|
''Penguin Books Ltd. v. India Book Distributors and Others'', was a decision of the Delhi High Court issued in 1984. Penguin Books Ltd. of England brought a suit for perpetual injunction against the respondents, India Book Distributors of New Delhi, to restrain them from infringing Penguin's territorial license in 23 books, the subject matter of the suit. ==Facts== A consent decree had been obtained in the United States stating that there shall be no restriction in regard to a book that is lawfully published for sale, import, export, distribution, or resale. Penguin Books Ltd. (PBL) holds territorial copyright license in some books under the Indian Copyright Act, 1957. The respondents , India Book Distributors, were distributing, importing or offering for sale thirteen of twenty three titles as American editions. A suit for personal injunction was brought against them restraining them from infringing on PBL's territorial license in the subject matter of the suit. The relief of temporary injunction was declined by a single judge on the ground of the US Court’s consent decree. Clauses V and VI of the consent decree provide as follows: :V. Each defendant is enjoined and restrained, directly or indirectly, from preventing or restricting any purchaser of a lawfully published book from importing or exporting such book to or from the United States or such purchaser from selling, distributing or providing for the resale of such Book to customers in United Slates interstate or foreign commerce." :VI. "Nothing in this Final Judgment shall prevent any defendant, in and of itself, from acquiring, granting or otherwise transferring exclusive or non-exclusive copyright rights, or from exercising or authorizing the exercise of such rights under the copyright law of any country, including the United States, or from the assertion of such other statutory rights as such defendant may have, provided that no foreign copyright law or other foreign statutory right may be used by any defendant to exclude or restrict the importation or resale in the United States of a lawfully published Book.” 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Penguin Books Ltd. v. India Book Distributors and Others」の詳細全文を読む スポンサード リンク
|