article thumbnail

Trademark Enforcement In E-Market : Challenges In Identifying The Infringer And Holding Them Accountable

IP and Legal Filings

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 3] Section 2(1)(ua)(w), The Information Technology Act, 2000. [4]

article thumbnail

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. Conclusion By the financial year 2027, it is predicted that India’s online gaming market will have grown by 27% CAGR to $8.6

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Synergy Between Ipr And E-Commerce Platforms

IIPRD

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] The exception here is that due diligence must be exercised by them. In the case of Tiffany v.

article thumbnail

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?

article thumbnail

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.

article thumbnail

Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

Selvam & Selvam Blog

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

article thumbnail

An Overview Of The Legal Metrology Act, 2009 In Light Of The Latest Developments

IP and Legal Filings

After this date, the product should not be marketed/ sold. [12]. kg or 5 kg, bottled and marketed by a public sector undertaking) are excluded from the essential of declaration as to the month and year in which the commodity is manufactured or pre-packed.