IP Disputes In E-Commerce – A Jurisdictional Dilemma

"As long as different countries have different laws and cultures, there are no good principles for jurisdiction, only less bad ones. Every nation wants unity, but no nation wants to give up any of its traditions."¹ – Carlen-Wendels

Abstract

India is witnessing a digital revolution within a techno-commercial environment known as E-Commerce. This evolution which is characterised by exponential change has successfully created business opportunities for millions and is continuously redefining our economy. Along with this digital revolution, Intellectual Properties have gained importance in various fora. As both E-Commerce and Intellectual Property intersect, courts and tribunals around the world are facing challenges in determining the governing law and to ascertain jurisdiction.