English

Principle: Where Two Or More Persons Have Made a Complaint About the Grant of a Compulsory Licence to the Copyright Board, the Licence Shall Be Granted to that Complainant Only Who, in the Opinion

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Question

DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.

Principle: Where two or more persons have made a complaint about the grant of a compulsory licence to the Copyright Board, the licence shall be granted to that complainant only who, in the opinion of the Copyright Board, would best serve the interests of the general public.

Facts: Four persons made a complaint about the grant of a compulsory licence to the Copyright Board.

Options

  • The licence shall be granted to only one complainant 

  • The licence may be granted to two complainants 

  • The licence may be granted to three complainants 

  • Licence must be granted to all the four complainants

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Solution

The licence shall be granted to only one complainant 

Explanation:

The hearing will be granted to only one complainant, who in the eyes of the copyright board would best serve the interests of the general public as per the guiding principle enumerated above.

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