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India provides protection to Intellectual Property Rights in
accordance with its obligations under the TRIPS Agreement of the
WTO. The importance of intellectual property in India is well
established at all levels- statutory, administrative and
judicial.
India has well-established administrative mechanism for
enforcement of Intellectual Property Rights. Police officers are
empowered to take action against the infringement of IPRs in
case of pirated and counterfeit products.
Cases of infringement of IPRs are tried in the judicial courts.
Indian Intellectual Property Rights Laws also provide for
appeals in the judicial courts of the administrative decisions
relating to Intellectual Property Rights.
The Intellectual Property Rights protected under various statues
in India are as follows:-
Patents
Copyrights and related rights
Trademarks
Geographical indications
Plant varieties
Designs
Lay out designs of integrated circuits
Protection of undisclosed information
Patents
India has undertaken exhaustive amendment of its Patents Act
1970, three times since 1999. Now Indian Patents Act is fully
compliant with India’s obligations under the TRIPS Agreement of
the WTO. The three amendments that were carried out since 1999,
introduced the following main changes in the old Patents Act:-
1. India carried out first amendment in the Patents Act in 1999
and introduced exclusive marketing rights and mail box facility
for inventions relating to chemical and pharmaceutical products.
India introduced these transitory provisions as India had
availed of the transition period available till 01 January 2005
to developing countries in introducing product patent protection
to all areas.
2. India carried out an exhaustive 2nd amendment to the Patents
Act in year 2001. This amendment brought the Indian Patents Act
in compliance with India’s obligations under the TRIPS
Agreement.
3. India again carried out 3rd amendment of the Patents Act in
year 2005 and introduced product patents protection for
chemicals and pharmaceutical products.
Detailed information about the Indian Patents Act is available
at the website of Controller of Patents, Designs and Trademarks
at
http://ipindia.nic.in/ipr/patent/patents.htm
The Patents Act 1970
http://ipindia.nic.in/ipr/patent/patAct1970-3-99.html
The Patents (Amendment) Act 1999
http://ipindia.nic.in/ipr/patent/patact_99.PDF
The Patents (Amendment) Act 2002
http://ipindia.nic.in/ipr/patent/patentg.pdf
The Patents (Amendment) Act 2005
http://ipindia.nic.in/ipr/patent/patent_2005.pdf
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Copyrights and related rights
India’s copyright law, laid down in the Indian Copyright Act
1957 as amended by Copyright (Amendment) Act 1999, fully
reflects the Berne Convention on Copyrights, to which India is a
party. Additionally, India is party to the Geneva Convention for
the Protection of Rights of Producers of phonograms and to the
Universal Copyright Convention.
The copyright law has been amended periodically to keep pace
with changing requirements. The recent amendment to the
copyright law, which came into force in May 1995, has ushered in
comprehensive changes and brought the copyright law in line with
the developments in satellite broadcasting, computer software
and digital technology. The amended law has made provisions for
the first time, to protect performer’s rights as envisaged in
the Rome Convention.
Several measures have been adopted to strengthen and streamline
the enforcement of copyrights. These include the setting up of a
Copyright Enforcement Advisory Council, training programmes for
enforcement officers and setting up special policy cells to deal
with cases relating to infringement of copyrights.
Department of Secondary & Higher Education, Ministry of Human
Resources Development
http://education.nic.in/Secondary/secondary.asp
A Handbook of Indian Copyrights Act
http://education.nic.in/copyright.asp
Indian Copyright Act 1957
http://indiacode.nic.in/fullact1.asp?tfnm=195714
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Trademarks
India provides trademark protection for marks of goods and
services, collective marks, certification trademarks and
well-known marks under the Trademarks Act 1999.
Application for registration of a trademark should be filed with
the trademark registry. Trademark is registered after
publication in the trademarks journal to invite opposition and
after further examination. Registration is not must for
protection, however, it is mandatory for taking action against
infringement. Registration is valid for an initial period of ten
years and can be renewed for further period of ten years.
Police officers are empowered and seized without warrant the
counterfeit goods and machinery used to commit the offence.
Penalties ranging from six months to three years and fines have
been prescribed in the Act for trademarks violations.
Further details regarding trademarks protection are available at
the website of Controller of Patents, Designs and Trademarks
http://ipindia.nic.in/tmr_new/default.htm
Trademarks Act 1999
http://ipindia.nic.in/tmr_new/tmr_act_rules/tmr_act.pdf
Trademarks Rules 2002
http://ipindia.nic.in/tmr_new/tmr_act_rules/tmr_rules_2002.pdf
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Geographical indications
Protection to geographical indications is provided under the
Geographical Indications of Goods (Registration and Protection)
Act 1999.
A geographical indication may be registered with the Controller
General of Patents, Designs and Trademarks for all goods
originating in a definite territory of a country, or a region or
locality in that territory. The Geographical Indications Act
provides for additional protection of higher level to goods
notified by the Central Government. Registration of a
geographical indication is for ten years with possible renewal
for further ten-year periods.
