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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Mehta Prints sold unauthorised copies of a novel. In the suit, Mehta Prints proves that at the date of infringement it was not aware and had no reasonable ground for believing that copyright subsisted in the novel. Which relief remains available to the copyright owner under Section 55?

The owner can obtain an injunction and a decree for the whole or part of the profits made by selling the infringing copies, as the court thinks reasonable. Because the defendant proves it was unaware that copyright subsisted, the proviso to Section 55(1) bars damages and other remedies.

  1. AInjunction and a decree for whole or part of the profits from sale of infringing copies, as the court deems reasonableCorrect
  2. BInjunction, damages and accounts in full
  3. COnly damages, with no injunction
  4. DNo relief of any kind

Explanation

The proviso to Section 55(1) limits the plaintiff, where the defendant proves innocence regarding subsistence of copyright, to an injunction and a decree for the whole or part of profits from sale of infringing copies as the court deems reasonable. Damages and full accounts are therefore unavailable.

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