NAVIGATING THE MENACES OF TRADEMARK IN THE AGE OF LEGAL TECHNOLOGY
AUTHOR – JASLEEN PASRICHA, STUDENT AT SCHOOL OF LAW, CHRIST UNIVERSITY, DELHI NCR
BEST CITATION – JASLEEN PASRICHA, NAVIGATING THE MENACES OF TRADEMARK IN THE AGE OF LEGAL TECHNOLOGY, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 313-318, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2.
Abstract
The impalpable things are the modern-day assets for the economy. These include the skill, knowledge, abilities, brand name and fame etc. These are intangible and created by man’s intellect and innovation, thus, is called intellectual property. Investments in the intellectual property are rapidly reaching the summit. Post the adoption of the policies of liberalization, privatization, and globalization in India, the need for protection of Intellectual Property Rights (hereinafter referred to as the IPR) as recognized by the TRIPS amended the previous existing laws of IPR. Every person today has his/ her own intellectual property rights. The infringement of such rights invites legal action against the infringer. Today, technology is dominating the world. It has taken over the human activities in almost all arenas globally. The entry of technology, specifically the Artificial Intelligence (hereinafter referred to as AI), has revolutionized the legal field. It has brought great reforms. Though technological advancements have brought solutions to the existing traditional issues, this raises concern for intellectual property rights. Technology is an intellectual property itself. The technological burst has marked a revelation in the IPR. It leaves its colossal footprints on intellectual property rights and its laws, especially trademark laws. Trends and fashion are now followed eminently. The trademark cases are covered under criminal law, civil law, the Intellectual Property Rights laws, specifically in Trademark laws etc. The Trademarks Act 1999 [1]is the currently followed legislation regarding trademarks and its infringement cases in India. This research article aims to highlight the relations between technological advancements in modern society and the intellectual property rights and its laws, especially trademark laws. It spotlights the judgments regarding the trademark laws in India. It also puts forth the factors leading to challenges in the application of the trademark law followed by the recommendations to conquer the highlighted issues.
Key Words- Trademark, AI, Technology, Trademark Infringement, Legislation, Dilution, The Trademarks Act 1999
[1] The Trademarks Act 1999, No. 47, Acts of Parliament,1999 (India)