Thursday, June 12, 2008

Copy Right Act_15

What are the remedies in case of an infringement of copyright?

The Law provides civil and criminal remedies in case of infringement of copyright. Copyright infringement is a cognizable offence where a Police Officer not below the Rank of a Sub-Inspector can arrest the offender without the warrant and conduct the search even without prior authorization of a Court. Copyright infringement if proved in a Court of Law carries a minimum mandatory sentence of imprisonment of six months and minimum fine of Rs. 50,000 which can extend upto Rs. 2 lakh. The Act further provides that there will be an enhanced penalty in case of second and subsequent convictions. In Civil Cases, the District Court can be persuaded not only to give an interim injunction without notice to the other party but also usually gives a direction under Order 39 Rule 7 of C.P.C. where a Commissioner appointed by the Court will visit the premises of the infringers and will be empowered to conduct a search of the inventors premises and cease infringing material from the infringers premises. The seized material can be used at a later point of time to establish infringement. In UK these types of orders are called ANTON PILLOR ORDERS.

1 comment:

Marc Juneau said...

Hey i found this site in a search for copyright infringement ... I read a few of the articles and was wondering if you could post an opinion in my comments on that post and tell me what you think of a situation I have ongoing with a local web design company here in New Orleans / Ex-Employer ...

They are infringing on my trademark .. i made a post on my blog all about it .. when ya get a chance tell me what ya think. There are actually 2 relevant posts both tagged compucast on my blog