India is a developing country and is on growing path of industrialization becoming one of the business hubs in world; India has realized the importance of Trademarks and for protection of trademarks has taken steps by enacting trademarks Act 1999 and amending it in 2002, 2003 to bring it in compliance with the international standards.
India’s liberalization of market has resulted in foreign companies coming into India and thus making the environment extremely competitive, where companies go to extreme levels of advertising.
We all have come across advertisements where one product is compared with other and both are competitors even though the product is blurred we come to know about the product as we are so used to the shape, colour of that brand who’s image is flashed into our minds. The question directly after that which comes to our mind is whether this thing is even legal?
Many products show and portray the rival’s product in negative light. The aim of advertising is honest intention of the producer to differentiate his products from that of his competitor and make his goodwill. Thus bringing healthy competition in the market and making the consumer aware of the uses of the product.
The law creates certain guidelines which are to be followed for keeping the participants under check and maintaining a competitive but healthy environment. An analysis as to whether such work is illegal, and if so, what provisions of the trademark laws come into play in restricting these trademark infringements and whether Competition law restricts such anti-competitive activities.
Part-1: Background of Comparative Advertising in light of Indian trademark and patent Laws
Part-2: Introduction Comparative Advertising in legal framework.
Part-3: Comparative advertising and its connotation in Constitution
Part-4: Legal provisions regarding trademark in India with reference to Comparative advertising
Know Indian Trademarks Act, 1999