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

Under Section 33A, Lakshmi Hotels Ltd is aggrieved by the tariff scheme of a copyright society and appeals. Which statement reflects the section?

The aggrieved person must pay the fee already due before appealing and keep paying until the appeal is decided. Section 33A bars any stay of collection pending appeal, though the Commercial Court may fix an interim tariff after hearing the parties.

  1. AThe aggrieved person must pay the fee that has fallen due before appealing and continue paying until the appeal is decidedCorrect
  2. BThe collection of fee is automatically stayed once the appeal is filed
  3. CThe aggrieved person need not pay any fee until the appeal is decided
  4. DThe Commercial Court cannot fix any interim tariff

Explanation

The first proviso to Section 33A(2) requires the aggrieved person to pay the prescribed fee that has fallen due before appealing and to keep paying until the appeal is decided, and bars any stay of collection. The second proviso lets the Commercial Court fix an interim tariff after hearing the parties.

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