By K.C. KAILASAM & RAMU VEDARAMAN

The enactment of Trade Marks Act, 1999, which has repealed the Trade & Merchandise Marks Act, 1958, has brought about substantial changes in the administration of law relating to trade marks in India. Having become a signatory to the International Convention for Protection of Industrial Property (Paris Convention) and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement), it was necessary for India to render this branch of law to be in tune with these international agreements. For the first time, the law makes provision for registration of trade marks relating to services, registration of “Collective Marks” owned by Associations, and for setting up an Intellectual Property Appellate Board for hearing appeals against the decisions and orders of the Registrar. The protection of well-known marks has been strengthened, besides simplifying the procedure for registration of registered users. The other notable changes are simplification of procedure for registration of trade marks by allowing a single application to be filed for registration of the same mark in several classes, doing away with the system of maintaining Part A and Part B register with different legal rights, strengthening the criminal law to prevent sale of spurious goods, etc. The Companies Act has been amended to prohibit use of some one else’s trade mark as part of Corporate names. It will be a matter of gratification for the trade mark users that the Government of India has taken effective steps to modernize the Trade Marks Registry to meet the growing needs of the commercial community.

Mr. Kailasam was privileged to be closely associated, as Senior Joint Registrar of Trade Marks, with the formulation of the new law when the Trade Marks Bill was introduced in Parliament in 1993 and during its consideration by the Department related Standing Committee of Parliament. The author had also an opportunity to work as a Consultant on behalf of the World Intellectual Property Organization, Geneva, in its efforts for modernization of Trade Marks administration in India, Government of Nepal and establishment of a legal system for trade marks registration in the Royal Government of Bhutan. During his service in the Government of India, the author had the privilege of being associated with the WIPO as a member of various Committees of Experts, including the preparation of Trade Marks Law Treaty. The newly enacted law relating to Geographical Indications, which is an allied branch of law, has also been exhaustively dealt with section-wise and is included as part of the book for the benefit of the users. The authors have endeavored to deal with all the provisions in as much detail as possible, giving the relevant case laws in India, U.K. and the EEC, besides indicating the practice of the Registry at the appropriate places. Since the new law is largely based on the reform process in U.K., the White Paper on Trade Marks Law Reform in U.K., the EC Directive, the new U.K. Trade Marks Act, 1994 are included in the Appendix. The Paris Convention and the relevant provisions of the TRIPS Agreement, both of which India is a signatory, also form part of the Annexure to facilitate reference and to make the publication self-contained. The book will be found to be useful by the judiciary, legal practitioners, law students and all concerned with the subject of trade marks in general.

Published Year: 2007 Format: n/a ISBN: INIP1 Publisher: Lexis Nexis Butterworths Wadhwa Nagpur No of Pages: 2000 Our Price: India. Rs. 1,695.00 Reviews: 0 reivew(s).

Add to Wish List Tell a Friend Write a Review