Ensuring Statutory Requirement & Procedural Fairness: The Implications of Non-Compliance of Rule 16(3) of Copyright Rules 1958, in Copyright Registrations": Delhi High Court Invalidates Copyright Registrations
In Anil Kumar Gera trading as Alka Food Industries v.Ramesh Chander Trading as Anil Food Industries. The honourable "High Court Of Delhi, at New Delhi", Hon'ble Mr. Justice Sanjeev Narula, isued the following directions, the Impugned Copyrights registered under No. A-65448/2003 dated 20th October, 2003, and No. A-57086/1999 dated 8th December, 1999, in favour of the Respondent, would be treated as revoked/ cancelled on the basis of ensuring procedural fairness, as herein the statutory mandate of Rule 16(3) of the Copyright Rules, 1958 (now Rule 70(9) of the Copyright Rules, 2013), to give notice to any person disputing rights to the work being registered, was not provided to the plaintiff, therefore the above order. The short details of the case follows as under. The issue of copyright registrations took center stage in a recent legal battle between Anil Kumar Gera, trading as Alka Food Industries, and Mr. Ramesh Chander, trading as Anil Food Industries wherein Anil Kumar...