Flipkart Internet Private Ltd. Vs State of NCT of Delhi & Anr. (Delhi High Court)
Summary: The Delhi High Court considered whether an online e-commerce marketplace, recognised as an “intermediary” under Section 2(1)(w) of the Information Technology Act, 2000 (“I.T. Act”), could claim the safe-harbour protection under Section 79 of the I.T. Act against criminal prosecution for alleged copyright and trade mark offences committed through its platform. The petition was filed by Flipkart seeking quashing of FIR No.103/2020 dated 17th August, 2020 registered at the Economic Offences Wing, New Delhi under Section 63 of the Copyright Act, 1957 and Sections 103/104 of the Trade Marks Act, 1999.
The complaint was made by Ashish Girdhar, Managing Director of Sanash Impex Pvt. Ltd., which had been authorised to sell DC DERMACOL cosmetic products in India. It was alleged that fake or unauthorised DC DERMACOL products were being sold through Flipkart and Amazon India and that the petitioner was acting in connivance with fake or unauthorised resellers. The State informed the Court that pre-investigation notices under Section 91 of the Code of Criminal Procedure, 1973 had been issued to Flipkart and Amazon for documents and information. The investigation had subsequently remained stayed pursuant to the Court’s interim direction.
