Abstract:
In the globalized world, trademarks play a crucial role in identification of goods of a proprietor and distinguishes them from those of the other proprietors. In India as well as throughout the world trademarks protection has become very important from the economic point of view. This paper explores the concept of intellectual property with detailed emphasis on complex process of protection of trademarks in India. It intends to examine the legal framework for registration of a trademark in India, violation of a registered/ unregistered trademark with the help of the current laws and rules, along with understanding the historical evolution of those laws. This study also touches upon various issues such as infringement, passing off and counterfeiting along with measures to counter the same. This study also highlights the significance of protection of a trademark from the point of view of a proprietor, members of trade and public at large.
In conclusion, this study emphasises how critical trademark protection is in today’s interlinked world. It presents a deep insight into the challenges vis-a-vis solutions that surround trademark protection by analyzing the legal, historical, and practical dimensions of trademarks in India, thus benefitting the owners, their business associates, and in the wider sense, society at large.
Research question:
- What is the legal framework for protection of Trademarks in India?
Research Methodology:
Research methodology of this paper involves analysis of Trademark laws and regulations in India including The Trade Marks act, 1999 and Trade Marks Rules, 2017, along with landmark cases which have moulded the trademarks law in India such as Nandhini Deluxe v Karnataka Co- Operative Milk Producers Federation Ltd., Vishnudas Trading as Vishnudas vs The Vazir Sultan Tobaccoco. Ltd., Corn Products Refining Co. vs Shangrila Food Products Ltd., Cadila Laboratories Ltd. And Anr. vs Dabur India Limited, Bennet, Coleman, and Company vs Fashion One Television LLC and Anr., South India Beverages Pvt Ltd v. General Mills Marketing Inc, Osram Gesellschaft Mit BeschrankterHaftung v/s Shyam Sunder and Ors. And Kei Industries Limited V/S The Registrar Of Trade Marks C.A.,andInternational conventions relating to Intellectual property such as TRIPS, Berne and Paris conventionsto answer the research question.
Introduction:
In today world Intellectual Property is all around us. Starting from trademark of toothpaste in the morning, to copyright of books one uses, to patent of devices one uses. Since the beginning of civilization, property has existed in many forms and has been an essential idea. Human cultures are firmly embedded with the idea of legal control over valuable entities, allowing owners to use, alter, and defend their belongings. This legal structure includes both intangible assets—collectively referred to as intellectual property (IP)—and tangible assets, sometimes known as physical property. Intangible works of human intellect are included in the broad category of intellectual property, which is protected by law from unauthorised use or application. IP is considered as the most valuable assets one can build in current time.
Understanding the concept of property is essential to grasp the nuances of Intellectual Property. Property, in a legal context, entails the rights bestowed upon individuals to control valuable assets. Two main types of property exist:
- Physical Property: Physical property simply conveys corporeal property, which can be owned by an individual or owned by an organization. In relation to this definition, the rights that accompany the physical property include consuming, altering sharing, selling, renting, and amenity where exclusion of others is concerned.
- Intellectual Property: Now intellectual property, on the other hand, is anything owned or legally claimed by an individual or company that has been created by or through the application of human intellect or mind power. This can include: patents, trademarks, copyrights, geographical indications, industrial designs, and trade secrets.
Intellectual property, as a concept, underscores the notion that certain products of human intellect merit protective rights akin to those granted to physical property. Developed economies worldwide have instituted legal measures to safeguard both tangible and intangible assets. The two primary types of property—physical and intellectual—emphasize the broad spectrum of ownership rights individuals may have over their possessions[1].
IP Rights are also viewed as a human right by various authors and scholars as they relate Ip rights with article 27(2) of human of universal declaration of human rights which states that everyone has the right to the protection of moral and material interests resulting from as scientific, literature or artistic production of which he is the author.
When it comes to intellectual property rights it is outcome of human mind and intelligence. It is a very private though which comes and get recognized under right to privacy under article 21 of the constitution of India. As, the supreme court has mentioned in the K.S. Puttuswamy[2] judgement that right to privacy is a recognized right under right to life under article 21 and the right extends to private thoughts of people through which an invention/ creation is made which is also protected as per the judgement as the judgement does not lay any boundary whether right to privacy exists only on materialistic basis but also thought process which can create something. IPR is related in the senses so with this judgement under this right as it embarks the conceptional value of humans on both intelligence and physique.
Intellectual property rights (IPR) confer exclusive rights to creators over their intellectual creations for a specific period and are negative rights for others. Intellectual Property Rights (IPR) cover a spectrum of creations of the human intellect. The most prominent types include patents, trademarks, copyrights, geographical indications, industrial designs, and trade secrets.
- Patent: Patent is a method that, in general, gives a new way of doing something or presents a novel technical solution to a problem. A patent is an exclusive right awarded for such an invention. Technical details of the invention must be made public in a patent application in order to get one[3].
- Trademark: Trademarks are signs distinguishing goods or services of one entity from others. Protected by intellectual property rights, trademarks are crucial for brand recognition and consumer trust[4].
- Copyright: The legal word “copyright,” often known as “author’s right,” refers to the ownership rights that authors and artists have over their creative works. Books, music, paintings, sculptures, films, computer programmes, databases, ads, maps, and technical drawings are among the works that fall under the purview of copyright protection[5].
- Geographical Indications: A geographical indicator (GI) is a label applied to goods that are originated in a certain region and have characteristics or a reputation unique to that region. A sign that identifies a product as coming from a specific location is necessary for it to serve as a GI. Record number of GI tags were registered in the recent years[6].
- Industrial Designs: Industrial designs pertain to the ornamental aspect of an article, covering both three-dimensional features like shape and two-dimensional features such as patterns. It safeguards the visual appearance of a product[7].
- Trade Secret: Trade secrets involve intellectual property rights over confidential information, which may be sold or licensed.
[1]WIPO,https://www.wipo.int/aboutip/en/#:~:text=Intellectual%20property%20(IP)%20refers%20to,and%20images%20used%20in%20commerce, (last visited on Jan 27, 2024).
[2]K.S.Puttuswamy vs U.O.I and Ors., AIR 2018 SC (SUPP) 1841.
[3] The Patents Act, 1970, No. 39, Acts of Parliament, 1970 (India).
[4] The Trademarks Act, 1999, No. 47, Acts of Parliament, 1999 (India).
[5] The Copyright Act, 1957, No. 14, Acts of Parliament, 1957 (India).
[6] The Geographical Indications Act, 1999, No. 48, Acts of Parliament, 1999 (India).
[7] The Industrial Designs Act, 2000, No. 16, Acts of Parliament, 2000 (India).