The do’s and don’ts of brand licensing in India

In India, trademark laws are stringent in accepting and acknowledging brand licences as a whole. Precedents have been set to recognize common law principles; however, to understand how rights against infringers work in practice, it is worthwhile to scrutinize well-established practices and understand their value.

The trademark laws in India are governed by the Trade Marks Act, 1999, which specifically states that all licences or permissions for trademark use must be in writing.

The parties to the licence must spell out the exact relationship and permission that each enjoys by virtue of the trademark’s ownership and the permitted use.

Sumita Singh is a partner at Singh & Associates, a law firm based in New Delhi.