Someone copied my design and is selling it in Kolkata how to file copyright infringement case
LE Asked by Legal Expert from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Copyright infringement is actionable under the Copyright Act, 1957, and you can file a civil suit for injunction and damages before the District Court in Kolkata having jurisdiction. You must prove that you are the original creator of the design and that the infringing work is a substantial copy of your work. Under West Bengal Premises Tenancy Act 1997, there may be additional procedural requirements for filing the suit in West Bengal. You can seek an interim injunction restraining the infringer from selling the copied design pending the final disposal of the suit. If the District Court does not grant relief, you can approach the Calcutta High Court under West Bengal Premises Tenancy Act 1997 for an appeal.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.