India signatory to Madrid Protocol :Six years post ratification of the Madrid Protocol, India enters the international regime of registration of Trademark.By notification dated 8th July 2013, the Trade Marks (Amendment) Act 2010 and the Trade Marks (Amendment) Rules, 2013 came in to force to...

This article begins with a puzzle. Statutory provisions relating to trademark dilution were introduced for the first time into Indian law with the Trade Mark Act of 1999, which came into effect in 2003. Yet since their inception, these provisions have remained on the shelf, largely untouched for...

The practice of the trademark by unlawful means or illegal means by producing it in trading is known as trademark piracy. If there is a breach of trademark, the proprietor of the registered trademark can take legal action and for an unregistered trademark, the only option is passing off. The...

In intellectual property law, “exhaustion” refers to the extinction of the entitlement to prevent the further sale of a product once the product has been put on the market. Developing such a limitation becomes necessary in order to reconcile the exclusivity granted under intellectual...

The Trademarks Act, 1999 through Section 30 contain specific provisions dealing with the exhaustion of rights, the courts have granted injunctions preventing parallel imports of trademark goods. A common feature of these suits have been not the violation of the Trademark Act but the allegation...

The issue of parallel imports with respect to the Indian Copyright Law involves an interplay of the three doctrines of distribution rights of the copyright owner, the hypothetical manufacture test and the divisibility of copyright. This article examines the statutory provisions involving these...