Section 60
Remedy in the case of groundless threat of legal proceedings.
About this Act
An Act to amend and consolidate the law relating to copyright.
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 1[in section 34 of the Specific Relief
Act, 1963 (47 of 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--
(a) obtain an injunction against the continuance of such threats; and
(b) recover such damages, if any, as he has sustained by reason of such threats:
Provided that this section does not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.
(a) obtain an injunction against the continuance of such threats; and
(b) recover such damages, if any, as he has sustained by reason of such threats:
Provided that this section does not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.
Notes
1 . Subs. by s. 22, ibid., for " in section 42 the Specific Relief Act, 1877 (1 of 1977)" (w.e.f. 9-8-1984).