Agreements And Enforcement Mechanism And Its Effectiveness

3121 WordsAug 5, 201413 Pages
Trade Marks: Compliance and Enforcement mechanism and its effectiveness to deal with the problem The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members. It is s an international agreement administered by the World Trade Organization (WTO) that. Scenario in India: In 1994 TRIPS (The agreement on Trade-Related Aspects of Intellectual Property Rights) came into existence and hence in accordance with it the Indian laws got amended from old Indian Trade and Merchandise Marks Act, 1958 to new Trade Marks Act, 1999 In India, a combined civil action for infringement of trademark and passing off can be initiated. For sustaining a civil or criminal action against violation of trademarks in India registration of a trademark is not a pre-requisite. Infringement: These are the violation of the exclusive rights given to the proprietor who has registered the trade mark. These involves usage of the similar looking or replica of the registered trade mark for their unsolicited benefits without permission or authorization from the proprietor who has registered the trade mark. Also if someone has use some trademark and have not registered it, in that case Indian law protect the one who has used it first from the one who has registered it giving benefit of doubt to the one who come up with it earlier. Infringement is also viable for criminal
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