Injunction against pirated literary works… Defendants granted leave by court to file affidavit in answer

FIVE publishers – Nelson Thornes Limited, Cambridge University Press, Oxford University Press, Macmillan Publishers Limited, and Pearson Education Limited –have moved to the court in an ex-parte application alleging six defendants plan to sell, reproduce, and unfairly distribute the literary works of others.

High Court Judge Rishi Persaud has granted three injunctive orders restraining those defendants from carrying out their plans.
This afternoon, lawyers representing those defendants are expected to meet Justice Persaud in Chambers and, according to reports, seek leave to file an affidavit to answer the claims made by the plaintiff publishers.
The defendants are Abbisham Boodhoo; Gandhi Sales and Investments Limited, trading under the name and style of Gandhi Variety Store; T. Nicholas, trading under the name and style of T&J Bookshop; J. Nicholas, trading under the name and style of T & J Bookstores; Metro Office and Computer Supplies Inc; and Monica Beepat, trading under the name and style of Giftland Office Max.
After reading the ex-parte  application, made by way of a sworn affidavit from the plaintiffs, and upon hearing Attorney-at-Law Andrew Pollard for the plaintiffs, Justice Persaud ordered thus: “It is hereby ordered that the said defendants — Abbisham Boodhoo, Gandhi Sales and Investments Limited, T. Nicholas,  J. Nicholas, Metro Office and Computer Supplies INC, and  Monica Beepat — be restrained jointly and severally, whether by themselves, their servants, their agents, or otherwise howsoever,  from the reproduction, sale, and/or distribution of the literary work set out in Schedule 1 to the Order (the literary works) in any manner or for any reason whatsoever, without the permission of the plaintiffs, until the hearing and determination of a summons to continue this injunction in this cause.
“And it is further ordered that an interim injunction is granted, restraining the said defendants jointly and severaly, whether by themselves, their servants, their agents, or otherwise howsoever, from representing or holding out to any person in any manner whatsoever that unauthorized and unlawful copies of the literary works are genuine articles, until the hearing and determination of the summons to continue the injunction in this cause.
“And it is further ordered that the said defendants do forthwith deliver up to the plaintiffs all unauthorized  and unlawful copies of the literary works in the possession or under the control of all or any of the defendants, at such place or places within the Republic of Guyana that the same may be; and that the plaintiffs may be at liberty to issue and serve on the defendants a sealed copy of the writ of summons, a sealed copy of the ex-parte  application by way of affidavit, and the exhibits thereto.”
At the continuation of the hearing yesterday, the defendants were granted leave to file an affidavit in answer.

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