India’s accession to the Madrid Protocol is a beacon of hope for IP owners, but urgent improvements are needed closer to home, argues Simran Daryanani of INTA
As intellectual property assets become more valuable in a highly modernized and competitive global economy, the protection of these assets becomes a crucial concern. Rights owners in India – particularly trademark owners – face critical challenges arising from the interplay between rapid business expansion, rising consumer demand, online competition and the increasing sophistication of strategies for capitalizing on the value of intellectual property.
Trademark owners face a variety of hurdles when striving to protect and enforce their rights in India. One significant challenge relates to the chronic lack of infrastructure at the country’s trademarks registry, which suffers from inadequate human resources, underdeveloped database records, administrative delays and severe financial constraints. The lack of standardization in trademark processes and registration is also a serious threat to implementing effective IP protection mechanisms.
Discrepancies exist within the trademark registry’s database. These significantly reduce the reliability of brand clearance searches and have resulted in a crowded registry amassed with numerous co-existing identical trademarks.
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Simran Daryanani is the India representative of the International Trademark Association (INTA). She oversees the organization’s local operations and consults on intellectual property issues in the region.
