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K.C. KAILASAM & RAMU VEDARAMAN

LAW OF TRADE MARKS & GEOGRAPHICAL INDICATIONS Law, Practice & Procedure

2nd Edition Reprint 2007

(Exhaustive Commentary on the Trade Marks Act, 1999 & Geographical Indications of Goods (Registration and Protection) Act, 1999. With Full text of International Classification of Goods and Services (NICE)- Alphabetical list)

he enactment of Trade Marks Act, 1999, which has repealed the Trade & Merchandise Marks Act, 1958, has brought about substantial changes in the administration of law relating to trade marks in India. Having become a signatory to the International Convention for Protection of Industrial Property (Paris Convention) and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement), it was necessary for India to render this branch of law to be in tune with these international agreements. For the first time, the law makes provision for registration of trade marks relating to services, registration of “Collective Marks” owned by Associations, and for setting up an Intellectual Property Appellate Board for hearing appeals against the decisions and orders of the Registrar. The protection of well-known marks has been strengthened, besides simplifying the procedure for registration of registered users. The other notable changes are simplification of procedure for registration of trade marks by allowing a single application to be filed for registration of the same mark in several classes, doing away with the system of maintaining Part A and Part B register with different legal rights, strengthening the criminal law to prevent sale of spurious goods, etc. The Companies Act has been amended to prohibit use of some one else’s trade mark as part of Corporate names. It will be a matter of gratification for the trade mark users that the Government of India has taken effective steps to modernize the Trade Marks Registry to meet the growing needs of the commercial community. Mr. Kailasam was privileged to be closely associated, as Senior Joint Registrar of Trade Marks, with the formulation of the new law when the Trade Marks Bill was introduced in Parliament in 1993 and during its consideration by the Department related Standing Committee of Parliament. The author had also an opportunity to work as a Consultant on behalf of the World Intellectual Property Organization, Geneva, in its efforts for modernization of Trade Marks administration in India, Government of Nepal and establishment of a legal system for trade marks registration in the Royal Government of Bhutan. During his service in the Government of India, the author had the privilege of

being associated with the WIPO as a member of various Committees of Experts, including the preparation of Trade Marks Law Treaty. The newly enacted law relating to Geographical Indications, which is an allied branch of law, has also been exhaustively dealt with section-wise and is included as part of the book for the benefit of the users. The authors have endeavored to deal with all the provisions in as much detail as possible, giving the relevant case laws in India, U.K. and the EEC, besides indicating the practice of the Registry at the appropriate places. Since the new law is largely based on the reform process in U.K., the White Paper on Trade Marks Law Reform in U.K., the EC Directive, the new U.K. Trade Marks Act, 1994 are included in the Appendix. The Paris Convention and the relevant provisions of the TRIPS Agreement, both of which India is a signatory, also form part of the Annexure to facilitate reference and to make the publication self-contained. The book will be found to be useful by the judiciary, legal practitioners, law students and all concerned with the subject of trade marks in general.

SCHEME OF PUBLICATION PART I - THE TRADE MARKS ACT, 1999 [ACT NO. 47 OF 1999] · Preliminary [Ss. 1- 2] · The Register and Conditions for Registration [Ss. 3-17] · Procedure for and Duration of Registration [Ss. 18-26] · Effect of Registration [Ss. 27-36] · Assignment and Transmission [Ss. 37-45] · Use of Trade Marks and Registered Users [Ss. 46-56] · Rectification and Correction of the Register [Ss. 57-60] · Collective Marks [Ss. 61-68] · Certification Trade Marks [Ss. 69-78] · Special Provisions for Textile Goods [Ss. 79-82] · Appellate Board [Ss. 83-100] · Offences, Penalties and Procedure [Ss. 101-121] · Miscellaneous [Ss. 122-159] PART II - THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 · Preliminary [Ss. 1-2] · The Register and Conditions for Registration [Ss. 3-10] · Procedure for and Duration of Registration [Ss. 11-19] · Effect of Registration [Ss. 20-24] · Special Provisions Relating to Trade Marks And Prior Users [Ss. 25-26] · Rectification and Correction of the Register [Ss. 27-30] · Appeals to the Appellate Board [Ss. 31-36] · Offences, Penalties and Procedure [Ss. 37-54] · Miscellaneous [Ss. 55-87] APPENDICES PART I - INDIAN ACTS, RULES, GUIDELINES & NOTIFICATIONS · The Trade Marks Rules, 2002 · Offices of the Trade Marks Registry and their territorial limits (vide Trade Mark Journal Supplement, dated March 21, 2003) · The Trade and Merchandise Marks Act, 1958 · The Trade and Merchandise Marks Rules, 1959 · Notifications under the Trade and Merchandise Marks Act, 1958 · Indication of Origin of Goods (S. O. 1272, dated 28th April, 1962) · Documents to be kept at each branch office of the Trade Marks Registry under Section 6(4) of the Act. (S. O. 2602, dated 25th

November, 1959) · Instructions for the Limits of Variation in Respect of Trade Descriptions Notification under Section 95 of the Trade and Merchandise Marks Act, 1958 for the limits of variation as regards trade descriptions of number, quantity, measure, gauge or weight, which are to be observed by criminal courts as permissible in respect of cotton piece-goods, cotton yarn and cotton thread · Rules of the Bombay High Court under Section 110 of the Trade and Merchandise Marks Act, 1958 · Trade and Merchandise Marks (Judicial Proceedings, Madras) Rules, 1968 · Notifications under Section 14 of Notaries Act, 1952 · Relevant Provisions of the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945 · Relevant Provision of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 · The Emblems and Names (Prevention of Improper Use) Act, 1950 · Directions of Central Government · Precedents of Forms in Registration Proceedings · Statements of Claim in Infringement Cases · Statement of grounds for Rectification of the Register · Forms of Orders in Trade Mark Cases PART II - GEOGRAPHICAL INDICATIONS, ACT, RULES & GUIDELINES · The Geographical Indications of Goods (Registration and Protection) Act, 1999 · The Geographical Indications of Goods (Registration and Protection) Rules, 2002 · Guidelines for Filing of Geographical Indication Application · Frequently Asked Questions PART III - INTERNATIONAL TREATIES, CONVENTIONS, U.K. ACT, EC DIRECTIVES INTERNATIONAL CLASSIFICATION (NICE) · Paris Convention for the Protection of Industrial Property · Ratification of Paris Convention · Relevant Provisions of the Geneva Convention Act, 1960 · Certain Provisions of the Trade Related Aspects of Intellectual Property (TRIPS) · Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks · Madrid Agreement concerning the International Registration of Marks · Protocol relating to the Madrid Agreement concerning the International Registration of Marks · Trade Mark Law Treaty · White Paper presented by Government of UK on Trade Mark Law Reforms and EC Directives · Trade Marks Act, 1994 of United Kingdom · Misleading and Comparative Advertising (European Council Directive 84/450 of September 10, 1984) · Amending Directive 84/450 concerning Misleading Advertising so as to include Comparative Advertising (Directive 97/55 of European Parliament and of the Council of October 1997) · UK Control of Misleading Advertisements Regulations, 1988 · Nice Classification—International Classification of Goods & Services for the Purposes of the Registration of Marks (Alphabetical Index of Classification of Goods & Services)

Price : Rs.1,695.00

£150.00

$200.00(US)
Pages 2000 (approx.)

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