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

A

Licence shall be granted to only one complaint

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B

Licence may be granted to two complaints

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C

Licence may be granted to three complaints

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D

Licence must be granted to all the four complaints

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Solution

The correct option is C Licence shall be granted to only one complaint
Copyright Board is a quasi judicial body. It was established in 1958. The compulsory license is granted by Copyright board under section 31(1). This compulsory license shall be granted to only one person who would best serve the interest of general public. Hence in the given condition, although the four persons had made a complaint for the grant of compulsory license, but the license shall be granted to only one complaint who seems to best serve the public interest.

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Q. DIRECTIONS (71-80): This section consists of fifty(50)questions. Each 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 for the purposes of this section In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the "most reasonable conclusion" arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
Principle: Where two or more persons have made a complaint for the grant of 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 for the grant of compulsory licence to the Copyright Board.

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One way for a right holder to commercially exploit his or her intellectual property rights includes issuing a licence to someone else to use the rights. Recognizing the possibility that right holders might include anti-competitive conditions, the TRIPS Agreement says that under certain conditions, governments have the right to take action to prevent anti-competitive licensing practices. It also says governments must be prepared to consult each other on controlling anti-competitive licensing practices.

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