Flipkart Internet Private Limited was granted relief by the Allahabad High Court in a case related to selling counterfeit goods.
The court said that no action will be taken against the petitioner until further orders. An FIR was filed at the Lohamandi police station in the Agra district against Flipkart for allegedly selling counterfeit products under sections 420, 465, 467, 34 of the Indian Penal Code and Section 51(a), 51(b)(I) of Copyright Act, 1957.
The bench of Justices Ashwani Kumar Mishra and Rajnish Kumar heard the matter. The company had filed a criminal writ petition stating that the case was an abuse of process of law.
According to Flipkart, it is merely an E-commerce marketplace which provides a platform to various companies for sale and purchase of articles, books, home appliances etc and it is not appropriate to hold the company accountable. The violation of Copyright Act, 1957 can be against the actual publisher and not against the E-commerce company.
Flipkart also claimed protection under section 79 of the Information Technology Act.
(Section 79 Information Technology Act, 2000: According to the section 79 of IT act, an intermediary shall not be liable for any third party information, data or communication link made available or hosted by him, the function of the intermediary is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted.)
The court considered the arguments of the E-commerce company and asked all the respondent parties, including the Uttar Pradesh government, to file their affidavit responses within two weeks.