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copyright infringement

Section 66B of the Act.

The Trademarks Act, 1999: The Indian Trademarks Act, 1999 provides Risks of using piRated softwaRe
for registration and better protection of trade marks for goods and
services of the software brand name and for the prevention of the use l its illegal: There is a risk of facing legal conse-
of unauthorised marks on the pirated goods. quences due to copyright violation, including financial
Leveraging the Indian Copyright Act, 1957 and the Indian and criminal penalties.
Trademarks Act, 1999, is a reliable solution in the fight against medical
device software piracy. Understanding the legal intricacies, along l An unauthorized user will not receive any updates or
with the potential civil and criminal consequences, is paramount for customer support from the software manufacturer.
stakeholders in the healthcare industry. By utilizing copyright laws
and trademark laws effectively, they can secure their innovations, deter l There is an increased risk of the unlicensed soft-
illicit activities, and ensure the continued advancement of medical ware malfunctioning or crashing.
technology in India.
The Patents Act, 1970: Where certain technologies, especially l Online security is at risk because illegal and coun-
those incorporating and leveraging computer technology, Artificial terfeit software might infect the device with viruses,
Intelligence and Machine Learning are patented under the Indian malware, or adware.
Patents Act, 1970, solutions such as Suits for Patent Infringement are
available to companies looking to protect their intellectual property
rights.
The Indian Penal Code, 1860: Any person engaged in pirating or
using pirated software would be liable under the Indian Penal Code
inter alia for theft (Section 378) and dishonest misappropriation of
property, which are offences punishable with fine and imprisonment.
In effect individuals or organisations dealing in or using pirated
software in India can be penalised and prosecuted not only under the
Copyright Act but also under several other Acts including The Trade
Marks Act, 1999, The Patents Act, 1970 and the The Information
Technology Act, 2000.
JUDICIAL PRECEDENTS
The role of judicial precedents in combatting medical device software
piracy cannot be overstated. Indian courts have consistently shown a
proactive stance in addressing this issue, setting crucial legal precedents
that serve as deterrents to potential infringers. Several noteworthy 2. Super Cassettes Industries vs. Yahoo Inc.: In this case, the
cases have emerged, each with its own unique circumstances and plaintiff alleged that the defendant infringed upon their copyrighted
outcomes. material through their online portal. The court, in response, issued
an injunction to prohibit the reproduction and transmission of the
1. Time Incorporated v. Lokesh Srivastava: In this landmark case, plaintiff’s copyrighted material via the defendant’s portal. This case
the court set a significant precedent by emphasizing the importance of underscores the judiciary’s commitment to protecting intellectual
punitive damages in cases of infringement of trademark, copyrights, property rights in the digital domain.
and patents. The court’s stance was clear: punitive damages should 3. Microsoft Corporation vs. Mr. Kiran and Anr. Recognizing the
deter and discourage lawbreakers who engage in violations for growing menace of software piracy in the country, the court in this
monetary gain. This ruling has paved the way for punitive damages case highlighted the need for appropriate measures and stringent Acts
in software piracy cases, with Indian Courts, recognizing the rights to prevent copyright material infringement. Moreover, the court also
of innovating entities and awarding punitive damages ranging from granted injunctions against service providers, restraining them from
Rs 5 lakhs for individual users to Rs 20 lakhs for the sale of counterfeit using, storing, receiving, and selling copyrighted material through
products by unauthorized vendors. their websites. These actions reflect the judiciary’s proactive stance
against software piracy.

“Are you copying, reproducing, distributing or even buying software in In-

dia without a license to do so? Beware you are breaking the law! And unlike
some other countries, in India you can be imprisoned for this offence.”

68 Dental Practice I November-December 2023 I Vol 19 No 6