Daily Email Newsletter (Sign-up Free)

Sec 60, Copyright Act 1957: Remedy in case of groundless threat of legal proceedings

Section 60 (Remedy in the case of groundless threat of legal proceedings) under Chapter XII (Civil Remedies) of the Copyright Act 1957

❝Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained in section 34 of the Specific Relief Act, 1963 (47 of 1963), institute a declaratory suit that the alleged infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit—

(a) obtain an injunction against the continuance of such threats; and
(b) recover such damages, if any, as he has sustained by reason of such threats:

Provided that this section shall not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.❞



Section 60 of the Copyright Act 1957 was amended by:
- the Copyright (Amendment) Act 1983 (No. 23 of 1983), sec. 21, w.e.f. 9-Aug-1984.

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.