7. The Indian company will ensure that this mark or any other similar mark is not used or disclosed by anyone other than that person`s trademark and, if the trademark is used, will immediately take legal action to prevent its use or, if used, claim damages. In this case, the foreign company will exercise power in favour of Indian society which authorizes Indian society to take such measures, civil or criminal on behalf of the foreign company, provided that such a measure is not taken without the written consent of the foreign company and, if taken, is not prosecuted, unless it is ratified in writing by the foreign company. Let`s understand the purpose of this document by an example: if ABC Industries wants to manufacture a simple mechanical component that will be useful to a particular machine, but Sir.M already has the brand license for this particular mechanical component. In this case, the abc industries must enter into a licensing agreement with Mr. . M and develop an agreement stipulating that ABC Industries has only the right to produce the mechanical component in question for a customer in question and only in specific numbers. In section 29 of the TMA, two cases are provided for the opening of an infringement action by its holder. First, where the infringing mark is used for similar goods and services and can create confusion for the public with the trademark.
The use of trademarks in a similar category of products and services is totally prohibited. Second, in the case of known trademarks, infringement action can also be brought for different products for the purpose of using infringers. In the second case, the trademark holder should be able to demonstrate his reputation in India at the same time as proof that the mark was used without physical cause. In any event, priority is given to the termination action in section 27, paragraph 2, where the company is required to prove that the infringing mark was intended to sell goods under the pretext of the trademark name. Criminal action may be taken under sections 102 and 103 in cases of counterfeiting or falsification of trademarks on goods/packaging containing goods bearing the registered mark for packaging, filling, spinning packaging with a prison sentence of up to 3 years and a fine of up to 1 Lakh Rus. If the trademark name has been breached for products protected by the Copyright Act 1957, the company may sue for section 55 infringement for omission, damages, in order to prohibit the person from pursuing copyright infringement. In addition, criminal measures can be taken under Sections 63 and 64, which allow the police to seize all falsified copies and also provide for prison sentences of up to 3 years and fines. 12. The duration of this agreement is a matter of… subject to the other provisions in this provision. This period can be extended by mutual agreement.
(ii) When an event occurs that makes it impossible to execute this agreement, including a force majeure event. AND the Government of India has approved this agreement, as shown in the letter of the … government.