The document provides an overview of intellectual property rights, focusing on copyright law, its definition, and the associated rights and remedies for infringement. It discusses the historical context of copyright, its protection mechanism, and the various legal remedies available under the Indian Copyright Act of 1957, including civil and criminal actions. Additionally, it outlines the concept of fair dealing as a defense in copyright cases, emphasizing the balance between protecting creators' rights and promoting creativity.

1. INTELLECTUAL
PROPERTY RIGHTS
ASSIGNMENT ON
INFRINGMENT OF COPYRIGHTS
SUBMITTED TO: SUBMITTED BY:
Mr Nitya Nand Pandey
Faculty IPR
Jasleen Rajpal
Btech Biotech
7th
Semester
(4th
year)

2. COPYRIGHT
Copyright is concerned with protecting the work of
the human intellect. The domain of copyright is the
protection of literary and artistic works. These
include writings, music, and works of the fine arts,
such as paintings and sculptures, and technology-
based works such as computer programs and
electronic databases.
The Berne Convention (1886), which is the oldest
international convention governing copyright, states
the following in its Article 2:
"The expression 'literary and artistic works' shall
include every production in the literary, scientific and
artistic domain, whatever may be the mode or form
of its expression, such as books, pamphlets and
other writings; lectures, addresses, sermons and

3. other works of the same nature; dramatic or
dramatic-musical works; choreographic works and
entertainments in dumb show; musical compositions
with or without words; cinematographic works to
which are assimilated works expressed by a process
analogous to cinematography; works of drawing,
painting, architecture, sculpture, engraving and
lithography; photographic works, to which are
assimilated works expressed by a process
analogous to photography; works of applied art;
illustrations, maps, plans, sketches and three-
dimensional works relative to geography,
topography, architecture or science. Translations,
adaptations, arrangements of music and other
alterations of a literary or artistic work shall be
protected as original works without prejudice to the
copyright in the original work. Collections of literary
or artistic works such as encyclopaedias and
anthologies which, by reason of the selection and
arrangement of their contents, constitute intellectual
creations shall be protected as such, without
prejudice to the copyright in each of the works
forming part of such collections."
There is no requirement that the literary and artistic
work should be good or have artistic merits. It

4. should, however, be original. The exact meaning of
this requirement varies from country to country, and
it is often determined by case law. In very general
terms one may say that in countries belonging to the
common law tradition very little is required, other
than that the work must not be a copy of another
work and that the author should have displayed a
minimum amount of skill, labour and judgement in
making it.
In countries belonging to the civil law tradition, the
requirement is often stronger, for example that the
work must bear the stamp of the author's
personality. A creative effort would be required from
the author that may go beyond mere skill, labour or
judgement.

5. COPYRIGHT INFRINGEMENT
ABSTRACT
Copyright infringement is the use of works
protected by copyright law without permission,
infringing certain exclusive rights granted to the
copyright holder, such as the right to reproduce,
distribute, display or perform the protected work, or
to make derivative works. The copyright holder is
typically the work's creator, or a publisher or other
business to whom copyright has been assigned.
Copyright holders routinely invoke legal and
technological measures to prevent and penalize
copyright infringement.
Copyright infringement disputes are usually resolved
through direct negotiation, a notice and take down
process, or litigation in civil court. Egregious or
large-scale commercial infringement, especially
when it involves counterfeiting, is sometimes
prosecuted via the criminal justice system. Shifting
public expectations, advances in digital technology,
and the increasing reach of the Internet have led to
such widespread, anonymous infringement that
copyright-dependent industries now focus less on

6. pursuing individuals who seek and share copyright-
protected content online, and more on expanding
copyright law to recognize and penalize – as
"indirect" infringers – the service providers and
software distributors which are said to facilitate and
encourage individual acts of infringement by others.
The following are some of the commonly known acts
involving infringement of copyright:
 Making infringing copies for sale or hire or
selling or letting them for hire;

7.  Permitting any place for the performance of
works in public where such performance
constitutes infringement of copyright;
 Distributing infringing copies for the purpose of
trade or to such an extent so as to affect
prejudicially the interest of the owner of copyright ;
 Public exhibition of infringing copies by way of
trade; and Importation of infringing copies into
India.
REMEDIES AVAILABLE TO COPYRIGHT
OWNERS
Remedies are the measures of relief that the Court
can grant to a person whose rights are infringed. In
civil lawsuits, remedies for copyright owners include
injunctions (to stop someone from doing something),
damages (whether actual damages, as proved, or
statutory damages), and account of profits. Where it
is proper to do so, considering the flagrancy of the
infringement, the Court may also order additional
damages to be paid by the infringing party to the
copyright owner. An award of statutory damages is a
remedy (instead of damages) that the Court may
order against the infringing party without the need

