Question

With globalization, how has intellectual property, such as trademark been protected?

Answer 1

Intellectual property (or "IP") is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks

Violation of intellectual property rights, called "infringement" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the nature of the action.after globalization,many infringement had been done and to eradicate few convention are done.such as

Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering a trademark provides legal advantages for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions, under criminal law

Trademark

• Paris Convention: The Paris convention has provisions for registration of Trademarks based on foreign priority. Hence a foreign trademark can be registered
• TRIPS Agreement: Based on the recognition and nominal protection which the Trade Related Aspects of Intellectual Property Agreement (TRIPS) gives to "well-known" Marks.Equally the principle of well-known marks can be used by the foreign business during Opposition proceedings to prevent the registration of a conflicting local mark. However this stresses the need for a vigilant trademark watch service.