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Legal Position of Naked Licensing in Trademarks: A Comparative Legal Study between India and The US

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Title Statement Legal Position of Naked Licensing in Trademarks: A Comparative Legal Study between India and The US
 
Added Entry - Uncontrolled Name Chamarty, Sidharth
Panwar, Garima
 
Uncontrolled Index Term Naked Licensing; Trade Marks; Quality Control; Unregistered Licensee; Barcamerica; Rob Mathys; Bare Licensing; Close Working Relationship; Abandonment of Mark
 
Summary, etc. This paper attempts to present a deeper understanding of the practice of naked licensing in the field of trademark law. The paper traces the development of trademark licensing in India and correlates it with the concept of quality control of licensing. It presents the legislative and judicial standing with respect to quality control provisions associated with trademark licensing in India.The paper looks at the standards for determining adequate quality control and the implications of non-compliance in India vis-à-vis the Law of the United States. The paper attempts to weigh and critique the feasibility of the alternatives available to the court in deciding the outcome of a finding of naked licensing, keeping in mind the consequences of each action, and attempts to suggest solutions to the same.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-08-02 10:26:39
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/40791
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 27, ##issue.no## 1 (2022): Journal of Intellectual Property Rights
 
Language Note en