Copyright, IP

Remedies for Copyright Infringement in India

Copyright is an asset celebrated by Copyright Certificate holders, this intellectual property protection right protects original work of authorship including software, books, articles, photographs and other creative works. As the copyright is a legal evidence and public notice of ownership, if this intellectual property is infringed, the remedies for copyright infringement will be covered briefly in this blog.

Note: without any agreement, no one can use any such property.

 

Civil Remedies for Copyright Infringement:

 

The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act of 1957. The different civil remedies available are:

 

1)    Interlocutory Injunctions

 

The most important remedy is the grant of an interlocutory injunction.  In most case, the application filled is for interlocutory relief and the matter rarely goes beyond the interlocutory stage. There are three requirements for there to be a grant of interlocutory injunction – Firstly, a prima facie case. Secondly, there needs to be a balance of convenience. Finally, there needs to be an irreparable injury.

 

2)    Pecuniary Remedies

 

Copyright owners can also seek three pecuniary remedies under Section 55 and 58 of the Copyright Act of 1957. First, an account of profits which lets the owner seek the sum of money made equal to the profit made through unlawful conduct. Second, compensatory damages which let the copyright owner seek the damages he suffered due to the infringement. Third, conversion damages which are assessed according to the value of the article.

 

3)    Anton Pillar Orders

 

The Anton pillar order gets its name from the holding in Anton Pillar AG V. Manufacturing Processes. The following elements are present in an Anton Pillar Order – First, an injunction restraining the defendant from destroying or infringing goods. Second, an order permitting the plaintiff’s lawyer to search the defendant’s premises and take goods into their safe custody. Third, an order that the defendant is directed to disclose the names and addresses of suppliers and consumers.

 

4)    Mareva Injunction

 

The Mareva injunction comes into play when the court believes that the defendant is trying to delay or obstruct the execution of any decree being passed against him. The court has the power to direct him to place whole or any part of his property under the court’s disposal as may be sufficient to satisfy the decree. This is provided in Order XXXVIII, Rule 5 of The Civil Procedure Code, 1908.

 

5)    Norwich Pharmacal Order

 

The Norwich Pharmacal Order is usually passed when information needs to be discovered by a third party.

 

Criminal Remedies:

 

Under the Copyright Act, 1957 the following remedies are provided for infringement:

 

  1. Imprisonment up to 3 years but, not less than 6 months
  2. Fine which may not be less than 50,000 but, may extend up to 2,00,000
  3. Search and seizure of infringing goods
  4. Delivery of infringing goods to the copyright owner



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