8. for the copyright owner to prove the loss he has
suffered as a result of the infringement. This is
subject to a per-work ceiling of $10,000 and to an
aggregate ceiling of $200,000 for a particular action.
REMEDIES AVAILABLE AGAINST
COPYRIGHT INFRINGEMENT IN INDIA
The Copyright Act 1957 provides three kinds of
remedies - administrative remedies, civil remedies
and criminal remedies. The administrative remedies
provided under the statute include detention of the
infringing goods by the customs authorities. The civil
remedies are provided under Chapter XII of the
Copyright Act 1957 and the remedies provided
include injunctions, damages and account of
profits. The criminal remedies are provided under
Chapter XIII of the statute and the remedies
provided against copyright infringement include
imprisonment (up to 3 years) along with a fine (up to
200,000 Rupees).
Jurisdiction [Place of Suing] Under Copyright
Act, 1957 - Recently in 2015 the Jurisdiction law

9. regarding Copyright Violation has gone a drastic
change by the following judgement of the Hon'ble
Supreme Court - Jagdish Singh Khehar and Arun
Mishra, JJ. – Civil Appeal Nos. 10643 – 10644 of
2010 with 4912 of 2015 [arising out of SLP [c] No.
8253 of 2013], Dated 01/07/2015 – Indian
Performing Rights Society Ltd. Vs. Sanjay Dalia and
another - - Copyright Act [14 of 1957 ] , Section 62 –
Trade Marks Act [47 of 1999], Section 134 – Civil
Procedure Code Section 20 – Suit for infringement
of Copyright of Trade Mark – Place of suing – Place
where plaintiff resides or carries on business or
works for gain – Is an additional forum made
available to plaintiff by Section 62 of 1957 Act and
Section 134 of 1999 Act – Applicability of Section 20
of Civil Procedure Code is not completely ousted
thereby – If cause of action has arisen wholly or in
part in place where plaintiff resides or is doing
business suit has to be filed at such place.

10. FACTORS IN DETERMINING STATUTORY
DAMAGES
In determining the amount of statutory damages, the
Court is to consider these factors:
 nature and purpose of the infringing act,
including whether the infringing act was of a
commercial nature or otherwise;
 flagrancy of infringement;
 if the act was done in bad faith;
 any loss suffered or likely to be suffered by the
copyright owner;
 any benefit shown to have accrued to the
defendant;
 conduct of both parties before and during
proceedings;
 the need to deter similar instances of
infringement; and
 All other relevant matters.

11. CIVIL REMEDIES FOR COPYRIGHT
INFRINGEMENT
The civil remedies for copyright infringement are
covered under Section 55 of the Copyright Act of
1957. The different civil remedies available are:
1) Interlocutory Injunctions
The most important remedy is the grant of an
interlocutory injunction. In most case the application
filled is for interlocutory relief and the matter rarely
goes beyond the interlocutory stage. There are three
requirements for there to be a grant of interlocutory
injunction – Firstly, a prima facie case. Secondly,
there needs to be a balance of convenience. Finally,
there needs to be an irreparable injury.
2) Pecuniary Remedies
Copyright owners can also seek three pecuniary
remedies under Section 55 and 58 of the Copyright
Act of 1957. First, an account of profits which lets
the owner seek the sum of money made equal to the

12. profit made through unlawful conduct. Second,
compensatory damages which let the copyright
owner seek the damages he suffered due to the
infringement. Third, conversion damages which are
assessed according to the value of the article.
3) Anton Pillar Orders
The Anton pillar order gets its name from the holding
in Anton Pillar AG V. Manufacturing Processes. The
following elements are present in an Anton Pillar
Order – First, an injunction restraining the defendant
from destroying or infringing goods. Second, an
order permitting the plaintiff’s lawyer to search the
defendant’s premises and take goods in their safe
custody. Third, an order that the defendant be
directed to disclose the names and addresses of
suppliers and consumers.
4) Mareva Injunction
The Mareva injunction comes into play when the
court believes that the defendant is trying to delay or
obstruct the execution of any decree being passed

13. against him. The court has the power to direct him to
place whole or any part of his property under the
court’s disposal as may be sufficient to satisfy the
decree. This is provided in Order XXXVIII, Rule 5 of
The Civil Procedure Code, 1908.
5) Norwich Pharmacal Order
The Norwich Pharmacal Order is usually passed
when information needs to be discovered from a
third party.

