Distinguish between the "assignment of a copyright" under the Copyright Act, 1957 and the "assignment of Geographical Indication" under the Geographical Indication Act, 2005. Can a registered Geographical Indication be a

Distinction between "Assignment of a Copyright" and "Assignment of Geographical Indication": Feature Assignment of Copyright (Copyright Act, 1957) Assignment of Geographical Indication (Geographical Indication Act, 2005) Legal Basis Section 18 of the Copyright Act, 1957. Section 24 of the Geographical Indication of Goods (Registration and Protection) Act, 1999. Permissibility Permitted. The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign the copyright. Prohibited. The Act explicitly prohibits assignment or transmission of a geographical indication. Scope of Assignment Can be assigned wholly or partially, generally or subject to limitations, and for the whole term of copyright or any part thereof. Cannot be assigned, transmitted, licensed, pledged, mortgaged, or subjected to any other similar agreement. Nature of Right A private right of the creator/owner that can be transferred. A public property belonging to the producers of the concerned goods, intended for collective benefit. Future Works Assignment of copyright in any future work takes effect only when the work comes into existence. Not applicable, as assignment is prohibited. Devolution on Death The rights of the assignee are governed by the terms of assignment. When an authorised user dies, his right devolves on his successor in title under the law for the time being in force, but this is not an 'assignment' in the commercial sense. Can a registered Geographical Indication be assigned/transmitted? No, a registered Geographical Indication (GI) cannot be assigned or transmitted. Section 24 of the Geographical Indication of Goods (Registration and Protection) Act, 1999, expressly prohibits this. A geographical indication is considered a public property belonging to the producers of the concerned goods and is not meant to be the subject matter of assignment, transmission, licensing, pledge, mortgage, or any such agreement.