Copyright Objection
An objection may be raised by the Registrar an objection concerning the application if in
case the following reasons are found in the submitted application:
a) The copyright is to be obtained by the applicant is similar or duplicate to the already existing work
b) If there are similarities in the application.
How to reply to a Copyright objection?
Step 1: At first it is necessary to analyze the received objection and understand why is the application objected. Understand the relevant section of the act.
Step 2: The applicant is then required to draft a reply to the copyright objection that is received. The reply should be drafted carefully and has to include the relevant judgments and the rule that supports the law and the reasons why copyright is needed.
Step 3: The reply to the objection is to be filed with the registrar within 30 days of issuing the discrepancy letter.
Step 4: If the registrar of the copyright finds the reply valid then the objection will be removed and the copyright gets registration. A Certificate of Copyright registration is issued to the author of the original work.
Documents required to file the copyright objection
Here is the list of documents required for filing the copyright objection:
- Discrepancy letter issued by the Registrar
- Supporting documents of reply
- Copy of application of registration
- The affidavit, if required.
Copyright Registration Procedure in India
Procedure of Copyright Registration in India is as follows:
- An application is to be made to the Registrar of Copyright in the prescribed Form.
- Separate applications should be made for registration of separate work.
- Pay required fee as per Copyright Rules.
- The applications should be signed by the applicant or the Power of Attorney holder of applicant. Power of Attorney should also be filed.
Consequences of not filing copyright objection
If the applicant is not filing the copyright objection within the specified period then the registrar has to cancel the application and the application will be rejected. To avoid such circumstances or action it will be better if the copyright objection is filed.
Copyright allows the creator or the author’s original work to register the work by the rules and the procedure under the Copyright Act,1957 to protect the work from being used or even infringed by others with or without his or their permission. To know more about copyright registration in India you can talk to our experts today or log into www.ipfilings.in