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ARTICLE · 28 APRIL 2009

Radio Today Broadcasting Entitled To A “Quia Timet” Relief Against IPRS

Radio Today Broadcasting Ltd. (hereinafter referred to as ‘RTB’) had instituted a suit against the Indian Performing Rights Society Ltd. (hereinafter referred to as ‘IPRS’), vide “Radio Today Broadcasting Ltd. v. Indian Performing Rights Society Ltd & Ors.” (A.P.O. NO. 109 of 2006 in C.S. No. 90 of 2006) in order to seek a declaration to the effect that IPRS and/or its members had no right to issue licences or claim payment of licence fees in relation to the broadcasting of works embodied in sou

IndiaIntellectual Property

Radio Today Broadcasting Ltd. (hereinafter referred to as 'RTB') had instituted a suit against the Indian Performing Rights Society Ltd. (hereinafter referred to as 'IPRS'), vide Radio Today Broadcasting Ltd. v. Indian Performing Rights Society Ltd & Ors. (A.P.O. NO. 109 of 2006 in C.S. No. 90 of 2006) in order to seek a declaration to the effect that IPRS and/or its members had no right to issue licences or claim payment of licence fees in relation to the broadcasting of works embodied in sound recordings administered by Phonographic Performers Ltd. (PPL) and other music companies.

RTB averred in its plaint was that it had incurred a substantial expenditure of around Rs. 30.5 crores towards setting up of radio stations in seven cities, including Kolkata and broadcast was to commence when the present suit was instituted.

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