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ARTICLE · 10 MARCH 2017

Takedown Notice Of Infringing Content Over Internet

S.S. Rana & Co.
S.S. Rana & Co.
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S.S. Rana & Co.

S.S. Rana & Co.

Established in 1989, S.S. Rana & Co. is a premier intellectual property and corporate law firm...

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A very challenging aspect of issuing a remedy post infringement stems from the problem of identification of an infringer.

IndiaIntellectual Property

In an era wherein Copyright protected material can easily be duplicated and disseminated around the globe. It is imperative that there is a desperate need to protect the already protected material against any infringement. One of the remedies available to copyright holders is to issue Take Down Notices to an Internet Service Provider stating that the concerned website hosts any content which infringes the right of the copyright holder. Further, necessary information regarding the infringing content is duly provided and the host website is requested to take down such content. As a signatory to the TRIPS Agreement and being a WTO member country, India has introduced Internet Service Providers liability provisions under Copyright Act, 1957, Information Technology Act, 2000 and rules framed thereunder.

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