Non Copyright ability of generic concept Note
Background:
The Petitioner filed cancellation petition seeking cancellation of concept note under the title Virtual Expo. The Hon'ble High Court of Delhi rectified the impugned copyright.
The Rectification:
The Hon'ble High Court of Delhi reviewed the copyright registration and found that it lacked the essential elements to qualify as a protectable concept note. The court determined that the contents of the registration were merely a generic description of the advantages and benefits of conducting a Virtual Expo, rather than a specific concept or idea.
Generic Description:
The content of the copyright registration did not articulate a specific concept related to conducting a Virtual Expo. Instead, it outlined the general benefits without providing any unique or innovative approach.
Lack of Specificity:
The registration did not offer any detailed or specific instructions on how to conduct a Virtual Expo. It merely listed the advantages without delving into the principles, ideas, or step-by-step procedures involved.
Absence of Exclusive Rights:
The court concluded that the generic description provided in the copyright registration did not grant the registered proprietor any exclusive rights over the idea or concept of conducting a Virtual Expo. Copyright protection typically extends to original expressions of ideas, not to generic or commonplace descriptions.
Concluding Note:
The court rectified the copyright registration, recognizing that it did not meet the criteria for protection as a concept note. This decision underscores the importance of originality and specificity in copyright protection, particularly in cases involving abstract concepts or ideas.
Disclaimer:
This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.
Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Ph No: 9990389539
The Case Discussed:
Case Title: Informa Markets India Pvt. Ltd. Vs 4Pinfotech and another
Judgment/Order Date: 06.05.2024
Case No:Co Comm IPD CR 695 of 2024
Neutral Citation: 2024:DHC-3771
Name of Court: Delhi High Court
Name of Hon'ble Judge: Anish Dayal,H.J.
Disclaimer:
This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor - Patent and Trademark Attorney
Email: ajayamitabhsuman@gmail.com
Ph No: 9990389539
