Skip to main content

Prem Chandar, Chitra Subbiah and Scarlet Danielle Grey look at the vacuum in India’s trademark law when it comes to transborder reputation in their article “Transborder Reputation: A vacuum in India’s trademark law” for Asia IP Magazine.

With India being one of the most lucrative business centres for foreign entities, the authors advocate in favour of guidelines for the courts to follow to ensure foreign entities are not forced to demonstrate actual use of the mark to assert and protect their exclusivity in other countries.

“Without the legislature playing lighthouse, the judiciary seems to be struggling to reconcile its differences in opinion. The need of the hour is a guideline or directive framework for spillover/transborder reputation from the Parliament upon which the courts can build their reasoning”, they said.

Read the full article here.

Read more:

 

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming
News & Updates, Thought Leadership
•
Oct 31, 2026

A startup has developed a new technology, filed a patent application and begun building its product. The filing is an important milestone. But what happens

Your Startup Has Filed a Patent. Now What? The Commercial Value of IP
News & Updates, Thought Leadership
•
Oct 29, 2026

‘First published on Chambers’ By: Lakshmidevi Somanath and Kanishka Vaish Leveraging the Process of Interim Injunction as a Strategic Instrument in

Leveraging the Process of Interim Injunction as a Strategic Instrument in India & U.S. IP Litigation
News & Updates, Thought Leadership
•
Oct 27, 2026

When a pharmaceutical company develops a new formulation of an existing drug, is it creating a genuine innovation or extending its monopoly over a medicine

Evergreening or Genuine Innovation? The Patentability of New Drug Formulations in India