IPR Infringement On Online Market Places: The Test For Territorial Jurisdiction
Srajan Dixit, Gujarat National Law University, Gandhinagar Gujarat
The introduction of Internet has brought new challenges to the current prevailing laws, as most of the laws including the Code of Civil Procedure were introduced before the Internet became a part and parcel of our daily life, hence these laws might not be equipped with the cases that arise on or out of the use of Internet, one such issue is the question of Territorial jurisdiction in cases of IPR infringement happening on online market places and websites. Delhi High court has evolved most of the jurisprudence over the subject, however different opinions in different judgements of the court have resulted in a state of confusion. This article seeks to highlight different opinions expressed by the courts in the concerned matter, it also compares the judgement and tries to gain some out come from the same. This article also presents an in-depth analysis on two major grounds for establishing territorial jurisdiction that are “cause of action” and “conducting business” in the cases involving online marketplaces. It further stretches to highlight the state of confusion created by such different precedents and it also briefly discusses about the Remedies available if the plaint is in ignorance of the territorial jurisdiction of the court.