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Title: The Registrability of Unconventional Trademarks in India and Sri Lanka: A Comparative Analysis
Authors: Marsoof, Althaf
Keywords: Unconventional trademarks
TRIPS compliant
Sound marks
Scent marks
Graphical representation
Issue Date: Sep-2007
Publisher: CSIR
Abstract: India and Sri Lanka, having embraced the new global economic wave have liberated their international trade policies incubating a supportive atmosphere within for foreign traders to setup business in the local markets. This new trend though beneficial to the economies of both countries, has posed many new legal issues, particularly, in intellectual property law. One important problem relates to the area of unconventional trademarks, which is of great importance to trade. This paper examines current legal provisions relating to trademarks in India and Sri Lanka and determines registrability of unconventional marks, with emphasis on colour, scent and sounds, within the existing legal framework. Legal reforms are also suggested wherever appropriate. A comparative approach has been adopted, as Sri Lanka and India are historically, culturally and geographically closely connected to each other. Further, intellectual property laws of both the countries are TRIPS compliant and thus can be conveniently considered together.
Page(s): 497-506
ISSN: 0971-5544
Source:JIPR Vol.12(5) [September 2007]

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