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

Rohan, author of a poem, gives notice in the prescribed form to the Registrar of Copyrights relinquishing all his rights. Licensee Sundaram already holds a subsisting licence granted before the notice. Which statement is correct?

Rohan's relinquished rights cease from the date of his notice, not from Gazette publication. However, rights already subsisting in favour of any person on that date, such as Sundaram's licence, are not affected by the relinquishment.

  1. ARohan's rights cease from the date of the notice, but Sundaram's subsisting rights are not affectedCorrect
  2. BRohan's rights cease only after the Registrar publishes the notice in the Official Gazette, and Sundaram's licence also ends
  3. CRohan's rights cease from the date of the notice and Sundaram's licence ends on the same date
  4. DRelinquishment is valid only if the Registrar accepts it after hearing Sundaram

Explanation

Under Section 21 the rights cease from the date of the notice, subject to sub-section (3), which protects rights subsisting in favour of any person on that date. Gazette publication is a duty of the Registrar after receipt and does not postpone the effect. No hearing or acceptance is required.

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