IA No. 4439 of 2022 in CS (Comm) No. 176 of 2022 Date of decision: 14th February, 2022 Brief Facts: Plaintiffs’ Contentions: Defendants’ Contentions: Court’s Observations: The application for temporary relief was dismissed.
Neetu Singh & Anr. v. Telegram FZ LLC & Ors. 2022 SCC Online Del 2637 Brief Facts: Plaintiffs filed the suit seeking permanent injunction restraining infringement of copyright, damages and other reliefs in respect of unauthorised dissemination of Plaintiffs’ copyrighted materials. Defendant No. 1 is operator of is a messaging platform which enables transmission of…
Introduction As per Section 101 (2) (zg) of the Consumer Protection Act, 2019 (hereinafter ‘CPA’), the Central Government has the power to make rules to prevent unfair trade practices in e-commerce space. The Central Government has recently exercised its power and has notified the Consumer Protection (E-Commerce) Rules, 2020 on 23rd July, 2020. Thus, the…
While flying drone in India is not illegal, there are certain regulatory restrictions in India that you must be aware of before you make a hefty investment in buying a drone. Further, you must have a clear understanding of all operational and regulatory issues, to avoid landing into deep trouble, like, your drone being confiscated…
Kent RO Systems Ltd. and Ors. v. Amit Kotak and Ors. 2017 (69) PTC 551 (Del) In this case, Plaintiff wanted the Hon’ble Court to hold that once the Plaintiff has lodged a Complaint before the Defendant No. 2 (Intermediary under the IT Act, 2000) with respect to the offending prouduct of the sellers, the…
Office of the Director General of Civil Aviation (“DGCA”) recently invited comments on Draft Air Transport Circular XX of 2016 (“Draft Guidelines”) which intends to lay down guidelines for operations of Civil Unmanned Aircraft System (“UAS”) in India and registration of such UAS by way of Unique Identification Number (“UIN”) through its notification dated April…
How should I maintain the records of patient in electronic form? Section 7 of the Information Technology Act, 2000 (“Act”) requires such documents, records or information to be retained in the electronic form in such a manner that— the information contained therein remains accessible so as to be usable for a subsequent reference; the electronic…
Company as an OSP ‘Terms and Conditions – Other Service Provider (OSP) Category (“OSP T&C”) defines OSP as a company providing ‘Application Services’, like, tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, call centre, network operation centre and other ‘IT Enabled Services’, by using ‘Telecom Resources’ provided by Authorised Telecom Service Providers. The term ‘Telecom resources’ is defined…
How Payment Gateway Works Image from here Mandatory Authorization As per the Payment and Settlement Act, 2007 (“Act”), such service provider will come under the definition of ‘system provider’ which means a person who operates an authorized payment system.[1] The Act, vide its Section 5(1) mandates authorization by RBI for commencing or carrying on a…
Shreya Singhal vs. Union of India[1] Supreme Court in its landmark judgment, Shreya Singhal vs. Union of India on March 24, 2015, struck the Section 66A of the Information Technology Act (“Act“) which provided punishment for sending offensive messages through communication service, including internet. It is to be noted that Section 66A was not in the…
What is Encryption? Schedule V of the Information Technology (Certifying Authorities) Rules, 2000, defines encryption as- “The process of transforming plaintext data into an unintelligible form (cipher text) such that the original data either cannot be recovered (one-way encryption) or cannot be recovered without using an inverse decryption process (two-way encryption).” Cryptographic techniques are generally…
CITATION: 2013 (54) PTC 578 (Mad) FACTS In this case, the appellant was a private limited company providing online matrimonial services. In the course of its business, it had adopted several trademarks including, inter alia, Bharatmatrimony, Tamilmatrimony, Telugumatrimony, Assamesematrimony, etc. and registered several domain names with these word marks. The respondents (Google India and its parent…