Brand protection in Indias digital economy: trademarks vs. competition regulation

Title

Brand protection in Indias digital economy: trademarks vs. competition regulation

Creator

Das, Ipsita; Nath, Aranya; Ghosh, Anusuya; Mhanna, Anas

Description

The digital economy in India has significantly impacted brand protection, with the need for robust trademark protection intensifying to combat issues like counterfeiting, cybersquatting, and unauthorised use. Competition regulation aims to ensure fair market practices, prevent monopolistic behaviour, and foster innovation. This study examines the legislative and judicial framework governing trademarks in India, highlighting key provisions under the Trade Marks Act, of 1999, and their application in the digital context. It also assesses the role of the Competition Commission of India (CCI) in addressing anti-competitive practices. The study identifies tensions and synergies between trademark protection and competition regulation, examining how digital platforms, e-commerce, and social media influence these legal domains. Comparing the study with jurisdictions like the EU and the USA, the paper proposes a balanced approach that harmonises trademark enforcement with competition law principles to ensure brand protection efforts do not stifle competition and innovation in Indias burgeoning digital economy. Recommendations include policy reforms, enhanced cooperation between regulatory bodies, and the adoption of technology-driven solutions to safeguard brands while promoting a competitive and fair digital marketplace. Copyright 2025 Inderscience Enterprises Ltd.

Source

International Journal of Intellectual Property Management;Volume;15;Issue;6;pp.598-622

Date

01-01-2025

Publisher

Inderscience Publishers

Subject

brand protection; competition law; competition regulation; digital marketplaces; e-commerce; Indian digital economy; intellectual property rights; IPR; trademarks

Coverage

Das I., School of Law (KSOL), Kalinga Institute of Industrial Technology, Bhubaneswar, 751024, India; Nath A., Damodaram Sanjivayya National Law University (DSNLU), Visakhapatnam, 531035, India; Ghosh A., Christ Deemed to be University, Christ University, Road, 30 Valor Court, Dasve Lavasa, Mulshi, Maharashtra, Pune, 412112, India; Mhanna A., School of Law (KSOL), Kalinga Institute of Industrial Technology, Bhubaneswar, 751024, India

Rights

Restricted Access; Hardcopy may be available in the library

Relation

ISSN: 14789647;

Format

online

Language

English

Type

Article

Identifier

https://doi.org/10.1504/IJIPM.2025.150698

https://www.scopus.com/pages/publications/105025794145?origin=resultslist