Anyone who feels his or her creativity or intellectual work or computer work or literary work is stolen or used by someone else could file a complaint to protect their copyrights. The punishments for infringement for copyrights in India is high.
The law states that,
The burden of Proof is on the prosecution.
Section. 65 to 70 of the Act deals with the offenses, relating to infringement of Copyright. The Copyright (Amendment ) Act, 1996 enhanced the punishment and provides with imprisonment which may be extended for a minimum period of 6 months to a maximum of 3 yrs. And with fine which not be less than Rupees 50,000/-. The court has the discretion to reduce the imprisonment and fine as well, in special cases. For 2nd and subsequent convictions, the minimum term of imprisonment is enhanced to 1 yr. and minimum fine to Rupees 1 lac.
Generally speaking, anyone can file unless there is a specific provision to the contrary under Sec. 4(2) & 190 of Cr.PC, a Magistrate will be competent to take cognizance of any offense specified in Sec. 190 upon receiving a complaint of facts which constitutes such offense irrespective of the qualifications or eligibilities of the complainant to file a complaint unless contrary provision is made in any Statute.
Intellectual property right comes into existence as soon as the work is created. It doesn’t have a true monopoly like a patent. Also, the law protects the form it is expressed. So, for any violation of copyrights cases, contact us for any legal consultations or legal advice.
Our expert lawyers could save you from the heartache of losing your intellectual or any sort of copyrights violation cases with their experience and expertise. Our lawyers have years of experience in dealing with all types of cases.
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