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

In a dispute before the Registrar of Copyrights, Arvind Traders refuses to produce its licence agreement with Kaveri Music Pvt Ltd. The Registrar wants the document produced and also wants to take evidence on affidavit. Which is correct?

The Registrar of Copyrights has the powers of a civil court under the Code of Civil Procedure, 1908 on listed matters. These include requiring discovery and production of documents and receiving evidence on affidavits, so both steps are within the Registrar's powers.

  1. AThe Registrar has no such powers, which belong only to a civil court
  2. BThe Registrar has the powers of a civil court under the Code of Civil Procedure, 1908 for requiring discovery and production of documents and receiving evidence on affidavitsCorrect
  3. CThe Registrar can require production of documents but cannot receive affidavits
  4. DThe Registrar can act only after obtaining an order from the Central Government

Explanation

Section 74 gives the Registrar the powers of a civil court trying a suit under the CPC in listed matters, including requiring discovery and production of documents and receiving evidence on affidavits. Option 3 is wrong because affidavits are expressly listed.

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