Further details regarding geographical indications protection
are available at the website of Controller of Patents Trademarks
and Designs http://ipindia.nic.in/ipr/gi/geo_ind.htm
The Geographical Indications of Goods (Registration and
Protection) Act 1999
http://ipindia.nic.in/ipr/gi/gi_act.PDF
The Geographical Indications of Goods (Registration and
Protection) Rules 2002
http://ipindia.nic.in/ipr/gi/Girule~1.PDF
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Protection of Plant varieties
Protection to plant varieties is provided by the Protection of
Plant Varieties and Farmers’ Rights Act 2001. This Act provides
an effective system for protection of plant varieties and
farmers’ rights to stimulate investments for R&D both in public
and private sectors for the development of new plant varieties
by ensuring appropriate returns on such investment. This Act
complies with India’s obligations under Article 27.3 (b) of the
TRIPS Agreement of the WTO by providing an effective sui generis
system for protection of plant varieties.
New plant varieties could be registered under this Act for Plant
Breeder Rights based on the international criteria of newness,
distinctiveness, uniformity and stability. The essentially
derived varieties are also registered under this Act based on
internationally accepted criteria. This Act also has some unique
features like benefit sharing, community rights, gene funds,
compulsory licensing etc. Penal provisions are also provided in
this Act against infringement of Plant Breeder Rights.
A Protection of Plant Varieties and Farmers’ Rights Authority
has been constituted to administer this Act. The Protection of
Plant Varieties and Farmers’ Rights rules have also been framed
under this Act. Applications for plant varieties should be filed
with the Authority. Department of Agriculture and Cooperation,
Ministry of Agriculture, Government of India is the
administrative department for implementation of this Act.
Department of Agriculture and Cooperation, Ministry of
Agriculture
http://agricoop.nic.in/
The Protection of Plant Varieties and Farmers’ Rights Act 2001
http://agricoop.nic.in/PPV&FR%20Act,%202001.pdf
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Industrial Designs
The Designs Act 2000 provides to protection to registered
designs in accordance with India’s obligations under the TRIPS
Agreement.
Independently created designs that are new or original are
protected under this Act. The Act provides a right to the owner
of the registered industrial design to prevent third parties not
having his consent from making, selling or importing articles
being or embodying a design, which is a copy or substantially a
copy of the protected design when such acts are undertaken for
commercial purposes. The duration of the protection is ten
years.
For further details, visit the website of Controller of Patents
Designs and Trademarks at
http://ipindia.nic.in/ipr/design/designs.htm
General Information Booklet for Applicants of Designs
http://ipindia.nic.in/ipr/design/design_proc.htm
The Designs Act 2000
http://ipindia.nic.in/ipr/design/design_act.PDF
The Designs Rules 2001
http://ipindia.nic.in/ipr/design/des_rule.PDF
The Designs (Amendment) Rules 2003
http://ipindia.nic.in/ipr/design/design_r_03.pdf
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Lay out designs of integrated circuits
The Semiconductor Integrated Circuits Layout Design Act 2000
provides protection to semiconductor integrated circuits layout
designs in accordance with the provisions of the TRIPS
Agreement.
The Act provides for exclusive rights to the registered
proprietor of a layout design and also to the registered users.
Applications for registration of layout designs could be filed
with the Registrar. Appeals against the orders of the Registrar
could be filed with the Appellate Board. The Act also provides
for criminal prosecution for infringement of layout designs.
The administration department for implementation of the Act is
Department of information Technology, Ministry of Communications
and Information Technology, Government of India.
Semiconductor Integrated Circuits Layout-Design Registry
(SICLDR)
Government of India has decided to establish a centralized Semiconductor Integrated Circuits Layout-Design Registry (SICLDR) for receiving IPR applications and granting Registrations to qualifying cases. The Registry will have jurisdiction all over India [Ref: Gazette No.219 dated 1 st March 2004, Notification S.O. 279(E) ].
SICLD Registry is located at the following address:
Semiconductor Integrated Circuits Layout-Design Registry Room No. 3014-3015 Department of Information Technology Electronics Niketan, 6 CGO Complex, Lodi Road New Delhi-110003.
For further information on SICLDR activities and Registration of IC Layout-Designs, contact:
Dr. K.S. Chari, Registrar
Ph: 24301405/905
Telefax: 24361464
http://www.mit.gov.in/default.ASPX?id=189
FAQ on Semiconductor Act
Frequently Asked Question on Semiconductor Integrated Circuits Layout-Design Act, 2000
http://www.mit.gov.in/default.aspx?id=317
Semiconductor Integrated Circuits Layout Design Act 2000
http://www.mit.gov.in/download/siclda.pdf
The Semiconductor Integrated Circuits Layout Design Rules 2001http://www.mit.gov.in/download/sicldar.pdf
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