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Roma Arora and Harsh Aggarwal of Havells share some experiences and anecdotes of managing their brands in India

Trademark licensing

Havells Sylvania Group handled a International Chamber of Commerce arbitration involving a tricky situation that raised an interesting question concerning “have made” rights. Have made rights refer to a licensee permitting a third party to manufacture a product on the licensee’s behalf. The question was whether the exercise of have made rights by Company B in Country A (where Company A is the trademark owner) only for the purpose of export and sale in Country B (where Company B is the trademark owner) amounts to using or infringing Company A’s trademark in Country A. Fortunately for the parties but unfortunately for trademark law and jurisprudence, the parties settled the dispute before final adjudication by signing a licensing agreement for royalty payments against the specific grant of a licence by Company A to Company B for the manufacture of goods in Country A.

Parallel imports

This case involved a trademark against the backdrop of global territorial allocation between Company A and Company B. Under the contract, both entities were prevented from selling goods manufactured by them in the other’s territory. However, since e-commerce knows no political barriers, goods manufactured by Company B were being sold in India, the territory of Company A.

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Roma Arora is a senior legal counsel and Harsh Aggarwal is the deputy general manager of legal at Havells Sylvania Group.

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