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15 views

Module 5

Uploaded by

basusambit31
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Remedies available in Copyright Infringement

5.1 Civil Remedies

The Copyright Act, 1957 provides civil remedies for copyright


infringement in India. These remedies are aimed at compensating
the copyright holder for the damages suffered and preventing
further infringement. The civil remedies include:

1. Injunction: The copyright holder can seek a permanent or


temporary injunction from the court to restrain the infringer
from further infringement of the copyrighted work.

2. Damages: The copyright holder can claim damages from the


infringer as compensation for the losses suffered due to the
infringement. The damages can be calculated based on the
actual loss suffered or the profits earned by the infringer from
the infringement.

3. Account of Profits: In addition to damages, the copyright


holder can seek an account of profits earned by the infringer
due to the infringement. The court may order the infringer to
disclose the profits made from the infringing activity.

4. Delivery of Infringing Copies: The court may order the infringer


to deliver up or destroy all infringing copies of the copyrighted
work in their possession or control.

5. Conversion of Ownership: In certain cases, the court may


order the conversion of ownership of the infringing copies to
the copyright holder, subject to the payment of reasonable
compensation to the infringer.

6. Costs and Expenses: The court may award costs and


expenses incurred by the copyright holder in pursuing the
legal proceedings against the infringer.

7. Anton Piller Order: In exceptional circumstances, the court


may grant an Anton Piller order, which allows the copyright
holder or their representatives to enter the infringer's
premises and seize infringing materials and evidence.

5.2 Criminal Remedies


Copyright infringement can also attract criminal penalties in India.
The Copyright Act, 1957 provides for criminal remedies in cases of
willful infringement. The criminal remedies include:

1. Imprisonment: Willful infringement of copyright can lead to


imprisonment for a term ranging from six months to three
years, depending on the nature and extent of the infringement.

2. Fine: In addition to imprisonment, the court may impose a fine


ranging from ₹50,000 to ₹2,00,000 on the infringer.

3. Enhanced Penalties for Second and Subsequent Offenses: For


second and subsequent offenses of copyright infringement, the
penalties are more severe, with imprisonment ranging from
one to three years and a fine ranging from ₹1,00,000 to
₹2,00,000.

4. Cognizance of Offense: The offense of copyright infringement


is cognizable, meaning that the police can initiate an
investigation and make arrests without a court order.

It's important to note that criminal proceedings can only be initiated


by the copyright owner or their authorized representative, and the
burden of proof lies on the complainant.

5.3 Administrative Remedies

In addition to civil and criminal remedies, the Copyright Act, 1957


also provides for administrative remedies to address copyright
infringement. These remedies are aimed at preventing the
importation and exportation of infringing goods and can be
implemented by the customs authorities. The administrative
remedies include:

1. Seizure of Infringing Goods: The customs authorities have the


power to seize infringing goods that are imported or intended
for export, upon receiving a notice from the copyright holder or
their authorized representative.

2. Prohibition of Import/Export: The customs authorities can


prohibit the import or export of infringing goods, subject to the
provisions of the Copyright Act and relevant customs
regulations.
3. Disposal of Infringing Goods: The seized infringing goods may
be disposed of or destroyed, subject to the provisions of the
Copyright Act and relevant customs regulations.

4. Notice and Opportunity for Representation: Before taking any


action, the customs authorities are required to provide notice
to the importer or exporter and give them an opportunity to
present their case and defend against the allegations of
infringement.

The administrative remedies are particularly useful in preventing


the unauthorized cross-border movement of infringing goods and
protecting the rights of copyright holders in international trade.

It's important to note that the available remedies for copyright


infringement may vary depending on the specific circumstances of
the case and the jurisdiction in which the infringement occurred.
Copyright holders and legal professionals should carefully evaluate
the applicable laws and regulations to determine the most
appropriate course of action.

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