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

Rohan Verma writes a novel and publishes it online without registering it anywhere. A rival copies large portions word for word. Which statement is correct under Indian law?

Rohan holds copyright automatically from the moment the original novel is created, and registration is not required for the right to exist or to sue for infringement. Registration merely serves as prima facie evidence. Patents do not protect literary works, and no waiting period applies.

  1. ARohan has no copyright because registration is mandatory for copyright to subsist
  2. BRohan has copyright from creation, and registration is not a precondition for suing for infringementCorrect
  3. CRohan gets copyright only after five years of publication
  4. DRohan is protected only if he files a patent for the novel

Explanation

Copyright in an original literary work arises automatically on creation. Registration under the Copyright Act, 1957 only gives prima facie evidence of particulars and is not a condition for subsistence or for an infringement suit. Distractor A wrongly treats registration as constitutive, as in patents or designs.

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