be instituted where the plaintiffs carry on business (Paras 1-5).
Issue of Consideration
Whether the High Court of Delhi had jurisdiction under Section 62(2) of the Copyright Act, 1957 to entertain the suit filed by the appellants.
Final Decision
The Supreme Court set aside the Division Bench's decision, remanding the matter back for a merits-based decision while maintaining the interim order granted by the Single Judge.
Law Points
- jurisdiction
- copyright infringement
- cease and desist notice
- Code of Civil Procedure
- 1908
- Section 62
- territorial jurisdiction
