Is Your Brand Protected Outside India?

Introduction

India has hundreds of laws that apply to the citizens of the country but the question is, are those laws or statutes applicable to the ones not residing in the country or in simple terms, to the foreigners? Let us simplify it with a situation, if you are in India and someone commits fraud on you on a digital platform and that particular person or website which was responsible for fraud is not in India. How will you sue them or can you even sue them? Tricky, right? Now apply the same situation to your registered trademark, what if it has been infringed by an outsider or a foreign company, can you sue them under the Trademark Act of India. In order to answer this question and protect your valuable trademarks from being misused, we are going to discuss the jurisdictional aspect of the India's trademark statute -Trademark Act of 1999 (hereafter TM act or Act) in this article.