Infringement Of Copyright Is An Arbitrable Issue If Work Developed Under Contract

A petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter "the A & C Act") was referred to the intellectual property division of Delhi High Court (hereinafter "the Court") since the matter relates to the intellectual property rights of the petitioner. The petitioner, Wieden+Kennedy India Private Limited, is the Indian arm of the advertising agency Wieden + Kennedy Inc.

The petitioner approached the Court seeking restraint on Jindal Steel And Power Limited, the respondent, from sharing or releasing a video titled 'Jindal Steel– the Steel of India' (hereinafter "the impugned video") on all platforms, including videos, social media or in any manner infringing petitioner's copyright in the ad film campaign which the petitioner prepared under the agreement (hereinafter "Services Agreement") dated May 8, 2023, executed between the parties before the commencement of arbitration.