{"title":"Criminal enforcement of copyright in India","authors":"Apoorv Kumar Chaudhary","doi":"10.1111/jwip.12325","DOIUrl":null,"url":null,"abstract":"<p>The Supreme Court of India, in the recent case of Knit Pro International v. State of NCT of Delhi, clarified that the offence under S. 63 of the Copyright Act, 1957 is cognizable and nonbailable. This decision is likely to have far-reaching consequences in the field of copyright enforcement. This article is meant to examine the current state of criminal enforcement of Copyright in India, its interface with freedom of speech and expression and the likely impact of the said judgement on copyright enforcement in India. The article starts with an overview of criminal remedies under the Copyright Act, 1957 and the criminal procedure applicable to those remedies. It then analyses the provisions in light of five factors which are considered crucial in criminalizing an offence—seriousness, proportionality, legal soundness, enforceability and alternative remedies. The article concludes that the current regime for criminal enforcement of copyright leans heavily in favour of enforcers and requires a change to ensure a balance between copyright and the right to freedom of speech and expression.</p>","PeriodicalId":54129,"journal":{"name":"Journal of World Intellectual Property","volume":"28 1","pages":"141-154"},"PeriodicalIF":0.7000,"publicationDate":"2024-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of World Intellectual Property","FirstCategoryId":"1085","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/jwip.12325","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The Supreme Court of India, in the recent case of Knit Pro International v. State of NCT of Delhi, clarified that the offence under S. 63 of the Copyright Act, 1957 is cognizable and nonbailable. This decision is likely to have far-reaching consequences in the field of copyright enforcement. This article is meant to examine the current state of criminal enforcement of Copyright in India, its interface with freedom of speech and expression and the likely impact of the said judgement on copyright enforcement in India. The article starts with an overview of criminal remedies under the Copyright Act, 1957 and the criminal procedure applicable to those remedies. It then analyses the provisions in light of five factors which are considered crucial in criminalizing an offence—seriousness, proportionality, legal soundness, enforceability and alternative remedies. The article concludes that the current regime for criminal enforcement of copyright leans heavily in favour of enforcers and requires a change to ensure a balance between copyright and the right to freedom of speech and expression.
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