Skip to main content

E-commerce may have heralded plentiful choice, but cheaper prices don’t always guarantee a quality or genuine product.

Brand owners have been plagued with the sale of counterfeits being sold on e-commerce platforms for some time now. The only quick remedy are takedown notices, which is akin to swatting bees with a hammer. Sending takedown notices not only requires brand owners to be on a constant vigil, but sometimes proves ineffective due to the different safe harbour provisions provided under the different IP laws in India.

In Shreya Singhal v. Union of India, the Supreme Court, while interpreting Section 79 in the context of certain allegedly defamatory remarks posted online, laid down that the “notice” of an illegal act on its platform can be brought to the attention of an intermediary only through a court order, as an intermediary is not equipped to determine the legality of the content hosted on its website.

Authored by Pravin Anand and Nishchal Anand.

This article was published in Asia IP June/July 2016.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Oct 27, 2026

When a pharmaceutical company develops a new formulation of an existing drug, is it creating a genuine innovation or extending its monopoly over a medicine

Evergreening or Genuine Innovation? The Patentability of New Drug Formulations in India
News & Updates, Thought Leadership
•
Oct 23, 2026

Imagine a researcher using artificial intelligence to identify a new material, a pharmaceutical team using machine learning to discover a promising compound,

Can AI-Assisted Inventions Be Patented in India?
News & Updates, Thought Leadership
•
Oct 20, 2026

Every time someone publishes an article, uploads a photograph, releases a song or shares research online, they contribute to an expanding body of human

Who Owns Internet’s Knowledge? Copyright, AI Training and Indian Law
News & Updates, Thought Leadership
•
Oct 17, 2026

An active pharmaceutical ingredient (API) is the substance responsible for a medicine’s therapeutic effect. Developing one can involve years of chemical

API Process Patents in India: Key Patent Infringement Disputes and Court Decisions