INDIA Trends and Developments Contributed by: Arvind Sharma, Ajoy Roy, Sanjiv Malhotra, Shahana Chatterji and J.V. Abhay, Shardul Amarchand Mangaldas & Co.
to limitations to any person. For a valid assign - ment or licensing of copyright, the agreement must be in writing, signed by the copyright owner or an authorised agent, clearly identify the work, specify the rights being transferred or licensed, and define the duration and territorial extent. Fur - ther, the agreement should specify any royalty or Infringement of copyright occurs when a copy - righted work is used without permission of the owner of copyright. Instances of infringement include unauthorised reproduction, distribution or public performance, as well as plagiarism or illegal adaptations. consideration that may be payable. Copyright infringement and remedies A civil and/or a criminal action can be filed by the owner of copyright in the case of infringement. A civil remedy for copyright infringement entails filing a suit before the court of appropriate jurisdiction. The relief(s) in a suit for copyright infringement may include an order of injunction, damages, accounts of profits and/or seizure of infringing copies for destruction. Interim relief(s) – including an injunction during pendency of the suit and appointment of a local commissioner to visit the premises of the defendant, take stock of the infringing goods, make an inventory, and seize and seal the infringing goods – can also be sought. The Copyright Act, 1957 also provides for crimi - nal remedy for an offence of copyright infringe - ment. The punishment for the offence includes imprisonment and a fine, which can range from a minimum of six months to a maximum of three years and INR50,000–200,000.
Exceptions to infringement The Copyright Act, 1957 provides that certain acts do not constitute an infringement of cop - yright. These include instances of fair dealing such as private or personal use (for research and education for example), criticism, review, report - ing judicial or parliamentary proceedings, and adaptation for disabled persons. AI and copyright The rise of AI-generated content has also raised complex copyright questions pertaining to own - ership and use of copyrighted work to train AI models. The Copyright Office has, while deciding one such case, held that only human-authored works qualify for copyright protection. The legal - ity of training of AI models on copyrighted works is under consideration by the courts. Accession to some key treaties to strengthen digital copy - right protections and for facilitating access to copyrighted works has also been considered by the government of India. Conclusion: a jurisdiction of strategic opportunity and legal maturity Given the reasoning and numbers, one can point in 2025 to a compelling narrative made by India to global investors, and multinational enterprises seeking jurisdictional certainty and long-term growth. This growth and development are not incidental – it is the byproduct of intended legal reforms, business-enabling policies and regula - tory foresight. India is already an emerged market – it offers a stable political climate, deepening capital base, positive legal and fiscal infrastructure and a consumer market of over a billion people. As global supply chains realign and investor focus shifts towards resilience and diversification, India emerges not just as an option but as an imperative.
324 CHAMBERS.COM
Powered by FlippingBook