India:
Copyright Infringement Offences: Cognizable Or Not?
10 December 2018
LexOrbis
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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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