Page:Indian Copyright Act (1st Amendment) 1983.djvu/10

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228
Copyright (Amendment)
[act 23 of 1983]
ment to that effect and shall be accompanied by a certificate from the Registrar of Trade Marks referred to in section 4 of the Trade and Merchandise Marks Act, 195843 of 1953., to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.”.

Insertion of new section 50A. 17. In Chapter X of the principal Act, after section 50, the following section shall be inserted, namely:—

Entries in the Register of Copyrights, etc., to be published.“50A. Every entry made in the Register of Copyrights or the particulars of any work entered under section 45, the correction of every entry made in such register under section 49, and every rectification ordered under section 50, shall be published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deem fit.”.

Amendment of section 52. 18. In sub-section (1) of section 52 of the principal Act, in clause (b), the following Explanation shall be inserted at the end, namely:—

Explanation.—The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause.”.

Amendment of section 53. 19. In sub-section (3) of section 53 of the principal Act, for the words and figures “under section 19 of the Sea Customs Act, 18788 of 1878.”, the words and figures “under section 11 of the Customs Act, 196251 of 1962.” shall be substituted.

Amendment of section 59. 20. In section 59 of the principal Act, in sub-section (1), for the words and figures “the Specific Relief Act, 18771 of 1877.”, the words and figures “the Specific Relief Act, 196347 of 1963.” shall be substituted.

Amendment of section 60. 21. In section 60 of the principal Act, for the words and figures “in section 42 of the Specific Relief Act, 18771 of 1877.”, the words and figures “in section 34 of the Specific Relief Act, 196347 of 1963.” shall be substituted.

Amendment of section 70. 22. In section 70 of the principal Act, for the words “a presidency magistrate or a magistrate of the first class”, the words “a Metropolitan Magistrate or a Judicial Magistrate of the first class” shall be substituted.

Amendment of section 78. 23. In section 78 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:

“(3) Every rule, made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”.