Rights of Rights: Branding Natural Resources in India

Water commercialization is growing apace across India, and it is raising major legal and ethical issues. These invaluable resources, mainly water, are now being marketed through digital means and branded under the more famous non-conventional trademarks, such as shape marks, sound marks, and certification marks. This paper attempts to study the juxtaposition of non-conventional trademarks with digital competition law and human rights proclamations, especially concerning the extremely recognized and important Right to Water, which is a watershed in establishing the right to life under Article 21 of the Indian Constitution. The examination of how multinational corporations and digital platforms utilize branding and exclusive trademark strategies to monopolize access to water resources and thus limit the availability and affordability of the very same resources for these marginalized communities goes on to evaluate the aspects of fair competition in this regard as espoused in India's Competition Act, 2002, and international human rights standards. The research highlights anxiety with the eco-certification marks that promote sustainable water consumption but also lead to the corporate seizure of public goods. Regulatory perspectives such as trademark law, digital competition law, and environmental laws are then evaluated to see whether India's legal framework is striking the right balance between commercial interests and public welfare. In conclusion, it argues for a successfully modified non-conventional trademark legal regime to ensure that non-conventional trademarks will not be used as tools of economic exclusion but to provide sustainability, fair competition, and access to water resources for all.