Article

The Myth of Trademark 'Harmonization'

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Abstract

The purpose behind the project is to solve the problem developed due to different laws and culture of people around the world. Now a days commerce is not restricted to an territorial limit. The globalization and liberalization need a system which can apply all around the world as complete world is a global village. General trend among the people is that the only way to solve the problem is to unify the law of world dealing with business activity. From the year 1873 governments and organizations are trying to seek this purpose. Dealing specifically with the trademark act the achievement till date is that we even did not reach to a conclusion deciding a unified definition of "what a trademark is?". After 126 years of development of international platform for trademark; now we can conclude that the solution is not the harmonization of trademark law rather it is some thing different, and this paper proceeds chronologically with the international treaties dealing with harmonization of trademark law and development of trademark scope and come to probable solution at the end.

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  • See
  • Wto
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