Wednesday, 23 April 2014

CIVIL REMEDIES FOR INFRINCEMENT



Section 55 provides that the owner of copyright con sue in the district court having Jurisdiction and shall be entitled to all such remedies by way of injunction, damages,
accounts and otherwise as are conferred by law for the infringement of a right. However, if the defendant proves that date of infringement he was not aware of had no reasonable ground for believing that copyright subsisted in the work, then the plaintiff shall only be entitled to an injunction and account of profit made by the defendant by the sale of the infringing copies as the court may in the circumstances deem reasonable. The plaintiff shall not be entitled to any damaged.

Section 71 provides that if any person is aggrieved by an order made by the court under s.55 then he can file an appeal within 30 days of the date of the order to the higher appellate court- which may direct stay of execution of the order till the appeal is disposed of.


Section 72 provides that appeals against any final decision or order of the Registrar of copyright shall lie within 3 months of the date of the order, with the Copyright Board. Further any person aggrieved by any final decision or order of the Copyright Board, may, within 3 months from the date of such decision or order, appeal to the High Court.

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