ANISH DAYAL, J. C.O.(COMM.IPD-CR) 699/2022 2 of 21

1. This petition has been filed under Section 50 of Copyright Act,1957 (hereinafter referred to as “the Act”) for cancellation/rectification of the work registered under No. A-120894/2017. The said petition was originally filed before the Intellectual Property Appellate Board (hereinafter referred to as “IPAB”) and consequent to the abolition of the IPAB in 2021, transferred to this Court. As per the impugned registration, the artistic work titled as ‘MYA’, with authorship claimed by Mr. Amit Gupta, M/s Gopal Traders, Devi Road, Manipuri, U.P.- 205001 and year of first publication as 2010, is (hereinafter referred to as the “impugned mark”).

Submissions on behalf of Petitioner

2. Petitioner essentially claimed that the impugned work was not the original work of respondent no.1 and had been copied from a prior registered/published art work in the name of Mr. Youssef Anis Mehio of Al Zarif, Rachid Nakhle Street, Mehio Building, Beirut, Lebanon and Mya International Sal Off Shore of Zarif-Rashid Nakhleh, Str-Mehio Bldg-Beirut (hereinafter referred to as “the third party”). Petitioner adverted to prior registrations in favou