BENGALURU: Following a judgement by the Delhi High Court last month on counterfeit products being sold on ShopClues, an association of online vendors has written to the government asking for applying the guidelines laid out by the court to all ecommerce marketplaces in the country.
While coming down against ShopClues based on a complaint by American electronics brand Skullcandy of counterfeits being sold on the platform, Delhi High Court directed the company to disclose details of all sellers on its website, obtain a certificate from sellers on genuineness of products, and also enter into agreements of authenticity with sellers.
ShopClues did not respond to specific queries on whether these steps were being followed.
The All India Online Vendors Association (AIOVA) has written to the Department of Industrial Policy and Promotion as well as the Consumer Affairs Ministry to direct all ecommerce marketplaces to adhere to the guidelines laid down by the court. “Concrete preemptive action needs to be taken to keep counterfeit goods away from being listed. The government needs to get proactive and issue a guideline in line with the judgment and issue severe punishment for system override,” an AIOVA spokesperson said.
ShopClues had been pulled up for a similar issue of counterfeit products in a judgment by the Delhi High Court wherein it restrained the platform from selling counterfeit products of French cosmetics company L’Oreal. In both judgements, the court said that ShopClues was disqualified for the exemption under Section 79 of the IT Act, 2000 stating that the “the role of the website is more than that of an intermediary.”
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