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September 11, 2025

Legal Issues Seminar-General IP (LIS-GIP) On “Whether Mere Accessibility Of Infringing Products On E-Commerce Platforms Confers Jurisdiction Over A Court”

Featuring: Manish Kumar

The session focused on the evolving standards for establishing territorial jurisdiction in trademark infringement and passing off matters, with reference to key provisions of the Trade Marks Act and the Code of Civil Procedure. Through discussion of judicial precedents, the seminar examined how Courts have interpreted the listing or accessibility of products on e-commerce platforms such as IndiaMart. It was noted that mere online availability, in the absence of targeted engagement /commercial activity directed at the forum state, does not by itself confer jurisdiction. The seminar concluded with the finding that territorial jurisdiction is established only where there is demonstrable evidence of commercial intent or actual transactions within the forum state, and that passive or general online presence is insufficient. 

The Presentation can be accessed here.

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