But it is often very hard to show exactly how much monetary damage a copyright infringement has caused. So even if you can prove infringement, you may not be able to show very much in the way of actual damages. In other words, relying on the recovery of actual damages creates a substantial risk that you will lose money bringing the suit.
IP and Business Universities Judiciaries. Home About IP Copyright Topics Copyright Protection of Computer Software In the s and s, there were extensive discussions on whether the patent system, the copyright system, or a sui generis system, should provide protection for computer software. Civil remedies to copyright infringement s are provided in chapter XII of Copyright Act, granting injunction and damages for copyright infringement and criminal liability provisions are provided in chapter XII of Copyright Act, wherein abetment of infringement is also unlawful and punishable with imprisonment of upto three years and a fine up to Rs.
A person who knowingly uses the infringing copies of Computer software commits a criminal offence punishable with imprisonment for not for not less than seven days extendable up to three years and a fine not less than Rs. Section 62 of the Copyright Act, entitles a Plaintiff to file for a suit for injunction against infringements within District Court of the jurisdiction where Plaintiff resides or carries on business or works for gain.
Infact, of late Indian Courts have accepted petitions against unknown Defendants or persons identifiable through their IP Addresses in internet law related litigation. Popularly known as John Doe order in the US Courts, India had adopted the principal of accepting petitions against unknown persons in defamation cases or Intellectual property infringements including cases relating to software piracy.
This is a positive legal enforcement strategy adopted by Indian Courts to resolve internet related litigation where defendants cannot be identified at stage of filing of the position. See B. N Piros v. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. All Rights Reserved. Password Passwords are Case Sensitive. Forgot your password?
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However, due to recent case law decisions, new tests have been put in place which set out possibilities for obtaining software patents in certain circumstances which has made the process more achievable. Professional advice should always be sought to clarify the optimal approach in this complicated field of IP law. For any aspect of Intellectual Property advice and overall strategy, please get in touch with the ip21 team.
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