Law of trade marks in India: with introduction to intellectual property

The first edition published in year 2001 when the Trade mark Act, 1999 awaited commencement after enactment, till 15 Sept, 2003, the third edition of 2014 revised earlier in 2006 and 2009 is in your hands. The first edition of the book contained provisions of both the 1958 and 1999 Act to serve the period of transition; we have slowly given way to old cases and provisions under 1958 Act and now predominantly discuss 1999 Act. The book was result of an ambitious project to bring home to legal discipline, the importance of trade marks to serve as tools of economic development rather than only contested cases in courts. It also translated my learning of trade mark law and MNCs useful for a spread out audience, outside the Faculty of Law of Delhi University. We competed with patents considering selling as more important than production and that patents are dependent on trade marks for sales.
The first chapter explains all aspects of intellectual property (IP) in the contemporary world where IP has overshadowed all other disciplines of knowledge, power or intrinsic value. The new interpretations and impact of IP decisions in other countries, like that on law of dilution, shapes, trade dress, colour combination, honest practices, exhaustion and parallel imports or new test of educating the consumer for distinctiveness, aggrieved person, damages, reading down of transbor-der reputation, all make it necessary that the book need to be revised every five years. In India, classes of service marks have been increased in fourth schedule showing their future potential. It is felt that decisions of European Court of Justice shall be referred a lot more in India, which has been kept in view while updating the book.
The Third Edition covers a range of issues on trade mark law till November, 2013.1 trust the book would spread the knowledge of IP and trade mark law to deprived and ordinary business enterprises and answer economic aspirations of all. This book is practical but gives logical critique of the judgments and statute law balancing it with interest of stakeholders in India. In-depth research and comprehensive coverage of the Trade Marks Act, 1999 and relevant cases is inherent strength of the book. It is designed and conceptualised as a single-source expert guide for Indian trade mark law.+
India became 14th of the G-20 economies to accede to the Madrid Protocol for international registration of trade marks on July 8, 2013. The law of international registration introduced on July 8, 2013 has been dealt in sufficient detail in Chapter 32 with coverage wherever necessary in all chapters of the book. The text and Common Regulations necessary for practising international registration under Madrid System are provided in Appendix.
Now the trade mark offices and professionals within India can assist brand owners for protection of trade marks in all the markets, where they have commercial interest. Other similarly placed professionals overseas may assist clients in their countries for India; the book is useful for both having written with a view of international audience interested in India.
In this edition, the comprehensive text is targeted primarily at inquisitive, occupational or intellectual interests including professionals and practicing advocates seeking clear answers to the core trade mark issues and problems. It remains a useful tool for anyone who wishes to acquire a broad-based understanding of the fundamentals of trade marks system in India. It summarizes what is clear, identify what is unsettled, and comments on what is unsettling as a trend, particularly in the Indian context and offers concise views on how some open issues might be sensibly resolved. This all-new third edition is a fully integrated treatise on legal and business perspective. It lucidly manoeuvres you through the intricate and contemporary concepts of trade mark literature.
This book is sure to benefit the legal managers, legal practitioners, teachers, students of law and all those who are interested in trade mark literature. Some comments and submissions are addressed to higher judiciary and decision makers in the Government (Ministry of Industries). The IP law in general and trade mark law in particular are national and territorial in spite of wrong internationalization of the same by Indian judiciary, but refusal by other countries would compel Indian Judiciary to backtrack. The Indian economic interest based on the best practices of other countries has been recommended which could be taken further by Readers.
The Singapore Treaty on the Law of Trade Marks adopted in Singapore on March 27, 2006 entered into force on March 16, 2009 when it was ratified/ acceded by ten countries. As of July, 2013, there were 30 contracting parties to the treaty which establishes common standards for procedural aspects of trade mark registration and licensing. The treaty is an effort to update Trade Mark Law Treaty, 1994 which had 33 members. The treaty has not been commented upon in the book.