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On 10th April 2019 by The High Court of Delhi at New Delhi, ordered an injunction restraining rogue websites who infringed copyright works of UTV Software Communications & Ors.Eight suits have read more
On 10th April 2019 by The High Court of Delhi at New Delhi, ordered an injunction restraining rogue websites who infringed copyright works of UTV Software Communications & Ors.
Eight suits have been filed by UTV Software Communications & Ors. and Twentieth Century Fox Film Corporation & ORS against 1337X TO and ORS, seeking an injunction restraining copyright infringement. The Defendants are accused of communicating the plaintiffs' original content/cinematographic works without authorization to the public. The Plaintiffs are a mass media conglomerate owned by Walt Disney Co. Ltd India. In this case, thirty websites are arrayed as defendants.
The plaintiffs alleged that the websites of the defendants allow streaming and downloading of copyrighted content of the plaintiffs. The business model of defendants is supported by revenue generated through advertisements, which are displayed on their websites. In connection with Section 65 of The Indian Evidence Act 1872, printouts and screenshots of infringement are gathered as evidence. The Plaintiffs prayed before the court to issue a permanent injunction restraining the defendants. They also made a prayer for an order directing Internet Service Providers to block access to the websites of the Defendants and directing registrar’s of the Defendant websites to disclose all communication details. However, the defendants didn’t the response to the summons and therefore the matter was decided ex parte (one side only). There were learned amicus curiae (friend for the court) for assisting the Court.
This is a case of online piracy which means an infringement of the copyright of a cinematography work in the cyberspace. Both Civil and Criminal remedies are available for the copyright holder. Here the Plaintiffs had applied for civil remedies.
The learned Advocates of Plaintiff supported their claim through various judgements of foreign courts. According to the judgements, most of the sites of Defendants were blocked. The Delhi High Court held that the Defendant-websites are liable for copyright infringement under Section 51 of the Copyright Act. Referring a decision of Singapore High Court, The Hon'ble Delhi Court ordered to block the Defendant-websites. The Court also held that these websites are rogue websites which are engaged in unethical practices.
Cinematography works should get an appropriate reward. Online piracy shrugs the credit of the work. Hence, The Court sought a suggestion of a fine from DOT and MEITY against the users of pirated content.
Patanjali Ayurved Limited (PAL) was established in the year 2006 and is a leading manufacturer and marketer of herbal, nature-based products and herbal medicines under the mark/logo "PATANJALI" in various read more
Patanjali Ayurved Limited (PAL) was established in the year 2006 and is a leading manufacturer and marketer of herbal, nature-based products and herbal medicines under the mark/logo "PATANJALI" in various classes and also in various countries and the mark/logo enjoys Trans-Border reputation and goodwill & the products are available globally through its authorized distribution channels.
It was brought to the knowledge of PAL, that the goods which were meant for the Indian Markets were being illegally exported. This lead to infringing there exclusive right to use the mark/logo under Section 29 (1) & (6) of the Trade Marks Act, 1999. After this, PAL filed complaints with Commissioner of Customs but the Customs Authorities told that the Intellectual Property Rules do not apply to exports and no action can be taken against the same.
After this PAL then filed a complaint against 12 entities in the Delhi High Court seeking an ex-parte ad-interim injunction for export of the goods in the International market, stating that PAL does not have any authorized channel for export and is only done through PAL itself under its IEC No.- 0506062686. PAL also mentioned that the packaging of the products for sale in the Indian markets was completely different from those of the exports. PAL further stated that the products exported by the companies do not comply with legal requirements whereas the PAL's products were according to the standards of the country where the products were being exported leading to a grave risk to the goodwill and reputation of PAL and also put a great impact on the sale of PAL goods.
The companies used the mark/logo of PAL without any license, permission or authority. PAL further mentioned that the goods were tampered or altered by putting stickers of the changed expiration dates which lead to a risk to the quality of the products and also the reputation towards it and also defrauding the general public. This lead to the creation of an unattended grey market which leads PAL to great risks towards the buyers thinking the products to be of PAL.
