Skip to content

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

Rohit Films, Mumbai, discovers that a rival, Kiran Studios, got an entry made in the Register of Copyrights for a screenplay that Kiran Studios never owned or authored. Rohit Films is a person aggrieved and wants the entry removed. Which is the correct course under the Copyright Act, 1957?

Rohit Films should apply to the High Court under Section 50, which allows a person aggrieved to seek expunging of an entry wrongly made or remaining on the register. Section 49 is limited to errors in names, particulars or accidental slips.

  1. AAsk the Registrar to expunge it under Section 49 as an accidental slip
  2. BApply to the High Court under Section 50 to expunge the entry wrongly made or remaining on the registerCorrect
  3. CRely on Section 48, since the Register is only prima facie evidence and so the entry is automatically void
  4. DApply to the Registrar of Trade Marks under Section 45

Explanation

Section 50 empowers the High Court, on application of the Registrar or any person aggrieved, to order expunging of any entry wrongly made or remaining. A wrongly claimed ownership is not a mere slip within Section 49. Section 48 only makes the Register prima facie evidence; it does not void entries automatically.

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