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Delhi HC answers: When can an E-commerce platform Claim immunity as an Intermediary u/S 79, IT Act?

 

When can an E-commerce platform Claim immunity as an Intermediary u/S 79, IT Act? Delhi HC answers 
Meera Emmanuel 
Nov 03, 2018 
The Delhi High Court has ruled that an e-commerce platform cannot claim legal immunity as an intermediary under Section 79 of the Information Technology (IT) Act, if it is found that the entity played 
an active part in enabling a violation of Intellectual Property Rights (IPR). 
Justice Pratibha M Singh clarified this position while disposing of an trademark infringement suit brought 
by luxury Shoe manufacturer, Christian Louhoutin against the proprietors of wwæ.darveys.com (Darveys), a website offering branded luxury items. As noted in 
the judgment, 
"When an e-commerce company claims exemption under Sec/ion 79 01 the ITAct, it ought to ensurc [hat it does not 
have an active particiPation in the selling Process. The Presence of any elements æhich shoæs active 
particiPation could deprive intermediaries 01 the exemption. "

The decision is here https://www.dropbox.com/s/p5796n6kleoy2e8/Christian%20Louboutin%20v.%20Nakul%20Bajaj%20%20-%20DelhiHC%202November2018.pdf?dl=0


(contributed by Shailendra Bhandare shailendra.bhandare@khaitanco.com)