BHARAT TEA SUPPLIERS Vs. GUJRAT TEA TRADERS

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. The learned advocate Mr. Shreyas Deshpande holding for Mr. S.B. Deshpande waives service for respondent No.1. The learned ASGI Mr. Talhar waives service for respondent No.2. At the the request of the parties, the matter is heard finally at the stage of admission.

(2.) The petitioner is invoking the powers of this Court under Article 226 and 227 of the Constitution of India for impugning the judgment and order passed by Intellectual Properties Appellate Board, Chennai (herein after IPAB) in the matter of TP/26/2020/CR/WZ dated 31.12.2020.

(3.) The petitioner applied for and obtained a copyright of the package design for the name "Tiger No.5" and received a certificate of registration dated 18.11.2009 having No.A-87508/2009 in the name of M/s. Bharat Tea Suppliers of which the petitioner is the proprietor under Class 30 of the Copyright Act, 1957. The respondent No.1 also registered a copy right design under the name "Lion No.5" with registration No.A-88737/2010 on 30.08.2010. The respondent No.1 then filed a petition for rectification of the Copyright Register under Section 50 of the Copyright Act for expunging registration of the petitioner's copyright by preferring the Appeal before the IPAB. By the impugned order the IPAB allowed the Appeal on the ground that the respondent No.1 was an aggrieved person and registration was obtained by the petitioner without compliance with the mandatory provision contained in Rule 16(3) of the Copyright Rules, 1958 (which is analogous to Rule 70(9) of the Copyright Rules, 2013).