Trademark law and comparative advertisement in India Online publication date: Sun, 04-Sep-2016
by Vandana Singh
International Journal of Information and Communication Technology (IJICT), Vol. 9, No. 2, 2016
Abstract: The research paper 'Trademark law and comparative advertisement' deals with the concept of comparative advertising and how it is covered under different legal systems in India. Starting from the concept of freedom of 'speech and expression' enshrined under the Constitution of India, the paper analysed the other statutes which regulate the comparative advertising in India. The approach of Indian Court on the issues of comparative advertising is discussed in detail by citing important judicial pronouncements. The brief discussion also made about the comparative advertisement in other economy like the USA, Australia, UK and Hong Kong. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India. The methodology adopted is mainly doctrinal in nature and includes textbooks, reference books, internet books, articles, journals and newspapers.
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