PAL also mentioned about Section 30(4) of the Trade Marks Act, 1999 which states that if the condition of the goods has been changed or impaired to put in the market, then the Proprietor can oppose the same, so the Court stated that the entities can alter the product but only under the said Section but here attaching the stickers and changing the facts about ingredients lead to material change in the product which attracted the said Section.
Justice Sanjeev Narula in its Order, restrained the respondents from exporting the goods of PAL though they were allowed to sell the goods in the Indian market. The next hearing of this matter is scheduled to take place on May 16, 2019. Justice was served to PAL as it would have caused a great damage/loss if the respondents were not restrained from exporting the said goods.
When I was Chief Justice of the Madras High Court one day I was sitting in my chamber during the lunch interval when 2 senior judges who were known to be very upright, and were sitting on the same bench, read more
When I was Chief Justice of the Madras High Court one day I was sitting in my chamber during the lunch interval when 2 senior judges who were known to be very upright, and were sitting on the same bench, came to meet me.
They were very upset and told me that a leaflet had been distributed in the High Court calling them fools, crooks etc. They showed me a copy of that leaflet, on reading which I started laughing. This made them more angry, and they said " Chief, we have been insulted, but you are laughing ".
At this I replied " Look, you chaps better learn to ignore all this, or you will get blood pressure ". Then I said that either the allegations were true, in which case they deserved the criticism, or they were false, in which case they are best ignored. Since these 2 judges were known to be very upright, the allegations in the leaflet were obviously false. So it was best to ignore them. In a democracy so many things are said, and notice need not be taken of all of them.
I mentioned about an English newspaper ' Daily Mirror ' which called the judges of the House of Lords who gave a certain verdict ( in the Spycatcher case ) ' You fools ', showing their photographs upside down. Mr. Fali Nariman, the eminent Indian lawyer, who was in London at that time, asked Lord Templeman, who was one of the judges on that bench why they did not issue contempt notice to the newspaper. Lord Templeman smiled, and said English judges do not take notice of all this.
After hearing me, the 2 judges, who were earlier furious, began smiling, and they tore up the leaflet and threw it into the waste paper basket.
I told them that this was an occupational hazard for judges, and they should develop a thick skin, otherwise it would impair their health. If they issue a contempt notice the matter would be further aggravated and may drag on for weeks or months, causing further tension to them, but if they do not, the matter would be forgotten the next day.
They took my advice, and the matter was forgotten the next day
THE NEED TO SET UP CVC The Central Vigilance Commission was set up by the Government in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, read more
THE
NEED TO SET UP CVC
The Central Vigilance
Commission was set up by the Government in February, 1964 on the
recommendations of the Committee on Prevention of Corruption, headed by Shri K.
Santhanam, to advise and guide Central Government agencies in the field of
vigilance.
CVC is an apex Indian
governmental body. It addresses governmental corruption. In 2003, the
Parliament enacted a law conferring statutory status on the CVC. It
The main purpose for
which this important body had been established was to ensure all sorts of
corruptions in government sector could be well prevented and addressed
minutely.
Central Government of
India formed CVC in the year 1964 as an important body that could take into
account the measures and steps to prevent all the corruptions especially the
governmental ones for a better system and governance.
The Government of India
has authorized the Central Vigilance Commission as the "Designated
Agency" to receive written complaints for disclosure on any allegation of
corruption or misuse of office and recommend appropriate action.
PRESENT
STATUS OF THE CVC
The CVC Bill was passed
by both the houses of Parliament in 2003 and the President gave its assent on September
11, 2003. Thus the Central Vigilance Commission Act 2003 came into effect from
that date.
Before Central
Vigilance Commission can take up investigations into corruption cases against
government officials, it has to be approved by the government. The Central
Vigilance Commission also publishes list of corrupt officials and recommends
punitive action against them.
COMPOSITION OF CVC
[Section
3(1)]
The Commission shall
consist of:
CVC is headed by a
Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.
