Open Access Research Article
GEOGRAPHICAL INDICATIONS IN THE AGE OF E-COMMERCE: LEGAL CHALLENGES AND THE NEED FOR STRONGER DIGITAL ENFORCEMENT IN INDIA
Abstract
The increasing use of digital marketplaces has changed the way geographical indication (GI) products are produced, promoted, and sold. While Geographical Indication protection is intended to preserve the identity, reputation, and economic value associated with products originating from a particular region, the growth of online commerce has created new avenues for unauthorised use and misrepresentation of protected geographical names. Sellers operating through digital platforms may advertise products using GI names without satisfying the standards or geographical requirements associated with those indications. Such practices can mislead consumers while simultaneously affecting genuine producers who depend upon the reputation of the GI for their livelihood.This research examines whether the existing Indian legal framework is sufficiently equipped to address the misuse of GI-protected products and names in the digital marketplace. It focuses particularly on the Geographical Indications of Goods (Registration and Protection) Act, 1999, and considers the practical difficulties involved in identifying, monitoring, and removing potentially infringing online listings. The study adopts a doctrinal approach, supported by an examination of relevant judicial decisions, statutory provisions, international developments, and the changing nature of e-commerce.The paper argues that traditional mechanisms of GI enforcement may not adequately respond to the speed, scale, and cross-border nature of online transactions. It therefore explores the possibility of developing stronger cooperation between GI proprietors, authorised producers, regulatory authorities, and digital platforms. The research ultimately proposes measures for improving online monitoring, strengthening enforcement mechanisms, and ensuring greater accountability in the digital marketplace so that technological development does not undermine the commercial, cultural, and regional significance attached to India’s geographical indications.
Published Paper
Author Details
Authors: SWASTIK KUMAR ROYRegistration ID: 1013441 | Published Paper ID: IJLRA13441Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2163-2175
Article Information
GEOGRAPHICAL INDICATIONS IN THE AGE OF E-COMMERCE: LEGAL CHALLENGES AND THE NEED FOR STRONGER DIGITAL ENFORCEMENT IN INDIA
Authors: SWASTIK KUMAR ROY
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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