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Research Paper | Law | India | Volume 13 Issue 12, December 2024 | Popularity: 5.2 / 10

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A Comparative Analysis on the Importance of Copyright and Trademark Laws for Assessing Business Applications: A Study of USA and India

Vaishali Gupta, Dr. Pushpa Mehdoo

Abstract: The advent of cyberspace has revolutionized intellectual property law, creating both opportunities and challenges in the enforcement of copyright regulations. This paper examines the implications of digitization on copyright law, focusing on the disparities between the legal frameworks of the United States and India. Through a descriptive and comparative analysis, the study highlights how the U. S., with its established laws like the Digital Millennium Copyright Act (DMCA), has successfully addressed challenges arising from digital copyright infringement. In contrast, India's legal framework, governed by the Copyright Act of 1957 and supplemented by the Information Technology Act, 2000, lacks explicit provisions for cyberspace, relying heavily on judicial interpretations. Key issues such as software piracy, jurisdictional ambiguities, and the role of internet service providers are explored. Findings suggest that while the U. S. law offers clarity and effective mechanisms for enforcement, India's approach remains in its nascent stages, necessitating significant reforms to align with global standards. This study underscores the importance of robust legislative measures and international cooperation in mitigating the growing issue of copyright infringement in cyberspace.

Keywords: Cyberspace, Digital Copyright, Intellectual Property Law, U. S. Copyright Law, Indian Copyright Law, Digital Millennium Copyright Act (DMCA), Information Technology Act

Edition: Volume 13 Issue 12, December 2024

Pages: 1091 - 1095

DOI: https://www.doi.org/10.21275/SR241214203048

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