LexisNexis Law of Trademarks – Including International Registration under Madrid Protocol and Geographical Indications By K C Kailasam & Ramu Vedaraman Edition 2017

Law Trademarks K C Kailasam,Ramu Vedaraman Edition 2017

Law Trademarks K C Kailasam,Ramu Vedaraman Edition 2017

Salient Features:-

• Single volume book covering Trade Marks and Geographical Indications.
• Analysis of Judicial decisions from India and UK and detailed appendices providing all relevant Acts and Rules
• International Trademark concepts such as:
  • UK Trade Marks Act, 1994,
  • Paris Convention for the Protection of Industrial Property,1883-1979,
  • Madrid Protocol, 1996 etc, discussed
• This edition will include commentary on The Trade Mark Rules, 2017, which changes procedure of filing for trademarks.
• E. g. 74 forms reduced to just 8; Procedure for hearings through videoconferencing etc to streamline the procedure.

Description:-

This book is a single-volume, section-wise commentary for litigators, trademark agent, Judges, on the latest position of law on Trade Marks and Geographical Indications in India, UK and Europe.
This edition provides up ?to- date position on trademark act, and includes latest judicial developments (refer product brief above) and latest legislative developments including the introduction of Trademark rules 2017 which entirely replaces the existing 2002 rules.

The First edition on the Law of Trade Marks & Geographical Indications was published in 2003, when the new Trade Marks Act, 1999 and Geographical Indications Act, 2002 were brought into force. That law was mainly focused on harmonizing the Indian law with TRIPS Agreement and the International Convention. The second edition which came to be published in 2005, incorporated several important new judicial decisions from India and Europe, covering the traditional aspects of the law relating to infringement of trade marks and passing off actions, and the newer forms of unfair competition, comparative advertisements etc. The Second edition reprint was brought out in 2007.Since then, the Trade Marks Act, 1999 was amended by the Trade Marks (Amendment) Act, 2010 mainly to enable India to accede to the Madrid Protocol for International Registration of Trade Marks.

The Amendment to the Rules have also been published.With the expansion of international trade and commerce, the need for obtaining protection to trade marks not only in one’s own home country, but also in other countries, has become increasingly important to commercial enterprises. The Trade Marks law, which is territorial, has its limitations in this respect. The Madrid system administered by WIPO, a UN specialized agency, offers to trade marks owners cost effective, user friendly and streamlined uniform procedure for protecting their trade mark rights as per their own choice in over 80 member countries. Instead of having to make applications in each country, the Protocol facilitates protection in several countries through a single procedure. The system should thus prove to be of great advantage not only to large, but also medium and small scale Indian business enterprises.

The amended Trade Marks law incorporates a new Chapter IVA to give effect to the procedure under the Madrid Protocol. As the Hon’ble Minister of Commerce & Industry said:This instrument will provide an opportunity for Indian companies, which are increasing their global footprint to register trade marks in member countries of the Protocol through a single application, while also allowing foreign companies a similar dispensation.Opportunity is also taken through the amendment of law to rationalize and simplify procedure for recording of assignments and transmissions of trade mark rights and to generally speed up the process of registration of trade marks, by stipulating time limits at different stages. The trade marks law in India has now become truly global.

This Third edition of this book with the revised title Law of Trade Marks including International Registration under Madrid Protocol & Geographical Indications covers all the new aspects of international registration of trade marks under the Madrid Protocol, which is entering into force from 8th July, 2013. It is hoped that this new edition of the book will be found to be useful by the officers of the Trade Marks Registry, legal practitioners, judiciary, law students and generally by all concerned with this branch of intellectual property law.The authors express their grateful thanks for the support and valuable assistance and input provided by the Publishing Director, the Publishing Manager and the entire team of dedicated staff of LexisNexis, India.