Law:

Section:

(a) Copyright Ordinance (XXXIV of 1962)---Ss. 3(1)(a) & 56---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Infringement of copyright---Interim injunction, grant of---Failure to fulfil the conditions for the grant of interim injunction---Copyright in an idea, legality of---Suit along with an application for obtaining interim injunction under O.XXXIX, Rr.1 & 2, C.P.C. was filed by the plaintiff to restrain the defendants from committing the act of piracy by producing, making, releasing or copying the plaintiff's work---Claim of the plaintiff was based on the fact that one of the defendants, who had been working with it in developing an idea for a television programme, had subsequently, , in collusion with the other defendant, infringed the copyright of the plaintiff in the said programme---Contention of the defendants was that the plaintiff did not have any copyright in the said programme as it was conceived and developed by the defendants---Question before the Court was whether there axis a copyright in the idea conceived by the plaintiff to prepare the programme---Validity---An idea cannot be the subject-matter of copyright---Copyright does not protect an idea, but only the expression of the idea---Law does not recognize property rights in abstract ideas and does not accord the author or proprietor, any protection of his ideas, which the law does accord to the proprietor of personal property ---Plaintiff had to show that it was the owner of the copyrighted work and without such proof no copyright could be created in his Plaintiff, in the present case, was even unable to prove that the idea of the programme was conceived by one of its employees ---Plaintiff had failed to prove prima facie case in its favour and it was found that great inconvenience would be caused to the defendants if the injunction was granted---Loss calculated by the plaintiff could be expressed in terms of money, therefore, no irreparable loss would be caused to the plaintiff the injunction axis refused---Conditions for the grant of interim injunction having not been found not in favour of the plaintiff, the application was dismissed. Computer Associates International,…

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