Copyright Infringement: Effectiveness of Injunction as a Remedy

  • Praful Dwivedi

Abstract

Copyright law prevents an individual from making any alterations, modifications or interference from the work of copyright owner. A copyright is exclusive right granted owner for his intellectual skills, labour and pain put on a certain work. Civil remedies are available to owner of copyright for protection against its infringement. Injunctions are an effective remedy for copyright infringement. It mandates an individual to commit or omit from doing a peculiar act. The courts have discretion for granting injunctions however, their discretion is guided by three pillar tests i.e. the court must satisfy that plaintiff has prima facie case, balance of convenience and irreparable loss would be caused if the plaintiff is denied the grant of injunction. Injunction as a remedy protects creativity of an individual and encourages an individual for investing creativity and intellectual ability for producing various expressions.

Published
2019-07-15
How to Cite
DWIVEDI, Praful. Copyright Infringement: Effectiveness of Injunction as a Remedy. Journal of Intellectual Property Rights Law, [S.l.], v. 2, n. 1, p. 13-23, july 2019. Available at: <http://lawjournals.stmjournals.in/index.php/jiprl/article/view/267>. Date accessed: 16 oct. 2019.

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