Supreme Court Lifts Stay in Radio Compulsory Licensing Dispute


We had blogged earlier on the stay issued by the Supreme Court in the long and tortuous radio station compulsory licensing dispute that has been languishing in courts and tribunals for more than a decade now.

We reported then that the SC had effectively ordered a stay on the operation of the copyright board order that stipulated that radio stations could play music (over which PPL had collecting rights) by paying a 2% royalty on their advertising revenues.

Today, the court lifted the stay, remanded the matter to the Madras High Court and ordered the Court to dispose of the matter within 2 months. By way of background, PPL had appealed the copyright board order to the Madras High Court, which refused to stay the copyright board order. It was against this refusal that PPL appealed to the Supreme Court, which initially granted the stay, but has now reversed its decision and remanded the matter.

Shamnad Basheer

Shamnad Basheer

Prof (Dr) Shamnad Basheer founded SpicyIP in 2005. He is currently the Honorary Research Chair of IP Law at Nirma University and a visiting professor of law at the National Law School (NLS), Bangalore. He is also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof Amartya Sen. Professional History: After graduating from the NLS, Bangalore Professor Basheer joinedAnand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Prof Basheer has published widely and his articles have won awards, including those instituted by ATRIP and the Stanford Technology Law Review. He is consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also serves on several government committees.

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