(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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