Copyright Held that a website could be classified as rogue when it was clear that its primary purpose was to provide unauthorized and infringing content to the public, the details of the owners were masked/untraceable, it was non-responsive to legal notices and contained directories or indexes to facilitate infringement of copyright. June 4, 2020 Indian IPR
Copyright Held that the offence of infringement of copyright as provided under Section 63 of Copyright Act, 1957 is a non-cognizable and bailable offence. May 31, 2020 Indian IPR
Copyright Delhi HC Directs Telegram To Block Channels Providing ‘Dainik Jagran’ Newspaper In PDF Forms . Telegram under the capacity of an intermediary had not observed “due diligence” as provided under section 79 of Information Technology Act 2000 and Information Technology (Intermediary Guidelines) Rules 2011 and thus, as an intermediary it could not claim any exemption from the provisions of the IT Act or escape liability under these circumstances. May 29, 2020May 29, 2020 Indian IPR
Copyright Bombay High Court declines to stay May 24 release of Netflix web series “Betaal” in copyright infringement suit HELD I find it difficult to believe that so called original story written by plaintiff, can be copied by somebody else. This is one point which is against plaintiff getting any ad-interim relief as prayed for. May 24, 2020 Indian IPR
Copyright DB : What is the extent of intermediary liability ? Are they infringing copyrights of owners ?HELD (a) Sections 79 and 81 of the IT Act and Section 51(a) (ii) of the Copyright Act have to be read harmoniously. Accordingly, it is held that proviso to Section 81 does not preclude the affirmative defence of safe harbor for an intermediary in case of copyright actions. (b) Section 51(a)(ii), in the case of internet intermediaries contemplates actual knowledge and not general awareness. Additionally, to impose liability on an intermediary, conditions under Section 79 of the IT Act have to be fulfilled. (c) In case of Internet intermediaries, interim relief has to be specific and must point to the actual content, which is being infringed. May 22, 2020 Indian IPR
Copyright Influx of ROGUE WEBSITE ? Delhi High Court quoted “Whoops! The web is not the web we wanted in every respect” Tim Berners-Lee, Inventor of Web, examined the issue in exparte judgement : HELD the real test for examining whether a website is a Rogue Website is a qualitative approach and not a quantitative one. Further HELD in Dr. Shashi Tharoor v. Arnab Goswami and Anr: 2017 SCC OnLine Del 12049, has held that in India, the Courts have the power to pass the pre-publication or pre- broadcasting injunction, May 22, 2020May 22, 2020 Indian IPR
Copyright What is a “rogue website” HELD sites where “principal activity involves reproduction, publication and communication of infringing material” Court, after decree, permitted subsequent impleadment of mirror/redirect/alphanumeric websites – which provide access to defendant websites – by filing an application under Order I Rule 10 of the Code of Civil Procedure, 1908, before the Joint Registrar. May 22, 2020May 22, 2020 Indian IPR
Copyright A Stitch in Time saves Nine: Steps to Protect Intellectual Property of Start-Ups January 22, 2020January 22, 2020 Indian IPR
Copyright Delhi HC directs Chhapaak filmmakers to give credit to lawyer Aparna Bhat in the film January 11, 2020January 11, 2020 Indian IPR
