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11/24/2024/HP-II/4236-4244 ), designating Delhi Police as the nodal agency for regulating digital content hosted or published on intermediary platforms in the National Capital Territory of Delhi. Aditi is a final-year B.A., student at The ICFAI University, Dehradun. Her previous posts can be accessed here. ]
Under Section 79 of the Information Technology Act, 2000 (IT Act) in India, intermediaries are provided a safe harbor, meaning they are not generally liable for third-party content unless they have actual knowledge of the infringing material and fail to act upon it. The Way Forward?
However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Modak , the Supreme Court of India took the stance that along with effort and duediligence, a modicum of originality and creativity should also be present in the creation in question.
Introduction The Ministry of Electronics and Information Technology (MeitY) was designated as the focal ministry for all issues pertaining to the online gaming sector on December 23, 2022. An intermediary that provides one or more online games is referred to as a “online gaming intermediary.”
Liability of Online Marketplace and third-party infringers in trademark infringement In India, the Trademarks Act, 1999 and the Information Technology Act of 2000 largely regulates the liability of online marketplaces and third-party infringers in cases of trademark infringement. 3] Section 2(1)(ua)(w), The Information Technology Act, 2000.
Musical Arts, designs, pictures, software, material, and many other sorts of Intellectual Property can be transferred using an e-commerce platform in the digital age. 13] It has specifically mentioned provisions about the mandate of exercising duediligence and caution while detecting such shams. In the case of Tiffany v.
Moreover, the provisions of Section 142 are not applicable if the registered user of the mark had exercised their duediligence under Section 52(1) and are instituting proceedings to rightfully secure their rights in the mark, against the registered proprietor.
4] SOLUTION IP audit and duediligence can help identify the IP rights and obligations of the parties involved, as well as the potential IP threats and opportunities. It is designed as an Infrastructure as a Service (IaaS) platform. 21, Acts of Parliament, 2000 (India). [1] link] (Accessed: 29 October 2023). eBay Inc.,
The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Highlights of the Week Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination? Microsoft Technology Licensing LLC v.
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