Introduction
In the Intellectual Property Rights domain, copyright is a significant part of protecting the new creations of authors, creators, artists, and other creative professionals. To monitor the copyright law in India, two significant institutions are formed under the Copyright Act of 1957. They are the Copyright Office and the Appellate Board. These formations ensure the registration, adjudication, and enforcement of copyright in an efficient manner.
Copyright Office:Structure And Role
The Copyright Office in India is a specialized administrative setup under Section 9 of the Copyright Act of 1957. The Copyright Office is easily accessible because of its geographical location in New Delhi. The Copyright Office is under the direct administrative control of the Department for Promotion of Industry and Internal Trade (DPIIT), which is a part of the Ministry of Commerce and Industry.
This office deals with all matters concerning the registration and protection of copyrights. It was established through the Copyright Act and functions under the immediate control of the Registrar of Copyrights, who is appointed by the Central Government. There can also be one or more Deputy Registrars appointed to assist the Registrar. These persons aid in the functions delegated by the Registrar, and in the process, they are deemed to be acting as the Registrar under the law.
The Copyright Office has a seal that verifies documents and registrations. This seal enhances its status as a government office. It has legal standing, especially when certified copies from the Register of Copyrights are produced in court. These documents are taken as valid proof without requiring further confirmation or production of the original document.
Appellate Board
Until recently, the Intellectual Property Appellate Board (IPAB) was responsible for managing copyright disputes and appeals. The IPAB functioned as the Appellate Board for the Copyright Act. The IPAB was responsible for appeals and other legal matters, functioning as a specialized court to offer a faster resolution process than in regular courts. The IPAB had the ability to set its own procedures, determine the hearing schedule, and constitute benches to decide on cases. The members of the Appellate Board were supposed to be impartial and refrain from being involved in cases where they have a personal interest. From a legal standpoint, it was considered a civil court for a particular purpose under the Code of Criminal Procedure and the Indian Penal Code, offering its decisions high judicial credibility.
However, a significant development came with the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, which abolished the IPAB. However, all the powers and functions that were exercised by the Appellate Board under the Copyright Act are now exercised by the High Courts and Commercial Courts. This is part of an overall simplification of the legal system and a reduction in reliance on specialized courts. The High Courts are now the main appellate forums for copyright matters, ensuring consistency in legal interpretation while bringing copyright matters within the ambit of the conventional judicial system.
Current Legal Position Post-Abolition Of IPAB
With the abolition of IPAB in 2021:
1. The High Court now exercises the appellate jurisdiction over the Copyright Act.
2. All pending matters before the IPAB are transferred to the concerned High Court.
3. The Copyright Office continues to handle registration and administration.
These developments are expected to reduce the burden of work on several tribunals, improve efficiency, and enhance judicial control.
In Conclusion, while the Copyright Office remains the primary source for copyright registration and administration in India, the appellate jurisdiction that was exercised by the IPAB is now exercised through the conventional judicial system, such as the High Courts.
India: +91-1141 8355 50