Document Fragment View
Matching Fragments
16. At this juncture, it will be relevant to refer to the twin concepts of quia timet and dynamic injunction, which can act as an effective tool to block such websites. Quia timet, in latin means “because he fears”. The doctrine is used when there is a real danger of some right being violated and the Courts, considering the right of the other person, who is likely to suffer and equity, grant the relief of injunction or in other words, a preventive order. The doctrine is predominantly used in matters relating to intellectual property rights.
17. The evolving legal jurisprudence in the protection of intellectual property rights has resulted in the evolution of the doctrine of Dynamic Injunction order, by which, the necessity to approach the Court time and again for preventive measures is thwarted by issuance of such an order, which meets all the contingencies in future. The concept of dynamic injunction, with regard to the piracy rights application by the Courts of various countries have been discussed in detail in the judgment in UTV Software Communication Ltd and others v. 1337X.To and others [2019 SCC OnLine Del 8002 : (2019) 78 PTC https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.23410 and 23671 of 2022 375]. Applying the same to the present case, this Court is of the view that a dynamic preventive order is necessitated because of the sheer involvement of the number of temples, touts and illegal websites that either provide links to webpages or URLs created by third parties, impersonating as that of the official temple sites.