Intellectual Property In International Trade

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INTRODUCTION Property in general parlance can be defined as a physical or tangible asset whose ownership is vested in a person or a group of person who exercise full control over the properties. The owner has complete right over the property and his right includes right to sell, mortgage, and rent However, intellectual property is not a new concept but it has gained importance with the emergence of globalisation. With the growth in international trade and commerce there was a need felt for introducing international treaties and conventions to bring the nations under one global trade regime. Basically, Intellectual property means the right which is an outcome of the intellectual activities undertaken in the industrial, scientific or literary…show more content…
TRIPS AND TRADEMARK Trademark is one of the significant components of intellectual property. Part II of the TRIPS agreement contains provision pertaini9ng to Trademark. After the Trade& Merchandise Act got repealed a new legislation was enacted which was known as Trademark Act, 1999. Trademark Act, 1999 has incorporated all the provisions of TRIPs and complies with the international obligations. TRADEMARK Black’s Law Dictionary provides that “Trademark is a distinctive mark, motto, device or emblem, which a manufacturer stamps, prints or otherwise affixes to the goods he produces, so that they may be identified in the market, and their origin be for.” In general parlance trademark is a mark that distinguishes the good of one enterprise from the goods of its competitors. It is mark used by the producers to make the easy recognition of the goods by the consumers and to ensure quality of the goods. The mark is especially used to establish its own identity in the market and prevent the low quality similar goods from replacing the good quality goods. Section 2 (1)(zb) of The Trademark Act, 1999 defines trademark as mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of…show more content…
1940 was the year when the first Trademark Law evolved in India. There was no statutory legislation on trademark prior to 1940. However, section 54 of The Specific relief Act, 1877 contained provision pertain9ing to infringement and law of passing. The Registration Act, 1908 was used for registering the trademark for the purpose of establishing ownership. Trademark Act, 1940 was enacted to deal with several problems arising out of the use of trademark. The English trademark has a great impact on the Indian trademark laws. With the passage of time economy of India started developing rapidly and it accelerated the growth of trade and commerce. Soon, the situation became alarming and there was need felt for the enactment of the new trademark laws. To serve the purpose Merchandise Act, 1958 was passed with a view of providing better security and preventing malpractices of using fraudulent marks on

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