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CS Professional · Intellectual Property Rights - Law and Practice · Copyrights

A single Judge of the High Court decides an appeal against a Registrar of Copyrights order for payment of Rs 3,00,000 and dismisses it. The appellant, Vikas Publishers, is dissatisfied. The decision is dated 1 March; a certified copy is received after 20 days. Which course is consistent with Section 72?

A further appeal lies to a Bench of the High Court within three months from the single Judge's decision, excluding the time taken to obtain a certified copy. Section 72(3) and (4) provide this, and it does not depend on any earlier reference.

  1. ANo further appeal lies, since a single Judge heard it
  2. BA further appeal lies to a Bench of the High Court within three months from the date of the single Judge's decision, excluding time taken to get the certified copyCorrect
  3. CA further appeal lies to the Appellate Board within thirty days
  4. DA further appeal lies to a Bench only if the single Judge referred the matter at an earlier stage

Explanation

Section 72(3) gives a further appeal to a Bench of the High Court within three months of the single Judge's decision, and sub-section (4) excludes certified copy time. The reference power in the proviso is separate and is not a precondition for the further appeal.

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