The Conflict of Laws and Cross-Border Enforcement of India’s IP Rights in Online Fantasy Games: Jurisdictional Challenges

Abstract

The surge of online fantasy games (OFG) within the meta-verse presents a complex challenge to the cross-border enforcement of intellectual property (IP) rights, particularly for India. OFG operates in the digital space. The creators, users, and servers are usually located in different countries and thus it is challenging to determine which law is applicable or where the jurisdiction lies. While international treaties like TRIPS and the Berne Convention offer broad guidance they struggle to address the complex realities of virtual worlds. In these spaces content is created and shared across borders making it hard to control IP infringement across different jurisdictions. Without a clear global legal framework, the problem only deepens. This calls for a serious rethinking of existing laws and the development of new enforcement strategies that fit the virtual landscape. With online fantasy sports expanding quickly and creating new IP challenges this research is very useful for policymakers, legal experts and the gaming industry as they navigate these evolving legal issues.
Additionally, this paper refers to NITI Aayog’s policy guidelines which emphasises on the need for effective techno-legal solutions to address new digital challenges in OFG. It examines India’s current approach to IP rights enforcement and the jurisdictional issues that emerge across countries. This paper proposes to highlight legal gaps and suggest practical steps to improve international IP enforcement in realm of OFGs so as to further improve, encourage innovation and fair competition across the online gaming industry while also ensure sustainable progress and gain confidence from all stakeholders.