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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Meera Traders in Jaipur sold a batch of pirated textbooks. The publisher, Vidya Press, sues to recover possession of the infringing copies. Meera proves she had reasonable grounds for believing the copies did not involve infringement of copyright. Under Section 58 of the Copyright Act, 1957, what is the outcome?

Vidya Press may still recover possession of the infringing copies, because they are deemed its property under Section 58. The proviso only removes the remedy in respect of conversion when the opponent proves reasonable grounds for believing the copies were not infringing.

  1. AVidya Press can recover possession of the copies, but is not entitled to any remedy in respect of conversionCorrect
  2. BVidya Press loses all rights over the copies, including recovery of possession
  3. CVidya Press can claim both recovery and conversion, since belief is irrelevant
  4. DVidya Press can claim conversion only, not possession

Explanation

Section 58 deems infringing copies the owner's property, allowing proceedings for possession or conversion. The proviso denies only the conversion remedy if the opponent proves lack of awareness or reasonable grounds for believing no infringement. Possession recovery remains available.

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