- (1.) THIS is an appeal under Section 72(1) of the Copyright Act, 1957 against the decision of the Registrar of Copyrights. The matter was heard at New Delhi on 22.2.2010.
(2.) AS per the Appellant, it filed an application for registration of copyright as literary work on its work "Sampurna Suraksha Ki Guarantee". The Registrar finally through its letter dated 27.6.2008 stated that "the work submitted for registration is a short combination of phrase which does not qualify under the literary category, Under Section 13 of the Copyright Act, short words/phrases cannot claim originality. To get the protection of copyright a work must be an original.". Grounds for appeal taken are that - (a) the impugned order is baseless, misconceived and misconstrued view of facts and law on the part of the Respondent and contrary to the settled legal position; (b) there is no finding as to the work having been copied from some other work by the Respondent. In the absence of doubt as to the work having been copied from some other work the copyrightability of a literary work cannot be found fault with; (c) there is nothing in the conclusion of the learned Registrar to show as to the absence of originality of the work and the same is contrary to the decision of the Copyright Board in Enercon Systems Pvt. Ltd. v. Registrar of Copyrights,, 2008 (37) PTC 599 (CB); (d) the impugned order is wrong on the face of the decision of Hon'ble Division Bench of the Delhi High Court in Pepsi Co., Inc. and Ors. v. Hindustan Coca Cola Ltd. and Anr., : 2003 (27) PTC 305 (Del) (DB); (e) the learned Registrar failed to appreciate that it is well established law that slogans are entitled to protection as literary work under the Copyright Act, 1957; (f) the impugned order suffers from non application of mind on the part of the Respondent. Respondent authority is pursuing and applying wrong legal position; (g) impugned order is unjust, illegal and arbitrary. Learned Registrar is depriving the Appellant from its valuable statutory rights by passing baseless and misconceived order; (h) the impugned order establishes the act of refusing the registration of the literary work "Sampurna Suraksha Ki Guarantee" by the learned Registrar is either mala fide or the learned Registrar is ignorant of correct legal position.
(3.) RESPONDENT -Registrar has not filed any written statement. Learned Counsel for the Appellant drew our attention to his prayer under Section 151 of the Code of Civil Procedure requesting for condonation in filing the appeal under the circumstances explained in the application. Condonation was allowed. Learned Counsel proceeded to the merits of the appeal. He drew our attention to item 23 of the letter dated 5.5.2008 of the Registry in its response to the application of the Appellant in the prescribed form. Remarks against that column read - Slogans, short word combination, frazes (sic) etc. are not registrable under Copyright Act. Hence your application is recorded, no further communication shall be entertained (sic). He took us to his letter dated 9th June, 2008 placed at p 22 of the appeal papers which stated that on earlier occasions Registrar of Copyright has registered short phrases as literary work and enclosed the copy of Registration No. L -18440/99 dated 21.7.1999 in this regard. He took us to letter dated 27th June, 2008 of the Deputy Registrar of Copyrights stating - As regards to the earlier registration of which a copy of ROC enclosed with letter, it might have been done inadvertently, which cannot be considered as a precedent. However, if you desire, we may put up the case before the Copyright Board to expunge (sic) the entries made in the ROC No. L -18440/99 by the Copyright Registration Office inadvertently. You have given us a opportunity to rectify the mistake done unknowgly (sic). Learned Counsel took us further to the copy of judgment in Enercon Systems Pvt. Ltd. v. Registrar of Copyrights,, 2008 (37) PTC 599 (CB) placed at p 25 of his of appeal papers wherein this Board earlier on an appeal against the decision of the Registrar had allowed registration of an advertisement slogan as literary work.;