Deepak Malhotra's Fate Sealed
In the first ever anti piracy case the IMI intervened in between the state and an alleged pirate named Mr.Deepak Malhotra who was running a rogue plant in Delhi. The pirate was earlier arrested in June 2006 with more than Rs.4 crores worth of pirated goods and the then Metropolitan Magistrate was presented with the necessary evidence. But the honourable magistrate in her best wisdom still cancelled the sealing orders and released the pirate.
The IMI since then has fought a long legal battle and has finally succeded in ensuring the sealing of this pirate plant alongwith the extremely supportive local police.
This case has thrown light on some ground breaking realities. For instance, section 1666 which deals with the issue of whether the copyright holder should be given custody of the goods after the end of the case. During the proceedings of the case this section was debated upon and it was under this section that the plant was re-sealed. This has been a major nreakthrough for the IMI legal department.
The other big issue which was discussed was section 71 which deals with an aggrieved party. As rightly pointed out by the court 'any person who is an aggrieved party under the copyright act can appeal against it'. This again is a great moment in the legal history of copyright because till now it was believed that only the copyright holder can appeal against an order..
Section 64(2) was also clearly addressed and a decision was arrived at , as to who can ask for possession of property that is fraud. The order was crystal clear - If there is any person who has interest in may apply for the goods and hence it does not have to be only the complainant. This order clearly signifies that taking police action is longer going to be it and end all of curbing piracy.
During the course of the battle in the past one year, the pirate used various methods to delay the case. Mr.Malhotra had been consitently asking for the transfer of the case and at a point even questioned IMI’s position and authority in the matter.
All these issues were clearly negated by the honourable court. This case is a major victory not just for the IMI team but also the entire music industry in India.
The IMI or any IP organisation for that matter needs to have a legal strategy in place. Says Mr.Savio D'Souza, Secretary General of The IMI - "The IMI's legal strategy will look at the various facets that are available within the legal provisions of our country. We will try each and every one of them rather than just leave the case after registering the same."
