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ARTICLE · 18 DECEMBER 2020

Dynamic Injunctions To Tackle Digital Piracy In India

Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data.

IndiaIntellectual Property

Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they're expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights - dynamic injunctions.

What Are Dynamic Injunctions?

The modus operandi followed in most digital piracy cases is fairly template-driven. A judicial authority grants an injunction with regard to certain specific domain names that are guilty of hosting infringing content. Even as the original websites are taken down, mirror websites quickly and easily appear under other domain names and thus remain

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