Affiliation:
1. HIMCAPES College of Law, India
2. Panjab University, India
Abstract
The mushroom growth of cyberspace and e-commerce has been increasingly threatening to the trademark and trademark statutes like the challenge posed to the domain names in connection with trademarks. Domain names cannot be restricted geographically with regards to access, use, and invasion, and cybersquatting is when trade name is used directly or after registration to invade the rights of the lawful user to whom the domain name belongs. The only objective is to feed upon the goodwill of a lawful owner to earn profits. Unlike other countries, India now does not have specific legislation for the protection of domain names and resorts to the Trademarks Act, 1999. Protection of inventions and enhancing cybersecurity is the need of the hour. To conform in compliance with the WIPO internet treaties to safeguard the copyrighted works, online digital risk management (DRM) schemes were drafted in the Copyright (Amendment) Act, of 2012. Thus, the chapter aims to emphasise the need to designate cybersquatting as a cybercrime while understanding cybercrime, its nature, and judicial intent.
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