India: No clear position on blocking injunctions

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Harm van der Heijden is to join Ankar AI as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular IP litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Gift this article