Merger Doctrine Applied In The Case Of Combining Various Gene Components

Copyright law protects the expression and not an idea. The idea-expression dichotomy under copyright law has another aspect when the dichotomy melts and idea is the expression and vice-versa. In other words, the idea and the expression of the idea become inseparable, as there is only one way to express or depict an idea. This is known as Merger doctrine under which no one may claim a copyright in that single manner of expression or depiction because that would evict everyone else from the right to express or depict that idea. The expression, if copyrightable, would necessarily give the author a monopoly on the expression of the underlying idea. In the instant case [Emergent Genetics India Pvt. Ltd vs. Shailendra Shivam & Ors I.A. Nos. 388/2004, 1267/2004&1268/2004 in CS (OS) 50/2004], the court elaborated on the Merger Doctrine.