Please use this identifier to cite or link to this item: http://nopr.niscpr.res.in/handle/123456789/58372
Title: Theoretical Underpinnings of Copyright and Design Laws: Decisions of the Supreme Court of India
Authors: Raza, Aqa
Keywords: Labour Theory;The Copyright Act;Utilitarian Theory;1957;Utilitarian Theory;Theoretical Underpinning;Social Planning Theory;Supreme Court of India;Copyright;Design;Intellectual Property;Labour Theory;IP Statutes
Issue Date: Jul-2021
Publisher: NIScPR-CSIR, India
Abstract: This Paper seeks to examine the theoretical underpinnings, as discovered or constructed by the Supreme Court of Indiain the last 70 years, as to „why‟ of two distinct copyrights envisaged by The Copyright Act, 1957 and The Designs Act, 2000. An analysis ofdecisions of the Supreme Court reveals that: (i) in none of the cases validity of either of two copyrights was challenged; (ii) both Labour and Utilitarian Theories, and not any other theory, have been simultaneously used to justify „why‟ of two distinct copyrights; (iii) inherent differences between these theoretical frameworks have been neglected; (iv)deployment of these two theories appear to be more mechanical than reasoned for logic of tangible subject matter hasbeen unhesitatingly extended to intangible subject matter of two copyrights; and (v) judicial ratiocination does not transcendLabour-Utilitarian Framework except in one judicial opinion which highlights the Un-Indian features of Copyright Law butexercises judicial restraints to invoke it. It has been argued once thatthese theories were invoked, it had been expected thatthe Court would apply judicial standards to rigorously scrutinize theoretical underpinning of two copyrights from allpossible angles. Decisions of the Supreme Court nonetheless provide an insight into theoretical underpinnings of twocopyrights.
Page(s): 220-234
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.26(4) [July 2021]

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