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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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