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ARTICLE · 02 DECEMBER 2019

Architect's Moral Rights In India

Khurana & Khurana, Advocates and IP Attorneys
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Whether an architect has the right to restrain demolition of his own artistic work i.e. buildings and other forms of construction by the owner of the land it is built on has been recently answered by

IndiaIntellectual Property
Khurana And Khurana
Khurana And Khurana
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Introduction

Whether an architect has the right to restrain demolition of his own artistic work i.e. buildings and other forms of construction by the owner of the land it is built on has been recently answered by the Delhi High Court in negative in the case Raj Rewal v. Union of India & Ors. It concerned demolition of Hall of Nation in Pragati Maidan, New Delhi, which the plaintiff has sought to protect under Section 57 of the Indian Copyrights Act. The case will haveimportant reverberations in development of future jurisprudence surrounding moral rights in India

Moral rights in India

Concept of moral rights originates from the Droit D' Auteur, a French Concept which states that the creator of the work has a special relationship with the art they have created as it has been created by their own skills and is infused with their own beliefs, and hence the artist has a certain reputation attached to that work and has certain rights arising out of this

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