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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Ravi, a Jaipur author, wrote a novel and never applied for any registration. A rival copies large parts of it. Which position reflects Indian copyright law?

Ravi can sue for infringement. Under the Copyright Act, 1957, copyright in an original literary work arises automatically when it is created. Registration is optional and serves as prima facie evidence, so its absence does not bar a suit against the copier.

  1. ACopyright subsists automatically on creation of the original work, so Ravi can sue for infringement even without registrationCorrect
  2. BRavi cannot sue because copyright arises only on registration
  3. CRavi can sue only after obtaining a patent
  4. DRavi's right arises only after publication in the Gazette

Explanation

Under the Copyright Act, 1957, copyright in an original literary work arises automatically on creation. Registration is not a precondition for protection or for suing; it gives prima facie evidence of particulars. The other options wrongly impose a registration, patent or gazette requirement.

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