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Title: Ambush Marketing – Need for Legislation in India
Authors: Seth, Rukmani
Keywords: Ambush marketing
intellectual property infringement
protected events
official sponsors
unfair competition
Issue Date: Nov-2010
Publisher: NISCAIR-CSIR, India
Abstract: Ambush marketing has emerged in recent years as an effective, though controversial, weapon in the arsenal of marketing departments. Various corporations have indulged in ambush marketing to exploit international events such as the Olympics, Football World Cup, or the Commonwealth Games. This paper seeks to examine ambush marketing as an intellectual property infringement and suitability of the current IP legislations to tackle it. Primary data such as case laws and secondary data such as articles and parallel provisions with regard to IPR have been referred, which show that due to the absence of principle legislations and case precedents, corporations indulging in ambush marketing are able to get away scot-free. To overcome this problem, various countries such as South Africa, New Zealand, Australia, China, England, Brazil and Canada have brought out amendments or legislations defining ‘ambush marketing’ as a specific type of IPR infringement and fixing liability for the same. It is time that India considers introducing such a legislation not just because its peers have taken such a step but because in the light of large scale events being organized in the country, there is a need to protect legitimate sponsors.
Page(s): 455-463
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.15(6) [November 2010]

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