[Section 10]
The
Vigilance Commissioner shall act as Central Vigilance Commissioner in the
following circumstances:
APPOINTMENT OF CENTRAL VIGILANCE COMMISSIONER
AND VIGILANCE COMMISSIONER
[Section.
3(3) and 4]
The President of India
appoints the Central Vigilance Commissioner and the Vigilance Commissioners on
the recommendation of the Prime Minister, Home Minister and the leader of the
opposition in the Lok Sabha.
The Central Vigilance Commissioner and the
Vigilance Commissioners shall be appointed from amongst persons—
·
an All-India Service;
·
any civil service of the Union;
·
a civil post under the Union;
A Secretary shall be appointed to the Commission on terms and conditions
to exercise such powers and discharge such duties as the Commission may by
regulations specify in this behalf.
REMOVAL OF CENTRAL VIGILANCE COMMISSIONER
AND VIGILANCE COMMISSIONER
[Section
6]
Any Vigilance
Commissioner can be removed from his office only by order of the President on the
ground of proved misbehavior or incapacity after the Supreme Court has
been referred the matter and an inquiry is conducted. The result of the inquiry
is such that the Central Vigilance Commissioner or any Vigilance Commissioner
needs to be removed.
The President may suspend
from office, and if deem necessary prohibit also from attending the office
during inquiry, the Central Vigilance Commissioner or any Vigilance
Commissioner in respect of whom a reference has been made to the Supreme Court until
the President has passed orders on receipt of the report of the Supreme Court
on such reference.
The President may, by order, remove Central
Vigilance Commissioner or any Vigilance Commissioner from office if such person
·
is adjudged an insolvent;
·
has been convicted of an offence
which, in the opinion of the Central Government, involves moral turpitude;
·
during his term of office engages
in any paid employment outside the duties of his office;
·
is, in the opinion of the President, unfit
to continue in office by reason of infirmity of mind or body;
has acquired financial or other interest
as is likely to affect prejudicially his functions.
FUNCTIONS OF CVC
[Section
8]
Main functions include
technical audit of construction works of governmental organizations from a
vigilance angle, investigation of specific cases of complaints relating to
construction works and assisting CBI in its investigations involving technical
matters.
|
IN
REFERENCE TO |
FUNCTIONS |
|||
|
The Central Government, corporations established by or under
|
1.
advice on such matters as may be referred to it 2.
exercise superintendence over the
vigilance administration of their various Ministries. |
|||
|
Offences under the Prevention of Corruption Act, 1988,
or CrPC, 1973 |
|
|||
|
Other functions |
|
|||
PROCEEDINGS
OF CVC
[Section 9]
The
Commission shall be deemed to be a civil court. Every proceeding before the
Commission shall be deemed to be a judicial proceeding. Hence the Commission
has the power to
1.
summon and enforce the
attendance of any person;
2.
require discovery and
production of any document;
3.
receive evidence on
affidavits;
4.
requisition any public
record or a copy from court;
5.
issue commissions for
examination of witnesses etc.
The
proceedings of the Commission shall be conducted at its headquarters.
The
Commission shall abide by the rules of procedure in regard to the transaction
of the business as provided by regulations.
If
the Central Vigilance Commissioner is for any reason unable to attend any
meeting of the Commission, the senior most Vigilance Commissioner present at
the meeting, shall preside at the meeting.
No
act or proceeding of the Commission shall be invalid merely by reason of-
1.
any vacancy in, or any
defect in the constitution of, the Commission; or
2.
any defect in the
appointment of a person acting as the Central Vigilance Commissioner or as a
Vigilance Commissioner; or
3.
any irregularity in
the procedure of the Commission not affecting the merits of the case.
IS CVC A POWERLESS
AGENCY?
The CVC is not an
investigating agency. The only investigation carried out by the CVC is that of
examining Civil Works of the Government which is done.
There are certain
limitations to CVC. These are
As a result, although
CVC is relatively independent in its functioning, it has neither resources nor
powers to inquire and take action on complaints of corruption that may act as
an effective deterrence against corruption.
