![]() ![]() The elements for vicarious liability are:- When the person can control the activities of the principal infringer – When the person knows of the infringement and contributes to it – When the person may derive financial gains from the infringement The only exception to vicarious liability of a company for infringement is when the company has acted in good faith and had no idea about the infringement. Therefore not only the principal infringer but, every person responsible for the company will be liable for indirect infringement, except for a person who acted in good faith and without knowledge of the infringement. Vicarious liability: According to Section 114 of the Act, if a company commits an offence under this Act, then the whole company will be liable.There are two types of indirect infringement: It holds accountable not only the principal infringer but also anyone that abets, induces that direct offender to infringe. The principle and application of indirect infringement arise from the universal law principle. ![]() This does not mean that there is no liability for indirect infringement. Unlike direct infringement, there is no provision in the Act that deals with indirect infringement specifically.
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