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The Evolving Legal Landscape of Intermediary Liability in India: A Deep Dive

October 2024
LiabilityFMCG

Abstract

India’s tryst with internet intermediary liability can be traced back almost two decades to when the Information Technology Act (IT Act), 2000 saw the light of day. With the rapid evolution of both the internet and its users in India, it would not be a stretch to say that the legislators in India have had to constantly ensure that the applicable laws stay updated and relevant. Going forward, given the recent framing of rules – ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (2021 Rules)’, intermediaries will face an increasing compliance burden and more stringent due diligence obligations. This article is a deep dive into the changing landscape of intermediary liability in India. Some of the landmark case laws that have led to this evolution have also been discussed.

Authors

Portrait image of Amit Sindhwani
Amit Sindhwani
Head of IPR, Usha International, India

Amit Sindhwani is a Law graduate from the University of Delhi. As an independent IP Attorney prior to his current in-house position, he had been handling IP matters at all level levels of the judiciary as well as before other authorities involved in customs recordations, opposition/cancellation actions before before the Trade Marks Registry and Appellate Courts, domain name disputes and other cross-border matters including criminal enforcement by way of search and seizure operations . Over the years, he has been involved in several high profile and path breaking cases in the field of trademark, copyright, design, patents and anti-counterfeiting actions. At present, he is working as HEAD (IPR) with the Shriram group of companies, mainly comprising of Usha International Ltd., Mawana Foods Ltd and Mawana Sugars Ltd. Shriram group is a diversified conglomerate with the business spread in the areas of consumer durable such as fans, sewing machine, appliances, edible oils, sugars etc., owning the well-known and reputed brands like USHA, MAWANA, etc. As IP Head, he has had the privilege of filing and prosecuting of trade mark applications in more than 120 countries across the globe and enforcing the rights by way of diverse oppositions/cancellations and court actions in various Middle East and South Asian countries. He has 20 years of rich experience in the field of IP starting from conceptualization, prosecution of IP, included but not limited to strategizing complex IPR litigation.

Portrait image of Rajendra Kumar
Rajendra Kumar
Founding Partner RKR & Partners, RKR & Partners, India

Rajendra Kumar is founder of the IP law firm, RKR & Partners. He has been practicing intellectual property laws for the past almost 40 years, of which the last 29 years as a co-founding member of the IP law firm, K&S Partners where he chaired the litigation practice of the firm relating to trademarks, copyrights and geographical indication disputes. He holds a PG diploma in UK, US and European Laws of Copyrights and Related Rights from Kings College, London, United Kingdom. RKR & Partners is a new IP Venture of Rajendra Kumar. The new venture continues his journey as an IP lawyer- a journey that goes back almost four decades to 1984.

Companies

Usha International logo

Usha International

Usha International Ltd. an Indian multinational manufacturer and marketer of Home Appliances and other consumer durable products that include sewing machines, electric fans, electrical and household appliances, water coolers, juicer mixer grinders, electric Irons, toasters and Inverters etc. These products are sold under the renowned and well-known mark USHA which was adopted in the year 1936. The company headquartered in Gurgaon, Haryana is part of the Sidharth Shriram Group and is today amongst India’s most dynamic and reputed business houses since 1934. The Company has an annual revenue of Indian Rupees 3000 crores with 5000 employees working from 16 regional office, head offices, manufacturing plants in Kolkata and Hyderabad and overseas offices in China and Sri Lanka. The Company has a All-India retail presence with 60 company showrooms and logistics supported by 33 warehouses. The International operations of the Company started in the year 1946 and at present the company is exporting its products to 32 countries of the world. International Tie -ups Currently, the Company has an association with Hunter Fan Company, USA, Janome Sewing Machine Company, Japan, Midea Appliances, China.

RKR & Partners logo

RKR & Partners

RKR & partners is a new IP Venture of Rajendra Kumar. The new venture continues his journey as an IP lawyer- a journey that goes back almost four decades to 1984.

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