Hence, CVC is often considered a powerless agency as it is treated as an advisory body only with no power to register criminal case against government officials or direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above.
The income tax department (IT) is always facing pressure from the government to enhance collections so that the financial deficit running in billions of Rupees can be trimmed. Therefore, it keeps coming read more
The income tax department (IT) is always facing pressure from the government to enhance collections so that the financial deficit running in billions of Rupees can be trimmed. Therefore, it keeps coming up with some or the other new tricks up its sleeve.
Now, the tax sleuths are getting ready to crack whip on the tax defaulters to recuperate tax payments due from them.
In order to accomplish the targeted tax collections – IT is channelizing its troops to maximize the recovery of tax collections via deducting the monies due directly from the tax defaulters’ bank accounts.
Recovery of recovering outstanding taxes gets multiplied with the fact that the central government is taking a “generous approach” in relation to Goods and Services Tax collections as most of small/medium scale companies are already reeling under the financial burden.
As per the existing laws, IT has the authority to attach the bank account of a tax defaulter and order the banks to deposit the tax dues into IT designated bank account.
With the inception of special provision in tax laws, IT will be competent to directly deduct the tax dues from tax payers’ banks/debtors. IT was forced to invoke this special provision to amass the tax dues as the tax payers’ banks/debtors failed to acknowledge/respond to tax notices issued to them by IT.
Notices were also sent to debtors of companies directing them to channelize the (dues owed to the companies) to the IT department bank account rather than paying dues to the companies.
Taking cognizance of the notices, it is the duty of banks to deduct the tax amounts from the tax payer bank account and credit such amount directly into IT bank account – however, Banks/debtors inability to respond to tax notices is the primary reason for the existing course of action taken by IT.
IT is employing a twin strategy for tax collections – Directly deducting tax dues from tax payer bank account via freezing the account/ Procurement of tax dues from the taxpayer’s debtors.
It is first time that the debtors are being issued notices by the IT - as a consequence, the reputation of many companies/persons is at stake. Initiation of the garnishee proceedings will certainly jeopardize the reputation/business of tax defaulters causing considerably financial/business loss.
Pursuant to the authority conferred on IT by Section 226(3) of the Income Act - Notices of garnishee proceedings are issued to banks and debtors of tax defaulters.
Taxpayers should realize the implications of the non-payment of tax on the reputation and business of persons/companies. Defaulting taxpayers may find it very tough to get away from the radar of IT as IT is fully equipped with right tools to hunt down the tax evaders and recuperation the tax dues from the tax defaulters.
It is high time for taxpayers to pay all tax dues within the prescribed time to escape the prospect of tax collection directly from taxpayer bank account/debtors, given the new drive.
Central Board of Secondary Education (CBSE) v. Aditya Bandopadhyay & Ors(2011)This judgment came in the year 2011. By virtue of this judgment, now the students who are aggrieved by the evaluation read more
Central Board of Secondary Education
(CBSE) v. Aditya Bandopadhyay & Ors
(2011)
This judgment
came in the year 2011. By virtue of this judgment, now the students who are
aggrieved by the evaluation can claim their evaluated answer books to be
inspected. They can also take a certified copy of the paper under RTI Act. But
this can be done only during the time the authorities are expected to maintain
and retain the answer book of all examinees under.
Rupa Ashok Hurra V. Ashok Hurra
(2002)
This case related to curative
petitions. The Supreme Court has held that Article 32 can be brought into picture
only when the matter relates to enforcing the fundamental rights. It is
established that no judicial order passed by any superior court in judicial
proceedings can be said to violate any of the fundamental rights.
T.M.A. Pai Foundation v. State of
Karnataka
(2002)
The Apex Court laid down a guideline
that the right of minorities does include the right of determining the
procedure and method of admission and selection of students which is fair and
transparent and based on merit for professional and higher education colleges.
In case of aided institution, for
non-minority students, the State can regulate the admission which has to be
merit-based subject to reservation policy of the State. Merit to be determined
by an entrance test or by any other method with consideration for weaker
sections.
