This special report focuses on India’s first smell mark, a new frontier in intellectual property law, with IP lawyer Praveen Anand, who served as amicus curiae in the matter before the Trademark Registry. The case involves a tyre company’s application to trademark a rose scent for its tyres, which has been accepted for publication. Mr. Anand explains the significance of this development, stating, ‘it shows the flexibility of the Indian legal system in accepting something which most countries have not yet accepted or have not reached that level of protection for trademarks’. The report details the scientific method used to define the scent, breaking it down into components based on the stereochemical theory of odour. It explores how non-traditional trademarks like shapes and sounds are protected and what this new development means for the future of IP protection globally, highlighting the interdisciplinary approach combining law and science.
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