At first glance, some may assume that the Explanation to Section 6 of the
Commercial Court Act 2015 and Section 62 of the Copyright Act 1957 are in
However, upon closer examination of their respective language and legislative
intent, it becomes apparent that they can coexist harmoniously. This article
seeks to elucidate the interplay between Explanation to Section 6 of the
Commercial Court Act 2015 and Section 62 of the Copyright Act 1957.
While there may be confusion regarding their applicability, this article argues
that these provisions are not in negation of each other. Rather, Section 62 of
the Copyright Act 1957 complements the Explanation to Section 6 of the
Commercial Court Act 2015 and provides an additional forum for invoking
territorial jurisdiction of a commercial court.
The article explores the legislative intent behind these provisions, analyzes
relevant case law, and highlights the significance of having two parallel
avenues to assert territorial jurisdiction in copyright-related commercial
disputes, in view of recent decision of Hon'ble High Court of Delhi in the case
discussed herein below:
The Revision Petition:
The Petition was filed by the Petitioner/Defendant against the Order of Ld.
Trial Court where by Application of the Petitioner under Order 7 Rule 10 CPC
seeking return of Suit on the ground of lacking Territorial Jurisdiction was
rejected. There by the Ld. Trial Court refused to return the Suit on the ground
of lacking Territorial Jurisdiction.
The Reasoning Of Ld.Trial Court Below:
The Ld. Trial Court held the Territorial Jurisdiction under Section 62 of the
Copyright Act 1957 on the premise of Plaintiff's averment made in Para No. 30 of
the Plaint regarding Plaintiff's activity.
The Contention Of Petitioner:
The Petitioner alleged that the Order of Ld. Trial Court was based on ULTRA HOME
Judgment, which according to the Petitioner, per incuriam as it is contrary to
Explanation to Section 6 of Commercial Court Act 2015.
Revision Petition was dismissed.
Ultra Home Construction clearly held that Section 62 of the Copyright Act 1957
provides additional forum for invoking Jurisdiction, in addition to Section 20
In view of the above, explanation to Section 6 of Commercial Court Act 2015 does
not limit the right of Plaintiff to invoke jurisdiction by virtue of Section 62
of Copyright Act 1957.
The Concluding Note:
Explanation to Section 6 of the Commercial Court Act 2015 and Section 62 of the
Copyright Act 1957 are not in negation to each other. The Commercial Court Act
2015 does not override the special provisions of the Copyright Act 1957.
Instead, Section 62 of the Copyright Act 1957 serves as an additional forum for
copyright owners to invoke territorial jurisdiction of a commercial court. This
dual approach ensures that copyright-related commercial disputes have the option
to be heard before specialized commercial courts while preserving copyright
holders' right to choose alternative forums.
Information contained herein is being shared in the public Interest. The same
should not be treated as substitute for legal advice as it is subject to my
subjectivity and may contain human errors in perception, interpretation and
presentation of the facts and law involved herein.
The Case Law Discussed:
Case Title:Yashoda Thakore Vs Kuchipudi Dance Centre
Date of Judgment: 12.07.2023
Case No: CM (M)-IPD 10 of 2023
Neutral Citation No: 2023:DHC:4787
Name of Hon'ble Court: Hon'ble High Court of Delhi
Name of Hon'ble Judge: C Hari Shankar, H.J.
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539