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ARTICLE · 14 SEPTEMBER 2026

When Does The Internet Create Territorial Jurisdiction? Re-thinking The Geography Of IP Litigation In India

Hammurabi & Solomon Partners
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The Delhi High Court's reference to a Larger Bench examines a fundamental question: when does online commercial activity establish territorial jurisdiction in intellectual property disputes? As digital commerce erases traditional geographical boundaries, courts must determine whether website accessibility, targeted advertising, or completed transactions create sufficient legal nexus with a particular forum.

IndiaLitigation, Mediation & Arbitration
Arpita Mukherjee
Arpita Mukherjee
Prakarti Srivastava
Prakarti Srivastava

When does an online act legally happen in a particular place?

A trademark may be advertised from Mumbai, viewed by a consumer in Delhi, purchased in Bengaluru and fulfilled from a warehouse in another State. A digital advertisement may reach millions without being directed at any particular jurisdiction. The internet has therefore unsettled a principle that territorial jurisdiction traditionally took for granted: that commercial activity has a geographical centre.

The Delhi High Court’s reference to a Larger Bench in Hindustan Unilever Ltd. v. Kwick Living (I) Pvt. Ltd., 2026 SCC OnLine Del 6451, brings that problem into sharp focus. On 25 August 2026, Justice A.J. Bhambhani referred three questions concerning territorial jurisdiction in intellectual property disputes, identifying an apparent tension between Section 20 of the Code of Civil Procedure, 1908 (“CPC”), Section 134(2) of the Trade Marks Act, 1999 and Section 62(2) of the Copyright Act, 1957. The reference is significant

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