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ajay amitabh suman (ADVOCATE)     25 May 2017

Enforcement of indian copyright in foreign country

If a party is having copyright registration in India, and there is another party in Bangla Desh, which is infriging the registered copyright of the party, then what is the remedy available for the registered propreitor of Copyright in India. Whether on the basis of registered copyright in India, any action can be taken in Bangla Desh.



Learning

 3 Replies

Ms.Usha Kapoor (CEO)     26 May 2017

yOU FILE  AN INJUNCTION FOR INFRINGEMENT OF YOUR COPY RIGHT BY bANGLADESHI MAN FOR VIOLATION OF YOUR COPY RIGHT IN bANGLDESH.

ajay amitabh suman (ADVOCATE)     26 May 2017

IS IT POSSIBLE FOR FILE THE SUIT IN BANGLADESH ON THE BASIS OF REGISTERED COPYRIGHT IN INDIA, OR SEPARATE COPYRIGHT REGISTRATION IS REQUIRED IN BANGLA DESH

Austin   09 June 2017

Copyright is a creation of law in each country, and therefore there is no such thing as an international copyright law that will protect an author/artist's work throughout the world with a single registration.

Although there is an international copyright treaty known as  The Berne Convention for the Protection of Literary and Artistic Works which is the most important international treaty that addresses international protection for copyright(Both India and Bangladesh are signatories to the Berne Convention)

The Berne Convention, states that once a work is protected in one of the Convention member countries, it is protected by copyright in all of them

The Berne Convention further says that the scope and limitations of any copyright are based on the laws of the country where the misuse of the copyright-protected work takes place (rather than the country where the work originated).  


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