Author: Saima Firdous, Amity Law School, Noida, Uttar Pradesh; LLM(IP) 2022-23
ABSTRACT
The protection of trademarks is crucial in ensuring fair competition in the global market. The World Trade Organization (WTO) has established legal frameworks for protecting intellectual property rights (IPR) globally, including trademarks. India, as a member of the WTO, has adopted these frameworks and developed its own laws and regulations to protect trademarks.
This analytical study examines the legal protection of trademarks in the context of the WTO and India. It aims to analyze the effectiveness of the legal frameworks established by the WTO in protecting trademarks and their impact on India’s trademark regime. The study begins by providing an overview of the legal frameworks established by the WTO for protecting trademarks. It highlights the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which sets minimum standards for the protection and enforcement of IPR, including trademarks.
The study then focuses on India’s trademark regime and its compliance with the TRIPS Agreement. It examines India’s trademark laws and regulations, including the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. The study assesses the adequacy of India’s trademark laws and regulations in protecting trademarks and ensuring compliance with the TRIPS Agreement.
Next, the study analyzes the challenges faced by India in enforcing its trademark laws and protecting trademarks in the global market. It examines the issues of counterfeiting and piracy and their impact on India’s economy. The study also assesses the role of India’s judiciary and the challenges faced by the judiciary in protecting trademarks.
Overall, this analytical study highlights the importance of protecting trademarks in the global market and the legal frameworks established by the WTO to achieve this goal. It emphasizes the need for India to comply with the TRIPS Agreement and improve its trademark regime to protect its domestic industries and compete effectively in the global market.
Keywords: Trademark, WTO, TRIPS, Intellectual Property Rights.
