Brand protection in Indias digital economy: trademarks vs. competition regulation
subject: brand protection; competition law; competition regulation; digital marketplaces; e-commerce; Indian digital economy; intellectual property rights; IPR; trademarks
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.
creator: Das, Ipsita; Nath, Aranya; Ghosh, Anusuya; Mhanna, Anas
source: International Journal of Intellectual Property Management;Volume;15;Issue;6;pp.598-622
publisher: Inderscience Publishers
date: 01-01-2025
rights: Restricted Access; Hardcopy may be available in the library
relation: ISSN: 14789647;
format: online
language: English
type: Article
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