While adjudicating an interim application, the Bombay High Court recently held that registration under the Copyright Act 1957 is not compulsory for seeking relief thereunder. In doing so, the court, after going through the jurisprudence on the subject matter, held the findings in <i>Dhiraj Dewani</i> to be <i>per incuriam</i> and incorrect.
Sets the record straight through ruling that copyright registration is not mandatory for enforcement
Copyright is a simple form of intellectual property right (IPR) that comes into existence immediately when an original idea is expressed, such as when a story is published in a magazine or on a website, a poem is recited in a gathering, a sketch is drawn on a paper, or an article is published in newspaper. For this reason, copyright is undoubtedly a simpler form of IPRs when compared with other forms of IPR, such as trademarks or design or patents. It is also simpler because many jurisdictions do not require mandatory examination or registration under the applicable copyright laws for its enjoyment and enforcement, unlike other forms of IPRs.
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