Copyright Ordinance, 1962 — section 60A

60A. Special remedies for infringement of copyright..—(1) where copyright in any work has been infringed and the owner of the copyright is unable to institute immediate regular legal proceedings for sufficient cause, the owner or any other person having any interest in the copyright in the work, may apply to the Court for immediate provisional orders to prevent infringement of the copyright in such work and for preservation of any evidence relating to such infringement notwithstanding that regular proceedings in the form of a suit or other civil proceedings have not yet been instituted by the owner. 1 Ins. by Ordinance No. LIII of 2000, s. 12.

(2)The court may pass any interim orders envisaged in sub section (1) without prior notice to the defendant, if the court is satisfied that the applicant has some interest in copyright in the work and the right of the applicant is likely to be infringed, affected or prejudiced and any delay in passing such orders is likely to cause irreparable harm to the applicant or where there is a reasonable risk of evidence, either being destroyed, hidden or removed from the jurisdiction of the court or otherwise there is a likelihood of frustration of the intended proceedings if immediate action could not be instituted or there is likelihood of multiplicity of proceedings in the absence of the such orders.

(3)Where the copyright owner or any other person having any interest in the copyright has sought interim orders as provided in sub section (1) and (2), such order shall cease to have effect if a suit for infringement of copyright or other civil proceedings are not initiated within a maximum period of thirty days, and where such regular proceedings have been filed by the owner of the copyright, the provisional proceedings in respect of such a work by whosoever filed shall merge into the regular proceedings.

(4)While exercising powers under sub-section (1) and (2), the court, in case of import or export of consignment containing infringing copies of works, may direct the custom authorities, in whose custody such consignment is lying for the time being to refuse release of such consignment pending decision of the matter by the court: Provided that where interim orders are revoked or cease to have effect due to any act or omission of the applicant, the court may award appropriate costs to the defendant for any injury caused.]