EXPLORING THE INTERSECTION OF TRADEMARK AND COPYRIGHT IN INDIA: A CRITICAL ANALYSIS OF OVERLAPPING INTELLECTUAL PROPERTY PROTECTION

Abstract

The increasing convergence between trademark and copyright law has generated significant legal concerns regarding the scope and duration of intellectual property protection in India. The paper proceeds on the assumption that overlapping protection, though beneficial for rights holders, may create uncertainties relating to ownership, enforcement, public domain access and competition. Adopting a doctrinal research methodology, the study analyses statutory provisions, judicial precedents and scholarly writings dealing with the interaction between trademark and copyright law. The article first examines the nature and extent of overlap between the two regimes and subsequently analyses the benefits arising from such coexistence. It further discusses the legal issues associated with parallel importation, comparative advertising and the artificial extension of copyright protection through trademark rights. On the basis of Indian and comparative jurisprudence, the paper argues that excessive overlap may upset the balance between private rights and public interest. The study concludes by recommending legislative clarification, harmonisation of standards and the development of judicial guidelines to ensure greater certainty in the administration of overlapping intellectual property rights in India.

KEYWORDS: Trademark, Copyright, Overlapping Protection, Intellectual Property Rights, India, Parallel Importation, Comparative Advertising.