If I read Mario Puzo’s The Godfather and then proceed to write a structurally identical novel with many of the same story beats and character types, it will not be difficult to convince a jury exposed to these facts that I’ve created a derivative work.

On the other hand, if I can prove to the jury’s satisfaction that I’ve never been exposed to Puzo’s work in any form, it’s independent creation.

To the contrary, there have been many cases of very similar novels with largely identical plot points and settings that survive copyright allegations, even if the author was exposed to the original work.

For a rather entertaining example (though raunchy, for a heads up): https://www.youtube.com/watch?v=zhWWcWtAUoY&themeRefresh=1

In the case of chardet though it wouldn't it be more like you were the publisher of the godfather novel, withdrawing it from print and releasing a novel with the same name with much of the same plot and characters but claiming the new version was an independent creation?