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January 30, 2024

Legal Issues Seminar-General IP (LIS-GIP) On “Is ‘Degree of Control’ by the Proprietor a pre-requisite for a Valid Trademark License?”

Featuring: Anurathna Mathivanan

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Anurathna Mathivanan, Associate, on “Is ‘Degree of Control’ by the Proprietor a pre-requisite for a Valid Trademark License?”. The seminar analysed licensed use of registered trademark and the requirements of a valid trademark license as prescribed under the Trade Marks Act, 1999. The session delved into various judicial decisions that have considered the applicability of the requirements under the Trade Marks Act, 1999 to licenses that are entered into under common law.  The seminar traced the various requirements of valid trademark licenses, as laid out by Courts, and the requirement to ensure a connection in the course of trade between the Licensor and the Licensee. The session concluded with an interesting discussion on the standard of quality control to be employed by the Licensor, and the control over licensee’s use of the trademark to ensure distinctiveness of the trademark.

The presentation can be accessed here.

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