Apple has been
vigorously protecting its brand and trademark around the world. In
one such example, the US Patent and Trademark Office (USPTO) accepted
Apple's request last week for trademarks on the minimalist design and
layout of its retail outlets.
With a booming e-commerce
in India, Apple must be planning to protect its brand and
trademark in India as well. Apple has already showed its displeasure
for the Asian region, especially in China. In 2011, authorities in
the Chinese city of Kunming stopped 22 fake Apple stores from
illegally using the company's trademarks after Apple lodged a
complaint with authorities.
Since trademark is territorial in nature, Apple must
also protect its interests in the Indian territory. Intellectual
property rights (IPRs) in India are well known and India
has a strong trademark law in the form of Trademarks Act, 1999.
Further, international
registration of trademarks under Madrid Agreement and Madrid Protocol
can also be explored by Apple. The Madrid
Agreement and Madrid Protocol and its applicability and
implementation in India are still in a flux.
Apple said in its application in May, 2010 that it
was not claiming color as a feature of the mark. The mark consists of
the distinctive design and layout of a retail store, it said.
Apple must be very careful while engaging in
e-commerce activities in India. There are well recognised legal
requirements to start an e-commerce website in India and
the legal
formalities required for starting e-commerce business in India.
Similar regulatory requirements do exist in other countries as well.
For instance, Apple
was recently fined in Beijing Court for unauthorised e-book sales.
Similarly, there are many cyber laws due diligence requirements in
India that companies like Apple must comply with in India in order to
engage in legally sustainable e-commerce business activities.
There are many techno legal compliance requirements
that e-commerce portals, including Apple, Amazon, E-Bay and others,
must comply with. At Perry4Law
and Perry4Law’s
Techno Legal Base (PTLB) we believe that cyber
law due diligence, Internet
intermediary liability and cyber
due diligence for Indian companies must be kept in mind by
various e-commerce websites and players.
At the end of the day managing techno legal IP a
requirement is of great importance to all concerned who are eying
upon India as a market.
