Section 19A Copyright Act 1957 deals with the COPYRIGHT BOARD's powers to settle DISPUTES ARISING FROM ASSIGNMENT. The Board can:
Aonly refuse to hear any dispute relating to a copyright assignment under Section 19A (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A)
Bpass such order as it may deem fit including revocation of assignment if assignee has failed to make sufficient exercise of rights / has been excessive in his rights enforcement / the assigned rights are not being exercised for benefit of the author / royalty rate is not just
Conly impose monetary damages of any amount upon the parties to the dispute (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A)
Donly direct Central Government to acquire the copyright under any provision (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A) (cf. Copyright Act 1957, Section 19A)
Answer & Solution
Correct answer: B. pass such order as it may deem fit including revocation of assignment if assignee has failed to make sufficient exercise of rights / has been excessive in his rights enforcement / the assigned rights are not being exercised for benefit of the author / royalty rate is not just
1. Section 19A(1) Copyright Act 1957: if an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then, the Appellate Board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, REVOKE such assignment.
2. Section 19A(2): if any dispute arises with respect to the assignment of any copyright the Appellate Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable.
3. Section 19A(3): no order revoking assignment shall be made within a period of 5 years from the date of the assignment.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 19A_
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