14. CRIMINAL REMEDIES
Under the Copyright Act, 1957 the following
remedies are provided for infringement:
 Imprisonment up to 3 years but, not less
than 6 months
 Fine which may not be less than 50,000 but,
may extend up to 2,00,000
 Search and seizure of infringing goods
 Delivery of infringing goods to the copyright
owner
FAIR DEALING UNDER COPYRIGHT LAW IN
INDIA
The defence of fair dealing is an integral part of
copyright law. The fair dealing defence allowed
certain usage of literary works which would have
otherwise been an infringement of copyrights. The
fair dealing defence states that copyrights must not
stifle the very creativity that law is meant to foster. It
is “a key part of the social bargain at the heart of the
copyright law, in which as a society we concede

15. certain limited individual property rights to ensure
the benefits of creativity to a living culture.”
The Indian Copyright Act under Section 52 makes
fair dealing a valid defence for copyright
infringement. This defence places the burden of
proof on the copyright owner to establish
infringement. However, the Copyright Act has not
defined fair dealing which led the Indian court to rely
on the definition of English authorities. The court
usually relies on the case of Hubbard vs.
Vosper which held that “It is impossible to define
what is “fair dealing.” It must be a question of
degree. You must consider first the number and
extent of the quotations and extracts. Are they
altogether too many and too long to be fair? Then
you must consider the use made of them. If they are
used as a basis for comment, criticism or review,
that may be fair dealing. If they are used to convey
the same information as the author, for a rival
purpose, that may be unfair. Next, you must
consider the proportions. To take long extracts and
attach short comments may be unfair. But, short
extracts and long comments may be fair. Other

16. considerations may also come to mind. But, after all,
whatever said and done, it must be a matter of
impression. As with fair comment in the law of libel,
so with fair dealing in the law of copyright. The
tribunal decides on facts of the case. In the present
case, there is material on which the tribunal of fact
could find this to be fair dealing.
SUMMARY
Only human beings are capable of creativity. They
can be authors, composers, artists and designers for
creating their original works. Generally, it is they
alone who will be entitled to enjoy the exclusive

17. rights to do or authorize others to do certain acts in
relation to rights vests with them. Copyright was the
first intellectual property which received legal
recognition in the world. “The right which a person
acquires in a work which is the result of his
intellectual labour is called copyright.”
In ancient days, creative writers, musicians and
artists wrote, composers and made their work for
fame and recognition rather than to earn a living.
The importance of copyright was recognised only
after the invention of printing press in 15th
century
which enabled the reproduction of books in large
number practicable. The first copyright Act in
England which was in fact first copyright Act in the
world was passed in 1709 called the “Statute of
Anne” which provided that the author of any book
already printed will have sole right of
printing. Donaldson V. Beckett, 1774 is the ruling
by the United Kingdom House of Lords that denied
the continued existence of a perpetual common law
copyright and held that copyright was a creation of
statute and could be limited in its duration.
Copyright is a kind of intellectual property the
importance of which has increased enormously in

18. this era of modernisation where rapid changes are
taking place in the field of printing, entertainment,
film, media and music and computer industries.
As an intellectual property right, copyright has a
great advantage that it arises automatically. It comes
into existence as soon as the work is created. There
is no registration form or fee. It is noteworthy that
there are strict limits to the protection copyright
affords. Unlike a patent, copyright is not a true
monopoly. It does not protect the idea as such. What
copyright protects is the form in which the work is
expressed.
As regards the aspect enforcement, Indian
enforcement agencies are now working very
effectively and there has been a notable decline in
the levels of piracy in India. In addition to intensifying
raids against copyright infringers, the government
has taken a number of measures to strengthen the
enforcement of copyright law. It include setting up of
Copyright Enforcement Advisory Council,
organisation of seminars/workshops to create
greater awareness about copyright law among the
enforcement personnel and the general public,
setting up of collective administrative societies and

19. creation of separate cells in state police
headquarters. Copyright enforcement can be
enforced through court of law and the copyright Act
is now fully conformity with the TRIPs obligations.
The Act provides not only civil but also criminal
remedies, in case of infringement of copyright,
against infringer. The two remedies are distinct and
independent and can be availed of simultaneously.
The Copyright Act, 1957 prescribes mandatory
punishment for piracy of copyrighted matter
commensurate with the gravity of the offense with an
effect to deter infringement, in compliance with the
TRIPs agreement.

20. RECENT CASES: