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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.15 [2010] >
JIPR Vol.15(4) [July 2010] >
| Title: | Analysis of the Mysterious Element of Quality Control in Trademark Licensing |
| Authors: | Mittal, Raman |
| Keywords: | Licensing
trademark licensing
naked licensing
quality control
trafficking
character merchandising |
| Issue Date: | Jul-2010 |
| Publisher: | CSIR |
| Abstract: | This article is
about the practice of trademark licensing done without an exercise of quality
control which in the legal parlance is known as ‘naked licensing’. The article
explores the meaning, origin, forms and rationale of quality control which as
per the law, the proprietor of a trademark must exercise on the activities of
his licensee. There are two kinds of provisions in the Trademarks Act, 1999 as
to requirement of quality control. One, direct provisions found in Sections
49(1)(b) and 50(1)(d) mandate a registered proprietor to exercise quality control
over the registered user. Two, the provisions mandating quality control are
implicit in other provisions of the Act such as Section 57 read with Section 9.
The paper seeks to analyse the relevance of these provisions and develops an
argument that the direct provisions have lost their relevance and should be
taken out of the statute book while maintaining that the implicit provisions
continue to be meaningful. |
| Page(s): | 285-292 |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.15(4) [July 2010]
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