IPR IN INDIA


Intellectual Property Rights in India

India has defined the establishment of statutory, administrative and judicial framework for protecting the intellectual property rights in the Indian territory, whether they connotes with the copyright, patent, trademark, industrial designs or with other parts.

Tuning with the changing industrial world, the intellectual property rights have continued to strengthen its position in the India. In 1999, the government has passed the important legislation in relation to the protection of intellectual property rights on the terms of the worldwide practices and in accordance to the India's obligations under the Trade Related Aspects of Intellectual Property Rights. It consists of -
  • The Patents(Amendment) Act, 1999 which was passed on 10th March, 1999 in the Indian Parliament for amending the Patents Act of 1970 which in turns facilitate to establish the mail box system for filing patents and accords with the exclusive marketing rights for the time period of 5 years.

  • The Trade Marks Bill, 1999 was passed in the India parliament during the winter session for replacing the Trade and Merchandise Marks Act, 1958. It was passed on 23rd December, 1999.

  • The Copyright(Amendment) Act, 1999 was passed by both upper house and lower house of the Indian parliament and was later on signed by the Indian president on 30th December, 1999.

  • The sui generis legislation was approved by both houses of the Indian parliament on 23rd December, 1999 and was named as the Geographical Indications of Goods (Registration & Protection) Bill, 1999.

  • The Industrial Designs Bill, 1999 was passed in the Upper House of the Indian parliament for replacing the Designs Act, 1911.

  • The Patents (Second Amendment) Bill, 1999 was introduced in the upper house of the parliament for further amending the Patents Act 1970 and making it compliance with the TRIPS.

Along with the above legislative measures, the Indian government has introduced several changes for streamlining and bolstering the intellectual property administration system in the nation. Several projects concerning to the modernizing of the patent information services and trademark registry have been undergone with the help of the World Intellectual Property Organization/ United Nations Development Programme. 



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