Class Presentation on Intellectual Property Law (Law482)

Unit: 4.5 (B) International Instruments on Trademark

Submitted By: Rahul Kumar Jha, B.A.LL.B, 6th Semester, Roll No.: 60

Submitted to: Mr. Dipak Silwal, Nepal Law Campus, Exhibition Road
Date: 2080/04/10
A trademark (also written as Trade mark or Trade-Mark and sometimes used interchangeably with "Mark", "brand", and "Logo") is a
distinctive sign (Words, Symbols, or Pictures or a combination there of) which can be graphically represented that identifies or
differentiates certain goods and services produced or provided by an individual or a company (Products or Services of the particular
source) from those of others. Trademark Need to be registered in order to be protected as "trademark requires much time, creativity
and expenses making/finding/creating it." Intellectual property inherently has dual nature. i.e., it has national as well as international
dimension.

Cadbury vs Nestle: famous case between those company over the use of the color purple. In 2012, Cadbury won a case to stop other
chocolate firms from using the color - known as Pantone 2865c1. Nestle challenged that decision, and in 2013 won an appeal. The Court
of Appeal said at the time that the trademark application lacked "the required clarity, precision, self-containment, durability, and
objectivity to qualify for registration"1.
Paris Convention, 1883 (Protection of
Functions/Objectives/Importance: Industrial Property)
 Harmonization of Trademark Laws World Intellectual Property rights (WIPO), 1967
 Centralized Filing and Registration
which has joined the UN Family as specified
 Priority Claims
 Global Protection for Trademark Owners agency in 1974
 Protection Against Infringement and Counterfeiting WIPO- Administered
 Consumer Confidence and Product Identification Treaties
 Dispute Resolution
 Capacity Building and Technical Assistance  Madrid Agreement (Marks), 1891, and Madrid Protocol,
1989
 Encouragement of Innovation and Investment  Hague Agreement, 1925
 Facilitating International Trade  Nice Agreement, 1957
 Locarno Agreement, 1968
 Vienna Agreement, 1973
 Nairobi Treaty, 1981
S  Trademark Law Treaty, 1994
 Trade Related Aspects of Intellectual Property Rights, 1995 -
Paris Convention: This is one of the oldest and most significant international
o treaties related to industrial property, including trademarks (Article 6bis, 8, 10,15). 
TRIPS (*Part of WTO)
Singapore Treaty on the law of Trademark, 2006
m By the virtue of this convention WIPO was formed and its Article 6ter focuses on
the protection of state emblems, official hallmarks, etc.
e
Madrid Agreement Concerning the International Registration of Marks (1891) and Madrid Protocol Relating to
the Madrid Agreement (1989): These agreements provide a system for the international registration of trademarks. The Madrid System
t allows trademark owners to seek protection in multiple countries through a single international application filed with the World Intellectual Property
r Organization (WIPO). (Article 2, 3, 5, 6ter )
e Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the
Registration of Marks (1957): This agreement establishes a standardized classification system for goods and services in trademark
a applications. It simplifies the registration process by providing a uniform classification across multiple jurisdictions. (* it doesn't have specific
articles, it uses a classification system based on classes of goods and services, with a total of 45 classes (34 for goods and 11 for services). The
t system helps streamline the registration process and allows for a more efficient search and classification of trademarks in multiple jurisdictions.)
i Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973) : This
e agreement provides a classification system for figurative elements of trademarks, such as logos and images.
s Trademark Law Treaty, (1994): The treaty aims to harmonize and simplify trademark registration procedures among its contracting
parties. It is specifically focused on the procedural aspects of trademark law and aims to streamline and modernize the administrative processes
/ related to the filing and registration of trademarks.
c
o
n Cadbury loses legal battle over purple wrapper - BBC News
1
Agreement on Trade-Related Aspects of Intellectual Property Rights, 1995 (TRIPS Agreement): Part of the World
Trade Organization (WTO) framework, the TRIPS Agreement sets minimum standards for the protection of intellectual property rights, including
trademarks. It requires WTO member countries to provide effective and enforceable trademark protection .(Article 15, 16, 17, 42 and 46)