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The Role Of Intellectual Property In Protecting E-Commerce Brands In The Digital Age




Aarushi Singh, Christ (Deemed To Be) University, Bangalore


ABSTRACT


In the digital age, e-commerce has become a powerful force that is changing international trade, as companies depend more and more on online channels to connect with customers worldwide. Protecting the intangible assets that support digital businesses, such as patents, trade secrets, copyrights, and trademarks, is the main function of intellectual property rights, or IPR. However, the global reach of the internet has increased risks such as digital piracy, cybersquatting, counterfeiting, and lax enforcement. The difficulty is to furnish adequate legal safeguards for internet brands while not interfering with innovation or competition or access to customers. There are international treaties, such as the TRIPS Agreement, the WIPO Internet Treaties, and the DMCA, that provide protection in addition to national law frameworks, such as India's Trademark Act, 1999; Patents Act, 1970; and Copyright Act, 1957. Cases decided by courts in published opinions provide insight as to how judges work to balance free market and trademark protection, for instance, it is to act on trade marketing practices similar to Amazon.com v. Barnes & Noble in the United States, and Kapil Wadhwa v. Samsung in India. Nonetheless, there are still implementation gaps due to complex jurisdictions, intermediary liability, and speedy pacing of technological development. Strong enforcement, technological innovations like blockchain-based anti-counterfeit systems, and established international standards are crucial, according to this report, to ensure safe online markets. In the global e-commerce sector, maintaining innovation-driven growth, maintaining customer trust, and guaranteeing fair competition all depend on strengthening intellectual property rights.


Keywords: Intellectual Property, E-Commerce, Counterfeiting, Piracy, Intermediaries, Blockchain



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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