IPR is the set of rights given to the person who made or create a property using his mind and labor. In order to motivate the creations and to exploit commercially, certain protection and security were given to the owners. One such type of IPR is Copyright Registration which gives protection for the works related literacy, musical, dramatic, sound recording, artistic and also for producers of cinematograph films. The rights of produce, reproduce, perform, translate and broadcast were provided under the Copyright Act, 1957 which acts as remedies in case of copyright infringement. Such rights indirectly restrict others from not interfering into the works of owners. In case if anyone intrudes into their work it is considered to be infringement and for that various remedies were provided under the act.
As per the copyright act concern, there are three types of remedies available for the infringement of copyright. Those are civil remedies, criminal remedies, and administrative remedies. Under s.55 of the act deals with civil remedies, firstly the interlocutory injunction mostly everyone will claim for the injunction, secondly, the compensation which can be the loss occurred to the owners or the profit made by the person using the work or any other loss. The court also may issue Anton pillar order, which gives additional exclusive rights for the owner’s lawyers to search and seize the respective work from the defendant place. And also can direct the defendant to give information about the suppliers and consumers of such works. Another remedy is Mareva injunction i.e. when the defendant intentionally delaying the process, the court can order to surrender a part of defendant property to the court as a security. In case any information is required from a party who is not a party to the suit the court may issue an order of Norwich Pharmacal order to gain information.
Regarding the criminal remedies, the act expresses imprisonment from 6 months to 3 years with or without a fine viz. sum of 50,000rs to 2 lakh rupees. Additional may order to search and seizure of infringing goods and to give it back to the owner. When an importing of work leads to infringement, the owner can avail the administrative remedies i.e. he can approach the registrar of copyright to stop importation, and he can seizure and delivery the works to the owner.
