DOCSLIB.ORG

Trade Marks Protection Under Indian Trademark Law: an Assessment

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Trade Marks Protection Under Indian Trademark Law: an Assessment Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-11, 2016 ISSN: 2454-1362, http://www.onlinejournal.in Trade Marks Protection under Indian Trademark Law: An Assessment Dr.Chandrakanthi. L1 & Dr. Nataraja M. M2 1Assistant Professor, P.G. Department of Law and University Law College Bangalore University, Bangalore -560056 2Assistant Professor, Department of Mechanical Engineering Dr. Ambedkar Institute of Technology, Mallathahalli, Bangalore 560056 Abstract: Today trademark plays very vital role in mean a mark capable of being represented identification of goods and services with their graphically2.Trademark is capable of distinguishing quality. Trademark is a kind of good and the goods or services of one person from those of reputation pertaining to the goods and service others including the shape of goods, their packing provider and helps to identify them with a specific and combination of colours. mark to serve better for the consumer. As it is a ‘A trade mark is a sign that individualizes the kind of intellectual property, legal production is goods or services of a given enterprise and available to it. Violation of trademark right in case distinguishes them from its competitors.3Trade of registered trademark it is infringement and in mark is represented by the symbol TM or ®. case of unregistered trademark it will be passing off. Injunction, damages and account for profit are Therefore, a trademark used or proposed to be used the remedies available for violation of trademark in relation to goods or services for the purpose of rights in India. Now India trademarks are indicating or so as to indicate a connection in the governing under Indian Trade Mark Act, 1999. course of trade between the goods or services, as the case may be, and some person having the right Introduction as proprietor to use the mark4or permitted user, to Trademarks are a very valuable form of intellectual use the mark whether with or without any property like any other intellectual property rights indication of the identity of that person.5 and they are always associated with quality and consumer. Trademark safeguards the interest of The definition of a ‘mark’ contains a list of various consumer as well as trader as trademark make out types of marks. The term ‘mark’ has been defined the origin of goods from a definite trade source. to mean and include a device, brand, heading, label, Hence, it prevents the consumer from duping with ticket, name, signature, word, letter or numeral or a substantial commodity. Trademark enables the any combination thereof.6 Meanwhile the new consumer to distinguish the good from similar trademark Act has got certain additions to the goods. Further trademark helps the consumer to definition of trademark. As per the new definition identify the goods with a particular trader or with of mark under the Act a mark includes shape of his successor as of a business owner. For example, goods, packaging and combinations of colors the trademark ‘Lakme’ distinguishes the goods of also.7Though the trademark defined under the Act Lakme Lever Co. from those of say the ‘Revlon’.1 is very wide, it can be stated in short that Trademark is visual symbol used in relation to any Meaning and Definition of Trademark goods or services to indicate some kind of trade A trademark or trade mark is one of the Intellectual connection between the goods or services and the Property Rights. Trademark is a visual symbol and it might be in the form of work, phrase, design, 2 sound, smell, colour, product configuration, Section 2 (1) (zb) of Trademarks Act of India, numbers, combinations of those, a divide, or a label 1999. 3 applied to articles of commerce, which is capable World Intellectual Property Organization 4 of distinguishing the goods or services of one In relation to chapter XII (other than section107) person from those of others, It has been defined to of the Trademarks Act of India, 1999 5In relation to the other provisions of the Trademark Act, 1999. 1Wadehra, B.L., (2000), Law relating to patent 6Section (1) (j) of Trademark and Merchandise Act, Trademarks Copyright Designs and Geographical 1958. Indications, Delhi: Universal Law 7Section 2(1) (m) of Trademarks Act, 1999. Imperial Journal of Interdisciplinary Research (IJIR) Page 2024 Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-11, 2016 ISSN: 2454-1362, http://www.onlinejournal.in person using the mark. However, to bring a mark matter, usually of a descriptive character, within the scope of the statutory definition of which will be varied depending upon the trademark, it should possess certain essential nature of the goods. In such cases the Registrar features as follows and with them it is easy to may insist as a condition of registration that understand the scope of trademark the blank space should be filled in only matter of specified character. a) Device: Device is a mark, which refers to any Historical Evolution of Trademarks Law in pictorial representation, which does not come India under any other category. b) Brand: Tough the precise significance of the Before 1940, there was not Trademark Act in word ‘brand’ in the definition of mark is not India. At that time there were substantial problems clear, it refers to those kinds of symbols, which were existed especially for the actions of are branded on the goods, in which case the infringement, passing off, etc’ Further more symbols themselves would constitute the different enactments both civil and criminal were trademark for e.g. “Temple Brand” or managing the trademarks protection i.e. the Indian “Gopuram brand”. Penal Code, 1860 in its chapter XVII (sections 463 c) Heading: it is also a mark in relation to textile to 489E) speaks about offences relating to goods. It may contain letters or numerals or “documents and to property marks”. Further any combination thereof.8 sections 478 to 48910 of the same Act speak about d) Label: It refers to a composite mark “property and other marks”. Besides the Indian containing various features including devices, Penal Code, the Specific Relief Act, 1877 also words and descriptive expressions, usually speaks about protection of trademarks and printed on paper, which can be pasted or temporary injunctions in case of infringement.11 attached to the goods themselves or their Further, the registration aspect was attempted to containers. establish by prescribing for a declaration as to e) Ticket: It appears to be something stitched or ownership of a trademark under the Indian tagged on the goods and containing the mark Registration Act, 1908, which was ignored by the printed or pasted thereon. Trade and Merchandise Marks Act, 1958.12By then f) Name: It refers to the name of a company, British rulers enacted the Indian Merchandise individual or firm. It includes an abbreviation Marks Act, 1889 and the Trademarks Act, 1940 to of a name and also work, letter or numeral. protect the trademarks. The 1940 Act was replica g) Shape: Shape of goods and package including of England Trademark Act. The Act was not case, box and containeretc does form a applicable to British Indian states like Mysore, trademark. Patiala, Saurashtra, Hyderabad, Kolhapur and h) Trade Name: Definition of ‘mark’ includes Kapurthala as there were separate legislations were ‘name’ as such the term “trademark” includes there. However, duplicity of trademark law was ‘trade name’. The connection or nexus avoided by reciprocal arrangement between between the marks used in relation to the Government of India and these states. goods and the person claiming a right to use 9 In 1948, common legislation was enacted covering the same is necessary. whole of India except the state of Jammu and i) House Mark and Product Mark: In trade particularly in the pharmaceutical trade we Kashir. Thus, after independence, significant come across two types of trademarks. One is developments took place in the field of business product mark, which is used only in respect of and trade. There was a need to bring out a one particular product; it often referred to as comprehensive legislation on the subject. brand name of the product. And another mark Accordingly the Government of India appointed is that House mark which is used on all the Trademarks Enquiry Committee to make products of a manufacturer. suggestions for the reforms in the trademarks Act, j) Scheme: Scheme of adoring or scheme of colour combination is also considered as a 10However, section 478 and 489 of the Indian Penal mark and could be registered. Code, 1860 were repealed by section 135 and k) Blanks: Trademark containing blanks also Schedule of the Trade and Merchandise Marks Act, considered as mark. Often a proprietor of a 1958. mark designs his label leaving some blank 11Section 54 of the Specific Relief Act, 1877. space to be filled in with some additional Illustrations (w) and (z) of the Section 54 of the Act, 1877 explains the intention of the framers in 8Section 80 of Trademarks Act, 1999. protecting the trademarks. 9Kirloskar Diesel Recon v. Kirloskar Proprietary 12Section 129 of the Trade and Merchandise Marks (1996) IPLR Bom 284 at 307. Act, 1958. Imperial Journal of Interdisciplinary Research (IJIR) Page 2025 Imperial Journal of Interdisciplinary Research (IJIR) Vol-2, Issue-11, 2016 ISSN: 2454-1362, http://www.onlinejournal.in 1940. The committee submitted its of falsification the law provides for the recommendations but all members of the penalties in he form of imprisonment and fine. committee never had unanimous opinion in this B. Protection of the Proprietor’s Right of regard. Therefore, the Government of India Assignment appointed Mr. Justice RajagopalaAyyangar of Madras High Court to examine the report of The law protects the individual commercial Enquiry Committee and make recommendations interest of the proprietor of the trademark like for the reformations.
Load more

Recommended publications
  • Patents, Trademarks, and Copyrights
    Patents, Trademarks, And Copyrights: A PRIMER PREPARED BY TABLE OF CONTENTS 1. INTRODUCTION . 5 B. DESIGN PATENTS . 14 WHAT ARE THE DIFFERENT TYPES OF INTELLECTUAL WHAT IS THE PROCESS FOR OBTAINING A PROPERTY PROTECTION AVAILABLE? . 5 DESIGN PATENT? . 15 2. PATENTS . 6 ARE DESIGN PATENTS OF ANY REAL VALUE? . 16 WHAT RIGHTS DO I OBTAIN WITH A PATENT? . 6 HOW LONG DO MY RIGHTS LAST WITH WHEN SHOULD A PATENT APPLICATION BE FILED? . 6 A DESIGN PATENT? . 16 ARE THERE DIFFERENT TYPES OF PATENTS? . 7 B. DESIGN PATENTS. 16 WHAT IS PATENT MARKING? . 7 HOW DO I TELL IF SOMEONE IS INFRINGING A. UTILITY PATENTS . 8 MY DESIGN PATENT? . 16 WHAT CAN THE SUBJECT OF A UTILITY CAN I PROTECT MY DESIGN OUTSIDE THE U.S.? . 17 PATENT APPLICATION BE? . .. 8 3. TRADEMARKS . 17 ARE COMPUTER PROGRAMS AND METHODS OF WHAT IS THE DIFFERENCE BETWEEN A TRADEMARK DOING BUSINESS PATENTABLE? . 8 AND A SERVICE MARK? . 18 WHAT IS THE TERM OF A PATENT? . 9 SHOULD I UNDERTAKE A TRADEMARK SEARCH? . .18 WHAT IS THE PROCESS FOR OBTAINING A HOW DO I REGISTER MY TRADEMARK? . .18 UTILITY PATENT? . .9 WHY BOTHER REGISTERING MY TRADEMARK? . 19 I PLAN TO OFFER MY PRODUCT FOR SALE SOON. WHAT IS THE TERM OF A TRADEMARK? . 20 CAN I FILE SOMETHING “QUICKLY” TO HOW DO I GIVE NOTICE OF TRADEMARK RIGHTS? . 21 PRESERVE MY RIGHTS? . 10 WHAT SHOULD I DO IF I THINK MY TRADEMARK HOW DO I TAKE ACTION IF I THINK MY PATENT IS OR TRADE DRESS IS BEING INFRINGED? . .21 BEING INFRINGED? . 11 CAN I OBTAIN INTERNATIONAL ARE PATENT SEARCHES AND CLEARANCE TRADEMARK PROTECTION? .
    [Show full text]
  • Contributing Firm Anand and Anand Advocates Authors Munish Mehra
    India Contributing firm Anand And Anand Advocates Authors Munish Mehra Associate Priyanka Kher Associate 157 India Anand And Anand Advocates 1. Legal framework • the district court’s jurisdiction to decide infringement and passing-off actions; and • stringent penalties for offences. National The Trademarks Act 1999 brought the Indian The act has also removed the provisions on statutory framework into line with worldwide defensive registration. trends and met India’s obligations under the Agreement on Trade-Related Aspects of International Intellectual Property Rights (TRIPs). Innovative India is a party to the following international interpretations of the Trademarks Act 1999 by the treaties and conventions: courts have expanded the scope of trademark • the Paris Convention for the Protection of rights and developed jurisprudence on Industrial Property; trademark law. • the TRIPs Agreement; • the Vienna Codification for Graphic Marks The Trademarks Act 1999 came into force in (although India is not a signatory); and 2003, repealing the Trade and Merchandise • the Nice Classification (Seventh Edition) for Marks Act 1958. It introduced sweeping Classification of Goods and Services changes to trademark law, including (although India is not a signatory). provisions for: • the registration of service marks and collective marks; 2. Unregistered marks • the filing of multi-class applications; • the recognition of shapes, goods, packaging and colour combinations as registrable Protection subject matter; In addition to statutory protection to registered • the abolishment of Part B of the register and trademarks, the act protects unregistered marks. of the need for disclaimers; This has its roots in the traditional common law • an increased term of registration and renewal system under the tort of passing off.
    [Show full text]
  • UNITED STATES DISTRICT COURT EASTERN DISTRICT of WASHINGTON OTR WHEEL ENGINEERING, INC., ) BLACKSTONE/OTR, LLC, and F.B.T. )
    Case 2:14-cv-00085-LRS ECF No. 597 filed 10/05/16 PageID.<pageID> Page 1 of 31 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 8 OTR WHEEL ENGINEERING, INC., ) BLACKSTONE/OTR, LLC, and F.B.T. ) 9 ENTERPRISES, INC., ) ) 10 Plaintiffs, ) No. CV-14-085-LRS ) 11 v. ) ORDER RE ) POST-TRIAL MOTIONS 12 ) ) 13 WEST WORLDWIDE SERVICES, INC., ) and SAMUEL J. WEST, individually and ) 14 his marital community, SSL Holdings, Inc., ) SSL Global, Inc., SSL China LLC, and ) 15 Qingdao STW Tire Co., Ltd., ) ) 16 Defendants. ) ___________________________________ ) 17 BEFORE THE COURT are Plaintiffs’ Renewed Motion For Judgment As 18 A Matter Of Law On Fraud Counterclaim And Motion For New Trial On 19 Registered And Unregistered Trademark (ECF No. 547), Defendants’ Renewed 20 Motion For Judgment As A Matter Of Law Pursuant To Federal Rule Of Civil 21 Procedure 50 (ECF No. 550), Defendants’ Motion To Suspend Or Lift The 22 Preliminary Injunction And For Recovery Of Cash Bond (ECF No. 499), and 23 Plaintiffs’ Motion For Permanent Injunction (ECF No. 521). 24 These motions were heard with telephonic oral argument on September 19, 25 2016. Geana M. Van Dessel, Esq., and Robert J. Carlson, Esq., argued for 26 Plaintiffs (collectively referred to herein as “OTR”). Christine LeBron-Dykeman, 27 Esq., argued for Defendants (collectively referred to herein as “West”). 28 ORDER RE POST-TRIAL MOTIONS- 1 Case 2:14-cv-00085-LRS ECF No. 597 filed 10/05/16 PageID.<pageID> Page 2 of 31 1 I. BACKGROUND 2 Jury trial in this matter commenced on June 20, 2016.
    [Show full text]
  • Emerging Protection For· Non-Traditional Trademarks: Product Packaging and Design
    Emerging Protection for· Non-Traditional Trademarks: Product Packaging and Design Margaret A. Boulware Partner Baker & McKenzie LLP ASPATORE 55 INSIDE THE MINDS Introduction A focus of my practice is counseling clients on creative and cost-effective protection of their valuable intellectual property assets. Distinctive visual feature presentations, such as product design and packaging, are often oyerlooked for federal trademark protection, which lasts as long as the product feature is in use and extends throughout the U.S. Because my clients invest significant resources in new products, I cbunsel them to consider intellectual property protection for non-traditional trademarks as well as copyright and patent protection. I have represented clients in worldwide branding strategy ranging from consumer products in the automotive industry to highly sp·ecialized equipment for oil and gas exploration and production. My firm was founded in 1949 and has more than 3,900 locally qualified lawyers and 7,000 professional staff in sixty-seven offices and thirty-nine cotmtries. Baker & McKenzie is known for advising clients in trademark protection due to the global reach of its intellectual property professionals and represents some of the world's largest trademark portfolio owners. This · depth of knowledge provides my clients with a worldwide view of protection for non-traditional marks. I work with clients on initiatives for the global marketplace to enhance brand recognition and value. Protection for Non-Traditional Trademarks Protection of non-traditional trademarks balances the need for the customer to recognize the source of the product or service against the need for others to effectively compete. "Trademarks are protected from unauthorized use so consumers have reliable source indication and can trust the quality of the goods or services associated with a mark.
    [Show full text]
  • Handbook on Intellectual Property Rights in India
    HANDBOOK ON INTELLECTUAL PROPERTY RIGHTS IN INDIA Rajkumar S. Adukia B. Com. (Hons.), FCA, ACS, AICWA, LL.B, Dip.IFR (UK), MBA Mobile +91 98200 61049/+91 93230 61049 Fax +91 22 26765579 Email [email protected] www.carajkumarradukia.com http://rishabhacademy.com PREFACE Intellectual property rights (IPR) have become important in the face of changing trade environment which is characterized by global competition, high innovation risks, short product cycle, need for rapid changes in technology, high investments in research and development (R&D), production and marketing and need for highly skilled human resources. Regardless of what product an enterprise makes or what service it provides, it is likely that it is regularly using and creating a great deal of intellectual property. There is an emergent need for enterprises and professionals to systematically consider the steps required for protecting, managing and enforcing intellectual property rights, so as to get the best possible commercial results from its ownership. This book provides an insight into the laws related to intellectual property and the administration of these laws. 1 INDEX S.No Contents Pg Nos 1 Introduction 3 2 History of IPR in India 10 3 Overview of Laws related to Intellectual Property 16 Rights in India 4 Copyright 17 5 Patent 38 6 Trademark 66 7 Designs 76 8 Geographical Indications of Goods 84 9 Semiconductor Integrated Circuits Design 91 10 Biological Diversity 96 11 Protection of Plant Varieties and Farmer Rights 101 12 Undisclosed Information 106 13 Indian Intellectual Property – Administrative 107 Machinery 14 The Agreement of Trade Related Aspects of 111 Intellectual Property Rights (TRIPS) 15 World Intellectual Property Organization (WIPO) 113 16 Intellectual Property Treaties 116 17 Commercialization of Intellectual Property 119 Rights(IPR) 18 Important Websites 122 2 1.
    [Show full text]
  • A Comparison of Indian and Chinese Trademark
    A Comparison of Indian and Chinese Trademark Law This is an important study conducted after discussing with more than 100 business associates in China, Hongkong, India & London. Many publications, Press News were collected to compile this report. The Indian legal system comes under frequent criticism for various reasons – systemic delays being among the top reasons, folloed by corruption in enforcement bodies and the lower judiciary. Delays particularly haunt those foreign entities that have not until recently had India on their map. An outstanding aspect of India’s legal system is that it affords the same protective rights to citizens and domestic legal entities as it does to foreign individuals or legal entities under its IP laws. Evolution of the legal system Indian courts have incorporated the principle of transborder reputation in trademark law jurisprudence and granted countless foreign trademark right owners wide protection for their brands, often in the absence of even a trademark registration in India, and frequently without use of the trademark in the Indian market. Indian courts have protected these trademarks on broad principles of equity and the desirabiulity of upholding good business ethics under the law of torts. There are adquate opportunities in India’s legal system to remedy an incorrect decision or wrongly laid down law. The writ jurisdiction of the courts under the constitution is a powerful tool for any person to seek an effective remedy against acts of arbitrariness, inaction and/or negligence on the part of government authorities, and this has come to the aid of many foreign entities with a grievance against the authorities established under IP laws.
    [Show full text]
  • OVERVIEW of TRADEMARK LAWS in INDIA Index Slide Particulars Slide Particulars Nos
    OVERVIEW OF TRADEMARK LAWS IN INDIA Index Slide Particulars Slide Particulars nos. nos. 3. India as an amenable jurisdiction 13-20. Recognition i. Registered trademarks under the Act ii. Well-known trademarks iii. Trade dress 4. Trademark as an international concept 21-26. Protection: i. Ownership ii. Opposition iii. Rectification / cancellation iv. Cross-bd/border/ trans-bdborder reputtitation 5-8. International Trademark law: 27-28. Actions– infringement and passing – off i. Paris Convention ii. TRIPS iii. Madrid Protocol 9. Indian Statutory Law: Trademarks Act, 1999 30-33. Civil and criminal remedies i. Civil – injunction, damages and accounts of profits, costs, delivery-up, other restraint orders, ii. Criminal – imprisonment and fine 10-12. Draft Trade Marks (Amendment) Rules, 2015 34. Conclusion and Na tiona l In te llec tua l Proper tty RiRight hts Po licy, 2016 India as an amenable jurisdiction India is widely recognized as an amenable jurisdiction for trademark registration and protection of trademark rights, inter alia : Constant modernization of trademark offices with a vision to protect IPR; leading to growth in trade, commerce and industry; Multi-tier enforcement mechanism – Registrar, intellectual property appellate board (IPAB), civil and criminal courts; At the Registrar level: Wide recognition of trademarks, trade-dress and well-known trademarks; Speedy registration process (constantly improving; for instance, the finance minister of India has proposed a policy which will allow registration of trademarks within a period
    [Show full text]
  • The Slants Decision Understates the Value of Trademark Registration in Promoting Speech - Correctly Decided with a Conclusory Analysis
    THE JOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW THE SLANTS DECISION UNDERSTATES THE VALUE OF TRADEMARK REGISTRATION IN PROMOTING SPEECH - CORRECTLY DECIDED WITH A CONCLUSORY ANALYSIS DAVID C. BREZINA ABSTRACT The highly anticipated case of Matal v. Tam resulted in the band, The Slants, eventually being able to register their band name as a trademark, with a goal in mind to reclaim Asian stereotypes. Despite this decision, it is not immediately clear how having a registration enhances the registrant’s right to use the mark as a part of free speech, when the Court observes that Tam could call his band The Slants even without registration. This article touches on the Tam case, by analyzing both the positive and negative rights that federal trademark registration yields. By expanding on a variety of examples, this article will explore the focus for a First Amendment evaluation on rights of speech, rather than focus primarily on the prima facie case that comes with having a trademark registration, concluding that the advantages to free speech resulting from registration are substantial. Copyright © 2018 The John Marshall Law School Cite as David C. Brezina, The Slants Decision Understates the Value of Trademark Registration in Promoting Speech - Correctly Decided With a Conclusory Analysis, 17 J. MARSHALL REV. INTELL. PROP. L. 380 (2018). THE SLANTS DECISION UNDERSTATES THE VALUE OF TRADEMARK REGISTRATION IN PROMOTING SPEECH - CORRECTLY DECIDED WITH A CONCLUSORY ANALYSIS DAVID C. BREZINA I. INTRODUCTION ........................................................................................................ 381 II. REFUSAL OF REGISTRATION TO DISPARAGING MARKS ............................................ 382 III. ARE FEDERAL TRADEMARK REGISTRATIONS PRIVATE SPEECH SUBJECT TO FIRST AMENDMENT PROTECTIONS? ................................................................................. 383 IV.
    [Show full text]
  • Gauhati University Guwahati ‐ 781014
    ‐ GAUHATI UNIVERSITY GUWAHATI ‐ 781014 REGULATION AND SYLLABUS OF THREE YEAR LAW DEGREE COURSE IN SEMESTER SYSTEM WITH CHOICE BASED CREDIT AND GRADING SYSTEM LEADING TO THE AWARD OF LL.B. / LL.B.(HONS.) DEGREE IN CONFORMITY WITH THE BAR COUNCIL OF INDIA RULES (UNDER THE ADVOCATES ACT, 1961) PART –IV and as approved and adopted by the Bar Council of India at its meeting held on 14th September, 2008 vide resolution No. 110/2008 (Rules under Section 7(h) & (i), 24(1)(c)(iii) and (iii)(a), 49(1)(af) ,(ag), and (d) of the Advocates Act, 1961. And as approved and passed by the Academic Council, Gauhati University on ………………………… 2 ‐ REGULATION ‐ PART – A TITLE, COMMENCEMENT AND DEFINITIONS 1. Title: This regulation may be known as the Regulation of 3yr. Law Degree Course in Semester System with Choice Based Credit and Grading System (CBCGS) leading to the Award of LL.B. / LL.B. (Hons.) Degree. 2. Commencement: a) This regulation shall come into force from 2010‐2011 session. b) The students who took admission in 3yr. law degree course in 2009‐10 session will also be governed by the syllabus & course structure prepared under this regulation from 2010‐11 session i.e. from their Semester – III onwards, with necessary minor adjustments as noted in relevant places of the syllabus and the course structure. In order to reduce the number of papers of the students who took admission in 2009‐10 session this arrangement has been made. However, the results of the students who took admission in 2009‐10 session will be declared in marks & not in grades.
