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September 7, 2024

Legal Issues Seminar-General IP (LIS-GIP) On “Is There A Threshold For The Extent Of Due Diligence Observed By An Intermediary To Avail Safe Harbour In A Trademark Infringement Suit?”

Featuring: Naman Keswani

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Naman Keswani, Trainee Associate, on “Is there a threshold for the extent of due diligence observed by an intermediary to avail safe harbour in a trademark infringement suit?”. The seminar discussed relevant provisions under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to determine whether the statute or the Rules provide any threshold for due diligence to be observed by an intermediary. The session analysed various judgments discussing whether merely adding disclaimers in the privacy policies and user agreements by the intermediaries is sufficient due diligence. The members also exchanged their views on whether informing the intermediaries regarding any infringing use of a trademark would amount to “actual knowledge” under the provisions of the Act.

The presentation can be accessed here.

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