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My Dissertation on Impactof TRIPS Agreement on Trademarklawin India

My Dissertation on Impactof TRIPS Agreement on Trademarklawin India

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Published by srvrushali

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Categories:Types, Research, Law
Published by: srvrushali on Jul 03, 2012
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04/11/2013

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“IMPACT OF TRIPS AGREEMENT ON
 trademark law of India
 
A CRITICAl STUdy”
 
Dissertation submitted in partial fulfillment of Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur  for the requirement for degree of 
 
Master of Laws
 Submitted by
Miss Vrushali D .Tarale
LL.M. IV 
th
Sem.(Group C)
Under the Guidance of 
Prof, Mr. Adarsh M. DhabardeFaculty of law 
Yeshwant Mahavidyalaya, Wardha
(2011)
 
 
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PART-ATHEORETICAL BACKGROUND
 
“In
 modern law every man owns, that which he creates, that which he produces is his, and he has exclusive right to use and benefit from it.
The immaterial product of man’s brain may be as valuable as his lands
 or goods. The law therefore gives him a proprietary right in it, and unauthorized use of if by person is violation of his ownership, no less
than theft or trespass is” 
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There was a time when there were hardly rarest medium to convert the knowledge
one possesses……days passes and the man invented writing me
diums..and in initialtimes he use to write on trees and stones ,whatever he observe and whatever he wantto refer for the future times and since then, man has started disseminates theinformation amongst each other
 – 
it was limited for his family which further extended
up to the whole community and now to the whole world …..As we know that each
individual possesses the different sets of chromosomes and different DNA patterns ,at the same time possess different intellect and IQ level and thus there is differencesof opinion ,thinking ,behaving ,imagining and creating in each of the individual intheir own mannerisms .Every individual occupy some (particular) things on which he solely acquired rights
to dispose of the way he wants …..that property could be
anything ,i.e lands ,money
,gold ,articles and own creations….thus the definition of property in very early erawas different than its present us today …….let‘s see the prior unrevised definition of 
property
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From the book Jurisprudence by sir John William salmond trough e-books-google.com
 
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Definition of property
 –―Property is any physi
cal or tangible entity that is owned by aperson or jointly by a group of people. Depending on the nature of the property, anowner of property has the right to consume, sell, rent, mortgage, transfer, exchange ordestroy their property, and/or to exclude
others from doing these thing‖
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 Intellectual property is not a new concept it is a very old concept but with theadvent of globalization and increase in international trade activities, the intellectualproperty has acquired of Importance. There legislative laws pertaining to intellectuallaws, however with the growth of trade complexities and also of International trade inthe last two centuries therefore there was need to have international convention onintellectual property law. The existing International Treaties and Conventions that istreaties and Conventions preceding the agreement on trade related aspects of IPRwhere found to be inadequate to protect the interest of IPR owners, hence TRIPSagreement has been framed as the international protection regime for intellectualproperty.The agreement on Trade related aspects of intellectual property rights (TRIPS) isan international agreement administered by the world trade organization (WTO). It is anagreement, which sets down the minimum standards of protection for intellectualproperty. Now the question arises us to what is intellectual property?
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Bl Wadhera

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brijeshbhai added this note
how trips affect trademark that not clearly shown in ur report..
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