ORDER

% 08.01.2024

1. By way of the present appeal, the legal heirs of the Appellant, Mr. Amritpal Singh (since Deceased), assails order dated 12th May, 2014 passed by Registrar of Copyrights, whereby objections filed by the Appellant to Respondent No. 1’s application for registration of an artistic work titled “RAMAYAN (Label in both English & Hindi languages)” have been rejected [hereinafter, “impugned artwork”].1 Consequently, the artwork proceeded for registration.

2. Both the Appellant and Respondent No. 1 are engaged in the business of manufacture and sale of incense sticks (Agarbatis) and related goods. Appellant utilizes the label “BADHASH’S RAMAYAN” for their goods, while Respondent No. 1 uses the impugned artwork for their products. The 1 RoC No 53875/97/-CO-A dated 01st May, 1997. two conflicting labels are as follows:<br/>

Appellant’s artwork/ label Impugned artwork/ label

3. The Appellant opposes registration of the impugned artwork inter alia contending that Respondent No. 1 is not the original author of the said artwork, which was already in the public domain at the alleged date of its conception in 1981. Appellant also argues that the impugned artwork was adop