SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

SYMBIOSIS LAW SCHOOL, PUNE

Reaccredited by NAAC with ‘A’ Grade

LL.M DISSERTATION ABSTRACT

“INFRINGEMENTS RELATED TO INTELLECTUAL PROPERTY RIGHTS ON

THE DARK-WEB”

Under the Guidance

PROF. DR. (Mrs.) RUPAL RAUTDESAI

And

PROF. (Mr.) UJWAL NANDEKAR

Submitted by

Shauryanker Kaushik

PRN- 20010143059

(2020-2021)

Submitted in the partial fulfillment of the requirement for the

Award of LL.M in “Innovation, Technology and Intellectual Property Law”

 ABSTRACT

TITLE: INFRINGEMENTS RELATED TO INTELLECTUAL PROPERTY RIGHTS

ON DARK-WEB

“Google knows about only 4% of the Internet and rest of it is hidden, known as the deep web
or the dark web”
The dark web is a part of the internet which requires certain special software to access. Once
the user has accessed it, websites and services provided therein can be accessed in a similar
way as they can be in the normal web. There are several methods to access the dark web,
including TOR, Freenet, and I2P. One of the most popular and commonly used method globally
is called Tor (The Onion Router), mostly because it is one of the easiest software packages to
use to access the dark web.
In this research paper, the researcher will explore how the dark web has played a part in the
larger process of selling counterfeit products.The researcher will explore the most common
commodities sold on the dark web, i.e. knock-off watches and first copy handbags. Since the
dark web enables the user to be completely anonymous, it is a place of choice for other activities
ranging from whistle-blowers contacting journalists to go public, all the way to pedophile
groups, criminals and even terrorists to keep their business secret. Despite US government
shutting down the Silk Road and its subsequent incarnations, the next generation of Darknet
marketplaces are thriving. Best known for their brisk trade in illicit drugs, weapons and porn,
they’re also bursting with gorgeous high-end knockoffs of various luxury brands (if you know
where to look) thereby causing substantial loses to these brands who invest heavily in their
business portfolio.
The researcher will try and analyse the inter-relationship between physical functioning of these
business and the wide-spread availability of “high-end knockoffs” of various luxury and
mainstream brands. Due to the discrepancies in the legislative outlook in respect of brands
available on the dark web, it hasn’t been explored by academicians and lawful authorities. A
multi-disciplinary approach focusing on legislative responses taken by various countries will
be undertaken and suggestive recommendation in respect of the Indian legislative outlook in
relation to illicit trading on the dark web.