Samir Kasal, a novel personality in the field of sports entertainment conceptualized the format and novel features of an International Cricket League wherein famous retired cricketers would compete against each other ami
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2024
Samir Kasal, a novel personality in the field of sports entertainment conceptualized the format and novel features of an International Cricket League wherein famous retired cricketers would compete against each other amidst a test cricket format divided over 2 innings of 10 overs each that which would be intended to roll out in non-cricket playing countries to bolster the interest and spirit of the sport within the same. It was claimed by the him that he alongside Prashant Mehta had started working on the project, who also successfully roped in Vivek Khushalani to join as an investor and in light of the same, the allied format, conceptual clarity and other information about the project had been shared to Vivek collectively in discretion and due confidentiality underlying the project titled "Legends Premiere League." However, after getting notified from media coverage Samir came to know that Prashant and Vivek were intending to organize a league titled "Legends League Cricket" rather than "Legends Premiere League" which had been previously agreed between them, Samir (herein after plaintiff) filed a petition seeking interim relief claiming that there was an undue copyright infringement of the concept that was primarily developed by him and a clear breach of confidentiality on which the Prashant and Vivek (herein after Defendants) misappropriated his original concept in light of the same. Defendants submitted that the "format" which the Plaintiff claimed to have been introduced by him had been first introduced in the public domain in 1997, holding that the Plaintiff's idea which he desired exclusively and claimed for copyright infringement itself lacked originality. Further, the Defendants asserted that their Tournament's format was different from that of the Plaintiff's pertaining to the novel features that included the number of teams, overs, venues, franchises, innings and league names per say; thus vehemently denying any such claims of undue copyright infringement. Explain nature of copyright protection in designs.
Answer & Explanation:
Copyright Protection in Designs Section 11 of the Designs Act 2000 provides that after registration the registered proprietor has copyright in the design. Copyright for the purpose of this act means the exclusive right to apply a design to any article in any class in which the design is registered. Duration of copyright in design- Once a design is registered the inventor of such design enjoys the copyright over it for a period of ten years subject to the provisions of the act. After the expiry of the ten years copyright over the design can be further increased for five years if before the expiration of the term of ten years application for the extension of the period of copyright is made to the Controller along with the prescribed fees.
Topics: Design Law
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