Section 31 Copyright Act 1957 deals with COMPULSORY LICENCE in respect of works withheld from the public. Such licence may be granted by the:
Answer & Solution
Correct answer: B.
1. Section 31(1) Copyright Act 1957: at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint may be made to the Appellate Board (Commercial Court post-2021) that the owner of copyright has (a) refused to re-publish or allow the re-publication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; OR (b) refused to allow communication to the public by broadcast of such work or in the case of a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable.
2. The Tribunals Reforms Act 2021 abolished the Copyright Appellate Board (CAB / IPAB); jurisdiction now lies with the Commercial Court.
3. The Board/Court, after hearing the parties, may grant compulsory licence subject to terms it thinks fit.
4. Hence option C is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 31 (Compulsory licence in works withheld from public); Tribunals Reforms Act 2021_
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