9911796707
TMI Blog2018 (9) TMI 1960X X X X Extracts X X X X X X X X Extracts X X X X ..... there was no statutory provision for constitution of a Copyright Board. Section 11 of the Copyright Act, as substituted with effect from 26.05.2017 - with the introduction of the said statutory amendment, there is now no requirement for constitution of a Copyright Board. However, the Copyright Rules, 2013 - which came into force with effect from 14.03.2013 - were not amended to incorporate a corresponding change necessary as a consequence of the amendment in the Copyright Act. The said Rules were framed by the Central Government in exercise of powers conferred under Section 78 of the Copyright Act, which enables the Central Government to frame rules for carrying out the purposes of the Act . Clearly, the said Rules, insofar as they provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clining to place the petitioner's application filed under Section 31D of the Copyright Act, 1957 (hereafter 'the Copyright Act') before the Appellate Board. The impugned order indicates that the petitioner's application is declined on the ground that there is no technical member (copyright) to place the application before the Appellate Board and, therefore, till such time that a technical member (copyright) is appointed, the matters relating to Copyright Act would not be listed before the Appellate Board. 2. Ms. Shiva Lakshmi, counsel appearing for the respondents states that steps are being taken for appointing a technical member (copyright) in terms of Rule 3 of the Copyright Rules, 2013 and states that advertisement fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yright Board and such other officers and employees as may be considered necessary for the efficient discharge of the functions of the Copyright Board. 6. Copyright Rules, 2013, which came into effect on 14.03.2013, also expressly contained rules for constitution of the Copyright Board. Rule 3(1) of the said Rules is set out below: 3. Terms and conditions of the office of the Chairman or members of the Board.-- (1) The Chairman and other members of the Board shall be appointed for such period not exceeding five years as the Central Government may in each case deems fit: Provided that the Chairman and the other member shall not hold office as such after he has attained,- (a) In the case of Chairman, the age of sixty-five years; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urpose of Copyright Act. Rule 3 of the said rules is superfluous since the Copyright Act, itself, does no longer provide for constitution of a Copyright Board. 9. Section 83 of the Trade Marks Act, 1999 (hereafter 'the Trade Marks Act') provides for establishment of an Appellate Board. Section 84 of the Trade Marks Act provides for composition of the Appellate Board. The said Sections are set out below: 83. Establishment of Appellate Board.-- The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Intellectual Property Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act. 84. Composition of Appellate Board.- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allocated to a Bench, the decision of the Chairman shall be final. Explanation.--For the removal of doubts, it is hereby declared that the expression matter includes an appeal under section 91. (6) If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it. 10. Having stated the above, it may be apposite for the respondent to also appoint a m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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