Journal of Intellectual Property Rights

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


Affiliations
1 Symbiosis Law School, Pune, Maharashtra – 411 014,, India
2 Hidayatullah National Law University, Raipur, Chhattisgarh – 492 001,, India

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

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Authors

Sidharth Chamarty
Symbiosis Law School, Pune, Maharashtra – 411 014,, India
Garima Panwar
Hidayatullah National Law University, Raipur, Chhattisgarh – 492 001,, India

Abstract


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-visthe 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.