Cyber-squatting: Legal implications and judicial approaches - An Indian perspective

摘要

The present legal framework in India fails to keep in pace with the inexorable advancement of the online world. Technological advancement is inevitably faster in comparison to the response of the legal framework, but the latter needs to continuously review and adapt itself in order to provide a suitable regulatory regime. In India, the Information Technology Act 2000 is the product of such review and seeks to provide a modernized regulatory framework for e-commerce with necessary safeguards. However, there are certain loose ends that have not been adequately dealt with by the Act. The contention is that, in the present era of information and communications technology, domain names have become valuable business assets and a Trade mark in the internet world. Despite the amendment to the Information Technology Act 2000, these changes have been silent on the issue of cyber-squatting. The Judiciary has been trying to tackle this issue in the light of the Trade marks Act 1999 but this approach fails to address certain issues. This paper will highlight the issues that need attention at this time and the further legislative action that is required.