INDIA Trends and Developments Contributed by: Safir Anand, Anand and Anand Advocates
istrations to expand their global footprint. The Madrid Protocol, which facilitates trade mark protection across multiple jurisdictions, contin - ues to gain traction among Indian enterprises aiming for global recognition. India’s trade mark laws are also adapting to the complexities of modern commerce. One nota - ble development is the emphasis on granting “well-known trade mark” status. Achieving this designation provides brands with stronger legal protection against dilution and infringement. Combating Counterfeiting and Piracy Counterfeiting remains a persistent problem in India, particularly in industries like fashion, electronics and pharmaceuticals. Technology will play a pivotal role in addressing this chal - lenge. Blockchain-based systems for verifying the authenticity of products, and digital water - marks for copyrighted content, are emerging as effective tools against counterfeiting and piracy. Legal frameworks also need to become more stringent. There should be harsher penalties for infringement, to send a strong message to violators. Additionally, increased collaboration between government agencies and private enti - ties is also important to make enforcement efforts more robust. For instance, India could consider imposing a counterfeiting tax on infringers. Col - laboration with e-commerce platforms to pre - vent the listing of counterfeit goods and ensure strict compliance with IP laws could also help. Sensory Branding, Non-Traditional Trade Marks and the Shift Towards Experiential Branding Businesses are creating customised experi - ences for the consumer, guiding their spending habits. This new wave of marketing has also paved the way for non-traditional trade marks
that target the senses of touch, smell, sight and sound. Protection of non-traditional trade marks is a new trend which also appears to be gaining traction. Image trade marks, motion marks, and sound marks are some of the categories offering the new breed of protection, which appears to be here to stay. A noteworthy trend is the shift from product- based branding to experiential branding. This is especially evident in the luxury sector, where consumers increasingly prioritise unique expe - riences over tangible possessions. Brands are innovating by crafting immersive customer expe - riences – whether through digital engagements, personalised services, or exclusive events. This shift has significant implications for IP. Compa - nies are now looking to protect non-traditional trade marks, such as distinctive scents, sounds, and even holograms, to safeguard their unique brand identities. For instance, high-end hospital - ity chains and premium retail brands are filing for trade mark protections for signature experiences that set them apart in a competitive market. Personality Rights The importance of protecting characters, and the personality rights associated with famous people, has been growing in India. Mickey Mouse is one of the most famous exam - ples of how companies can create, protect and enforce rights in characters. To put this in context, when Twitter allowed peo - ple to acquire a verified status, within a short period of time, many imposter accounts had been created. Personalities/characters have their own following in their respective industry and have the ability to influence the ecosystem around them. In such situations, if somebody
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