Someone copied my original software code in New Delhi — can I file a copyright infringement case?
CH Asked by Charu Singhal from India
Quick Answer
Copyright in software is protected under the Copyright Act, 1957, and registration under Section 45 strengthens your evidence in infringement proceedings.
Detailed Legal Analysis
Copyright in software is protected under the Copyright Act, 1957, and registration under Section 45 strengthens your evidence in infringement proceedings. You can file a civil suit for injunction and damages before the District Court or the Delhi High Court where it has original jurisdiction over copyright matters.
Criminal remedies under Section 63 are also available for wilful infringement. Although copyright is a central law, your commercial operations in New Delhi may require compliance with Delhi Rent Control Act 1958 regarding the Delhi Shops and Establishments registration for your business premises.
Statutory damages or actual damages with profits can be claimed. Issue a cease-and-desist notice before approaching the court.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.