CHARANJIT SINGH Vs. DUA BROTHERS

JUDGEMENT

(1.) THIS is an application for rectification of the Register under section 50 of the Copyright Act, 1957 by expunction of registration number A -49566/88. The matter was heard at New Delhi on 27th July, 2009. The principal ground which has been taken in the petition is that the creator of the artistic work is Shri Mohinder Singh, the father of the petitioner as reflected through entry against column number 7 of the impugned registration certificate. Thus the said Shri Mohinder Singh is the first and exclusive owner of the work. In terms of sections 18 and 19 of the Copyright Act, 1957, the creator of the work can transfer the ownership of the work by assignment only which has to be in writing. There is nothing in the partnership deed dated 1st April, 1964 and the dissolution deed dated 26th February, 1986 to indicate that the said Shri Mohinder has assigned the work in favour of M/s. Dua Brothers, the first applicant. The other principal ground which has been taken is that the registration was granted on 20.12.1988 whereas the creator of the work died on 7.12.1988.

(2.) RESPONDENT in its written statement has submitted that Shri Mohinder Singh created the said work as partner of the firm and thus the property thereof vests in the firm. Respondent has submitted the copy of another partnership deed dated 29.8.1983 whereby the said Mohinder Singh constituted another partnership with Shri Harjit Singh and Smt. Jagjit Kaur. Respondent has referred to certain court judgment whereby certain suits for permanent injunction have been decided in favour of respondent.

(3.) IN the rejoinder, the applicant has submitted that Shri Mohinder Singh retired from partnership on 26.2.1986 and expired on 7.12.1988. Respondent obtained the certificate on 20.12.1988 without revealing these events to the Registrar of Copyright. Applicant has submitted that the request for supplying of certified copies of the relevant documents was made by him on 23.7.2008 together with requisite fee to the Registrar of Copyrights. But despite a reminder on 6.9.2008, no such copies have been supplied so far to him and has sought for an adverse inference in the matter against the concerned officials. Petitioner has in other regards generally rebutted the submission of the respondent.