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SpicyIP Tidbit: Delhi Police Authorized to Issue Takedown Orders for Unlawful Content

SpicyIP

This move, reported earlier on January 9 by Aditi Agrawal in Hindustan Times , was made under the powers conferred by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and Section 79 of the Information Technology Act, 2000.

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Delhi High Court Orders Amazon to Pay Rs. 339 Crore Damages: A Wake-Up Call for E-Commerce Giants on Counterfeit Goods

Selvam & Selvam Blog

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?

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Amendments to IT Rules

IP and Legal Filings

Due diligence requirements: Online gaming intermediaries are required to comply with all due diligence requirements applicable to intermediaries in general under IT Rules 2021. An intermediary that provides one or more online games is referred to as a “online gaming intermediary.”

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Fashion Copyright and Infringement

IP and Legal Filings

Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only due diligence and effort, rather than originality and creativity in order to be granted copyright protection. What is the Indian take on originality v. creativity? Copyright Act or Design Act?

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The Amendment to the IT Rules, 2021: Part 1 – Locked, Loaded, and Aimed at the Intermediaries

SpicyIP

That all intermediaries shall ensure accessibility to its services and maintain reasonable expectations of due diligence, privacy and transparency. Section 79(2)(c) simply mandates an intermediary to comply with its due diligence obligations under the IT Act, which is basically the obligations laid down under the IT Rules, 2021.

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Court Bans DoodStream’s Owners & Associates From Running The Site

TorrentFreak

In India, we are governed by the Information Technology Act, 2000 [‘IT Act’] and the Rules made thereunder. If an intermediary observes the rules and operates with due diligence, that does go a long way to avoiding liability. Exemption from Liability is Conditional In common with the U.S.

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The Amendment to the IT Rules, 2021: Part 2 – Locked, Loaded, and Aimed at the Intermediaries

SpicyIP

In the first part, we summarized the proposed amendments and specifically delved into the proposed amendments to Rule 3(1)(a) and (b), arguing that it goes against the Section 79 of the Information Technology Act, 2000 (“IT Act”) as well as the judicially developed principles of intermediary liability and obligations in Shreya Singhal , Kent RO v.