Beyond Brand Protection: When Public Interest Limits Trademark Enforcement

Introduction : The Trademark Act, 1999, defines the purpose of a trademark in section 2(1)(zb): to establish distinctiveness in a competitive market and to provide a safeguard for the masses against potential deception. The Courts have, over the years, ensured that public interest in trademark rights is prioritised. This article discusses the limitations of trademark protection. The Semaglutide Battle: Novo Nordisk vs Dr Reddy’s Laboratories The Delhi High Court has recently ruled in the...