Supreme
Court Advocates on Record Association Vs. Union of India
(1993)
The Supreme Court held that the
Chief Justice of India's role in appointing the Judges of Apex Court is unique,
singular and primal but participatory vis-a-vis the executive on a level of
togetherness and mutuality, and neither he nor the executive can push through
an appointment in derogation of the wishes of the other.
Bangalore Water Supply And Sewerage
Board Vs A. Rajappa
(1978)
In this case, Supreme Court has held
that the Bangalore Water Supply and Sewerage Board does fall under the
definition of the industry and by justifying this it gave an elaborating
definition of industry.
A.R.Antulay v R.S.Nayak
(1998)
This is a landmark judgment in which
it was held that a legal remedy can be claimed by the applicant as a
matter of right and the Court cannot refuse by virtue of the maxim ex
debito justitiae. Neither party is prejudiced by any accidental or
unavoidable action or omission of the Court as the maxim actus curiae
neminem gravabit has to be applied.
I.R.Coelho V. State of Tamil Nadu
(2007)
The Apex Court held that the
constitutional validity of 9th schedule laws can be adjudged by applying
the test of rights that is direct impact and effect
test. It requires that it should be in the form of determinative factor. The
Courts are to determine whether the basic structure has been violated or not
only after applying this test.
M/s. SBP & Co. v. M/s. Patel
Engineering Ltd. and Anr
(2005)
The Bombay High Court held that a
mere oral evidence of a document (signed between the parties) is not to be
considered as a written arbitration agreement which is defined under
Section 7(4) of the Act. Thus, oral agreements cannot be deemed to be
valid arbitration agreements.
Vodafone International Holding vs
Union of India
(2012)
In
a landmark judgment, the Supreme Court has given recognition to the following:
P.A. Inamdar V. State Of Maharashtra
(2004)
The Supreme Court decided upon the
fixation of quota in respect of unaided professional institutions and to
the holding of examinations for admission into such colleges. The Court prima
facie held that the institutions must fill the seats in the ratio of 50:50 as a
temporary measure without prejudice to the contentions of the parties for the
purpose of the final disposal.
Samsher Singh V. State Of Punjab
(1974)
The Apex Court in this case has held
that a probationer's service can be validly terminated if the Authority is
satisfied that he is inadequate or unsuitable for the job due to moral
turpitude or temperamental reasons etc. It is not necessary that a formal
inquiry is arranged for in such cases.
Indira Swahney V. Union Of India
(1992)
In this case, the Hon'ble Supreme
Court has upheld the implementation of various reservations for OBC (Other Backward Classes) in jobs falling under the category of Central Government.
Vishakha V. State Of Rajasthan
(1997)
Supreme
Court had laid down guidelines to be followed while dealing with sexual
harassment at workplace. These guidelines were stipulated by the Apex Court
stating that these guidelines have to be mandatory followed until a proper
legislation is passed governing the issue of sexual harassment at workplace.
Pradeep Kumar Biswas v. Indian
Institute of Chemical Biology
(2002)
Two questions were put before
Supreme Court: (i) whether CSIR was a State within the meaning of Article 12,
and (ii) if yes, whether the Supreme Court should reverse the decision to the
contrary in the above Sabhajit Tewary case. It was held by the
Court that CSIR does fall within the definition of a State under Article 12 of
the Constitution of India.
Daniel Latifi V. Union Of India
(2001)
The Supreme Court was to decide on
the maintenance of ex wife beyond the Islamic Law. The Court interpreted the
Islamic family law in a manner which struck a balance between promoting
equality for Muslim women. This avoided the amendment of Muslim personal law.
Ms Githa Hariharan V. Reserve Bank
Of India
(1999)
The Supreme Court relied upon gender
equality principles mentioned in the Indian Constitution, CEDAW and UDHR and
upheld the constitutional validity of Section 6(a) HMGA, 1956. It held that
both the father and mother are natural guardians of a minor Hindu child. The
mother cannot be given the status of a natural guardian only after the father's
death as it would be against the child's welfare.
