AI as a Valuable Instrument in Trademark Enforcement in India

  • Harsh Kumar and Dr. Susanta Kumar Shadangi
  • Show Author Details
  • Harsh Kumar

    Research Scholar at ICFAI Law School, The ICFAI University Dehradun, India

  • Dr. Susanta Kumar Shadangi

    Associate Professor at ICFAI Law School, The ICFAI University Dehradun, India

  • img Download Full Paper

Abstract

The fast pace of development in Artificial Intelligence (AI) is redefining the landscape of intellectual property right enforcement, especially trademarks. In India, enforcement mechanisms are hindered by procedural delays, backlogs requiring manual processing, and the growing complexity of online infringement. AI can serve as a possibility to update and strengthen trademark protection in these circumstances. This paper delves into the role of AI as an asset for trademark enforcement, with a focus on how it can be used to automate infringement identification, expedite opposition proceedings, track digital spaces, and aid in legal analysis. The paper also discusses international best practices and local innovations, making comparisons to jurisdictions such as the United States, the European Union, and China. While so doing, the paper also takes up pressing issues of algorithmic bias, lack of transparency, data privacy, and the demand for human monitoring. By advancing a series of policy proposals–ranging from regulatory reform and public-private cooperation to data infrastructure development and training stakeholders–the paper imagines a future-focused model of enforcement that is cost-effective, accessible, and rule-of-law consistent. The research concludes that AI, if implemented wisely in India's legal system, can be a revolutionary tool for enhancing trademark enforcement, safeguarding brand identity, and fostering innovation in a more digital and globalized economy.

Type

Article

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2734 - 2753

DOI: https://doij.org/10.10000/IJLMH.119361

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021