Editing Copyright misuse (section)

==In India==
India has incorporated [[fair dealing]] provisions into its [[Copyright law of India|domestic law]], which provides important limitations to copyright holders’ rights.<ref>{{Cite web|url=https://indiankanoon.org/doc/1013176/|title=Section 52 in the Copyright Act, 1957}}</ref> The doctrine of copyright misuse has not received any statutory support much like in the United States.

=== ''Tekla Corporation v Survo Ghosh'' ===
In ''Tekla Corporation and Ors. v Survo Ghosh and Ors.'',<ref>{{Cite web|url=https://indiankanoon.org/doc/164343914/|title=Tekla Corporation and Ors. v Survo Ghosh and Ors.}}</ref> the [[Delhi High Court]] ruled that the defence of copyright misuse was not available to the defendants either in a suit for permanent injunction from infringing a plaintiff’s copyright or in an action for damages for copyright infringement. In 2011, the plaintiffs had initiated a suit for copyright infringement against the defendants for unauthorized usage of its software. Instead of invoking any of the exemptions under Section 52 of the Indian Copyright Act, 1957, the defendants contested that the plaintiffs were precluded from claiming remedies for infringement as their conduct constituted copyright misuse. It was alleged that the plaintiffs had been charging an exorbitant fee alongside imposing ‘unreasonable' conditions as a part of their licensing agreements. However, the Court was not persuaded by the American jurisprudence on this subject and refused to recognize the doctrine of copyright misuse, as it would amount to adding more grounds than what the statute already provided.<ref>ibid. para 16</ref> The Court was also concerned about the implications of the doctrine on judicial delays in enforcement of copyright if it were to be adopted in India.<ref>supra note 24 at para 25</ref> Nonetheless, the Court is said to have missed an opportunity to engage with copyright policy prevalent in India.<ref>{{Cite web|url=https://spicyip.com/2014/05/tekla-corporation-v-survo-ghosh-an-attempt-at-introducing-the-misuse-of-copyright-doctrine-in-indian-jurisprudence.html|title=Tekla Corporation v. Survo Ghosh: An Attempt at Introducing the "Misuse of Copyright" Doctrine in Indian Jurisprudence|last=Jayaraj|first=Spadika|date=28 April 2019|website=SpicyIP |url-status=live |archive-url=https://web.archive.org/web/20220307193006/https://spicyip.com/2014/05/tekla-corporation-v-survo-ghosh-an-attempt-at-introducing-the-misuse-of-copyright-doctrine-in-indian-jurisprudence.html |archive-date= Mar 7, 2022 }}</ref>