LAWS(CP)-2011-3-2

LALIT KUMAR ARYA Vs. APSANA SUNGANDHI

Decided On March 23, 2011
LALIT KUMAR ARYA Appellant
V/S
Apsana Sungandhi Respondents

JUDGEMENT

(1.) THIS is an application under Section 50 of the Copyright Act, 1957 for expunction of copyright registration number A -74200 of 2005. The matter was heard at the sitting of the Board at New Delhi on 13.12.2010. Parties on both the sides were directed to file the written arguments which accordingly have been done.

(2.) IN the hearing held on 13.12.2010, brief oral submissions from both sides were made and it was directed that the detailed arguments shall be put forth by both the sides. An important area related to applicability of Section 15(2) of the Copyright Act, 1957 in the instant matter. Very brief and sketchy submissions have been made by both the sides in their written arguments.

(3.) APPLICANT in the matter has relied upon the lackness of the originality of the impugned work and transgression of Rule 16(3) of the Copyright Rules, 1958. He has specifically submitted as to non applicability of protection of Section 15 of the Copyright Act, 1957 to him in the present matter.