TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether the Copyright Board has power under Section 31 of the Copyright Act, 1957, to grant an interim compulsory licence pending disposal of a complaint for compulsory licence.
Analysis: Section 31 contemplates a final determination after notice and inquiry, followed by a direction to grant a licence if the grounds for refusal are found unreasonable. The statutory scheme contains no express provision authorising an interim compulsory licence. Although tribunals may, in appropriate cases, have ancillary or implied powers to preserve status quo, such powers cannot be used to grant at the interim stage the very final relief that the statute itself authorises only after adjudication. Grant of an interim compulsory licence would alter the existing position and effectively confer the ultimate relief before the complaint is decided. The Board, being a creature of statute, cannot assume a substantive power not conferred by the Act. The concurring opinion agreed that no implied power could be read in, because the statutory purpose did not justify an ad hoc compulsory licence during pendency of the proceeding.
Conclusion: The Copyright Board has no power to grant an interim compulsory licence under Section 31 of the Copyright Act, 1957. The issue is answered against the respondent and in favour of the appellant.
TaxTMI 
TaxTMI 
