Cross Border Ip Protection: Indian Businesses

Introduction

In the age of artificial Intelligence the world economy growing rapidly this was the positive consequence of AI but when we see their opposite side so we were find so many bad consequences are existed, one of them was breach of confidential information, many companies suffer that their Intellectual property breached by third person when we analyse Indian perspective related to IP protection we had IP laws like Trademark, Patent, Copyright, Design statutes the question is arises whether these laws or treaties those India become signatory is far efficient to provide IP protection or whether we need some more strong rules and regulations which regulated the cross border intellectual protection. In this blog we were briefly analyse the Indian laws related to IP protection is sufficient to cover the international business entities and thoroughly understand the rules which recognise by TRIPS.

Intellectual property is a kind of property which creates thought human intellectual or we can also termed him as incorporeal property, in modern scenario intellectual property become very significant for businesses or enterprises like TATA company recognise good reputation in global market if we see their distant logo this was protected under Trademark Act no other entity can copy their logo or doing business except consent granted, so the mark, work , invention no one can steal because it provide a exclusive right to entity also it recognise the brand value or good will of enterprise its very crucial to protect the confidential information of company or intellectual work within country entities feel secure about their work but when shifted towards global perspective, India was signatory of TRIPS[1] agreement thought WTO.

Article 9 of TRIPS Agreement deals with protection of copyright work in global market, copyright work includes literary, musical, dramatic, musical, computer programme, cinematograph film all are protected but conditioned were applied that the protection provided only in those countries who is the member of WTO or signatory of agreement. Term of protection up to 50 years.

Article 15 to 21 provides a protection to work which is related trademark which includes logo, symbol like apple logo or mark which distinct from other products if somebody make a similar mark like apple it leads to infringement and trademark registry raise an objection under section 9 & 12 then applicant would justify their points, also the time period of protection is seven years. This is really good to provide a protection for work which is related to intellectual property in those county who was signatory of TRIPS agreement from the other side situation become intense when we think about those nations who not become a member of WTO and if any country signatory country make an agreement with non-member country so their work not think so protected because each nation has their own domestic laws.

Article 22 of TRIPS agreement talks about protection for geographical indication, i.e. Jammu Rajmah, Darjeeling Tea, Banarasi Saree etc these are comes under geographical indication where the protection is provided to those products which are become immense popular in that particular area or from where they are originated.

[Image Sources: Shutterstock]

Also, recently India & European Union signed a treaty related to trade and protecting the trademark, copyright, patent, GI tags, industrial design and enforcing them.

Challenges for Cross Border IP Protection:

1. Variance in domestic IP laws: Each nation has their own local laws related to protection of intellectual property it is typical too came into same conscience but it may be a situation where the procedure would be same for the protection but each nation has different society from other nation relying on similar laws create anger among societies.

2. Confidential Information: Sometimes employee of a particular company discloses the crucial information of company like employee of Coca cola disclose the secret formula of making soft drinks with third person but in today’s scenario mostly enterprises compel employee to signed the NDAs so that confidential information can’t be revealed by employee if they do that so they facing legal consequences.

3. Security & Privacy: In today’s world privacy become a serious concern tackling this problem such a big question, in the age of artificial intelligence many security breaches are happening around the various big companies, security breaches can be happen thought malware, if somebody disclose the confidential information it adversely affects the company loses their reputation in the market and suffer financial loss.

4. Jurisdiction Conflict[2]: Despite the international treaties and conventions jurisdictional conflict emerged, if infringement happens in Mumbai the owner files a suit within their local limits or where they reside or doing business, IP laws are plaintiff centric but if we talk about CPC (Civil Procedure Code) they are giving edge to defendant under section 21 which talks about other suits files within the local limits of defendant. In cross border infringement the confusion arises that where the suit files because each nation has their own local laws and also, we all know the effectiveness of international law are weak as compare to domestic laws.

Steps for Reducing disparities:

1. Maintain peace and harmony among nations so that they can make strong rules and policies related to IP protection.

2. Business entity uses the strong IP protection software if somebody using the property of entity without their permission or consent then entity should it necessary steps to prevent the harm.

3. Providing training & Awareness programme related to IP protection and what remedies used by the person.

4. Mostly we were seen that international laws distinguish from domestic laws but law makers note that they reduce this conflicting interest and make the laws which are widely acceptable at global level.

5. It is necessary to make changes in IP laws according to the needs of society if law became stagnant it leads to adverse impact on society and that law considered as dead law.

   
   

Conclusion

Intellectual Property is a kind of intangible property its importance become very much crucial for modern age mostly the business enterprises have their different kind of intellectual property like copyright, trademark, patent, geographical indication, industrial design etc protection of these assets very necessary and each nation has their own local laws but if dispute related to outside the jurisdiction of local laws in that situation counties has signed their own treaties if any breach happens outside jurisdiction of any country and if that country signed an treaty with county where the breach happens in that scenario the work absolutely protected like a breach occurs in a origin country, in this situation international treaties play a crucial role for protecting the assets of company and if any dispute arises between enterprises so they can resolve their dispute thought ADR methods like Arbitration, Mediation, Negotiation mostly company specifically mentioned the IPR clause in their agreement or they can separately drafted the IPR agreement for settle out the disputes. With conclusion IPR become stronger field and their protection not to be sacrifice on the sole ground that we not had a strong laws and rules it is necessary to focus on more stronger IP protection at global scenario.        

Author: -Ishan, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] WTO Agreement on Trade Related aspect of Intellectual Property Rights( adopted 15 April 1994, entered into force 1 January 1995) UNTS.

[2] Kopal Tewari, ‘Cross Border Intellectual Property Dispute: Challenges And Legal Strategies For Global Businesses ‘(2014) IJIRL< https://ijirl.com/wp-content/uploads/2025/02/CROSS-BORDER-INTELLECTUAL-PROPERTY-DISPUTES-CHALLENGES-AND-LEGAL-STRATEGIES-FOR-GLOBAL-BUSINESSES.pdf> accessed 13 April 2026.