In this post we revisit the IP Updates ie., any amendments, ordinances, notifications, and other information related to IP published in the year 2021. For reader’s convenience it has been divided into parts, please find the link to the next part towards the end of this post.
THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021- A BRIEF NOTE
The Government of India through the Ministry of Electronics and Information Technology (MietY) has recently issued a notification, for implementing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (2021 Rules). Apart from its application to intermediaries as defined under section 2(w) of the Information Technology Act, 2000, the new rules are applicable to Social Media Intermediaries (SMIs), Significant Social Media Intermediaries (SSMIs) and Digital Media Platforms (DMPs). Additionally, Original Curated Content Platforms (OCCPs) have also been brought under the ambit of these new rules.
In order to ensure the effective implementation of the 2021 Rules, these guidelines include several new mechanisms as compared to the Information Technology (Intermediaries Guidelines) Rules, 2011 (2011 Rules). The new guidelines are aimed at increasing the liability of intermediaries with regard to the information being made available by them. The added mechanisms ensure that the intermediaries take immediate action with regard to any unlawful or infringing information being made available by them. Some of these mechanisms are highlighted below.
For Intermediaries (SMIs and SSMIs)
Due diligence and Grievance redressal:
- The 2011 Rules required intermediaries to maintain records of the content and related information for a period of ninety days after receiving a complaint with regard to such content. The 2021 Rules require intermediaries to maintain the records of any content referred to in a complaint for a period of one hundred and eighty days or more as may be notified by the authorities, for the purposes of further investigation.
- As per the 2021 Rules, the information collected from a user by an intermediary for registration on the computer resource, shall be retained by the intermediary for a period of one hundred and eighty days after any cancellation or withdrawal of the user’s registration, as the case may be.
- SSMIs are required to expressly provide details of the ownership and/or origin of the information being made available to the users on the platform.
- SSMIs must allow the users who either register for their services or use their services within India, to voluntarily verify themselves as per the mechanism deemed appropriate by the SSMI. After being verified, the respective user must then be provided with a verification mark that is visible to all the users of the service.
For Digital Media Platforms
Code of Ethics and Safeguards:
- The Code of Ethics and Safeguards are applicable to the publishers of news and current affairs content and publishers of online curated content.
- Under the new guidelines, the Grievance Redressal Mechanism has been divided into three levels:
- Level I is the Self-regulating Mechanism which requires the publishers to establish a grievance redressal mechanism and appoint a Grievance Officer based in India, to resolve the grievances received by him as per the guidelines provide for the same.
- Level II requires establishing one or more self-regulating bodies consisting of publishers, which will be an independent body constituted by publishers or their associations. Following this, the self-regulating body must register itself with MeitY, within a period of thirty days after these rules have been notified.
- Under Level III of the mechanism:
- MeitY shall co-ordinate and facilitate the adherence to the Code of Ethics by publishers and self-regulating bodies, develop an Oversight Mechanism among other functions as prescribed under the 2021 Rules.
- MeitY shall constitute an Inter Departmental Committee, called the Committee, consisting of representatives from the Ministry of Information and Broadcasting, Ministry of Women and Child Development, Ministry of Law and Justice, Ministry of Home Affairs, Ministry of Electronics and Information Technology, Ministry of External Affairs, Ministry of Defence, and such other Ministries and Organisations, including domain experts, that it may decide to include in the Committee.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, include news aggregators and news publishers as well within its purview. However, this has been challenged by several journalists through a petition filed in the Delhi High Court, claiming that the new rules are not applicable to news media entities. The Delhi High Court has subsequently notified the Centre, while seeking a response to the petition.
Link to the post: https://www.bananaip.com/ip-news-center/the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021-a-brief-note/ dated MARCH 12, 2021.
PRESIDENT PROMULGATES TRIBUNALS REFORMS ORDINANCE, IPAB GOES DEFUNCT WITH IMMEDIATE EFFECT
The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. The ordinance has also transferred the functions and powers of the tribunals to the High Courts and Commercial Courts depending on the context. For example, in the context of Intellectual Property, the powers and duties of the Intellectual Property Appellate Board will now vest with the High Court for Patents, Trademarks, Geographical Indications and Plant Varieties. Similarly, in the case of Copyrights, these powers and duties have been transferred to the Commercial Courts.
While a detailed post on the changes brought about by the Ordinance will be published shortly, a brief of these changes are provided below.
