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The law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875. [3] The first statutory law related to trademark in India was the Trade Marks Act, 1940 which had similar provision to the UK Trade Marks Act, 1938.
A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.
The economic effects of intellectual property reform in India is a complex subject area, and would require a separate detailed article. A beginning may be made by referring to Sunil Kanwar and Stefan Sperlich (2020), [17] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.
There were five High Courts functioning in the various units of the States - at Jodhpur, Jaipur and Bikaner, the High Courts of former Rajasthan and Matsya Union, before unification of the Rajasthan. The Rajasthan High Court Ordinance, 1949 abolished these different jurisdictions and provided for a single High Court for the entire State.
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of Patents, Designs and Trade Marks.
The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui generis Act of the Parliament of India for protection of geographical indications in India. India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property ...
Registration services are organizations or individuals that contact IP applicants or owners and request payment for an apparently official registration of their IP.. Many applicants for and owners of patents, trademarks and industrial design rights receive letters from such registration services and different IP offices and organizations around the world regularly issue warnings in connection ...
One disadvantage of the Madrid system is that any refusal, withdrawal or cancellation of the basic application or basic registration within five years of the registration date of the international registration will lead to the refusal, withdrawal or cancellation of the international registration to the same extent.
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