Copyrightability "Ipso Facto" If Devoid Of A Doubt As To Work Having Been Copied

The Copyright Board, the pertinent forum to answer appeals filed under the Copyright Act, 1957 as per Section 72(1) of the Act, was witness to proceedings against the order of the Registrar of Copyrights. The appeal initiated by Enercon Systems Pvt. Ltd. [Enercon Systems Pvt. Ltd. v. Registrar of Copyrights 2008 (37) PTC 599 (CB)], pleaded against the order of the Registrar whereby he refused to register the literary works of Enercon.

On account of a delay in filling the proceedings, which as per S. 72, were to be initiated within three months of the order, the Board in the absence of any stating to the effect in the Act stated that the general provisions governing Civil Procedure would apply and in the event of a lack of opposition to the condonement plea of Enercon, decided to allow the appeal.