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INTELLECTUAL
PROPERTY RIGHTS
General
The importance of intellectual
property in India is well established at all levels-
statutory, administrative and judicial. India ratified
the agreement establishing the World Trade Organisation
(WTO). This Agreement, inter-alia, contains an Agreement
on Trade Related Aspects of Intellectual Property Rights
(TRIPS) which came into force from 1st January 1995.
It lays down minimum standards for protection and enforcement
of intellectual property rights in member countries
which are required to promote effective and adequate
protection of intellectual property rights with a view
to reducing distortions and impediments to international
trade. The obligations under the TRIPS Agreement relate
to provision of minimum standard of protection within
the member countries legal systems and practices.
The Agreement provides for
norms and standards in respect of following areas
of intellectual property
- Copyrights and related
rights
- Trade Marks
- Geographical Indications
- Industrial Designs
- Lay out Designs of Integrated
Circuits
- Protection of Undisclosed
Information (Trade Secrets)
- Patents
- Plant varieties
Transition Period
India, as a developing country,
had a transition period of five years (with effect
from 01 January, 1995), i.e., till January 01,2000
to apply the provisions of the Agreement. An additional
transition period of five years, i.e., till January
01,2005, is also available for extending product
patent protection to areas of technology not protected
so far. This would be mainly in the areas of pharmaceuticals
and agricultural chemicals.
Copyrights
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. India is also
an active member of the World Intellectual Property
Organisation (WIPO), Geneva and UNESCO.
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
programs for enforcement officers and setting
up special policy cells to deal with cases relating
to infringement of copyrights. more....
Trade Marks
Trade marks have been defined
as any sign, or any combination of signs capable
of distinguishing the goods or services of one
undertaking from those of other undertakings.
Such distinguishing marks constitute protectable
subject matter under the provisions of the TRIPS
Agreement. The Agreement provides that initial
registration and each renewal of registration
shall be for a term of not less than 7 years and
the registration shall be renewable indefinitely.
Compulsory licensing of trade marks is not permitted.
Keeping in view the changes
in trade and commercial practices, globalisation
of trade, need for simplification and harmonisation
of trade marks registration systems etc., a comprehensive
review of the Trade and Merchandise Marks Act,
1958 was made and a Bill to repeal and replace
the 1958 Act has since been passed by Parliament
and notified in the Gazette on 30.12.1999. This
Act not only makes Trade Marks Law, TRIPS compatibility
but also harmonises it with international systems
and practices. Work is underway to bring the law
into force. more...
The Trade and Merchandise Marks
Act,1958
An Act to provide for the
registration and better protection of Trade Marks
and for the prevention of the use of fraudulent
marks on merchandise.
Full
text of the act
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