TorrentFreak

JUNE 8, 2024

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.

Due Diligence 120

Due Diligence Copyright Business Technology 120

SpicyIP

JUNE 27, 2022

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.

Due Diligence 105

Due Diligence Privacy Government Technology 105

IP and Legal Filings

APRIL 19, 2022

Information Technology Act,2000. The Information Technology Act of 2000 [hereinafter referred to as the “IT Act”] regulates the intermediaries or Internet Service Providers (ISPs) involved. Safe Harbour Principle ( Section 79 of IT Act,2000).

Copyright Law 97

Copyright Law Copyright Law Copyright Infringement 97

The IPKat

FEBRUARY 11, 2024

The WIPO IGC was established in 2000. WIPO Diplomatic Conference In a few months, the Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge will take place in Geneva to conclude the final stage of negotiations before the adoption of an international legal instrument.

Intellectual Property 121

Intellectual Property Due Diligence Public Domain Government 121

IP and Legal Filings

OCTOBER 23, 2023

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.

Marketing 98

Marketing Marketing Trademark Registration 98

IIPRD

NOVEMBER 14, 2023

13] It has specifically mentioned provisions about the mandate of exercising due diligence and caution while detecting such shams. Image Sources: Shutterstock] Additionally, the IT Act of 2000 also has provisions for intermediaries and ascertains liability on them. 21, Acts of Parliament, 2000 (India).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The IPKat

JULY 2, 2022

In 2000, the EU legislature adopted the landmark Ecommerce Directive , which provides – at certain conditions – for limitations of liability of certain information society service providers (ISSPs) as potentially arising out of illegal activities committed by users of their services.

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Due Diligence Advertising Advertising Law 83

Selvam & Selvam Blog

MARCH 28, 2022

Moreover, the provisions of Section 142 are not applicable if the registered user of the mark had exercised their due diligence under Section 52(1) and are instituting proceedings to rightfully secure their rights in the mark, against the registered proprietor.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IIPRD

FEBRUARY 8, 2024

4] SOLUTION IP audit and due diligence can help identify the IP rights and obligations of the parties involved, as well as the potential IP threats and opportunities. 21, Acts of Parliament, 2000 (India). [1] 21, Acts of Parliament, 2000 (India). [9] link] (Accessed: 29 October 2023). 1] Tiffany(NJ) Inc. eBay Inc.,

Intellectual Property 52

Intellectual Property IP Government Technology 52

IP and Legal Filings

OCTOBER 20, 2022

Responsibility of the correctness of declarations shall not lie with the e-commerce entity if its function is only of a facilitator of communication between the buyer and the seller; there is no involvement of the entity in initiation or selection or modification of any information related to the products provided by a seller and the entity observes (..)

Advertising 97

Advertising Advertising Due Diligence Government 97

IP Intelligence

JUNE 3, 2024

However, under the judicially created discovery rule, “a [copyright] claim accrues when ‘the plaintiff discovers, or with due diligence should have discovered,’ the infringing act.” [3] ‘accrues’ when an infringing act occurs[,]” regardless of when the plaintiff learns of it. [2] Nealy , 601 U.S. 4] See TRW Inc. Andrews , 534 U.S.

Music 52

Music Copyright Copyright Infringement Due Diligence 52

Technology & Marketing Law Blog

JULY 25, 2022

Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” In a footnote, however, the Court also acknowledged the existence of a possible exception to the injury rule of accrual: the “discovery rule.”

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

SpicyIP

MAY 6, 2024

Zydus Healthcare Limited vs Flipkart Internet Pvt Ltd & Ors on 25 A p ril, 2024 (Delhi High Court) In addition to the directions in the March 5, 2024 order, Flipkart submitted a compliance affidavit disclosing steps of due diligence undertaken by it as an e-commerce marketplace.

Trademark 59

Trademark Invention Licensing Patent 59

Technology & Marketing Law Blog

MAY 15, 2024

Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” 549, 555 (2000). Petrella , 572 U.S. Federal courts … generally apply a discovery accrual rule when a statute is silent on the issue.”

Music 105

Music Blogging Copyright Ownership 105

IP and Legal Filings

DECEMBER 6, 2024

THE INFORMATION TECHNOLOGY ACT, 2000 AND AMENDMENT The Information Technology Act of 2000 in India regulates laws pertaining to cybercrimes, data manipulation, and a wide range of information technology, including digital lockers and digital signatures.

Copyright 52

Copyright Intellectual Property Social Media Television 52

IP and Legal Filings

NOVEMBER 15, 2024

Other legislations include the Information Technology Act, 2000 and Prize Competition Act, 1955. It also introduces a due diligence process under Rule 3 and 4 which the Online Gaming Industry has to comply to. Criminal Laws Various criminal laws like Bhartiya Nyaya Sanhita, 2023, IT Act, 2000, etc.

Advertising 98

Advertising Advertising Law Due Diligence 98