Update On Copyright Offences In India

Published date09 August 2022
Subject MatterIntellectual Property, Copyright
Law FirmKochhar & Co.
AuthorMs Lynn Lazaro and Aparna Venkat

On May 20, 2022, the Supreme Court of India cleared up any uncertainty and upheld that the offence of copyright infringement is a cognizable and non-bailable offence. A cognizable offence is one that is an unwarrantable, and a non-bailable offence is one wherein bail is not generally available, thereby these types of penalties are reserved for more serious offences. With the rise of copyright infringement cases in India, the May 20th judgement recognizes the highest court of the land's resolve to dissuading these types of violations. The dispute between M/s. Knit Pro International and Mr. Anurag Sanghi for copyright infringement show the Courts' commitment to the seriousness of intellectual property infringement in India.

Copyright is a form of intellectual property through which creators hold rights over their original works. A range of works are covered under copyright, such as literary, artistic and dramatic works, cinematograph films such as original adaptation of literary work, translation works, computer programs, content, musical work, sound recordings, work of architecture, painting, sculpture, drawing, photograph, cartoons, lithographs, engravings, diagram, map, chart, plan, graphical notation, recitation, choreography, scenic arrangement, and the like.

Copyright infringement refers to use of the copyright protected work in any manner without the consent of the copyright holder that is detrimental to the interests of the owner/creator/author. It is another term for piracy or theft of owner's intellectual property, where the infringer is reaping benefits as opposed to the owner. Fair dealing is an exception to copyright infringement, but its enforcement further encompasses exceptional circumstances to be treated as such. Civil and criminal remedies are available against infringers that includes, injunctions, damages or accounts of profit, delivery of infringing copy, seizure of infringing copies and imprisonment with or without fine.

In this matter, an ex-parte injunction was granted restraining Mr. Anurag Sanghi from manufacturing the 'Lykke Knitting Needles, i.e. the infringing goods. It was found that, Mr. Sanghi, continued to manufacture the infringing goods despite the injunction order filed by Knit Pro. Thereafter, a First Information Report (FIR) was registered under Sections 51, 63 and 64 of the Act read with Section 420 of the Indian Penal Code. The Court in its judgement declared that there were multiple grounds of objections to be...

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