In India, trademark laws are stringent in accepting and acknowledging brand licences as a whole. Precedents have been set to recognize common law principles; however, to understand how rights against infringers work in practice, it is worthwhile to scrutinize well-established practices and understand their value.
Partner
Singh & Associates
The trademark laws in India are governed by the Trade Marks Act, 1999, which specifically states that all licences or permissions for trademark use must be in writing.
The parties to the licence must spell out the exact relationship and permission that each enjoys by virtue of the trademark’s ownership and the permitted use.
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Sumita Singh is a partner at Singh & Associates, a law firm based in New Delhi.
N-30, Malviya Nagar, New Delhi -110017 India
Tel: +91 11 4666 5000, 2668 7993, 2668 0331
Fax: +91 11 2668 2883, 4666 5001
Email: newdelhi@singhassociates.in
Website: www.singhassociates.in
