It is possible to infringe on trademark rights indirectly. Indirect infringement generally involves dealing with unauthorized reproductions or imitations of trademarked materials. Indirect infringement includes importing, for the purposes of trade, unlicensed copies of trademarked goods or other subject matter. It also includes selling or hiring infringing articles. And entering into unlicensed commercial rental arrangements.
Commercial Rental Arrangements
I’m going to work backwards through each of these, starting with commercial rental arrangements. When we learn about the exclusive rights of a trademark owner, we understand that trademarks give the owner the exclusive right to use them in trade, including commercial rental arrangements. It is therefore an infringement to enter into such an arrangement if you are not the trademark owner or if you don’t have the trademark owner’s permission. Remember that such arrangements are only infringing if they’re commercial. Unlike in copyright law, there’s no separate provision for rental arrangements in trademark law.
Sale or Hire of Infringing Articles
The next type of indirect infringement is the sale or hire of infringing articles. The Trademark Act provides that trademark rights are infringed by a person who sells or hires an article if that person knew or ought reasonably to have known that the sale or hire constituted an infringement. In other words, if you know that the item you hold is infringing, it will also be an infringement to sell or hire out that item.
Importation of Infringing Articles
The last means by which trademark rights can be infringed indirectly is through the importation of infringing articles. Relevant provisions of the Trademark Act, provide that it is an infringement to import into India for sale, hire, or other commercial purpose without consent of trademark owner. Importer knew or reasonably ought to have known that article would infringe trademark rights.
Case Examples and Legal Precedents
Case law in India has also addressed issues related to indirect trademark infringement. Court held that importing goods bearing infringing trademarks constitutes trademark infringement. Trademark Lawyer should have known that goods would infringe on trademark rights.
Legal Amendments
Trademark laws in India. Undergone amendments to address various aspects of trademark infringement. These amendments aim to streamline process. Provide clarity on what constitutes trademark infringement in cases of importation.
Provisions for Importation of Non-Infringing Goods
The Trademark Act also includes provisions to facilitate the importation of non-infringing goods. This provisions aim to ensure that legitimate trade is not hindered by concerns about trademark infringement.
Provisions for Non-Infringing Accessories
Trademark Act also provides provisions for importation. Sale of non-infringing accessories to trademarked goods. These provisions aim to prevent trademark owners from unfairly restricting importation. Sale of goods that are not themselves infringing.
Purpose and Intent of Provisions
Purpose of these provisions is to strike a balance between protecting trademark rights and facilitating legitimate trade. Providing clarity on what constitutes trademark infringement. Allowing for the importation and sale of non-infringing goods, the Trademark Act seeks to promote fair competition and economic growth.
