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of <h1>Supreme Court: Transit Rights Include Goods, India Can Protect IP</h1> <h3>GRAMOPHONE CO. OF INDIA Versus BIRENDRA BAHADUR PANDEY</h3> The Supreme Court held that Nepal's right of passage across India includes transit of goods, allowing India to impose restrictions to protect intellectual ... - Issues Involved:1. Extent of Nepal's Right of Passage Across India2. Definition and Scope of 'Import' u/s 53 of the Copyright Act3. Application of International Law and Treaties4. Role and Powers of the Registrar of CopyrightsSummary:1. Extent of Nepal's Right of Passage Across India:The court examined whether Nepal's right of passage across India includes the transit of goods that are prohibited from being imported into India. The judgment emphasized that while international conventions and treaties provide for the transit of goods between land-locked states and the sea, they also allow for exceptions, particularly concerning the protection of intellectual property. The treaties between India and Nepal, such as the Treaty of Trade and the Treaty of Transit, contain provisions that permit India to impose restrictions to safeguard industrial, literary, or artistic property.2. Definition and Scope of 'Import' u/s 53 of the Copyright Act:The court clarified that the term 'import' in Sec. 53 of the Copyright Act means 'bringing into India from outside India' and is not limited to importation for commerce but includes importation for transit across the country. The court rejected the narrow interpretation that goods merely passing through India en route to Nepal do not constitute 'import.' The judgment stressed that the word 'import' should be interpreted in a manner consistent with international conventions and treaties, which prioritize the protection of copyright.3. Application of International Law and Treaties:The court discussed the incorporation and transformation doctrines in international law, concluding that international law can be part of municipal law unless it conflicts with national legislation. The judgment highlighted that international conventions, like the 1965 Convention on Transit Trade of Land-Locked States and the Berne Convention for the Protection of Literary and Artistic Works, support the protection of intellectual property. The treaties between India and Nepal also reflect this concern, allowing for restrictions to prevent copyright infringement.4. Role and Powers of the Registrar of Copyrights:The court outlined the quasi-judicial nature of the Registrar of Copyrights' role u/s 53 of the Copyright Act. The Registrar must conduct an inquiry and consider various factors before making an order to prohibit the import of infringing copies. The judgment emphasized that an order under Sec. 53 is not automatic upon application but requires a thorough examination of the circumstances, including the ownership of the copyright and the nature of the infringement.Conclusion:The Supreme Court set aside the judgment of the Division Bench of the Calcutta High Court and restored the order of the learned single judge. The court held that the term 'import' in Sec. 53 of the Copyright Act includes transit across India and is consistent with international conventions and treaties aimed at protecting intellectual property. The Registrar of Copyrights has the authority to prohibit the import of infringing copies after a quasi-judicial inquiry. The appeal was allowed without any order as to costs.
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