Skip to content

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

Kavita Films finds that its entry for a documentary wrongly remains in the Register because the work was entered in the name of a person who had no interest in it. The error is not a mere accidental slip but a wrongly made entry. Which remedy does the Act provide?

Kavita Films should apply to the High Court. Under Section 50, on application by the Registrar or a person aggrieved, the High Court shall order rectification, including expunging an entry wrongly made in or remaining on the register, which goes beyond Registrar's Section 49 corrections.

  1. AAn application to the High Court, which may order the entry expunged under Section 50Correct
  2. BOnly a correction by the Registrar under Section 49
  3. CA fresh application to the Registrar of Trade Marks
  4. DNo remedy exists once an entry is made

Explanation

Section 50 empowers the High Court, on application of the Registrar or any person aggrieved, to order rectification, including expunging any entry wrongly made in or remaining on the register. Section 49 covers only errors in names, addresses, particulars or accidental slips, not an entry wrongly made.

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