Abstract

The surge in e-commerce platforms has unfortunately facilitated the proliferation of counterfeits, impacting not only legitimate businesses and brands but also posing safety risks to unsuspecting consumers. These fake goods are often of inferior quality and may lack essential safety features, jeopardizing consumer well-being. India has a robust legal framework to address counterfeiting. However, the judicial stance on e-commerce counterfeiting is still evolving. Courts grapple with issues like determining the platform's liability and the effectiveness of takedown procedures. While some judgments have emphasized stricter liability for platforms, others have taken a more nuanced approach. This article delves deeper into the existing legal framework and judicial pronouncements, analyzing their effectiveness in combating e-commerce counterfeiting. It explores potential solutions and emphasizes the need for collaborative efforts by e-commerce platforms, brands, law enforcement agencies, and the judiciary to create a safer and more trustworthy online marketplace in India.

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