REMEDIES FOR INFRINGEMENT OF COPYRIGHT IN INDIA: THE ADEQUACY OR INADEQUACY THEREOF
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Abstract
The existence of a right is meaningless unless an effective remedy is provided for redressing its violation. In case of infringement in India, a copyright owner is entitled to certain remedies under the Copyright Act, 1957. There are three types of remedies available for infringement under the Act:
- Civil remedies
- Administrative remedies, and
- Criminal remedies
CIVIL REMEDIES
The civil remedies for infringement of copyright are of two kinds:
- preventive civil remedies, and
- compensatory remedies
Preventive civil remedies
These remedies are used prior in time to the occurring of the actual act of infringement or before the damage ensues. These are, for this reason, also the most popular among the remedies.
Interlocutory injunction
Injunction is the most important remedy against the copyright infringement. Injunction means a judicial process by which one who is threatening to invade the legal or equitable rights of another is restrained from commencing or continuing such act, or is commanded to restore matters to the position in which they stood previous to the action.
The copyright owner normally wants speedy and effective relief to prevent further infringements of his copyright and further damage to his business and cannot afford simply to wait for years until the full trial takes place. As a consequence, the law provides interim relief to the plaintiff by way of grant of interlocutory injunction. The plaintiff who gets an interlocutory injunction has tremendous advantage because the defendant is stopped dead in his tracks. The grant of his remedy is within the discretion of the trial court. The discretion exercised by the court is a judicial one which is governed by rules. It is not arbitrary, vague and fanciful but legal and regular
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