INTELLECTUAL PROPERTY RIGHTS IN

INDIA WITH SPECIAL REFERENCE TO

TRADEMARKS:A CRITICAL STUDY
Dissertation

Submitted by

Siddharth kamboj
In partial fulfilment for the award of degree
Of
Masters of law(llm)
IN
LAW

AT
Sharda university

Submitted By Supervised By
Siddharth kamboj Miss Anu Singh

LLM(corporate law)
 CERTIFICATE

This is to certify that the project entitled “INTELLECTUAL PROPERTY RIGHTS IN

INDIA WITH SPECIAL REFERENCE TO TRADEMARKS:A CRITICAL STUDY”
embodies an original work done by Anish Kumar under supervision. Further the work has not
been submitted in part or full, for any degree of this or any other university and is worthy of
consideration for the award of degree of MASTER OF LAWof SHARDA UNIVERSITY.

Supervisor & Guide

Signature:

ACKNOWLEDGEMENT
At the onset, I would like to express my deepest appreciation to all those who provided me
the possibility to complete this dissertation report. As a special gratitude, I would like to
express my sincere thanks to my guide, Prof.ANU SINGH, whose contribution in
stimulating suggestions and encouragement helped me to complete my dissertation report.

My thanks gratitude and appreciation are also due to authors and publishers of various
books, journals and reports for providing me the available literature and data pertaining to
this study.

Last but not least, I am thankful to all those who were connected to me directly or
indirectly in accomplishing this project. Without their support, it would have been
impossible to achieve this task.

I extend my sincere thanks to all of you.

 CONTENTS
S.No. Chapter Contents Page
1. Chapter-I Introduction 1-16

2. Chapter-II Competing Rationales for Protection of IPRs 17-38

3. Chapter-III Patents 39-66

4. Chapter-IV Industrial Designs 67-79

5. Chapter-V Geographical indications 80-85

6. Chapter-VI Copyright Laws in India 86-105

7. Chapter-VII Fundamentals of Trademarks 106-111

8. Chapter-VIII Legal Concepts of Trademarks 112-118

9. Chapter-IX Trademark Laws in India 119-133

10. Chapter-X The Madrid System for the international 134-138

registration of Marks

11. Chapter-XI Conclusion 139-140

12. Annexure-I Flow chart of process of filing Trademarks in 141

India

13. Annexure-II Case Laws in Trademarks 142-151

References 152-153

Bibliography 154-156
 LITERATURE REVIEW

The Intellectual property laws in India have had almost a docile and stagnant existence ever
since they were framed with the result that the inadequacy of Indian laws, is now being exploited
by commercial opportunists’ world over.
India being a member of the WTO has to implement the TRIPs Agreement in totality. This
requires that Indian intellectual property laws have to be amended to bring in conformity with
the provisions of the TRIPs Agreement. While the laws on trademarks, copyrights, designs, are
the ones which are a cause of concern in the minds of both the Indian and the International
community.

India being a social welfare state the Indian Patent Act was framed in a manner that ensured that
the patent rights relating to pharmaceuticals could be regulated by the government. The Patent
Act of 1970 also excluded agricultural products from patentability. Both the above provisions
were aimed at keeping the prices low, ensuring adequate supply and growth of the Indian
industry. Now India has to amend its Patent Act since it is under an obligation to do so. Being a
developing country, India by virtue of Art. 65 (1) (2) & (3) has to provide within ten years’
effective product patent in pharmaceutical industries.

The Indian concerns are centered on the undernoted apprehensions:

1. Drugs becoming expensive and beyond the reach of the common man due to heavy royalties
being charged by the patent holder of such drugs, raising drug prices.
2. In the agricultural sector the farmers would be loaded with the burden of paying royalties to
the suppliers of improved variety of seeds who would be the patent owners of seeds.
3. Invoking the provision of compulsory licensing on the grounds of non-availability of the
patented invention to the public at reasonable price would not be easily possible once the
Indian patent act is brought in accordance with the provisions of TRIPs agreement.
4. Once India amends its patent law to include product patent in pharmaceutical industry, Indian
industry has to necessarily engage itself in new product to remain globally competitive.
Evidently none of the Indian Companies have the financial strength to undertake drug
development as a part of its research and development (R&D) portfolio. The government is
 already burdened with its own compulsions. Government support to (R&D) wings of
pharmaceutical industry does not seem to be a probability. The generation of surplus finances
of (R&D) in order to enable the survival of Indian pharmaceutical industry is also an area of
concern.
5. The traditional knowledge of medicine in India, i.e., Unani and Ayurvedic are also threatened
by the system of product patent. The medicinal products have existed in our country for
centuries without any one exercising a monopoly right over them. In the post TRIPS
scenario if a person gets a patent for such a patent abroad he would be entitled to an
exclusive right in the product. This implies that Indians would have to pay the price fixed by
the patentee since he would have the monopoly right to determine the price and supply of
such products. We would lose what has been ours for centuries. The anticipation of such a
circumstance is also giving sleepless nights in our country. The answer lies in enacting
suitable legislation to protect our heritage.