Critical Analysis of Cybersquatting Regulations in India

Abstract

It is evident that the development of law takes a huge amount of time, and sometimes it takes more than two to three decades to get a new law or get a proper amendment in the current regime of legislation. Also, it can be noted that the law is dynamic in nature, therefore, it shall never be perfect. However, time and again, the government can bring a required amendment to the current laws so that it can meet the current requirement. One such issue that is raising its head is the cybersquatting for which India has no legislation. One might take the defenses that even though we do not have any law related to the cybersquatting but still our judiciary is competent enough to try the cases under the provision of common law of tort that is, passing off. However, the passing off is used for trademark infringement in the physical world which might have different elements to be applied for. Whereas the cybersquatting is such an issue which involve modern cyber terminology like networks, domain name, sub-domain name, second level domain name, top level domain name, etc. and it involves computer and server to commit an offense like cybersquatting.