Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
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Practice

Technology, Data and Online Enforcement

Protecting rights where business now happens: online, on platforms and in data.

Overview

Infringement increasingly happens on marketplaces, social media and websites hosted outside India. The firm uses platform complaint procedures, notices under the Information Technology Act, 2000 and Digital Millennium Copyright Act notices to remove infringing content quickly.

The practice also advises businesses on their obligations under the Digital Personal Data Protection Act, 2023, from privacy notices and consent to contracts with data processors.

What we do

Services

  • DMCA Takedown Notices

    A DMCA notice under US copyright law asks a platform to remove copyrighted content used online without permission. The original work is compared with the copied content and a notice is submitted to the platform with proof of ownership, contact details and a statement identifying the infringing material. Our team prepares and submits these notices to protect copyright works online.

  • Intermediary Notices under the IT Act, 2000 and IT Rules, 2021

    Online platforms and service providers in India must act on valid government orders, court orders and content removal notices within the time set by law, handle user complaints and follow the rules on AI-generated content. The firm advises platforms on handling legal notices, removing unlawful content, meeting deadlines and challenging unfair or unlawful orders.

  • Website and App Terms

    Terms of use, privacy policies and consent rules ensure lawful use of a website or app and the safe handling of personal data, covering consent for cookies and marketing and the right to access, correct or delete personal information. Our legal team prepares these to meet applicable law.

  • Marketplace Enforcement

    Counterfeit products and infringing content are removed from e-commerce platforms and social media through trade mark and copyright takedown notices, supported by investigations into the sellers involved.

  • Data Protection Compliance under the DPDP Act, 2023

    The Digital Personal Data Protection Act, 2023 governs the collection, use, storage and protection of personal data in India. Organisations must obtain consent, safeguard personal data and report breaches, and violations can attract penalties of up to Rs 250 crore. The firm advises on DPDP compliance, privacy policies and data protection practice.

  • Domain Name Recovery

    Businesses can reclaim domain names that misuse their trade marks or brand names. The firm files UDRP complaints for .com and .net domains and INDRP complaints for .in domains, seeking transfer or cancellation of the disputed domain and protecting brand rights online.

Our approach

How a matter progresses

The usual course of a technology, data and online enforcement matter in India, from first instructions to a final outcome.

  1. Assessment

    We identify the infringing content, listing or domain, or audit how your business collects and processes personal data.

  2. Evidence capture

    We preserve URLs, screenshots and timestamps in a form admissible as electronic evidence under the Bharatiya Sakshya Adhiniyam, 2023.

  3. Takedown notices

    We send notices to platforms under the IT Rules, 2021 and DMCA notices to hosts subject to US law. Platforms must act within set timelines.

  4. Escalation

    If a platform fails to act, we escalate to the Grievance Appellate Committee or seek court orders, including blocking and dynamic injunctions.

  5. Compliance programme

    For data protection, we prepare privacy notices, consent flows, processor contracts and a breach response plan under the DPDP Act, 2023.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

What is a DMCA notice?
It is a notice under the United States Digital Millennium Copyright Act asking a platform or host to remove content that infringes copyright. Most major platforms act on DMCA notices regardless of where the right holder is based.
Does the DPDP Act apply to small businesses?
The Act applies to the processing of digital personal data in India, and to processing outside India connected with offering goods or services to people in India. Obligations can vary with the category of business, so specific advice should be taken.

Further reading

From our blog

Articles by the firm's attorneys on technology, data and online enforcement.

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Official sources

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