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ARTICLE · 08 MARCH 2021

DHC On Idea-Expression Conundrum And Last Minute Filing

Khurana & Khurana, Advocates and IP Attorneys
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The concept of copyright is very clear concerning its applicability. The copyright provides the author a monopoly over his work.

IndiaIntellectual Property

The concept of copyright is very clear concerning its applicability. The copyright provides the author a monopoly over his work. The copyright act provides all sorts of rights with the author which can be used to commercially exploit the work. The rights include the right to reproduce, adapt, translate, perform, etc. It is highly important to understand that the copyright always subsists over the expression and not the idea. There are many cases in which Courts have reiterated a similar proposition. The difficult part over this is to understand what exactly constitutes the idea and expression. The expression is something over which the author has the right to exploit but due to its nature, it becomes the question to analyze regarding what constitutes expression and how it differs from an idea. The Delhi High court in the recent case of Vinay Vats vs. Fox Star Studios tries to delve into the same question of idea and expression, relying on similar precedents.

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