Brands have become an integral part of a corporate
functioning. Brands have tremendous commercial value as they help in
distinguishing the goods or services of one individual or company
from the other individual/company.
Naturally, companies and individuals need to protect
brands from imitation, unauthorised copying, unfair competition, etc.
Brands are typically protected through intellectual property rights
(IPRs) protection in the form of trademarks, designs, etc. a brand
may consist of a name, term, design, symbol, or any other feature
that identifies one seller's good or service as distinct from those
of other sellers.
With the active use of Internet for various personal and commercial purposes, brand protection has become a tedious and challenging job. In fact, online brand and reputation protection has got nasty and many online brand and reputation companies are using illegal and unethical means to protect brands of their clients.
Brand protection has got a totally new meaning with
the introduction of new generic top level domains (new gTLDs) by
ICANN. Trademark
and brand protection under new gTLDs registration by ICANN
is a very challenging aspect. Further, the stakes are high and a
techno legal strategy to protect brands under the new gTLDs regime is
a must.
As far as India is concerned, an effective
brand enforcement policy is needed in India. Individuals
and companies must formulate techno legal policies to protect their
brands in India. However, illegal and unethical methods must be
avoided.
LPO/foreign lawyers are now not
allowed to provide legal services in India any more. This
includes brand protection services as well. Now only purely Indian
lawyers based law firms and LPOs
in India can provide litigation, non litigation, agreement
drafting, consultancy, brand protection and enforcement services in
India.
The awareness among various stakeholders is
increasing and very soon we would witness growing demand for brand
protection and management services in India.