Sangeet V. State Of Haryana
(2013)
The Court held that a prisoner who
is sentenced to transportation for life bears no indefeasible right to an
unconditional release when the particular term expires. It said: “The
rules under the Prisons Act do not substitute a lesser sentence for a sentence
of transportation for life.”
Mafatalal Industries V. Union Of
India
(1997)
The Supreme Court has had decided
upon the rights and remedies which are available to the citizens of India
against the State when the taxes and imposts are unlawfully recovered from
them. The following were held:
"If non-disclosure of interest
is likely to affect the voting pattern of the class of creditors or
shareholders who are called upon to vote on the scheme, then only such special
interest of the director is required to be communicated to the voters as per
Section 393(1) (a).
The Scheme of Compromise and
Arrangement is neither unfair nor unreasonable to the minority shareholders
represented by the appellant."
Centre For Public Interest
Litigation V. Union Of India
(2012)
The Supreme Court has in this case
held that when the State is to alienate the natural resources, it is its duty
to call for auction by publicizing it to the public at large so that all the
interested and eligible persons can take part in the auction process.
State of W.B. v. Committee for
Protection of Democratic Rights
(2010)
The Apex Court has held that while
exercising its jurisdiction under Article 226 of Constitution of India, the
High Court can direct the Central Bureau of Investigation to investigate any
offence which is cognizable and alleged to have been committed within the territorial
jurisdiction of the State. The consent of State Government is not necessarily
to be taken for directing this.
Amrinder Singh V Punjab Vidhan Sabha
(2010)
It was held that the breach can be established only when his act has a direct nexus with the duties or responsibilities entrusted upon him. This also includes his functions as a legislator. Exercising the legislative privileges for the purpose of punishing past acts was held as improper for the 13th Punjab Vidhan Sabha for claiming breach of privileges on the basis of alleged misconduct which in actual took place in the 12th Vidhan Sabha.
IntroductionNowadays, many people are becoming a part of social media by signing up for profiles for the purpose of building connects. Some have as low as a handful of friends or followers while some read more
Introduction
Nowadays, many people
are becoming a part of social media by signing up for profiles for the purpose
of building connects. Some have as low as a handful of friends or followers
while some crave for having thousands of them.
Social media is a very
good platform for outsourcing one's knowledge, news etc. provided that it is
used only in the rightful manner. But there exist a part of the population who create
fake profiles to spam legitimate users by posting illegal or inappropriate
content. Such motive may be derived from
personal reasons (grudges) or a mental sickness to harass the known persons.
The most used social
media platform are
·
Facebook
·
Twitter
·
Instagram
·
LinkedIn
Types of Social Media Crimes
The
following are the prevalent forms of social media crimes
1. Online Threats, Stalking, Cyber bullying
This is the most commonly reported crime which involves people making threats, bullying, harassing and stalking other person's social media profile. there is no as such punishment for this act, so the victims keep silent, instead of approaching the police..
2. Hacking and Fraud
The technical definition of hacking is the gaining of unauthorized access to data in a system or computer. Thus, logging into a friend's account and posting something embarrassing just for fun, can actually turn out to be a criminal activity. Apart from this, creating fake account to trick people can also be made punishable.
3. Buying Illegal Things
Social media has proved to be a very good platform for the businessmen/women. Those whose pocket doesn't allow them to conduct newspaper or radio advertisements, can do so by creating an online portal on their social media profiles. But, with the advancement of technology, it is the customers who have to be very careful while purchasing any good or service from such people as most of the time it is the quality that suffers. Also, connecting over social media to buy drugs, or other regulated, controlled or banned products is probably illegal.
4. Posting Videos of Criminal Activity
The smartphone and social media have started growing hand in hand. This gives courage to the criminals to post a video of them carrying out the criminal or illegal activities. For example, in today's world, many people who commit suicide, post a video message and the whole procedure they adopted to carry out the illegal act of suicide. This may prove useful to the Authorities for catching the main person behind the suicide, but at the same time it encourages many more to do the same.
