Abstract

The dynamic shifts in Intellectual Property Rights (IPRs) in India necessitates a closer examination of the legal complexities arising from the intersection of trademarks and patents. This research paper explores the subtle conflict that arises when inventions patented are later asserted under trademark law. The market benefits from patents which grant exclusive rights to promote development and trademarks ensure brand recognition and protection of reputation. The union of patents with trademarks consistently works against the core purposes established by IPR legislation. The paper conducts an extensive examination of features in the Trade Marks Act of 1999, Patents Act of 1970 and TRIPS Agreement to identify foundational principles of functionality, distinctiveness, and secondary meaning. The study examines worldwide legal practices with focus on American and European Union approaches to identify global benchmarks and best practices. Lastly, it suggests pragmatic reforms so that trademark law is not exploited to maintain post-patent exclusivity thereby sustaining the balance between innovation alongside competitive fairness and consumer welfare in India.

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