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Duediligence requirements: Online gaming intermediaries are required to comply with all duediligence 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.”
Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only duediligence 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?
opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. With respect to the Designs Act, 2000, Section 23 states that provisions of Patents Act, 1970 with respect to remedies for groundless threats of legal proceedings by a patentee, shall apply in the case of registered designs.
THE REQUIREMENT OF MANDATORY DECLARATIONS : The 2011 Rules provides that every Manufacturer, Packer or Importer of commodities is required to obtain registration for the purpose of pre-packing or importing any commodity in the event of any sale, distribution or delivery.
The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.
Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with duediligence 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.”
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.
The policy based considerations include the internal policies of e-commerce sites as well as registrations of companies for their IP. [6] 13] It has specifically mentioned provisions about the mandate of exercising duediligence and caution while detecting such shams. 21, Acts of Parliament, 2000 (India).
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. 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.,
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