Copyright

A not-so-merry Christmas?


Where is our Christmas gift?

Where is our Christmas gift?

I feel saddened this Christmas day as I read this post that I wrote a year ago. I sound so hopeful, so naive in my belief that the DU Photocopy case would be resolved in early 2015, that the judgment would be out by then.

{For readers who have joined us since then, the post was on the DU Photocopy case, one of the landmark cases on copyright law in recent times. The case dealt with the question of whether educational course packs would fall within the fair dealing exception of copyright law and has great implications for access to education. An injunction was granted in 2012 while arguments on the case were still ongoing. In late 2014, the arguments in the case concluded and we were awaiting a decision from the Delhi High Court in early 2015. Also please do listen to this excellent jingle that was written for this case!}

But was my belief really that unwarranted? Lets turn to  Order XX of the Civil Procedure Code, 1908. Rule 1 of Order XX clearly stipulates time limits for pronouncing judgments. The first time limits is fifteen days from the date on which the hearing of the case is concluded and if this is not practicable, then thirty days from that same date. Moreover, if the judgment is not pronounced within thirty days, then the Court is required to record reasons for such delay and fix a future date on which the judgment will be pronounced. In this case, Justice Endlaw’s Court has not pronouced judgment, even though a year has passed since the hearing was concluded. No reasons has been recorded for the delay and no future date has been fixed.

We really do hope that the Delhi High Court does not keep stalling on this matter and that a judgment on this matter comes out asap. This is the season for hope and maybe 2016 is the year we have been waiting for. Merry Christmas, everyone!

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L. Gopika Murthy

Gopika is a fourth year student at National Law School of India University, Bangalore. She was formerly the Chief Editor of the Indian Journal of Law and Technology. Her first exposure to Intellectual property law and SpicyIP was through the University Moot Rounds at NLSIU, Bangalore in her first year. She has been regularly following the developments in the field of IPR since then and she hopes to contribute to the reporting of such developments. Her areas of interest in IP include copyrights, open access, fair dealing and trademarks.

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