• Drafting Terms of Use (TOU) & Terms of Service (TOS) Agreements
  • Terms of use for Web Applications
  • Third Party API agreement and Cancellation, Return & Refund policy of E-commerce platform (Application Developer and API License Agreement)
  • End-User License Agreements (EULA)
  • Website Maintenance Agreements
  • Privacy Policies

1.Civil Law Remedies from the court such as getting an:

  • a.interlocutory injunction,
  • b.Anton Piller order (search order to inspect premises of the opposite party and seize evidence without prior warnings),
  • c.Mareva Injunction (A temporary injunction that freezes the assets of a party pending further order or final resolution by the Court),
  • d.John Doe order/Rolling Anton Pillar/Anton Pillar or Ashok Kumar order is a pre-infringement injunction remedy provided to protect the IPR of the creator of artistic works like movies, songs etc. It’s a search order to inspect premises of the opposite party and seize evidence without prior warnings. Blocking of websites which contains infringing content is made possible by this order.
  • e.Pecuniary remedies (compensation in cash),
  • f.account of profits etc.

2.Criminal Law Remedies:

  • Criminal law action against the offender of infringement and/or passing off is provided under Copyright Act and Trademarks Act for copyright and trademark violation, both provides imprisonment and fine. Both acts envisage search and seizure powers for the police. The complainant can directly lodge complaint to the police. If the police fails to register FIR, the complainant can approach the magistrate and prefer the complaint.

3.Other remedies:

  • a.Copyright owner to Issue take down notice under Section 52(1)(c) of the Copyright Act,1957and Rule 75 of the Copyright Rules, 2013 to the intermediary on whose website the infringed / pirated content is visible or accessible
  • b.Arbitration under the World Intellectual Property Organization (WIPO)-initiated Uniform Domain Name Dispute Resolution Policy (UDRP) or the.IN Domain Name Dispute Resolution Policy (INDRP) for disputes relating to Domain Names.
  • c.Cease and desist letter to cybersquatter
  • identical and/or confusingly similar to a name, trademark or service mark in which the Complainant has rights
  • the Registrant has no rights or legitimate interests in respect of the domain name; and
  • the Registrant's domain name has been registered or is being used in bad faith

There are cost effective and timely mechanisms to resolve internet domain name disputes, without the need for court litigation. This includes the Arbitration under the World Intellectual Property Organization (WIPO)-initiated Uniform Domain Name Dispute Resolution Policy (UDRP) for any generic top level domain disputes (gTLDs), and the .IN Domain Name Dispute Resolution Policy (INDRP) if the domain name is registered and used in the .IN country code top-level domain name (ccTLD). A dispute concerning the domain name is dealt with a number of ways such as (a) sending cease and desist letters to the cybersquatter (b) opting for arbitration under UDRP or INDRP (c) Approaching the Court under the Trademark Act for infringement or for passing off.

