Development of Trade Mark Law a road to stringent IPRs

YoungBites. Dated: 5/17/2017 12:02:09 PM

ZAFAR BHAT Jammu, May 16 The trade and Merchandise Marks Act, 198, have served its purpose over the last five decades. It was felt that a comprehensive review of the existing law to be made in view of development in trading and commercial practices, increasing globalization of trade and industry, the need to encourage investment flows and transfer of technology, need for simplification and harmonization and trade mark management system and to give effect to important judicial decisions. However, In India, before independence during the British rule, statutory protection to the trade marks was accorded by the Trade Marks Act, 1940. The Trade Marks Act, 1940, was based on the Trade Marks Act, 1938 of England. Since for enactment of the trade Marks Act, 1940, significant development took place in the field of business and trade. To meet with these requirements, after independence,in 1953, the Government of India appointed trade Marks Enquiry Committee. This committee was to make suggestions for the reforms in the Trade Marks Act, 1940, but the members of the Enquiry Committee did not give a unanimous opinion in this regard. Therefore, the government of India appointed Mr Justice N. Rajagopala Ayyangar of Madras High Court to examine the report of the Enquiry Committee and make recommendations to the Government for the reformation of the Trade Marks Act, 1940. To keep peace with the changing trend of investment flows and technology transfer at the international level, comprehensive amendment of the TMM, Act, 1958, was required. Therefore, in 1999, The Trade Marks Bill, 1999 was introduces in the Rajya Sabha on 1st December, 1999. Pertinently, it is the need of the hour that there would be better protection of trade marks for goods or services; and the prevention of the use of fraudulent marks on goods and services.


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