    [Show full text]
  • The Trade Marks Act, 1999
    ABOUT US To take forward the implementation of the National Intellectual Property Rights (IPR) Policy, 2016, Cell for IPR Promotion and Management (CIPAM) was created in the year 2016, as a professional body under the aegis of Department for Promotion of Industry and Internal Trade (DPIIT) to ensure focused action on issues related to IPRs. CIPAM works on addressing the objectives of the National IPR Policy and assists in simplying and streamling of Intellectual Property (IP) process, apart from undertaking steps for furthering IPR awareness, commercialisation and enforcement. ABOUT THE BOOKLET This booklet consists of the basic questions covering various nuances of IP. The questions and answers (Q&A) are a powerful learning tool, breaking the conventional monotonous system of learning. This booklet is to aid you to understand the importance of IPR as a Police officer and as a master trainer. This booklet will build the capacity of the master trainers to understand IPR, implement local training sessions and to conduct the presentation. ACKNOWLEDGEMENT & DISCLAIMER CIPAM is thankful to the International Trademark Association (INTA), Anand & Anand, Khaitan & Co. and Singh & Singh for their immense support and valuable suggestion with respect to the content of this booklet. The information contained in this booklet is provided for educational, information and non-commercial purposes only, and should not be constructed as legal advise or as on offer to perform legal services on any subject matter. All designs and images in this booklet have
    [Show full text]
  • The Distributive Effects of IP Registration
    The Distributive Effects of IP Registration Miriam Marcowitz-Bitton* Emily Michiko Morris** 23 STAN. TECH. L. REV. 306 (2020) ABSTRACT Although the law often seeks to level the playing field, all too often the law has the opposite effect and tilts the playing field in favor of some over others. Intellectual property law is no different. This article focuses in particular on the registration of intellectual property (IP) rights, which has long been a prerequi- site for full protection under patent, trademark, and copyright law. Registering IP rights yields significant advantages, but it also imposes significant costs, which in turn may create distributive effects by hindering some more than oth- ers. Acknowledging IP rights without registration can therefore be a more egal- itarian way of protecting innovation and creativity. Indeed, some forms of IP—specifically copyright and trademark—allow for both registered and unregistered rights. Yet this article is the first to explore the distributive implications of such two-tiered regimes. On the one hand, register- * Associate Professor, Bar-Ilan University Law School, S.J.D University of Michigan Law School. ** Visiting Associate Professor, Pennsylvania State University Dickinson Law. The authors wish to thank Daniel Benoliel, Thomas Cotter, Estelle Derclaye, Rochelle Dreyfuss, John Duffy, Graham Dutfield, Janet Freilich, Deborah Gerhardt, Yotam Kaplan, Jacob Nussim, Ruth Okediji, Dotan Oliar, Julio Raffo, Rebecca Tush- net, Michael Schuster, Shlomit Yanisky-Ravid, and Lior Zemer, as well as the partic- ipants at the European Policy for Intellectual Property 14th Annual Conference, ETH, Zurich, Switzerland. Spring 2020 THE DISTRIBUTIVE EFFECTS OF IP REGISTRATION 307 ing IP rights helps provide the public with notice of those rights and their (ap- proximate) boundaries.
    [Show full text]
  • Celebrity in Cyberspace: a Personality Rights Paradigm for Personal Domain Name Disputes
    Celebrity in Cyberspace: A Personality Rights Paradigm for Personal Domain Name Disputes Jacqueline D. Lipton* Abstract When the Oscar-winning actress Julia Roberts fought for control of the <juliaroberts.com> domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the <name.com> space, implicate unique aspects of an individual’s persona in cyberspace. Nevertheless, most of the legal rules developed for these disputes are based on trademark law. Although a number of individuals have successfully used these rules in practice, the focus on trademark law has led to inconsistent and often arbitrary results. This Article suggests that if personal names merit legal protection in cyberspace, it should be under an appropriate set of legal rules, rather than through further expansion of trademarks. This Article develops a new framework for personal domain name disputes based on the theories underlying the right of publicity * Professor, Co-Director, Center for Law, Technology and the Arts, Associate Director, Frederick K. Cox International Law Center, Case Western Reserve University School of Law. The author would particularly like to thank Professor Mark Janis whose comments on a previous paper proved to be the inspiration for this one. The author would also like to thank Professor Diane Zimmerman, Professor Mark Lemley, Professor Cynthia Ho, Professor Mark McKenna, Professor Brett Frischmann, Professor Lawrence Solum, Professor Amitai Aviram, Professor Ann Bartow, Professor Paul Heald, Professor Ilhyung Lee, and Professor B.
    [Show full text]