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CHAPTER XII CIVIL REMEDIES

Section 62: Jurisdiction of court over matters arising under this Chapter

The Copyright Act, 1957

(1) Every suit or other civil proceeding arising under this Chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by this Act shall be instituted in the district court having jurisdiction.

(2) For the purpose of sub-section (1), a “district court having jurisdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, include a district court within the local limits of whose jurisdiction, at the time of the institution of the suit or other proceeding, the person instituting the suit or other proceeding or, where there are more than one such persons, any of them actually and voluntarily resides or carries on business or personally works for gain.

Questions on this section

1 question in 2 of our papers cite Section 62. Try these from the free papers:

  1. 1. A copyright society has its principal office in Mumbai and a branch office in Delhi. The alleged infringement took place in Mumbai, where the defendant also carries on business. Relying on Section 62(2) of the Copyright Act, 1957, the society files the suit in Delhi. Following Indian Performing Rights Society Ltd. v. Sanjay Dalia (2015), the court should hold that:

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