India: No clear position on blocking injunctions

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India: No clear position on blocking injunctions

July saw two orders from two courts in the country, issuing different orders on the same issue of granting John Doe orders. John Doe orders refer to a court granting injunctions on unknown and unlisted defendants. The decisions appear to pose different thresholds for John Doe orders.

The Bombay High Court in Eros International and Another v BSNL & Others denied a carte blanche request to block several hundred websites that allegedly were making available infringing copies of a cinematograph film over which the plaintiff owned the copyright. The Court noted that some of the websites alleged by the plaintiff contained only advertisements for DVDs or just trailers. The Court was not willing to grant a sweeping injunction order against all such websites unless there was clear evidence on record that the entirety of the website only contains illicit material. While subsequently allowing the blocking of certain specified links alone, the Court limited ISPs to block access for only 21 days, barring further extension from the Court, which is as per a statutory mandate in law. Among other safeguards, the Court allowed this limited remedy after the allegation of infringement was verified by an independent services provider, the plaintiff's internal and external counsel.

However, around the same time, the Delhi High Court in Department of Electronics and Information Technology v Star India Pvt Ltd was willing to grant injunctions blocking entire websites on the apprehension of potential webcasts of a sports event for which Star India had obtained the broadcasting rights. This original order was modified on appeal once earlier in 2016, restricting the order to only specific links and not entire websites. This was revised in July 2016, once again allowing blocking of entire websites on the basis that it was very easy to create new infringing links within the same website. The safeguards and thresholds preferred by the Bombay High Court are not mentioned in this Delhi High Court case.

Although several John Doe orders have been issued in the past, the jurisprudence surrounding this area has hardly evolved in India. The difference in these orders is a clear reflection of conflicting view-points. Only more reasoned orders from Indian courts is likely to offer more clarity.

Parthasarathy

R Parthasarathy


Lakshmi Kumaran & SridharanB6/10 Safdarjung EnclaveNew Delhi 110029, IndiaTel: +91 11 41299800Fax:91 11 41299899vlakshmi@lakshmisri.comwww.lslaw.in

more from across site and SHARED ros bottom lb

More from across our site

The UK-India trade deal doesn’t mention legal services, showing India has again failed to agree on a move that could help foreign firms and local practitioners
Eva-Maria Strobel reveals some of the firm’s IP achievements and its approach to client relationships
Lateral hires at Thompson Hine and Pierson Ferdinand said they were inspired by fresh business opportunities and innovative strategies at their new firms
The launch of a new IP insurance product and INTA hiring a former USPTO commissioner were also among the top talking points this week
The firm explains how it secured a $170.6 million verdict against the government in a patent dispute surrounding airport technology, and why the case led to interest from other inventors
Developments of note included the court partially allowing a claim concerning confidentiality clubs and a decision involving technology used in football matches
The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
Gift this article