Dispute Resolution Sessions by MKBAC: Trademark Disputes' Arbitrability - Segment II
In the world of intellectual property, trademark disputes are a common occurrence. Manmeet Kaur Sareen, a renowned intellectual property lawyer with an LL.M. from the University of Cambridge, delves into this topic in her article on MKBAC Trademark Disputes.
One of the primary concerns in trademark assignment agreements, as highlighted by Sareen, is the issue of fraudulent representation or misrepresentation. This arises when one party provides false information or conceals material facts related to the trademark or its rights during the assignment process.
According to Sareen, such fraudulent claims do not necessarily prevent arbitration over trademark disputes. However, if the fraud directly undermines the arbitration clause itself, it may prohibit its invocation.
The subject matter of Sareen's article, the Subject TM, is transferred completely in an assignment agreement from one party to another. The Arbitration and Conciliation Act, 1996 (the Act) outlines the requirements for arbitration, serving as the foundation for invoking arbitration in trademark disputes.
Sareen implies that there may be other possible disputes related to assignment agreements that will be further elaborated in subsequent parts. However, the key identified dispute so far is fraud or misrepresentation.
It is essential to note that a third party cannot be bound by a decision made by an arbitrator deriving power from a private agreement between two parties. The existence of a defined legal relationship between parties is a prerequisite for arbitration in trademark disputes.
In a simple license agreement, rights are derived from and regulated by the agreement. On the other hand, an assignment agreement involves a complete transfer of a trademark and all corresponding rights to an assignee for a consideration. An assignment agreement is different from a license and/or franchise agreement as it grants exclusive rights and does not have an expiry period.
Sareen's article assumes that the agreements referred to contain an arbitration clause and that disputes will be resolved by way of arbitration under the laws of India in New Delhi. The author's abbreviation, MKBAC, is associated with her name.
In conclusion, common disputes in trademark assignment agreements, as per Manmeet Kaur Sareen, are centered around issues of fraudulent representation or misrepresentation affecting the validity or enforcement of the assignment.
In the realm of her article on MKBAC Trademark Disputes, Sareen notes that fraud or misrepresentation can be a key concern in trademark assignment agreements, affecting the validity or enforcement of these agreements. When considering the business aspect of intellectual property, it's crucial for parties to exercise caution to avoid any financial losses or legal complications resulting from fraudulent activities.