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Iftikhar Ahsan

Iftikhar Ahsan (Indian Patent Agent)     04 June 2009

Anti piracy laws in India

Piracy is not only in India. Its happening in other parts of the world too. Its happening in India due to a simple reason. Its due to ignorance and lack of good legal systems to track and kill Piracy.

India being a very large country in geographical terms and densely populated country, it is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights.
A copyright violation under Section 63 B of the Copyright Act, 1957 (the Act), is a cognizable criminal offence where, upon complaint, police can raid and arrest officials of an infringing company and seize all evidence. Under section 64 of the Copyright Act, 1957, police has power size infringing copies.
In view of the unequivocal provisions contained under Section 69 of the Act, all persons responsible for the conduct of affairs of the company concerned, are liable for imprisonment and fine. While this strong legal remedy is available in India, as is in most other countries, in India, software companies more typically to select action against end-user piracy through milder civil actions.


The choice of civil or criminal remedies will depend upon the facts and circumstances pertaining to every case, and the same cannot be universalized.

 

Dear colleauges, please correct me if I am wrong in my understanding. . 



 



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Iftikhar Ahsan

Iftikhar Ahsan (Indian Patent Agent)     04 June 2009

Piracy is not only in India. Its happening in other parts of the world too. Its happening in India due to a simple reason. Its due to ignorance and lack of good legal systems to track and kill Piracy.

India being a very large country in geographical terms and densely populated country, it is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights.
A copyright violation under Section 63 B of the Copyright Act, 1957 (the Act), is a cognizable criminal offence where, upon complaint, police can raid and arrest officials of an infringing company and seize all evidence. Under section 64 of the Copyright Act, 1957, police has power size infringing copies.
In view of the unequivocal provisions contained under Section 69 of the Act, all persons responsible for the conduct of affairs of the company concerned, are liable for imprisonment and fine. While this strong legal remedy is available in India, as is in most other countries, in India, software companies more typically to select action against end-user piracy through milder civil actions.


The choice of civil or criminal remedies will depend upon the facts and circumstances pertaining to every case, and the same cannot be universalized.

 

Dear colleauges, please correct me if I am wrong in my understanding. . 



 

Abdul rehman

Abdul rehman (Tour Operator)     22 January 2013

I am resident of mumbai , i have downloading shop.... i want to know tht three years before one person came with police and raid m shop and there we gave him 35000 rupees for settlement coz we were not aware about anything we was not knowing anything about the law about the procedure so we gave the money for our safety and then he made a licence from three years he is taking 12 thousand rupees now this year one new company came he is issuing the licence in 7500 rupees. sir can you please let me know what should i do i am completely confused coz both the party are threatening if i am seeing my profit then humgama company people are threatning they will put raid i dont know for what and if i am choosing hugama 12000 licence then second party will do something.. 


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