ABDUL MAJEEB ABDUL WAJID Vs. GULFARN EXPORTERS

JUDGEMENT

(1.) This appeal arises out of an order dated 16.11.1993 passed by the Copyright Board directing for expunging of Entry No. A. 51185/91 in the Register of Copyright granted in favour of the appellant. The Copyright Board directed expunging of the aforesaid entry of copyright on the ground that the appellant had not in law become the owner of the copyright in the manner contemplated by the provisions of the Copyright Act.

(2.) The aforesaid impugned order was passed by the Copyright Board on the basis of a petition filed by M/s. Gulfarn Exporters of Lucknow, respondent No. I herein, praying for expunging of Entry No. 51185 /91 in the register of Copyright of the artistic work of Two Hukkas registered in the name of the appellant herein. The main grounds urged in the said petition for rectification are that work was not Urdu but Arabic and that the Certificate issued by the Trade Marks Office under Section 45(1) of the Copyright Act was contrary to Sections 9 and 11 of the Trade and Merchandise Marks Act and also that the Registrar of Copyrights did not wait for the statutory 30 days as required under Rule 16(4) of the Copyright Rules. The appellant filed his written statement and respondent No. 1 filed his rejoinder thereof. The aforesaid case before the Copyright Board was registered as Case No. 8 of 1992.

(3.) Thereafter, it appears that the parties were heard by the Copyright Board and during the course of hearing learned Counsel appearing for the respondent urged an issue to the effect that no assignment of copyright in any work would be valid unless it is in writing signed by the assignor or his duly authorised agent and there being no written assignment in the present case in favour of the appellant as required under Section 19 of the Copyright Act the appellant could not have in law become the owner of the copyright in the manner contemplated in the Copyright Act. The Copyright Board was persuaded, as it appears from the tenor of the impugned order by the aforesaid arguments of the learned Counsel for respondent No. 1 and accordingly, by the impugned order the Copyright Board allowed the petition on the short ground that the respondent did not in law become the owner of the copyright in the manner as contemplated in the Copyright Act.