Graduated response scheme: New tool against infringers

In an attempt to curb online copyright infringement, copyright owners are increasingly seeking to enlist the assistance of internet service providers (ISPs) to enforce copyright and impose sanctions on those who abuse it. This has led to the new concept of a graduated response scheme (GRS), which is an alternative mechanism to fight internet piracy.

GRS relies on cooperation with an ISP that goes beyond the standard “notice and take down” approach. GRS generally requires that an ISP take action against users suspected of infringing copyright, ranging from issuing a warning, to collating allegations made against subscribers and reporting to copyright owners, to suspension and eventual termination of service.

Access and service providers play a decisive role in GRS, as without their co-operation it would be difficult, if not impossible, to collect the IP addresses of infringers, or to terminate access for repeat offenders after due notice.

Naik Naik & Co, founded by Ameet Naik, is a full-service law firm with specific focus on entertainment, real estate, retail and technology. It has three offices in Mumbai and one in New Delhi. Madhu Chaudhary (madhuchaudhary@nnico.com) is a partner and Abhishek Kale (abhishekkale@nnico.com) is a senior associate at the firm.