Regarding Section 60 of the Copyright Act, the Bombay High Court emphasizes that an inquiry into ‘groundless legal proceedings’ cannot conclusively determine the question of copyright infringement

Regarding Section 60 of the Copyright Act, the Bombay High Court emphasizes that an inquiry into ‘groundless legal proceedings’ cannot conclusively determine the question of copyright infringement

Case: Manya Vejju @ MV Kasi vs Sapna Bhog

Coram: Justice N.J Jamadar

Case No.: APPEAL FROM ORDER NO.438 OF 2023

Court Observation: “It would be hazardous to lay down an abstract proposition that FIR does not amount to threat of groundless action or that once FIR is lodged, main part of Section 60 ceases to operate eo instante. In my view, the proper question to be posed is, whether the FIR satisfies the description of an “action” ?,”

“transgresses the remit of determination under the enacting part of Section 60 of the Act, as it ventures deep into the arena of infringement of the copyright or otherwise, in substance.”

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Regarding Section 60 of the Copyright Act, Bombay High Court