Suit filed before the commercial division against Hindustan Institute of Technology and science and KCG college of technology for copyright infringement of student thesis on the process of making Almond and coconut cottage cheese. The said thesis was patented before the Australia IP Justice SenthilKumar Ramamoorthy passed an interim order restraining defendants from appropriating the money from the commercialisation of the patent and restraining infringement of copyright. For plaintiff- Shabnam Banu

 

Suit filed before the commercial division against Hindustan Institute of Technology and science and KCG college of technology for copyright infringement of student thesis on the process of making Almond and coconut cottage cheese. The said thesis was patented before the Australia IP

Justice SenthilKumar Ramamoorthy passed an interim order restraining defendants from appropriating the money from the commercialisation of the patent and restraining infringement of copyright.

For plaintiff- Shabnam Banu

 

 

 

O.A.Nos.215, 216, 217 of 2022 in C.S.(Comm.Div.) No.76 of 2022

SENTHILKUMAR RAMAMOORTHY,J

These three applications are presented by a student who obtained the Bachelor of Science in Food Technology degree from the first respondent / first defendant.  In course of obtaining the said degree, the applicant states that she submitted the thesis titled “ALMOND and COCONUT COTTAGE CHEESE”.  It is asserted that her copyright in the said literary work was infringed and that the respondents submitted a patent application without her consent before Patent Australia.  Pursuant thereto, it is stated that the patent was registered by Patent Australia, as evidenced by the registration certificate which is enclosed.  The applicant states that she has been shown as the fourth inventor therein and that the persons listed as co-inventors did not play any part in the inventive process.  The applicant also asserts that the consent of the Controller of Patents as envisaged by Section 39 of the Patents Act 1970 was not obtained.

  1. The grant of a patent is intended to strike a balance between the incentivisation required to encourage inventions and inventive processes, on the one hand, and the public interest involved in making such inventions available to the public, on the other. Therefore, I am not inclined to restrain the respondents from working the patent.  It should also be noticed that any action to rectify the list of inventors would lie before the authorities and jurisdictional courts in Australia and not before this Court.  Nonetheless, the applicant has established prima facie that her thesis on the preparation of Cottage Cheese from non-bovine sources is the basis of the grant of the Patent.  All the persons named as coinventors are prima facie subject to the jurisdiction of this Court. Consequently, if any monies are received by any of the respondents by working the patent, such money shall be retained by the respective respondents without appropriating, using or adjusting the same in any manner until the matter is heard next.  Similarly, the respondents are restrained from further infringing the applicant’s copyright in the work “ALMOND and COCONUT COTTAGE CHEESE” until the matter is

heard next.

  1. Issue Notice to the respondents returnable on 09.06.2022.

Private Notice is also permitted.  The applicant shall comply with Order

XXXIX Rule 3 CPC.

  1. List the matter on 09.06.2022.

          21.04.2022

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  SENTHILKUMAR RAMAMOORT  HY,J

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O.A.Nos.215, 216, 217 of 2022 in C.S.(Comm.Div.) No.76 of 2022

21.04.2022

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