Impact Of International Treaties On Indian Trademark Law
- IJLLR Journal
- Jun 5
- 1 min read
Samta Sharma, Amity Law School, Mohali, Punjab
INTRODUCTION
“A good trademark, whether a word mark or symbol, is devoid of fashion or trend, which makes it potentially iconic if it's seen for long enough in the right places.”
- Ivan Chermayeff.
The interconnected global economy has had a major impact on national legal frameworks, especially regarding Intellectual property Rights (IPR). Trademark, an essential part of IPR, are regulated by a combination of Local Laws and International Agreements. The swift expansion of Global trade and commerce has made it essential to establish Unified Legal Frameworks. India, being a member of the World Trade Organization (WTO) and a participant in several International Agreements, has made considerable changes to its Trademark Laws to meet Global standards.
This Term paper examines the various ways international treaties affect Indian trademark law, highlighting significant agreements like the Paris Convention, the TRIPS Agreement, and the Madrid Protocol.4 These treaties have played a crucial role in shaping not only the legal framework but also the judicial interpretations and policy advancements in India. By aligning with the principles outlined in these treaties, India has created a trademark system that promotes innovation, attracts foreign investment, and safeguards the rights of trademark holders.
This paper delves into key case laws and judicial precedents to shed light on how International obligations impact Indian trademark Law. Notable cases like Novartis AG v. Union of India, ITC Limited v. Philip Morris Products SA, and The Coca-Cola Company v. Bisleri International Pvt. Ltd. demonstrate the ways in which courts have understood and applied treaty provisions in a domestic context.