5. Vacation Robberies
Though not actually a social media crime, but vacation robberies is one of the budding concepts. If you vacation updates are public on your social media accounts, then the burglars may find a very good opportunity to raid your house and commit theft.
The following
preventive measures can be taken against being a victim of cyber crime
1. Blocking profiles
from public searches.
2. Restricting who can
find you through online search.
3. Limiting your details
on social media platforms, unless it is a necessity to do so.
4. Logging out of the accounts after each session.
5. Not sharing social media credentials with anyone, whosoever it be. (exception: with the police and persons in Authority for investigative purposes)
6. Not accepting friend requests from unknown persons.
7. Not clicking on suspicious links. (example: exciting offers on e-commerce website links)
8. Keeping the privacy settings of your social media profile at the most restricted levels, especially for public/others.
9. Remembering that information scattered over multiple posts, photographs, status, comments etc. may together reveal enough about you to enable a fraudster to steal your identity and defraud you.
Judicial
Approach to Crimes committed on Social Media Platform
1. The State (Cyber Cell) v. Yogisha @ Yogesh Pandurang Prabhu
r/o. Vashi
The Bombay Court sentenced the accused simple imprisonment for three months as he had by electronic means on social media transmitted the petitioner's pictures. He was charged under Section 66E.
2. State of A.P. v. State of A.P.
In this case, the website and research reports were hacked. It was alleged that the accused had downloaded various e-Reports through some free public sites. The Hyderabad Court found the accused guilty under Sec.66 of Information Technology Act 2000 and sentenced him to rigorous imprisonment for 2 years along with a fine of Rs. 10,000/-. If he defaulted in making the payment, he would undergo simple imprisonment for a term of 6 months.
Conclusion
We make our lives public by sharing everything
with the people on our accounts. Most of the cyber crimes are either done by
fraudsters or by someone you know in the close circle. It could be your friend,
relative, employee, colleague, your ex-boyfriend/girlfriend. So, it is
essential for you to set your privacy settings at the most restricted levels
and in a way that the persons you are not connected with can see the least of
your details. So, apply maximum caution while sharing anything online.
On 4th February 2019, the Delhi High Court awarded ₹3.85 crore to Whatman International Ltd. in a Trademark infringement lawsuit. Whatman International is a healthcare company specialising in read more
On 4th February 2019, the Delhi High Court awarded ₹3.85 crore to Whatman International Ltd. in a Trademark infringement lawsuit. Whatman International is a healthcare company specialising in laboratory filtration products and separation technologies. Whatman Internation was founded by James Whatman in 1740 and is named after the founder himself. The company owns the mark ‘Whatman’ which it uses to sell its products.
The company came to know that infringers were using Whatman Trademark to produce, sell and market counterfeit Whatman products in India, such activity came to the company’s notice in 1992 and after that in 2005. The defendants had given multiple undertakings to the company to stop the activity of such infringing nature, however, they continued to infringe on Whatman Trademark, and in the light of the issue, Whatman International approached the Delhi High Court.
A team of police officers were sent to the factory location of the defendants. At the factory the police seized multiple counterfeit Whatman Products; however, the company claimed that Whatman International does not have any reputation or goodwill in India due to which they cannot claim exclusivity over the Whatman Trademark in India.
However, the Court felt otherwise and decreed the suit in favour of the company and further stated that the chronology of events shows illegalities, repeated violations and disobedience of undertakings from the defendant’s side. Thus, the Court held that defendants were ‘deliberate and conscious’ hence, deserve to be punished under the law. The Court awarded 3.85 crores to Whatman International and directed the defendants to pay such amount within 3 months.
A Trademark application was filed to register a container by BMB, a Polish confectionery firm, who manufactures Mik Maki sweets. The Trademark was opposed by Ferrero, maker of Tic Tac mints, as BMB’s read more
A Trademark application was filed to register a container by BMB, a Polish confectionery firm, who manufactures Mik Maki sweets. The Trademark was opposed by Ferrero, maker of Tic Tac mints, as BMB’s mark violated a shape mark it uses for Tic-Tac containers.
