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Infringement of IPR Laws by OTT Platforms

Mansi Kukreja
Mansi Kukreja
  • Apr 11, 2023
  • 8 min to read
Infringement of IPR Laws by OTT Platforms Kukreja

When it comes to Intellectual Property Rights (IPR) in India, the law is quite clear. IPR laws are meant to protect the creators of artistic and literary works, enabling them to benefit from their creativity. With the advent of the internet, however, these laws have been challenged, especially with the rise of Over-The-Top (OTT) platforms. OTT platforms are services that provide streaming media, such as movies or television shows, directly to viewers over the internet, without the need for a traditional cable or satellite subscription. This has created a new set of challenges, as OTT platforms have been accused of infringing upon IPR laws in India. In order to determine whether or not OTT platforms are infringing upon IPR laws in India, it is important to understand the various types of IPR laws that exist in the country. The Copyright Act of 1957 is the primary law that governs copyrights in India. This law grants the authors of original works exclusive rights to reproduce, distribute, and make derivative works based on their own creations. This includes the right to prevent others from using the work without their permission. The Indian Patents Act of 1970 is also a key law that governs patent rights in India. This law grants the creator of a new and inventive product or process exclusive rights to exploit the invention for a set period of time. In addition to the above laws, there are also several other laws that protect IPR in India. These include the Trade Marks Act of 1999, which prevents the unauthorized use of registered trademarks; the Designs Act of 2000, which protects the intellectual property of industrial designs; and the Semiconductor Integrated Circuits Layout-Design Act of 2000, which protects the layout designs of integrated circuits. In general, OTT platforms that stream content from India are required to obtain licenses from the copyright holders in order to legally show the content. However, due to the lack of specific regulations for OTT platforms in India, many of these platforms have been accused of infringing upon IPR laws. For example, some OTT platforms have been accused of streaming copyrighted content without obtaining the necessary licenses from the copyright holders. Additionally, it has also been alleged that some OTT platforms have been using patented technologies without obtaining the appropriate licenses from the patent holders. In order to address the issue of OTT platforms infringing upon IPR laws in India, the government has taken several steps. Firstly, the government has issued guidelines for OTT platforms in India, which require the platforms to obtain the necessary licenses and permissions from the copyright holders before streaming content. Additionally, the government has also set up a mechanism for copyright holders to register their works with the Copyright Office, which will allow them to track the use of their works on OTT platforms. Lastly, the government is also in the process of introducing a new bill, which seeks to provide a comprehensive legal framework for copyright holders and OTT platforms in India. In conclusion, OTT platforms have been accused of infringing upon IPR laws in India. However, the government has taken several steps to address this issue, including introducing guidelines for OTT platforms, setting up a mechanism for copyright holders to register their works, and introducing a new bill to provide a comprehensive legal framework. It remains to be seen whether these steps will be sufficient to ensure that OTT platforms comply with IPR laws in India.

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Sophie Asveld

February 14, 2019

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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