COMPULSORY LICENCES IN INDIA:
India, being a developing country and party to the Berne Convention, has incorporated provisions in the Copyright Act for the grant of compulsory licenses pursuant to the special provisions laid down in Berne Convention for the developing countries. The Act provides for the grant of compulsory licences in Indian work in public interest in some limited circumstances. The Indian Copyright Act has its scales inclined in favour of access to knowledge and wider diffusion of Indian works. Though, it seeks to protect the rights of the authors in the best possible manner, nevertheless, it has elaborate statutory provisions to encourage public access to works through the system of compulsory licencing. The system…show more content… Licence is a personal right and creates no more personal obligation between a licensor and licensee. The licence is general revocable at the Will of the grantor. There are different kinds of licences. A licence may be exclusive or non-exclusive; exclusive licence means a licence which confers on licensor or licensee or persons authorized by him to the exclusion of all other persons (including the owner of the copyright) any right comprised in the copyright in a work. In the case of non-exclusive licence, the owner of copyright retains the right to grant licences to more than one person or to exercise it himself. Licence is a personal right and licensee may not always be entitled to make alterations to the terms. These are broad guidelines.”
Licence is granted to produce and publish a translation of a literary or dramatic work in any language after a period of seven years (three years if the translation is a non-Indian work) for the purpose of teaching, scholarship or research and one year if such a translation is in a language not in any general use in any developed country from the first publication of the work, under certain conditions. The royalty paid at the rate prescribed by the Board, is required to be kept in the public account of India or such other account which may be claimed by the Copyright owner or his legal heirs, executors or legal representatives at any time.
The Copyright Act, 1957 of India has successfully incorporated provisions for