INTRODUCTION We are living in a “century of scientific knowledge and innovation”. The world’s leading nations in these times are those who create, innovate and exploit knowledge. Today the standing of a country in the comity of nations depends on its ability to transform knowledge into opportunity, wealth and social welfare through creativity and innovation. Trade and industry are becoming more knowledge driven than ever. Trade in raw and natural substances has given way to trade in high technology goods and services. Creative thinking and the ensuing sea of knowledge and innovation has brought about a complete transformation in the world we inhabit today. Due to globalization, the growth in trading and commercial practice, the need to encourage investment and technology transfer, the need to simplify and harmonise trade mark management systems and to give effect to important judicial decisions, the Trade and Merchandise Marks Act, 1958 has been replaced by the Trade Marks Act, 1999 together with the Trade Marks Rules 2003. The Act has undergone further changes to make trade mark prosecution and protection more efficient in the face of growing commercialization, communication and needs of corporate governance. The topic is selected by the researcher because of focal importance in the Trade Marks Law. The concept of well-known trade mark finds a place in the Trade and Merchandise Marks Act, 1958 in its Section 47 in the form of defensive registration of well-known trade marks, so as to prevent other trade marks which resemble the well-known trade marks, from getting registered. Thus in the Trade and Merchandise Marks Act,1958 the well-known trade marks could be defensively registered, so that despite their non-use, such registr... ... middle of paper ... ...known trade mark. It also analyses the provisions of Act which is mandatory on the part of Registrar for the determination of the well-known marks in India. Chapter-V examines the protection of well-known trade marks under the Trade and Merchandise Act, 1958 specially provision of defensive registration on relying on the various important judgments of the various court in this regard. Chapter-VI focuses on the protection given by the Trade Marks Act, 1999 and tries to analyse the recent trend of interpretation given by the courts to fill up the conflicting terminology use by the legislature under the sec 11(2) and 29(4). Chapter-VII assesses various implications of recognition and protection given to well-known trade marks. Chapter-VIII is the gist of wholistic study and it gives emphasis to various suggestions for the better protection of well-known trade marks.
Other things remained unclear as the level of similarity accepted by the court before an infringement consideration. For second market entrants, having business concepts similar to the first brand in the market could result challenging because there are no specific outlines as of what level of similarity is accepted without facing any legal issues or violation the protection under the Lanham Act. As of today July 2017, there is still no specific regulation on the acceptance of brand similarities.
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are
Atwood takes many of today’s potential scientific developments and illustrates the worst possible outcome of what may happen if we continue the unregulated pursuit of knowledge. In reality, the scientific advances of today will yield a higher standard of living for the majority of the world tomorrow. We will continue to push for the best in everything including science, medicine, and technology; we will not allow any single person to make the sole decision to develop an idea. Scientific progression will save many lives; therefore, it should and will always be there for us.
The rapid industrialization and urbanization had inevitably led to rampant unfair trade practices, most notably fraudulent misrepresentation as to the quality and standard of goods . Accordingly, product liability law had been enacted to raise the standard of goods manufactured and supplied to the consumers, by enabling the consumers to make a defective product liability claim (for compensation) if they suffer any injuries or damages as a result of the product used. In Malaysia, the law concerning liability in defective product is provided for under PART X of Consumer Protection Act 1999 (CPA), which modeled on European Community Directive on Liability for Defective Product 1985 (85/374/EEC) , with further modifications.
Import export act was introduced by government during Second World War and it lasted for around 45 yrs and in June 1992 this act was superseded by the Foreign Trade (Development & Regulation Act), 1992. The basic objective of this new act was to give effect to the new liberalized export and import policy of the Govt. till 1985 annual policies were made but from 1985-92, three yr policy was made and then 5 yr policy was made coinciding with 5 yr plans 1992-97, 1997-02, 2002-07.
Product :- Branding & quality level is established & intellectual property protection such as patents & trademarks are obtained.
