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What is the mechanism to overcome disputes that may arise or what is the Dispute Settlement Mechanism?

What is the mechanism to overcome disputes that may arise or what is the Dispute Settlement Mechanism?

Under the Chapter of Dispute Settlement Mechanism, the Parties shall resolve the disputes, if any, through consultations and negotiations, failing which, they may resort to an arbitral tribunal, consisting of three members. Each Party to the dispute shall appoint a member and the third member, who would be the Chair of the panel, shall be appointed by mutual agreement.

The CECA provides for (i) reviewing the implementation and operation of the Agreement;(ii) consider any matters relating to the implementation of the Agreement; (iii) supervise and coordinate the work of all Sub-Committees established under this Agreement; and (iv) adopt any decisions and recommendations of the Sub-Committees.

Trademark – A trademark is generally referred to as a “brand” or “logo”.

A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline or a combination of these and are used by manufacturers or merchants or service providers to identify their own goods and/or services. It is used to distinguish the owners’ goods or services from those of its competitors and is something that will be distinctive of just one trader. Properly used and promoted, a Trademark may become the most valuable asset of a business.

Trademarks should not be confused with trade names. While trade names can also serve as trademarks, registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.


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