Under the Copyright Act, sections 2, 6, 19A, 23, 31, 31A, 31B, 31C, 31D, 32, 32A, 33A, 50, 53 A, 54, 72, 74, 75 and 78 have been amended to substitute the words “Appellate Board” with the word “High Court” wherever they occur in the sections. Section 72 has been entirely substituted while, sections 11 and 12 shall be omitted entirely.
Under the Patents Act, in sections 2, 52, 58, 59, 64, 71, 76, 113, 117A, 117E, 151 wherever the words Appellate Board appear shall be replaced with the word ‘High Court’. While, sections 116, 117, 117F, 117G and 117H shall be completely omitted.
Under the Trade Marks Act, in sections 2, 10, 26, 55, 57, 71, 94, 97, 98, 113, 123, 124, 125, 130, 141, 144, 157, wherever the words “Tribunal” or “Appellate Board” appear, will be replaced with the words “Registrar or the High Court” as the context may require. Sections 83, 84, 85, 86, 87, 88, 89, 89A, 90, 92, 93, 95, 96, 99 and 100 shall be omitted fully.
Under the Geographical Indications of Goods (Registration and Protection) Act, in sections 2, 19, 23, 27, 31, 32, 33, 48, 57, 58, 63, 72, 75 and 87, the words “Tribunal” or “Appellate Board” wherever they appears will be substituted with the words “Registrar or High Court” as the context may require. Section 32, 33 and 36 however will be omitted entirely.
Under the Protection of Plant Varieties and Farmers’ Rights Act, in sections 2, 44, 56, 57 and 89, the word “Tribunal” will be omitted and replaced with the word “High Court” wherever the context so requires. Sections 56, 58 and 59 will however be omitted entirely.
To view a copy of the ordinance, click here.
Link to the post: https://www.bananaip.com/ip-news-center/president-promulgates-tribunals-reforms-ordinance-ipab-goes-defunct-with-immediate-effect/ dated APRIL 5, 2021.
TRIBUNALS REFORMS ORDINANCE 2021 AND AMENDMENTS TO THE TRADE MARKS ACT, 1999
The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect.
Provided in the link below is a table summarizing the changes introduced to the Trade Marks Act, 1999 by virtue of passing of this Ordinance.
Link to the post: https://www.bananaip.com/ip-news-center/tribunals-reforms-ordinance-2021-and-amendments-to-the-trade-marks-act-1999/ dated APRIL 6, 2021.
TRIBUNALS REFORMS ORDINANCE 2021 AND AMENDMENTS TO THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT 2001
The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect.
Provided in the link below is a table summarizing the changes introduced to the Protection of Plant Varieties and Farmers’ Rights Act, 2001 by virtue of passing of this Ordinance.
Link to the post: https://www.bananaip.com/ip-news-center/tribunals-reforms-ordinance-2021-and-amendments-to-the-protection-of-plant-varieties-and-farmers-rights-act-2001/ dated APRIL 6, 2021.
TRIBUNALS REFORMS ORDINANCE 2021 AND AMENDMENTS TO THE PATENTS ACT, 1970
The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect.
Provided in the link below is a table summarizing the changes introduced to the Patents Act, 1970 by virtue of passing of this Ordinance.
Link to the post: https://www.bananaip.com/ip-news-center/tribunals-reforms-ordinance-2021-and-amendments-to-the-patents-act-1970/ dated APRIL 6, 2021.
TRIBUNALS REFORMS ORDINANCE 2021 AND CHANGES TO THE GEOGRAPHICAL INDICATIONS ACT, 1999
The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”. With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect.
Provided in the link below is a table summarizing the changes introduced to the GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 by virtue of passing of this Ordinance.
Link to the post: https://www.bananaip.com/ip-news-center/tribunals-reforms-ordinance-2021-and-changes-to-the-geographical-indications-act-1999/ dated APRIL 6, 2021.
Read part two of this post: Recap 2021: IP Updates – Part 2
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About BananaIP’s Consulting & Strategy Department
BananaIP’s Consulting & Strategy Department has the experience of helping companies use IP for business and competitive advantage. Companies regularly seek their assistance, advise and opinions on identifying/mining inventions and creations, conducting IP audits, protecting IP assets appropriately, launching risk free products, managing litigation for business benefit, resolving disputes out of Court, making money out of IP, enforcing IP, and licensing transactions. If you have any questions, or need any clarifications, please write to [email protected].
Disclaimer
Please note that these updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to [email protected] for corrections and take down.
