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FAQs
INTELLECTUAL PROPERTY RIGHTS

1. What are Intellectual Property Rights (IPR)?

IPR is a general term covering patents, copyright, trademark, industrial designs, geographical indications, protection of layout design of integrated circuits and protection of undisclosed information (trade secrets).

2. What are the legislations covering IPRs in India?

Patents: The Patents Act,1970.The act was last amended in March 1999.

Design: The Designs Act, 1911. A new Design Act 2000 has been enacted superseding the earlier Designs Act 1911.

Trade Mark: The Trade and Merchandise Marks Act, 1958. A new Trademarks Act, 1999 has been enacted superseding the earlier Trade and Merchandise Marks Act, 1958. (Enforcement pending)

Copyright: The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994,1999 and the Copyright Rules, 1958.

Layout Design of Integrated Circuits: The Semiconductor Integrated Circuit Layout Design Act 2000. (Enforcement pending) Protection of Undisclosed Information: No exclusive legislation exists but the matter would be generally covered under the Contract Act, 1872.

Geographical Indications: The geographical Indication of goods (Registration and Protection) Act 1999.(enforcement pending).

3. Who are responsible for administration of IPRs in the country?

Patents, designs, trademarks and geographical indications are administered by the Controller General of Patents, Designs and Trademarks which is under the control of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyright is under the charge of the Ministry of Human Resource Development. The Act on Layout Design of Integrated Circuits. Will be implemented by the Ministry of Communication and Information Technology.

 

 

 

 

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