The Protection and Enforcement of Intellectual Property Rights in the E-Commerce Industry

Lipi Parashar
Christ (Deemed to be University), India

Volume III, Issue IV, 2020

“The internet has been the revolutionary technology of the new millennium, empowering consumers and businesses alike with blessings of connectivity” (Kotler & Armstrong 2004:72). The World economy gives today capital importance to e-commerce. In fact, most of the countries on this planet, have an internet platform to conduct electronic transactions, whether it is a developing or developed countries.

The World Trade Organization characterizes e-commerce as, “e-commerce is the production, distribution, marketing, sales or delivery of goods and services by electronic means.” There are numerous issues beyond the rise of e-commerce, but one of them is, the issue related to the enforcement of the intellectual property rights (IPR). The IPR and e-commerce are related and complementary. The product or the services offered, in electronic commerce platform, involves IPR and its licensing. More than that, the IPR makes e-commerce working.

This paper aims to provide some highlights about the protection of IPR in electronic commerce.

The intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. In this digital era, the accesses to copyrighted works become easier: music, videos, and books are available, just by clicking. This fact increases the chance of infringement. Indeed, the selling of counterfeits product, through an e-commerce platform, constitutes a challenge for IP enforcement. Trademarks infringement causes considerable losses to the IP owner. The IP assets are mostly the substantial parts of the enterprise resources. Therefore, the entrepreneurs should invest in the protection of their property. Nevertheless, the protection of IPR is not only the duty of company. The government and the citizens should play a significant role”

Keywords: IPR, Copyrights, Patents, Trademarks, e-commerce, IP infringement, Counterfeits product.


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