Author: Varnika Singh*
The Copyright Board under the Copyright Act, 1957 [hereinafter referred as ‘Act’] does not have power to grant an ad hoc compulsory license by way of interim order. On 3rd May 2012 the Full Bench of Supreme Court of India headed by Hon’ble Justice Mr. Altamas Kabir, Hon’ble Justice Mr. Surinder Singh Nijjar and Hon’ble Justice Mr. J. Chelameswar in the case of Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd [1] reached to the aforesaid finding. The substantial question of law in the present appeal was that
“whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an interim order in the pending complaint”.
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