(3)In this section, the expression "assignee" as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.(i)A mere agreement to assign does not operate to pass the property right but gives equitable rights, i.e., it operates as an equitable assignment of copyright as and when the work comes into existence; Reoti Saran Sharma v. Numero Uno International, 1995 PTR 132.(ii)Where there is substantial similarity and the other party has no evidence to rebute the same in his favour, then there is infringement of copyright; Godrej Soaps (P) Ltd. v. Dora Cosmetics Co., 2001 PTC 407 (Del).
