Cyberspace and Intellectual Property: Evaluating Legal Frameworks through the Lens of Space Transition Theory

  • A. Rajeswari
  • Show Author Details
  • A. Rajeswari

    Student at Saveetha School of Law, Saveetha Institute of Medical and Technical Science (SIMATS) Chennai, India

  • img Download Full Paper

Abstract

In the digital age, ensuring the protection of Intellectual Property Rights (IPR) in cyberspace presents intricate challenges. This study meticulously examines the legislative frameworks governing IPR in India, including the Information Technology Act 2000, Copyright Act 1957, and Trade Mark Act 1999, to evaluate their efficacy in mitigating online IPR infringements. Through thorough doctrinal analysis, it pinpoints significant gaps and deficiencies within India's legal system, emphasizing the imperative for adaptive reforms to navigate the dynamic digital terrain. Furthermore, the research explores the nuanced interplay between IPR and cyberspace, dissecting the myriad forms of online IPR and their ramifications for digital ecosystems. By incorporating insights from Jai Shankar's Space Transition Theory, the study provides valuable perspectives on the evolution of legal frameworks in digital domains, underscoring the necessity for agile and responsive legal architectures. Drawing from global experiences, this paper contributes to the discourse on safeguarding intellectual property rights in the digital sphere, offering actionable insights for policymakers, legal practitioners, and stakeholders. Ultimately, the findings of this research serve as a cornerstone for fortifying IPR protection in India and inform international dialogues on collaborative strategies and best practices in addressing cyber-related IPR challenges.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3938 - 3947

DOI: https://doij.org/10.10000/IJLMH.117478

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