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Copyright


Remedies against Infringement

There are three kinds of remedies against infringement of copyright, namely:

 

1. Civil remedies

Injunction damages or account of profit, delivery of infringing copy and damages for conversion.

 

2. Criminal remedies

Imprisonment of the accused or imposition of fine or both. Seizure of infringing copies

 

3. Administrative remedies

Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.

 

Jurisdiction of Courts

A suit or other civil proceedings relating to infringement of copyright is filed in the District Court or High Court within whose jurisdiction the plaintiff resides or carries on business or where the cause of action arose irrespective of the place of residence or place of business of the defendant

 

Limitation

The period of limitation for filing the suit is three years from the date of infringement.



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