ARTICLE
24 September 1996

Civil and Criminal Remedies in Copyright Infringement - Part 1 - Introduction

AA
Anand & Anand

Contributor

Key practice areas: IP, Patent, Trademarks, Copyright, Litigation, data protection; healthcare & pharmaceuticals; licensing & franchising; technology, media and telecommunications; customs, white-collar crime About Us: Anand and Anand is a pre-eminent full-service Intellectual Property law firm based in New Delhi, India. Founded in 1923, the firm works with leading businesses, brands, institutions, and personalities across the globe for their intellectual property needs. The firm offers full range of legal services for acquisition, commercialization, building of IP portfolios and enforcement of intellectual property rights in the areas of patents, designs, trademark, copyrights, trade secrets, domain names, geographical indications, data privacy, and more. Ranked highly on leading benchmarking tables, the firm has been instrumental in paving the way for a stronger IP regime in India and is committed to pushing the envelope when it comes to change in substantive and procedural law, and helping clients monetize
India Corporate/Commercial Law
WIPO National Symposium on Copyright and Neighboring Rights for Judges

Organized by the World Intellectual Property Organization (WIPO)in cooperation with the Government of the Federal Republic of Nigeria

Abuja, October 15 to 17, 1996

CIVIL AND CRIMINAL REMEDIES IN COPYRIGHT INFRINGEMENT

Document prepared by Mr. Pravin Anand, Anand and Anand, Advocates, New Delhi

1. INTRODUCTION:

The converging markets of information technology, media/entertainment and telecommunications are expected to become the world's single largest industry. These copyright industries may have moved center-stage to dominate the economics of nations but their existence is threatened by piracy and counterfeiting which have now reached epidemic proportions.

Thus, the Business Software Alliance (BSA) estimates worldwide annual loss to its members to the tune of US Dollars 15.2 billion. According to the International Film Producing Industry (IFPI), in their India Market Report for the year 1996, they estimate a total music market in India of 275 million dollars selling some 300 million legitimate cassettes annually. Piracy figures, although they fell from early 1990s from a staggering 95% to 30% in the year 1995 yet India was considered the world's third largest pirate market in volume and the sixth in value. The figures for the film industry and the book publishing industry are of similar magnitude.

This Paper will take a brief look at some of the recent developments in the law relating to copyright remedies and thereafter place detailed emphasis on the practical aspects of these remedies.

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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