The Delhi High Court recently ruled that a party cannot be permitted to go back on an assignment agreement signed by it, that included an arbitration clause, vis-à-vis assigning rights in his literary works alleging that the terms of such an agreement were harsh to the party.
The Court ordered, “…when the appellant himself had signed the agreements in question having the arbitration clause in which the appellant had agreed to the terms therefore, in such a scenario, he cannot be permitted to say that the arbitration clause is of no consequence in respect of the grievance towards any clause of the agreement including its harshness, if any.”
The assignor sought revocation of the assignment agreement and approached the Copyright Board for the same even though assignment agreement had an arbitration clause. The Copyright Board dismissed the petition.
The Court also made clear that the Copyright Board is a quasi-judicial forum with limited jurisdiction. Jurisdiction in relation to remedy for breach of moral rights does not lie with the Board, it said.