Skip to content

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

Kavita applies under section 45 to enter particulars of her artistic work in the Register. The Registrar enters them and publishes the entry. In a later suit, the defendant argues that publication in the Gazette makes the entry conclusive proof of ownership. Which response is correct on the text of the Act?

The defendant is wrong. Under section 48 the Register is only prima facie evidence of the particulars entered, so it can be rebutted. Publication under section 50A is a separate duty and does not make the entry conclusive proof of ownership.

  1. ACorrect, publication makes the entry conclusive evidence
  2. BIncorrect, the Register is only prima facie evidence of the particulars entered, and publication does not change thisCorrect
  3. CCorrect, but only if the Registrar certifies and seals a copy
  4. DIncorrect, because entries in the Register have no evidentiary value at all

Explanation

Section 48 makes the Register prima facie evidence of the particulars entered, and certified, sealed copies are admissible without further proof. Section 50A deals only with publication and does not make an entry conclusive. The entry can still be challenged, including through rectification under section 50. The certified copy point in option C concerns admissibility, not conclusiveness.

Did you get it right without looking?

One question tells you little. A timed set on Copyrights shows your real accuracy, how long you take and where you lose marks.

Practise CopyrightsFree diagnostic mock

More Copyrights questions