The concept of Trade Dress in Indian Context
Trade dress is another kind of Intellectual property. Trade dress describes or associates with features of the visual or sensual appearance of any product. The trade dress also includes the packaging, shape, and design of a building. Trade dress signifies the product’s source to the consumers. The main objective of the trade dress is to protect the consumers from its false packaging or appearance that imitates the original product. In other words, the purpose of trade dress is to prevent a consumer from purchasing a product or a commodity under a false belief that it is from the intended manufacturer. For example, Apple Inc. recently secured the registration over the design of its flagship Apple Stores as trade dress.
Indian Industrial Designs evolution based on different Significant Treaties and Convention
India has been a signatory to the treaties and conventions associated with industrial design law. The treaties signed and its goals and policies followed by all member nations. Some of the treaties associated with the industrial design to which India has been a signatory are:
Indian Industrial Design Law evolution over the years
Like the other Acts associated with the patents, trademarks and copyrights had found their traces in the pre-independence period; the first Indian Industrial Design Law was passed in 1872. This act was named as “The Patterns and Designs Act of 1872.”
Indian Copyright Law evolution based on different Significant Treaties and Convention related to Copyright
There are many treaties and conventions associated with Copyright law. Some of the treaties to which India has been a signatory are:
Indian Copyright Law evolution over the years
Just like the Patent law and the Trademark law, the history of Copyright law is also associated with the British regime. The first Copyright law enacted in 1847. According to this law, the copyright issued in the name of the author for a lifetime of the author and an extra seven years post-mortem. However, this time period in no case could exceed forty-two years unlike the present time limit of sixty years. In addition, the government could grant a compulsory license even if the owner refused to after the death of the author.
Indian Trademark Law evolution based on different Significant Treaties and Convention related to Trademark
India has been a signatory to the treaties and conventions associated with trademark law. The treaties signed and its goals and policies followed by all member nations. Some of the treaties associated with the trademark law to which India has been a signatory are:
Indian Trademark Law evolution over the years
The existence of trademark traces back to the ancient civilizations of the ancient Indian period including ancient Mohenjo-Daro and Harappa civilizations (around 3500-2500BC) and many more. Also, traces were found in the Indus Valley civilization. The Sumerian traders of Indus merchants used to stamp their properties with seals. It had been found that more than 2000 seals of the trader’s in the Indus cities & Mesopotamia were left by the overseas traders. Other evidence of trademark is from the seals used by the Sindhu merchants as the trademark by impressing them on clay tags to label their goods.
Treaties and convention related to Patents to which India is Signatory
There are many treaties and conventions related to the patent field of which India has been a signatory. Generally, the treaties signed and its policies followed by all member nations. Some of the treaties to which India has been a signatory are:
Evolution of the Indian Geographical Indication Protection system
The first ever Geographical Indication system used in France from the early part of the twentieth century, known as appellation origin controlee (AOC). The items that met geographical origin and quality standards got endorsed with a government-issued stamp that acted as an official certification of the origins and standards of the product to the consumer. Examples of products that have such ‘appellations of origin’ include Gruyère cheese (from Switzerland) and many French wines.
Evolution of the Indian Design System
The history of the industrial design law dates back to the latter part of the 18th century. The first instance of its origin found in the United Kingdom with the Designing and Printing of Linen Act in the year 1787. The act introduced to protect the designing and printing of linen and cotton for a limited protection of the designs. The Copyright and Design Act passed in the year 1839 for increasing the protection given to fabrics and textiles by extending the law according to the modern design. The act of 1842 consolidated all earlier acts and provided a higher level of protection and increased the remedies for infringement. Thereafter in the year 1883, a single consolidated and amendment act passed by the parliament of the United Kingdom, clinching designs, patents, and trademarks.