Claim For Infringement Of Copyright Against A Particular Person Is Arbitrable: Orissa High Court
The Orissa High Court noted that infringement of copyright against a particular person is arbitrable and allowed an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996.
A Bench of Chief Justice Chakradhari Sharan Singh examined the arguments and referred to the Supreme Court's decision in Vidya Drolia (supra). In this case, the Supreme Court had clarified “a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem. Arbitration by necessary implication excludes actions in rem.” However, the Vidya Drolia case did not explicitly state that copyright infringement disputes are non-arbitrable.
Advocate Bibhu Prasad Mohanty appeared for the Petitioner and Advocate Avijit Pal appeared for the Respondent.
Upon reviewing the submissions, the High Court concluded that the respondents' opposition was misplaced. The Court emphasized that the Vidya Drolia judgment did not bar the arbitrability of copyright infringement disputes. It further observed that the judgment only addressed the broader issue of actions in rem, noting that it did not categorically state that copyright infringement could never be arbitrated.
The Court held that disputes related to copyright infringement were indeed arbitrable and that the petitioner was entitled to have an arbitrator appointed to resolve the issue.
As a result, the Court allowed the petition and proceeded with the appointment of an arbitrator to resolve the dispute between the parties.
Cause Title: Binaya Kumar Naik v. Sanjay Kumar Naik & Anr.
Appearance:
Petitioner: Advocate Bibhu Prasad Mohanty
Respondent: Advocates Avijit Pal, Sumit Mohanty
