SAFE HARBOUR IMMUNITY FOR INTERNET INTERMEDIARIES AND IP VIOLATIONS: WHERE WE STAND TODAY AND THE WAY FORWARD?

Published On: 05/09/2019

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The Information Technology Act, 2000 ('IT Act') and the Information Technology (Intermediaries Guidelines) Rules, 2011 ('Intermediaries Guidelines') sets out a framework providing for conditional safe harbour immunity to internet intermediaries from being made liable for third-party Intellectual Property ('IP') - infringing content. This article takes an objective look at the IP rights violations surrounding internet intermediaries and analyses the case laws where courts have interpreted the provisions of law concerning intermediaries liabilities for infringements in the cases of IP violations online, while transposing the principles of copyright, trademark and design infringements into the virtual space.