ARTICLE
10 December 2018

Copyright Infringement Offences: Cognizable Or Not?

L
LexOrbis

Contributor

LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
Cognizability is one of the various kinds of classifications pertaining to offences
India Intellectual Property

Cognizability is one of the various kinds of classifications pertaining to offences. A cognizable offence is one for which a police officer may arrest without warrant. The cognizability of the offence of copyright infringement has been consistently debated and is a matter that the courts have considered in a number of cases. Since no clear picture as to cognizability of the offences is provided under the Copyright Act, 1957, one therefore has to consider the first schedule, part II of the Code of Criminal Procedure, 1973 (CrPc), which divides offences (other than the ones falling under the Indian Penal Code) into following categories.

Aprajita Nigam and Mahima Madan discuss about infringement offences in Copyrights in their article published in IBLJ, which can be viewed at https://www.vantageasia.com/copyright-infringement-offences-cognizable-not/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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