Identifying factors affecting trademark infringement in the field of electronic commerce with Delphi method
نویسندگان
1 Department of Law, Brunel University, London, England
2 Department of Law, Qom North Branch, Islamic Azad University, Qom, Iran
doi
10.22075/ijnaa.2024.33100.4926چکیده
Trademark infringement in cyberspace is a crucial issue that has been facilitated and increased by the expansion of the Internet and artificial intelligence, leading to disputes between individuals that require a suitable performance bond. Among these, trademark infringement is one of the most important issues in electronic commerce. This research is applied with qualitative methods using library resources and expert-based questionnaires. In the qualitative section, 15 experts and 25 first-hand references were selected by snowball sampling for experts and purposeful sampling for documents. The Delphi method was used to analyze the data and to determine the validity and reliability of the information obtained from the expert-based questionnaire. Necessary checks were done, including acceptability (expert review) and confirmability (expert review). The reviews show that the current trademark rights in Iran do not include all possibilities and cannot work well in cases of trademark infringement in cyberspace. Iran's legislators need to express trademark rights, examples of trademark infringement, and exceptions. Therefore, approval of the electronic commerce law in Iran, adding basic items in the field of trademarks, monitoring the strict implementation of laws, and maintaining the security of active businesses are requirements.