The Copyright law has made it amply cleared that royalty is applicable on the exploitation and the responsibility is the on the last hand which exploits the copyrighted material. E.g.: A Film Producer makes a Film and sells it to Television channel, the television channel or broadcaster will be liable to pay royalty to the singer, lyricist or music composer and not the Producer of the Film. Real Time Scenario Experience – The above issue was also clarified to me during a meeting with noted lyricist Shri Javed Akhtar Ji and Copyright Registrar prior to the notification of the law in 2012.
The amendment to the Copyright law is effective from June, 2012 and in my view it is retroactive and not retrospective or applicable to earlier works of art under Copyright Act. Secondly, the right to receive royalty under the amended Copyright Act by a Singer, Lyricist and Music Composer is a statutory right, it cannot be waived and even if it is waived (as may be in some agreements of Production Houses or Music companies earlier), such waiver shall be null and void or void ab initio
Foreign MNCs may be obtaining dayone ex parte injunctions. The legal system in India is inclined to grant ex parte injunction on the first day of hearing in patents, which involve highly technical issue. If you compare it with countries like Russia, their legal system does not allow ex parte injunctions in patent matters.
Compulsory Licensing is not a new concept, it exists in western world too. Licensing in general should be appreciated; it gives leverage for exploitation of the patent to its fullest extent. If you see, Compulsory License, it has an has an obligation to give royalty to the patentee. It is not overriding one right (patent right). It should not be seen as taking away one right (patent right). Further it is not applicable to each and every patent or every pharmaceutical drug. Governments can also encourage generic companies by giving exclusivity for the first company approaching for Compulsory License, like we have exclusivity of 180 days in US for busting a patent
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