Sunday, April 22, 2012

Conflict Of Laws, Indian Cyberspace And Google

Cyberspace and Internet has made it possible to access single information from multiple jurisdictions. It is also possible that for a single transaction, multiple countries may exercise jurisdiction. In other words, the conflict of law in cyberspace is most complicated in nature and very difficult to resolve.

The validity of electronic legal notices in India and DMCA notice from India to other jurisdictions through e-mails is now well established. This makes it very easier to engage in legal proceedings from India to multiple jurisdictions. Similarly, Indian citizens and companies may also be involved at multiple jurisdictions in various civil and criminal proceedings.

As on date there is no globally acceptable international cyber law treaty.  In its own interest, India must stress upon an international cyber law treaty.  Till then India is free to apply its own laws even though it may result in conflict of laws.

Further, the position of US companies, India, conflict of laws and criminal liabilities has also become clear these days. Even in the case of cyber laws, US companies and courts are applying US standards and are not following Indian standards. This is a classic situation that is occurring due to conflict of laws. This is also the reason why an international cyber law treaty is required to bring harmonious application of cyber law principles.

Google is one company that can found itself deeply involved world over. Google incorporation’s Indian strategy to counter legal disputes must be formulated to avoid any inconvenience in India. Whether it is copyright violation, trademark violation, cyber law infringements or any similar legal issue, Google has been facing many regulatory and legal hurdles in India and US.

Perry4Law and Perry4Law Techno Legal Base (PTLB) believe that Google has been doing its level best to resolve disputes of various parties though many times disputes are not resolved as per desired expectations. However, Google needs to do something more to avoid future cyber litigations and disputes that are going to increase in India.

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