The Trademark law and the Indian constitution
Reading Trademark Law as Constitutional LawWhen one begins studying trademark law, the first document usually opened is the Trade Marks Act, 1999. Sections. Definitions. Procedures. But Trademark law in India does not actually begin with a statute. It begins with the Constitution.Before any trademark right is granted, the Constitution decides who has the authority to create that right. Under Article 246 read with the Union List, trademarks fall squarely within Parliament’s domain. This placement…
