CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright
Neha, an author, assigned her copyright to a publisher in March 2024. In 2026 she complains that the publisher has not made sufficient exercise of the assigned rights, with no fault on her part. What is the position on revocation under the Act?
No revocation order can be made yet. Although a Commercial Court may revoke an assignment for the assignee's insufficient exercise of rights after inquiry, it cannot do so within five years of the assignment date, and only about two years have passed.
- AThe Commercial Court cannot make any order revoking the assignment within five years of the assignment dateCorrect
- BThe Commercial Court must revoke it immediately because of the failure
- CThe Central Government decides the revocation by order
- DThe assignment is revoked automatically after two years of non-use
Explanation
The Commercial Court may revoke an assignment for insufficient exercise of rights not attributable to the assignor, after inquiry. However, no order of revocation under the section can be made within five years from the date of assignment. Since only about two years have passed, revocation cannot be ordered now.
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