Title: Brand protection in India's digital economy: trademarks vs. competition regulation

Authors: Ipsita Das; Aranya Nath; Anusuya Ghosh; Anas Mhanna

Addresses: School of Law (KSOL), Kalinga Institute of Industrial Technology, 751024, Bhubaneswar, India ' Damodaram Sanjivayya National Law University (DSNLU), 531035, Visakhapatnam, India ' Christ Deemed to be University, Christ University Road, 30 Valor Court, Dasve Lavasa, Mulshi, Pune, 412112, Maharashtra, India ' School of Law (KSOL), Kalinga Institute of Industrial Technology, 751024, Bhubaneswar, India

Abstract: The digital economy in India has significantly impacted brand protection, with the need for robust trademark protection intensifying to combat issues like counterfeiting, cybersquatting, and unauthorised use. Competition regulation aims to ensure fair market practices, prevent monopolistic behaviour, and foster innovation. This study examines the legislative and judicial framework governing trademarks in India, highlighting key provisions under the Trade Marks Act, of 1999, and their application in the digital context. It also assesses the role of the Competition Commission of India (CCI) in addressing anti-competitive practices. The study identifies tensions and synergies between trademark protection and competition regulation, examining how digital platforms, e-commerce, and social media influence these legal domains. Comparing the study with jurisdictions like the EU and the USA, the paper proposes a balanced approach that harmonises trademark enforcement with competition law principles to ensure brand protection efforts do not stifle competition and innovation in India's burgeoning digital economy. Recommendations include policy reforms, enhanced cooperation between regulatory bodies, and the adoption of technology-driven solutions to safeguard brands while promoting a competitive and fair digital marketplace.

Keywords: brand protection; trademarks; competition regulation; Indian digital economy; intellectual property rights; IPR; e-commerce; digital marketplaces; competition law.

DOI: 10.1504/IJIPM.2025.150698

International Journal of Intellectual Property Management, 2025 Vol.15 No.6, pp.598 - 622

Received: 20 Jun 2024
Accepted: 01 Oct 2024
Published online: 22 Dec 2025 *

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