Trademark Protection In The Digital Environment

Ankit Rana, Himachal Pradesh National Law University, Shimla

ABSTRACT

The Intellectual property (IP) rights play a critical role in the business models and revenue generation of the entertainment industry. This paper analyzes the importance of copyright, trademark, and other IP protections for music, film, and other creative works. It examines the significant economic impact of piracy and unauthorized use, with studies estimating substantial losses to the industry from illegal downloading and streaming.

The paper then assesses the effectiveness of current copyright and trademark laws in safeguarding entertainment properties. It discusses key court cases that have tested the boundaries of IP rights in the digital age, as well as the challenges of enforcing these rights globally. The analysis also covers the limitations and debates around IP protection, such as the fair use doctrine and concerns over access to culture.

Overall, the research demonstrates the entertainment industry's heavy reliance on robust IP rights to incentivize investment, creativity, and innovation. However, it also highlights the need to continually adapt legal frameworks to address evolving technologies and business models. The paper concludes by considering potential reforms or new approaches to IP protection that could better serve the interests of both rights holders and the public.