The defendant has adopted and started using the impugned trade mark/label dishonestly, fraudulently and out of positive greed with a view to take advantage and to trade upon the established goodwill, reputation and proprietary rights of the plaintiff in the plaintiff’s said trade mark. By the defendant’s impugned adoption and use, deception and confusion in the market is ensuing or is likely to so ensue. The plaintiff’s said trade mark are otherwise being diluted and eclipsed thereby. Any person not knowing clearly the relationship between the parties to this action is bound to be confused by the defendant’s impugned adoption and use and might well do business with the defendant thinking that he is dealing with the plaintiff or that some strong, vital and subtle links exist between the plaintiff and the
... value or distinctiveness or tarnishes the reputation of the famous marks. Even though it is not consumer-centric, well known trademarks should be protected for its psychological hold in the minds of public with regards to the goods or services with which it is associated. In the Indian context, remedy under section 29(4) of the TM Act of 1999 is to be utilized only for those trademarks that deserve such a safeguard. Provisions relating to prohibition of trademark registration of the same Act can be looked into to enhance the protection sought from section 29(4). The concept of fame and reputation of trademarks is important and the requirement for a mark to be ‘well known’ is more than mere reputation. In this direction, ITC Case has well set the path for strict compliance of ingredients required under Sec. 29(4) for action against dilution of well known trademark.
Schmitthoff, C. (1990) Export Trade: The Law and Practice of International Trade: 9th Edition. London: Sweet & Maxwell
Major dominant factors for this trade are the enhancing the shopping for and rising vogue amid the population. Increase within the levels of name commercial enterprise have in addition stopped the imagination and awareness of the general public. a ne...
To begin with, a “trademark” may refer to any word, name, symbol, device or combinations thereof used by merchants or manufacturers of goods and services to identify these specific goods and services, as well as to distinguish them from others offered in the course of trade (____________________________).
The Competition Act at large focuses on forbidding, respective, agreements between undertakings or concerted practices which may restrict the competition within the market. It forbids all practices, which amount to the abuse of a dominant position in the Market by an undertaking where the practice could potentially, affect trade between its members. The rules of the Act set out the basic framework, providing for the maintenance of effective competition in the market.
The restraint of trade implies that ‘’a man contracts to give up some freedom which otherwise he would have had’’. The autonomy of an individual is crucial in creating and maintaining contractual relationships. The law should not limit the person’s liberty to exercise their profession or skill. On the other hand, free flow of labour and resources is essential for a market economy to be functioning. Both principles are benefiting the community and the effort to reconcile these two conflicting principles by the courts should be appreciated. The courts are required to articulate the choice of a principle depending on the circumstances of each case.
Consumer protection is an essential and extensive system of laws intended to safeguard the rights of consumers and encourage fair trade and honest information in the marketplace . Consumer protection encompasses three key areas, known as unfair trading practices, losses or damage and finally, unsafe products. Protection from unfair trading practices is established through the education of consumers in regards to their rights and obligations, losses or damage is monitored by enforcing consumer laws against unscrupulous traders whist unsafe products are regulated through rigorous safety standards . Consumer protection also aims to prevent unlawful trade practices by educating businesses of their rights and responsibilities and protecting the marketplace from the unlawful practices of other businesses. The following reported discusses Australia’s legal protection offered towards consumers currently, recent reforms undergone by the system and areas potentially applicable for reform in the future. In particular the report looks in the Australian Consumer Law (Cth) 2011 and the widespread implications of the legislation.
International trade and investment are commercial operations of critical importance for economic development that pose peculiar legal challenges. Cross-border transactions require the conclusion of several contracts (e.g., relating to sale of goods, transport, financing, dispute resolution), each of them with one or more foreign element; international investments demand a dedicated legal framework to ensure predictability of their various phases . The adoption of a uniform commercial text is commonly seen as the most effective method to ensure that modern, efficient and predictable legislation is enacted. Recognising such needs, the sale of goods contracts are widely recognised as the backbone of international trade and therefore attempts to make a uniform commercial text started as early as 1930. The CISG is the culmination of decades of negotiations and discussions over the harmonization of international sales law.