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ARTICLE · 27 NOVEMBER 2008

FII Succeeds At Getting Copyright Expunged

Dealing with an application under S. 50 of the Copyright Act, 1957, expunging an entry from the register, the appeal in "F.I.I. through Secretary General v. G Kesavalu Naidu" [2009 (37) PTC 603]questioned the Copyright registration obtained in steel tubes as artistic works of drawings.

IndiaIntellectual Property

Dealing with an application under S. 50 of the Copyright Act, 1957, expunging an entry from the register, the appeal in F.I.I. through Secretary General v. G Kesavalu Naidu [2009 (37) PTC 603]questioned the Copyright registration obtained in steel tubes as artistic works of drawings. F.I.I, a registered society dealing with the interests of its member industries, challenged the two works copyrighted by Naidu. Naidu had not obtained patents on the two designs which varied in diameter, but had duplicated existent designs without any scientific or artistic discovery or invention. It was averred that Naidu was engaged in threatening manufacturers and dealers by misusing the copyright granted by the Registrar. This was substantiated vide F.I.I' submission of a copy of the petition filed by Naidu at the Munsif-cum-Magistrate' Court, indicating that he had been claiming himself to be copyright owner of mild steel tubes of the specific dimensions and in the pursuance had

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