(3) The costs of all parties in any proceedings in respect of
the infringement of copyright shall be in the discretion of
the court.”
32.
Under Section 58 of the Copyright Act, all “infringing copies”
including the “plates used or intended to be used” for the production of
infringing copies shall be deemed to be the property of owner of the copyright.
Such owners are also permitted to take proceedings for recovery of possession
of such plates used for creating infringing copies. Section 58 reads as under:
“58. Rights of owner against persons possessing or
dealing with infringing copies.—
All infringing copies of any work in which copyright
subsists, and all plates used or intended to be used for the
production of such infringing copies, shall be deemed to
be the property of the owner of the copyright, who
accordingly may take proceedings for the recovery of
possession thereof or in respect of the conversion thereof:
Provided that the owner of the copyright shall not be
entitled to any remedy in respect of the conversion of any
infringing copies if the opponent proves—
(a) that he was not aware and had no reasonable ground
to believe that copyright subsisted in the work of which
such copies are alleged to be infringing copies; or
(b) that he had reasonable grounds for believing that
such copies or plates do not involve infringement of the
copyright in any work.”
33.
In this regard, Section 2(t) of the Copyright Act defines “plates” as
under:
“(t) “plate” includes any stereotype or other plate, stone,
block, mould, matrix, transfer, negative, duplicating
equipment or other device used or intended to be used for
printing or reproducing copies of any work, and any
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 24 of 51
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