Virtual Goods and Digital Designs: A Case for Sui Generis IP Protection in India

Abstract

Existing Intellectual property laws of India are facing difficulties in safeguarding digital markets and video games alongside metaverse platforms and virtual possessions and digital design items. Studies reveal that virtual property protection is missing under Indian laws through existing copyright regulations and trademark frameworks and design right frameworks. The current legal frameworks fail to provide satisfactory resolution methods for conflicts about virtual ownership of digital assets. A doctrinal, analytical and comparative legal research methodology has been adopted in this paper. Studies show global nations are working to improve their digital intellectual property legislation, but India has been lacking. India requires a new intellectual property regulation framework to establish guidelines that will supervise digital domains and their technological development.