Sections 16 to 20
Territorial Jurisdiction ingredients to exercise territorial jurisdiction indicated.
HELD The mere fact that a website is accessible in a particular place may not itself be sufficient for the courts of that place to exercise personal jurisdiction over the owners of the website. However, where the website is not merely passive but is interactive permitting the users not only to have access to the contents thereof but, also subscribe to the services provided by the owners / operators, may in certain circumstances create jurisdiction in the court of that place where the website is accessible. Where the website is interactive, the level of interactivity becomes relevant and in cases of limited interactivity such interactivity may not be sufficient for a court to exercise jurisdiction. [Para 11]
In the present case, the website www.expresspharmapulse.com containing the information of the defendant company and also information regarding the drug Tadarich is passive in nature. It has no section for subscription to its services and the options which could be exercised by subscriber. This information in no manner can be said to be inviting any subscription from anyone including the consumers. [Para 15]
It is pertinent to mention here that the defendant company has dis-continued with its product "Tadarich" and instead they are manufacturing drug Tadalafil in the brand name of Tadasip which does not include the alleged trade mark "CIALIS" owned by the plaintiff. [Para 16]
As discussed above, the website proved on the record does not indicate that the defendant invited any subscription from anyone including Delhi for supply of their product. [Para 18]
Therefore, it is concluded that the website containing the information of the defendant company and its product "Tadarich" in no manner can be said to be interactive permitting the users, not only access to the contents thereof but, also subscribe to the services provided by the defendant. Even if it is taken that a limited interactivity is there in the information, this by itself is not sufficient for this court to exercise its jurisdiction. [Para 19]