Other agency using my hoarding design under their name. What can I do?
Some other agency is using my designs of hoarding in public places in their tag name. How do I proceed to file a case? And will it be of any benefit in future to me?
You must first register your design under the Trademark & Copyright Act and then you can file a case restraining the agency from using your design or logo. This will also help in taking action against any person in future copying of your design.
Indian Copyright Act of 1957 is one of the Acts which was passed to ensure protection of original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses.
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work. Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity.
Your design of hoarding shall come within the purview of artistic work as defined in the Indian Copyright Act.
You need to file a civil suit for infringement of copyright under Section 51 of the Indian Copyright Act wherein you can claim Injunction damages or account of profit, removal of infringing copy and damages for conversion.
It is advisable that you should always register your artistic work with the Copyrights Office as certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
However we would like to mention that Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright.
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