Efficiently resolve copyright disputes with expert guidance.
Trust our expert copyright hearing services to navigate disputes with confidence, ensuring effective resolution and robust protection of your intellectual property rights.
Meaning
A copyright hearing typically refers to a legal proceeding where disputes related to copyright infringement, ownership, or licensing are addressed and resolved. It is conducted by the judicial bodies like commercial courts, registrar of copyrights High Courts. Before this, the Intellectual Property Appellate Board (IPAB) was tasked with adjudicating the hearing for such matters. A Copyright Hearing gives the parties concerned the chance to submit their arguments, facts, and counterarguments in front of a trademark officer or another recognized authority.
Important Points
- Jurisdiction: Judicial bodies, tribunals and commercial courts having jurisdiction over intellectual property disputes hold hearing for Copyright.
- Notice of hearing: In order to provide the relevant parties with information regarding the date, time, and location of the hearing, the Copyright Office or adjudicating body will issue a notice of hearing. The applicant, the opponent, and other relevant parties interested in the dispute are typically the recipients of the notice when it is sent out.
- Parties involved: The parties to a Copyright Hearing involve the Plaintiff- party claiming infringement or ownership of copyright, the Defendant- party accused of such infringement, and any other interested third parties.
- Issues Addressed: During the Copyright Hearing, the adjudicating body hears issues related to Infringement, ownership, what constitutes as fair use and provides for damages and remedies.
- Appeal: The aggrieved party may appeal to High court as per Section 104 of the Copyright Act 1957, and a further appeal may also be made to the Supreme Court under Special Leave to appeal.
What is included in this
FAQs
An official authorised by the Registrar of Copyright, Commercial, District and High Courts hold the hearings for copyright. These officials are empowered to examine the arguments, facts, and submissions made by the parties and reach judgement based on the case’s merits.
In India, a copyright hearing is a formal proceeding held by the various adjudicating bodies or the Registrar of Copyright to address disagreements, issues relating to copyright applications, ownership, infringement and other copyright-related matters.
During a Copyright hearing in India, you do have the right to be represented by a lawyer or an authorised agent. On your behalf, your attorney can make oral and written presentations, present arguments, offer evidence, cross-examine witnesses (if necessary), and more.
There are several key aspects that are crucial for protection of copyright in India, the Copyright Hearing as a mechanism allows resolution of disputes, provides legal clarity to parties to understand their rights, protection of the intellectual property rights and promotion of fair use and licensing.
Yes, you can submit an appeal before the High Court or the relevant higher body within the given time restrictions if you are not satisfied with the decision of copyright hearing. You can contest the ruling and offer further justifications or supporting evidence by filing an appeal.
As per the rule 70(12) of the Copyright Rules, 2013, an opportunity of hearing must be given. However, only after hearing, it may be decided to register the work or to reject it. The applicant himself or his/her pleader may appear in the hearing.
As per section 72 of the Copyright Act, 1957 any person aggrieved by the final decision or order of the Registrar of Copyrights may, within three months from the date of the order or decision, appeal to the Intellectual Property Appellate Board (IPAB).
