Grant acknowledgment to genuine publisher for issuance ISBN and not approved delegate: Delhi High Court notice issue in supplication
Delhi High Court has given notification in an appeal looking for acknowledgment of the name of publishers while conceding ISBN rather than the approved individual of such publishers.
A Singh Judge brnch of justice Pratibha M. Singh, while giving notification in the matter said,
“This issue is one which concerns not just the Petitioner but many other similarly placed parties as well and could create some confusion. Accordingly, issue notice.”
The petitioner is a public beneficent trust and is a book publisher, having distributed countless books with International Standard Book Number (hereinafter ‘ISBN’) from the Respondents.
It is the situation of the petitioner that while the past framework perceived the genuine “publisher” as the publisher for the motivation behind giving ISBN, the new framework presented by the respondents, perceives the applicant that is, the “approved individual of the publishers” as the distributer for giving ISBN. This may make “tremendous trouble” as the approved individual may change every once in a while.
Matter has been recorded for hearing on April 22, 2021. The Respondents have been called to record reaction on the adjustment of framework, assuming any.
According to the site of Respondent 1, “ISBN is a unique International Publisher’s Identifier number, which is meant for monograph publications. ISBN is the thirteen-digit number, which replaces the handling of long bibliographic descriptive records. ISBN is known throughout the world as a short and clear machine-readable identification number, which marks any book unmistakably. ISBN is a machine readable in the form of 13-digit i.e. Book land EAN Bar Code.”
Solicitor is the copyright proprietor and distributer of books composed by Late His Divine Grace A.C. Bhaktivedanta Master Prabhupada and is enlisted under the Bombay Public Trust Act, 1950.
Practicing the rights vested in it vide the Deed of Trust dated 30.03.1972, the Applicant has published a few books, discourses and different works, including the translation of Bhagavad Gita and Srimad Bhagavatam of Srila Prabhupada.
“ISBNs are fundamental in recording books, yet additionally distinguishes every one of the distributions to a specific ‘publisher’. In the event that the approved individual is perceived as a ‘Publisher’, distinctive ISBNs got by various approved individual would recognize diverse ‘publisher’ despite the fact that every one of the books would be possessed and published by one publishing house”, the supplication states.
Reason for Activity emerged on 05.02.2021, when the administrator of the solicitor, while applying for ISBN on the new site of the Respondent, entered his name and when the ISBN was reserved, it was for the sake of the approved agent of the petitioner.
Administrator of the candidate made a few correspondences with the respondents and was educated that the framework was planned so that against the publisher’s name, just a person’s name can be appeared.
This essentially implied that the individual applying for ISBNs will be perceived as publisher and the genuine publisher would be perceived as a Publishing office.
Supplication has been tried to give a writ of mandamus, guiding the respondents to perceive the solicitor as the ‘publisher’ of the books concerned.
Adv. Kuriakose Varghese argued for the Petitioner Bhaktivedanta Book Trust of ISKCON which was represented by Adv. V Shyamohan of KMNP Law.
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