Draft Copyright (Amendment) Rules, 2019


Draft Copyright (Amendment) Rules, 2019

Ministry of Commerce & Industry

Draft Copyright (Amendment) Rules, 2019

Posted On: 03 JUN 2019 3:09PM by PIB Delhi

In order to ensure smooth and flawless compliance of Copyright Act in the light of technological advancement in digital era and to bring them in parity with other relevant legislations, the Department for Promotion of Industry and Internal Trade, Government of India has now proposed to introduce the Copyright Amendment Rules, 2019.

The draft rules are available on?http://egazette.nic.in/WriteReadData/2019/204924.pdf? for seeking comments and suggestion from all persons likely to be affected thereby upto 29th?June 2019.

The copyright regime is governed by the Copyright Act, 1957 and the Copyright Rules,2013. The Copyright Rules,2013 were last amended in 2016 through the Copyright Amendment Rules, 2016.

Draft Rules
1. (1) These rules may be called the Copyright (Amendment) Rules, 2019;
2. In the Copyright Rules, 2013 (herein after referred to as the principal rules),-
(i) In clause (b) of sub-rule (1) of rule 2, for the words ?a Copyright Board as defined in sub-section (1) of ? shall be substituted by the words ?the Appellate as provided in?;
3. In the principal rules, in Chapter II, for the title words ?THE COPYRIGHT BOARD? shall be substituted by the words ?THE APPELLATE BOARD?.
4. In the principal rules, for the existing rule 3, the following rule shall be substituted, namely-

?3. Appellate Board ?
(1) The Chairman and other members of the Board shall be appointed as per the provisions of the Trade Marks Act, 1999;
Provided that the Technical Member of the Board for the purposes of the Act shall have the qualifications as specified in sub-rule (2).

(2) A person shall not be qualified for appointment as a Technical Member for the purposes of this Act unless he?
(a) is or has been a member of the Indian Legal Service and has held a post in Grade I of that Service for atleast three years; or
(b) has, for at least ten years, held a judicial office; or
(c) is or has been a Member of a Tribunal or Civil Service not below the rank of a Joint Secretary to Government of India or equivalent with three years? experience in the field of Copyright; or
(d) has, for atleast ten years, been an advocate of a proven specialized experience in Copyright Law. Provided that atleast one member out of the two shall have the qualification as prescribed under clause (a), (b) or (d).?

5. (i)In the principal rules, in sub-rule (1) of rule 7, before the words ?by registered post?, the words ?through electronic means or? shall be inserted;
(ii) In the principal rules, in sub-rule (5) of rule 7, for the words ?notified in the Official Gazette and?, the word ?published? shall be substituted.
6. (i) In the principal rules, in sub-rule (4) of rule 11, for the words ?Register of Copyright?, the words ?Registrar of Copyrights? shall be substituted;
(ii) In the principal rules, in sub-rule (6) of rule 11, for the words ?notified in the Official Gazette and?, the word ?published? shall be substituted;
7. In the principal rules, in rule 16, for the words ?if decides to make a request?, the words ?as required? shall be substituted;

 

Click here to read the full Draft Amendment Rules Notifications

 

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