matrix or other appliance by which sound recording for
the acoustic presentation of the work are or are intended
to be made;”
34.
Further, Section 2(hh) of the Copyright Act defines “duplicating
equipment” as under:
“2[(hh) “duplicating equipment” means any
mechanical contrivance or device used or intended
to be used for making copies of any work;]”
35.
Thus, in so far as civil remedies are concerned, the Plaintiffs can seek
the remedies of injunction, damages, etc. A plaintiff can also seek seizure of
the duplicating equipment and plates used for creating infringing copies.
36.
Apart from the civil remedies under the Copyright Act, infringement of
copyright is also a criminal offence under Section 63. It is, in fact, a
cognizable offence, as recently upheld by the Supreme Court in M/s Knit Pro
International v. The State of NCT of Delhi & Anr. [Crl. Appl. No. 807 of
2022, decided on 20th May, 2022]. The relevant extract of the said decision
reads as under:
“5.3 Thus, for the offence under Section 63 of the
Copyright Act, the punishment provided is
imprisonment for a term which shall not be less
than six months but which may extend to three
years and with fine. Therefore, the maximum
punishment which can be imposed would be three
years. Therefore, the learned Magistrate may
sentence the accused for a period of three years
also. In that view of the matter considering Part II
of the First Schedule of the Cr.P.C., if the offence
is punishable with imprisonment for three years
and onwards but not more than seven years the
offence is a cognizable offence. Only in a case
where the offence is punishable for imprisonment
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 25 of 51
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