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ARTICLE · 24 MAY 2023

Market Intelligence Thought Leadership Award Winner

IP Protection In The Cosmetics Industry

Any talk about cosmetics is incomplete without a discussion about their side effects on the human body. The concern about safety is embedded in cosmetics...

IndiaIntellectual Property

Any talk about cosmetics is incomplete without a discussion about their side effects on the human body. The concern about safety is embedded in cosmetics since they come in direct contact with the human skin. Consumers tend to use, and swear by, tried and tested products that are safe to use for their body and have gained popularity due to their quality.

The Drugs and Cosmetics Act, 1940 defines “cosmetic” as "any article intended to be rubbed, poured, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic."1 Given this broad definition, besides makeup, products such as shampoos, soaps, cleansers, toners, moisturizers, conditioners, etc. also fall within the scope of the term. Since all cosmetic products essentially come in contact with the human body, brand conscious

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