Remedy in the Case of Groundless Threat of Legal Proceedings

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Where any person claiming to be the owner of copyright in any work, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright, any person aggrieved thereby may, notwithstanding anything contained in section 34 of the Specific Relief Act, 1963 institute a declaratory suit that the alleged infringement to which the threats related was not, in fact, an infringement of any legal rights of the person making such threats and may in any such suit;

  1. Obtain an injunction against the continuance of such threats; and
  2. Recover such damages, if any, as he has sustained because of such threats.

Provided that this section shall not apply if the person is making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.

 

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