Delhi HC provides relief to INOX India in Copyright Registration Appeal; directs Registrar of Copyrights to issue fresh Copyright Registration Certificate after rectification

The remarks mentioned in the Copyright Registration Certificate is that the artistic work shall not be used in relation to any goods or services and the copyright in artistic work should not subsist if the work was applied to an industrial process and reproduced more than fifty times.

Delhi High Court

Delhi High Court: In an appeal filed by the Inox India Limited (‘the appellant’) to challenge the remarks mentioned in the Copyright Registration Certificate dated 23-01-2023, issued by the Registrar of Copyrights, Mini Pushkarna, J., noted that the Registrar of Copyrights, (‘respondent’) had submitted that the impugned remarks from the certificate issued to the appellant, should be removed within a period of four weeks and a fresh certificate should be issued to the appellant. The respondent further submitted that the Registrar of Copyright, Headquarter, was in the process of introducing changes in the website portal of the respondent. Thus, the Court stated that the requisite rectification should be carried out, and a fresh certificate to be issued to the appellant, within four weeks.

The remarks mentioned in the Copyright Registration Certificate was that the artistic work should not be used in relation to any goods or services and the copyright in artistic work should not subsist if the work was applied to an industrial process and reproduced more than fifty times. The respondent submitted that the impugned remarks from the certificate issued to the appellant, should be removed within a period of four weeks from today and a fresh certificate should be issued to the appellant. The respondent further submitted that the Registrar of Copyrights, Headquarter, was in the process of introducing changes in the website portal of the respondent.

The Court noted that the appellant’s statement that it was satisfied with the submissions made by the respondent. However, he submitted that there were various issues faced by the parties, regarding the website portal of the respondent, and that the appellant might be allowed to make a representation with respect to the said issues, to the respondent.

Thus, the Court granted such liberty and accordingly, stated that the requisite rectification should be carried out, and a fresh certificate to be issued to the appellant, within four weeks.

The matter would next be listed on 10-12-2024.

[Inox India Ltd. v. Registrar, Copyrights, 2024 SCC OnLine Del 7848, decided on 06-11-2024]


Advocates who appeared in this case :

For the Appellant: Chander Lall, Senior Advocate with Smriti Yadav, Nirupam Lodha, Gautam Wadhwa, Vanshika Thapliyal, Abhinav Bhalla and Annanya Mehan, Advocates.

For the Respondent: Shoumendu Mukherji, Senior Panel counsel with Megha Sharma, Arya Jha and Aniruddha Ghosh, Advocates; Hemant Khosla, Designated as Dy. Registrar of Copyrights.

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