ABSTRACT
The Indian digital commerce market is growing exponentially with the rapidly changing trends of the India’s urban lifestyle and robust investments. As stated in the joint report (2016) by Boston Consulting Group and Retailers Association of India, the Indian E-commerce market size for goods is expected to jump about five times to $40-50 billion by 2020 from about $8-12 billion presently. Along with the growing e-commerce phenomenon, the online arena is daily confronting a whole new series of legal issues and challenges with respect to protection and enforcement of intellectual property (IP) rights.
In the last few years, we have seen many cases relating to IP infringement in the e-commerce domain brought before the Indian Courts, Competition Commission and other Appellate judicial bodies. In one of such cases, the Delhi High Court has restrained online e-commerce company Flipkart from selling Chinese mobile Xiaomi handsets in India that infringe technology patented by Ericsson. While the laws relating to enforcement of IP rights in the physical world is clearly established in the existing Indian IP legal framework, the application of these laws to safeguard the IP rights in e-commerce arena is not well-defined …
Srivastav, Ashish Kumar, Reach of Intellectual Property Rights in Digital Commerce: An Indian Perspective (February 18, 2022).
First posted 2022-03-29 14:00:00
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