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ARTICLE · 27 FEBRUARY 2020

Are Copyright Infringement Offences Cognizable Or Not?

In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR)

IndiaIntellectual Property

In November 2019, the Delhi High Court heard a petition filed by Anurag Sanghi, who sought relief to quash a first information report (FIR) registered against him under sections 63 and 65 of the Copyright Act, 1957. Prior disputes between the petitioner Sanghi and Knit Pro over knitting needles had been resolved in an agreement. Under the deal, the petitioner agreed not to manufacture knitting needles for which Knit Pro held copyright. However, Knit Pro alleged that Sanghi continued to deal in infringing products.

Contested issue: The petitioner pleaded that the offence under section 63 of the act is not cognizable, that is, an arrestable offence as the punishment is not within the category of cognizable offences as set out in part II of the first schedule to the code. Punishment prescribed under section 63 of the act for a copyright infringement includes imprisonment offence for a term which shall not be less than six months, but may extend to three years.Knit Pro

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