*Head, FICCI, IPR Division
** Research Associate, FICCI
***4th year, B.A.L.L.B(H), Amity Law School, Amity University
Online published on 26 June, 2013.
The article starts by discussing events which led to the passing of the Information Technology (Intermediaries Guidelines) Rules, 2011 (herein after referred to as “The Guidelines”) and the extent to proposing amendments in the proposed model under the guidelines.
The article applauds the move to bring Intellectual Property under the scope of Intermediary Guidelines. The author attempts to examine the percussion of holding the Intermediary liable in situations of infringement of rights of IP owners and breach of freedom of speech and expression.
Further the author attempts to compare the statutory provisions of around 11 nations and suggests a model whereby all the segments of the society can benefit, without any entity being left to be heard.
Thereafter, the author discusses the present model and the proposed model, relating to the Guidelines. The author also makes relevant suggestions to make the existing model of law a more robust and effective one, which would further propel the growth of India.
The article has been divided in Chapters with each chapter highlighting the in depth analysis of the guidelines.
Intermediaries Guidelines, Information Technology, Liability of intermediaries, Freedom of speech and expression, Principle of natural justice, Proposed Model
