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Wiley Eastern Ltd. And Ors. vs Indian Institute Of Management on 6 November, 1995

9. Mr. Ahmadi also relied on Wiley Eastern Ltd. and Others Vs. Indian Institute of Management, . The Learned Single Judge held that charging an author with plagiarism does not amount to infringement of his copyright. It was further observed that the cause of action being an assault of Plaintiff's honour or reputation, having arisen in Ahmadabad and therefore, the Plaintiff No. 2 could not maintain the suit in Delhi. The allegation was that Plaintiff No. 2 had reproduced material from a previous publication without giving any acknowledgment. In respect of Plaintiff No. 1, it had been held that a reading of Section 62(2) of the Act would show that if this Plaintiff was not the co-author, the special rights under Section 57 of that Act could not be enforced. The Division Bench had dismissed the appeal against the Order of the Single Judge (R.C. Lahoti J. as his Lordship then was) holding that the Court at Delhi had no territorial jurisdiction. I am, however, of the opinion that this decision would not apply to the present case since the action in the earlier case was essentially one of a loss of the personal reputation of Plaintiff No.2.
Delhi High Court Cites 14 - Cited by 5 - M J Rao - Full Document
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