Court Orders Removal from Register, Allows Reapplication Upon Compliance with Statutory Requirements
The Calcutta High Court, presided over by Justice Arindam Mukherjee, delivered a significant judgment on May 5, 2026, in the case of Rajkumar Aggarwal v. Nand Kishore Bhimsariya & Anr., addressing crucial procedural lapses in the registration of copyrights. The judgment emphasized adherence to the Copyright Act, 1957 and the Copyright Rules, 2013, specifically highlighting the mandatory nature of Rules 70(6), 70(9), 70(10), and 70(11).
The case involved an application for rectification by Rajkumar Aggarwal, challenging the copyright registration granted to Nand Kishore Bhimsariya by the Registrar of Copyrights. The court found that the respondent, Nand Kishore Bhimsariya, failed to comply with the statutory requirements under Rule 70(9), which mandates notifying all interested parties of the application for copyright registration.
Justice Mukherjee noted that the Registrar of Copyrights did not independently verify the correctness of the particulars provided in the application, as required under Rule 70(10) and 70(11). The court underscored the legislative intent for a two-tier procedural safeguard to prevent misuse and oversight in the registration process, which was not adhered to in this case.
Citing precedents such as Nazir Ahmed v. Emperor and Ramchandra Keshav Adke v. Govind Joti Chavare, the court reiterated the legal principle that when a statute prescribes a specific manner for performing an act, it must be done in that manner or not at all. The procedural irregularity committed by the Registrar, coupled with the non-compliance by the respondent, led to the invalidation of the copyright registration.
The court ordered the Registrar to remove the invalid registration from the database and the register of copyrights. However, it allowed the respondent the opportunity to reapply for copyright registration after complying with all statutory formalities.
This judgment highlights the critical importance of strict adherence to procedural requirements in copyright registrations, reinforcing the necessity for regulatory bodies to meticulously verify application details to ensure the integrity of the copyright register.
Bottom line:-
Copyright registration - Application for rectification of copyright registration on grounds of non-compliance with Copyright Rules, 2013 - Registrar of Copyrights is required to ensure satisfaction about correctness of particulars in the application, irrespective of objections received - Failure to comply with mandatory provisions of Rules 70(6), 70(9), 70(10), and 70(11) renders registration invalid.
Statutory provision(s): Copyright Act, 1957, Copyright Rules, 2013 - Rules 70(6), 70(9), 70(10), 70(11)
Rajkumar Aggarwal v. Nand Kishore Bhimsariya, (Calcutta) : Law Finder Doc id # 2894390
