Copyright Infringement Action

How It Works

1. 1

   Evidence Gathering and Assessment

   Document the infringing act comprehensively through screenshots, purchase of infringing copies, metadata capture, and notarisation. Conduct ownership verification and assess the strength of the claim.

2. 2

   Cease and Desist Notice

   Issue a formal legal notice under the Copyright Act, 1957 citing specific infringements, demanding immediate cessation, removal of infringing copies, and compensation. Set a firm compliance deadline.

3. 3

   Online Takedown (if applicable)

   File takedown notices with platforms, ISPs, and marketplaces under the IT (Intermediary Guidelines) Rules, 2021, compelling removal of infringing content within the prescribed timeframe.

4. 4

   Civil Suit and Injunction

   File a civil suit before the competent District Court seeking permanent injunction, damages, and delivery up. Simultaneously apply for ad interim injunction to obtain immediate court-ordered restraint.

5. 5

   Criminal Complaint (if warranted)

   File a criminal complaint before the Judicial Magistrate or approach police for a search and seizure operation under Section 64 of the Copyright Act in cases of deliberate commercial piracy.

6. 6

   Resolution and Enforcement

   Negotiate settlement, execute consent terms, or pursue the matter to decree and enforcement. Ensure infringing copies are destroyed and compensation is received.