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
Sep 11, 2026

Technology companies building in India are frequently told two contradictory things: that software cannot be patented in India, and that software patents

Software Patents in India Explained: What Can and Cannot Be Patented?
News & Updates, Thought Leadership
Sep 05, 2026

Written by: Dr. Ajai Garg and Siddhant Chamola As Artificial Intelligence has now emerged as a disruptive ecosystem reshaping Global economy,  India’s

India’s Pursuit for Global South AI Leadership through Agentic AI Systems: Navigating Intellectual Property Challenges
News & Updates, Thought Leadership
Sep 02, 2026

Author: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which gives a human inventor

From Innovation Incentives to Technology Diffusion – Protection of Intellectual Property Created by Agentic Artificial Intelligence
News & Updates, Thought Leadership
Aug 30, 2026

I. The Infringer’s Privacy Paradox The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is built around a clear rule. Personal data

The DPDP Act’s Unanswered Question: Can Privacy Law Block a Software Piracy Investigation?