The General Court objected that the mark filed by BMB can lead to confusion with the mark already filed by Ferrero. The appeal to file the mark by BMB was rejected this earlier month by The Court of Justice of The European Union (CJEU), ruling that the General Court was correct in its earlier judgment.
BMB’s shape trademark was registered on November 15 2007 with the European Union Intellectual Property Office (EUIPO). Ferrero filed an application aiming to declare the trademark invalid on July 11, 2011. Ferrero's own trademark registered on March 12 1974, in France for a 3D shape. The Cancellation Division said, “There could be confusion and annulled BMB’s trademark on April 25, 2012”. BMB appealed the decision. But this was dismissed by the Third Board of Appeal of EUIPO in a decision on September 8, 2015.
The EU General Court this month upheld the September 2015 ruling, following another appeal by BMB. It ordered BMB to pay Ferrero’s costs. Ferrero told us in a statement: “Ferrero is pleased with the Decision of the General Court, which confirms that investments in important brands can be protected against third parties attempts to take unfair advantage from their popularity.”
The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry, has recently awarded GI Tag to Five Indian Coffee Varieties namely Coorg Arabica coffee from Karnataka, read more
The Department for Promotion of Industry and Internal Trade, under the Ministry of Commerce and Industry, has recently awarded GI Tag to Five Indian Coffee Varieties namely Coorg Arabica coffee from Karnataka, Wayanad Robusta coffee from Kerala, Chikmaglur Arabica from Karnataka, Araku Valley Arabica from Andhra Pradesh, and Bababudangiris Arabica coffee from Karnataka. A Geographical Indication (GI) is a name or sign used on certain products which correspond to a specific geographical location or origin, for example, a town, region, or country. This is expected to help the coffee farmers to get the maximum price for their premium produce.
Araku Coffee is produced by the Tribal in Andhra Pradesh and they follow an organic approach in which they focus on practices that involve substantial use of organic manures, green manuring and organic pest management practices, this information was provided by the ministry. Bababudangiris Arabica coffee is a selectively hand-picked and processed by natural fermentation.
In India, coffee is cultivated in about 4.54 lakh hectare by 3.66 lakh coffee farmers of which 98 per cent are small farmers. Due to the geographical conditions, coffee cultivation is mainly done in the southern states of India including Karnataka, which accounts for 54 per cent of the total production. It is followed by Kerala (19 per cent), Tamil Nadu (eight per cent). It is also grown in non-traditional areas such as Andhra Pradesh and Odisha (17.2 per cent) and North East states (1.8 per cent).
The only country in the world where the entire coffee cultivation is grown under shade in India, the coffee beans are hand-picked and sun-dried, it said that our country produces some of the best coffee in the world which is grown in the two major bio-diversity hotspots in the world by tribal farmers in the Western and Eastern Ghats. Indian coffee is sold as premium coffee in Europe and highly valued in the world market.
“The recognition and protection that comes with GI certification will allow the coffee producers of India to invest in maintaining the specific qualities of the coffee grown in that particular region. It will also enhance the visibility of Indian coffee in the world and allow growers to get the maximum price for their premium coffee,” Ministry added.
GI is primarily an agricultural, natural or a manufactured product (handicrafts and industrial goods) originating from a definite geographical territory. Typically, such a name conveys an assurance of quality and distinctiveness, which is essentially attributable to the place of its origin like Darjeeling Tea, Tirupathi Laddu, Kangra Paintings, Nagpur Orange and Kashmir Pashmina are among the registered GIs in India. Experts said that award of GI tag gives protection to the producer of those genuine products, which commands premium pricing in the markets both domestic and international.
“Once the GI protection is granted, no other producer can misuse the name to market similar products. It also provides comfort to customers about the authenticity of that product,” National Intellectual Property Organisation (NIPO) President T.C. James said. “Such products also get premium pricing in the markets, he added.

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S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
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Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
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Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
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Time-sensitive information
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Information which infringes any patent, trademark, copyright or other proprietary rights.
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Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
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In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
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Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
remove reviews.
Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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