  • How to deal with Domain Name Disputes & Cybersquatting
  • Strategy for initiation of infringement/passing-off proceedings
  • Domain Name Transfer assignment: settlement agreement
  • Cease & Desist notice
  • How to deal with online infringement of Trademarks
  • Dealing with misuse of meta tags for infringement or passing-off
  • Domain Name Disputes mechanism under the Uniform Dispute Resolution Policy (UDRP)
  • Domain Name Disputes mechanism under the Dot IN Dispute Resolution Policy (INDRP)
  • Software and technology development support and maintenance Agreement
  • Intellectual Property (Trademark/Patent/Copyright) assignment and confidentiality protection agreement
  • Test and evaluation license agreement
  • Software development agreement
  • Click-Wrap End User license agreement (EULA)
  • SaaS agreement
  • Master software development agreement (Agile)
  • Cloud Service Agreements (CSA)
    • Customer Agreement
    • Acceptable Use Policy (AUP)
    • Service Level Agreement (SLA)
  • Corporate End User License Agreement (EULA)
  • Non-Disclosure Agreement
  • Technology Transfer Agreement
  • Technology Transfer and License Agreement
  • Video game licensing agreement
  • E-book publishing agreement
  • Work for hire agreement
  • Music License Agreement
  • End-user license agreements (EULAs)
  • Novation of Technology Agreement
  • Notice for Breach of Contract
  • Software Escrow Service Agreement
  • Drafting of Terms of Service (TOS) & Terms of Use (TOU)
  • E-Commerce Website Development & Services Agreement
  • Order Fulfilment Agreement
  • Drafting of online shopping site conditions of use
  • Drafting of subscription services agreement
  • Drafting of software maintenance and support agreement
  • Terms of Use for Web APIs
  • Drafting of Terms and Conditions of Sale
  • E-Commerce Website Development Agreement
  • Order Fulfilment Agreement
  • Drafting of Online shopping site conditions of use
  • Terms and Conditions of Sale
  • Subscription Services Agreement
  • Maintenance and Support Agreement
  • Software Maintenance and support agreement
  • Software maintenance and technical support agreement
  • Draft rules and regulations, privacy policy and user agreement for access-or usage of the intermediary's computer resource by any person
  • Handling of notifications from the Government or its agency
  • Blocking of Websites as per Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009
  • Dealing with Takedown Notices
    • under Digital Millennium Copyright Act (United States-DMCA)
    • European Copyright Directive (EUCD)
    • Copyright Rules 2013
    • Information Technology Act 2000 & Information Technology (Intermediaries guidelines) Rules, 2011
  • Dealing with Data Breach Notifications
    • Under General Data Protection Regulation (GDPR) of European Commission
    • Under Information Technology Act 2000
  • Data Privacy Compliance for Start-ups
  • Privacy Policies & Terms and Conditions
  • Dealing with Law Enforcement Agencies
  • Data retention and Archive policy
  • Identification of Online Fraudulent Banking Activities
    • Credit/Debit Card Frauds
    • Phishing/Vishing/Identity Theft/Money Mule
  • Liabilities of Bank and Telecom Operators in containing Banking Frauds
  • Dealing with Banking Frauds (How to recover money?)
    • Chargeback (from Bank)
    • Banking Ombudsman (Reserve Bank of India)
    • Complaint to Adjudicating Officer under Information Technology Act, 2000
    • Complaint to Consumer Commission under Consumer Protection Act
    • Cyber Complaint to Police
  • Section 65: Tampering with Computer Source documents
  • Section 66: Computer related offences.
  • Section 66-A: Sending offensive messages through Communication service, etc...
  • Section 66-B: Dishonestly receiving stolen computer resource or communication device
  • Section 66-C: Identity Theft
  • Section 66-D: Cheating by Personation by using computer resource
  • Section 66-E: Violation of Privacy
  • Section 66-F: Cyber Terrorism
  • Section 67: Publishing or transmitting obscene material in electronic form
  • Section 67-A: Publishing or transmitting of material containing sexually explicit act, etc... in electronic form
  • Section 67-B: Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form
  • Section 67-C: Intermediary intentionally or knowingly contravening the directions about Preservation and retention of information
  • Section 68: Failure to comply with the directions given by Controller of Certifying Authorities
  • Section 69: Intermediary who fails to assist the Government agency in regard interception or monitoring or decryption of any information through any computer resource
  • Section 69-A: Failure of the intermediary to comply with the direction issued for blocking for public access of any information through any computer resource
  • Section 69-B: Intermediary who intentionally or knowingly contravenes the provisions in regard monitor and collect traffic data or information through any computer resource for cybersecurity
  • Section 70: Secure access or attempts to secure Protected System
  • Section 70-B: Any service provider, intermediaries, data centres, etc., who fails to prove the information called for or comply with the direction issued by the Indian Computer Emergency Response Team (ICERT).
  • Section 71: Misrepresentation to the Controller to the Certifying Authority
  • Section 72: Breach of Confidentiality and privacy
  • Section 72-A: Disclosure of information in breach of lawful contract
  • Section 73: Publishing electronic Signature Certificate false in certain particulars
  • Section 74: Publication for fraudulent purpose