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Malav Shah (Company Secretary)     06 August 2009

Jurisdiction of Court for filing suit for copyright violatio

Hi Learned friends,

We want to file a suit for copyright violation. The infringer is based in Kolkata and we are based in Mumbai. Under jurisdiction of which court, can we file the suit. In Kolkata or Mumbai. 

Regards

Malav 



Learning

 10 Replies

murugan (asst.publicprosecutor)     06 August 2009

hello sir,

place were right created orn infringed or defandant resides 

crl.comlaint -place were right infringed-jurisdn magistrate or police

Malav Shah (Company Secretary)     06 August 2009

Hi

thanks for reply. But clarifying futher.

We prepare research reports on indian companies and sell it through our website as paid subscriptions. we create such reports in Mumbai. The infringer copies such reports and sells it to his subscribers as its own. He is doing this by emails from Kolkata. So where according to you copyright is infringed. At Mumbai or Kolkata?

Our webservers are in Mumbai in which the data is stored. 

Waiting for reply.

Regards

Malav

 

murugan (asst.publicprosecutor)     06 August 2009

sir,

r u registd. under copy rights Act ?

better give complaint under I.T.Act.2000 to D.S.P were offender resides

Malav Shah (Company Secretary)     07 August 2009

thanks

Malav

Malav Shah (Company Secretary)     07 August 2009

Sir,

Can you send a detail procedure for filing complaint under the I.T. Act. and a draft of complaint.

Oblige

Malav 

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     08 August 2009

Dear Malav, it is better if U file suit claiming injunction and compensation for violation of copyright in the District Court of Kolkata. I dont think this will come under the IT Act, as IT Act only deals with the crimes like hacking, spams,cyberstalking, etc.

Malav Shah (Company Secretary)     08 August 2009

 Sir, 

Can any one recommned me an IPR lawyer for filing a civil suit and criminal complaint in Kolkata.

Oblige  

Malav Shah 

Ritambhara Agrawal (Lawyer)     17 August 2009

Dear Malav, the jurisdiction for copyright violation cases differs from other kind of litigation. in case of copyright violation, case can be filed at the place of business or residence of the plaintiff/complainant. in your case, complaint can be filed at Mumbai and there is no need to file it at Kolkata. You can contact us for filing the case and complaint. we have extensively worked on cases of copyright violation. we can be contacted at ritambhara@intelligere.in

Rakesh (CCCCCC)     28 January 2010

Dear Agrawal:

 I have similar questions and I appreciate your suggestion. Can Petitioner located in USA file a Copyright suit in District Court where the Respondents are located? Does US company has any jurisdiction to file a Copyright case in India?

Thank you. 

Ramnath Madaan (Advocate)     30 May 2013

Dear  Rakesh:

Of course, USA based petitioner can file a copyright suit  in India depending on the facts and circumstances of a particular case. Please give additional details as to nature of infringment in your case. Then I can advise you on best legal recourse. I can be reached at rnmadaan@gmail.com.   

 


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