Relevance of The Draft:
No Objection Certificate (NOC) is a document created in matters related to property rights, intellectual rights, human rights and financial rights and other such areas of work, wherein a confirmation is taken from the concerned authorities declaring that they have no objection in the particular transaction/ point and it is in their knowledge and acknowledged.
Section 45 relates to artistic works that have the potential to double up as trademarks. It states that prior to registering any of such works under the Copyrights Act, one must obtain a “no-objection” certificate from the Trademarks registry. The section reads as under:
“Provided that in respect of an artistic work which is used or is capable of being used in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the Registrar of Trade-Marks referred to in section 4 of the Trade and Merchandise Marks Act,1958,to the effect that no trademark identical with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made under that Act for such registration by, any person other than the applicant.”