Parveen Khurana v. The Registrar Of Copyrights, Controller General Of Patents, Designs And Trademarks & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C)-IPD 46/2023 PARVEEN KHURANA .....Petitioner Through:

Mr.

Ankit Sahni, Advocate (M:9999898890) versus THE REGISTRAR OF COPYRIGHTS, CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS & ANR.

.....Respondents Through:

Ms. Nidhi Raman, CGSC with Mr.

Zubin Singh, Mr.

Akash Mishra, Advocates (M:9891088658) Mr. Pragyanand Shukla, from office of Registrar of Copyrights

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 10.02.2025 1.

The present writ petition has been filed for directing respondent no. 1 to remove/ alter the language of disclaimer included in the online copyright portal, when the petitioner proceeded with filing a purely artistic copyright application for works falling under Section 2(c) of the Copyright Act, 1957. 2.

Attention of this Court has been drawn to the Copyright certificate issued in favour of the plaintiff by the Copyright Office. The disclaimer mentioned in Para 17 on the copyright registration of the respondent no. 1, is as follows:

"(i) A copy of the work is annexed work.

(ii) The copyright in the artistic work shall not subsist if the work has been applied to an article through industrial The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2025 at 17:37:15

process & reproduced more than 50 Times."

3.

Ms. Nidhi Raman, learned CGSC appearing on behalf of respondents submits that the desired change in the online system has already been incorporated.

4.

She further submits that the disclaimer which is occurring in Para 17 of Document P-1 (Colly) to the present writ petition, has already been directed to be deleted.

5.

She submits that a fresh certificate shall be issued in favour of the petitioner, without the disclaimer.

6.

Mr. Pragyanand Shukla, appears through Video Conference ("VC") from the Copyright Office and submits that such disclaimers have got printed in the copyright certificate in view of glitch in the online portal. He submits that the said glitch has since been rectified. 7.

He further submits that in case in any other case the petitioner has been issued a certificate containing such disclaimer, the petitioner is at liberty to approach the Office of Copyright and requisite changes shall be made, accordingly.

8.

Considering the aforesaid statement, the respondents are directed to issue a fresh certificate to the petitioner without the disclaimer, as contained in Para 17 of the Document P-1 (Colly), filed before this Court. 9.

The present writ petition is disposed of, with the aforesaid directions. MINI PUSHKARNA, J FEBRUARY 10, 2025 au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/02/2025 at 17:37:15