Section 51 deals with what constitutes the infringement of copyright under The Copyright Act,1957. It also deals with exceptions to infringement of copyright. The true test to determine infringement is when a trader, spectator or viewer after having read or seen both the works should get an unmistakable impression that the subsequent work appears to be a copy of the first.This post discusses the remedies available in case of the infringement of copyright –
Various remedies available under Indian laws
|S.No.||Nature||Remedies available||Relevant provision|
|1||Civil remedies||Injunction, Accounts, and Damages||Section 55|
|2||Criminal remedies||Imprisonment and fine||Chapter XIII|
|3||Before Registrar||Stop importation of infringing copies||Section 53|
The author of a work shall have the right –
- to claim authorship of the work; and
- to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work.
The Copyright Act, 1957 provides for both imprisonment and fine under Chapter XIII –
Punishment for copyright infringement
|Section||Offence||First conviction||Second and subsequent convictions|
|Knowingly infringes or abets the infringement of-
(a) the copyright in a work, or
(b) any other right conferred by this Act
|Imprisonment for a term which shall not be less than six months but
which may extend to three years and
|With fine which shall not be less than Rs 50,000 but
which may extend to Rs 2,00,000
|With imprisonment for a term which
shall not be less than one year but which may extend to three years and
|With fine which shall not be
less than Rs 1,00,000
but which may extend to Rs 2,00,000
|Section 63B||Knowing use of infringing copy of computer programme||With imprisonment for a term which shall not be less than seven days but which may
extend to three years and
|With fine which shall not be less than
Rs 50,000 but
which may extend to Rs 2,00,000
|Section 65||Possession of plates for purpose of making infringing copies||Imprisonment which may extend to two years and||Shall also be liable to fine||–|
Competent Court under The Copyright Act,1957
- Every suit or other civil proceeding arising under Chapter XII in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the District Court having jurisdiction.
- Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offense under this Act.
Remedies under Customs Act, 1962
Section 11(2)(n) of Customs Act, 1962 empowers The Central Government to restrict or prohibit import and export of goods infringing trademarks, patents, and copyrights.
Disposal of infringing goods under Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (Rules 3,4, 6, 11 etc)
These Rules enumerate detailed procedure regarding infringing goods and allow Deputy Commissioner of Customs or Assistant Commissioner of Customs to destroy the goods under official supervision or dispose them outside the normal channels of commerce after obtaining ‘no objection’ or concurrence of the right holder or his authorized representative.
Image from here