Prem Chandar, Chitra Subbiah and Scarlet Danielle Grey look at the vacuum in India’s trademark law when it comes to transborder reputation in their article “Transborder Reputation: A vacuum in India’s trademark law” for Asia IP Magazine.
With India being one of the most lucrative business centres for foreign entities, the authors advocate in favour of guidelines for the courts to follow to ensure foreign entities are not forced to demonstrate actual use of the mark to assert and protect their exclusivity in other countries.
“Without the legislature playing lighthouse, the judiciary seems to be struggling to reconcile its differences in opinion. The need of the hour is a guideline or directive framework for spillover/transborder reputation from the Parliament upon which the courts can build their reasoning”, they said.
Read the full article here.