IP Enforcement In Digital Marketplace
- IJLLR Journal
- 10 hours ago
- 1 min read
Shreya Datta Gupta, LLM, Christ (deemed to be) University, Bangalore, Karnataka
ABSTRACT
The rapid expansion of digital commerce has generated unprecedented potential for global commerce, while increasing risks of violations of intellectual property rights (IPR). Counterfeit and replica goods, unauthorised use of trademarks, copyright piracy, and patent violations have become widespread on e-commerce platforms. The TRIPS Agreement and Anti-Counterfeiting Trade Agreement (ACTA) have attempted to address these challenges, but enforcement, especially in cyberspace, is still lacking. The new advancements in artificial intelligence (AI) technology have altered the landscape of monitoring and enforcement by providing new automated and timely solutions. The advancement of AI raises new issues such as who is liable, questions of privacy, and the difficulty of detecting nuanced violations. In India, although the digital commerce market is developing rapidly, the existing IP regime is not equipped to combat online violations due to issues of jurisdictional uncertainties, loopholes in intermediary liability and scant statutory guidance. This paper aims to highlight international trends, technological advancements, and domestic realities, to propose a hybrid enforcement model that refines AI detection, increases intermediary liability and harmonization of legal changes. These changes are essential to balancing innovation, trade facilitation, and protection of intellectual property in the digital age.
Keywords: intellectual property, counterfeit, artificial intelligence, cyberspace, digital commerce.
