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April 6, 2022

Legal Issues Seminar-General IP (LIS-GIP) On “Do Moral Rights Vest In Trademark Owners Over Modification Or Alteration Of Packaging?”

Featuring: Sannidhi Mahapatra

A ‘Legal Issues Seminar-General IP’ (LIS-GIP) was conducted by Sannidhi Mahapatra, Associate, on “Do Moral Rights Vest in Trademark Owners over Modification or Alteration of Packaging?”. The seminar explored concept of moral rights for copyright owners and their possible extension to trademark law. The session specifically delved into how the provision of Section 30(4), Trade Marks Act, 1999 could be interpreted to include the moral rights of owners over any change or impairment to product packaging, in light of relevant judicial decisions. The session concluded with interesting questions on the liability of intermediaries such as e-commerce websites for the sale of products under tampered packaging and whether the current judicial interpretation can suffice in its applicability.

The presentation can be accessed here.

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