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    India and TRIPS

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    Payal Maskara
    This document summarizes India's response to obligations under the TRIPS agreement. It discusses amendments made to various intellectual property laws in India, including the Copyright Act, Trademarks Act, Geographical Indications Act, Designs Act, Patents Act, and laws relating to integrated circuits, plant varieties, and trade secrets. The Patents Act was significantly amended in 2002 to comply with TRIPS, expanding patentability to include plants and biological processes. The amendments strengthened India's patent offices and increased the patent term to 20 years.

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    India and TRIPS

    Uploaded by

    Payal Maskara
    39 views2 pages
    This document summarizes India's response to obligations under the TRIPS agreement. It discusses amendments made to various intellectual property laws in India, including the Copyright Act, Trademarks Act, Geographical Indications Act, Designs Act, Patents Act, and laws relating to integrated circuits, plant varieties, and trade secrets. The Patents Act was significantly amended in 2002 to comply with TRIPS, expanding patentability to include plants and biological processes. The amendments strengthened India's patent offices and increased the patent term to 20 years.

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    india n Trips

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    This document summarizes India's response to obligations under the TRIPS agreement. It discusses amendments made to various intellectual property laws in India, including the Copyright Act, Trademarks Act, Geographical Indications Act, Designs Act, Patents Act, and laws relating to integrated circuits, plant varieties, and trade secrets. The Patents Act was significantly amended in 2002 to comply with TRIPS, expanding patentability to include plants and biological processes. The amendments strengthened India's patent offices and increased the patent term to 20 years.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    39 views2 pages

    India and TRIPS

    Uploaded by

    Payal Maskara
    This document summarizes India's response to obligations under the TRIPS agreement. It discusses amendments made to various intellectual property laws in India, including the Copyright Act, Trademarks Act, Geographical Indications Act, Designs Act, Patents Act, and laws relating to integrated circuits, plant varieties, and trade secrets. The Patents Act was significantly amended in 2002 to comply with TRIPS, expanding patentability to include plants and biological processes. The amendments strengthened India's patent offices and increased the patent term to 20 years.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    17-03-2014

    TRIPS Obligation and India (1)


    TRIPS Obligations & Indias Response
    Copyright: Article 9,10,11,12,13,14
    The Copy Right Act 1957 Amended in 2000

    Trademark: Article 15,16,17,18,19,20,21


    The Trade Marks Act1999

    Geographical Indications: Article - 22, 23, 24


    The Geographical Indications of Goods (Registration & Protection) Act, 1999

    TRIPS Obligation and India (2)


    Industrial Design: Article 25,26
    The Designs Act 2000

    Patent Act1970 New (Amended) Act 2002


    Important Amendments: Definition of Invention Term of Patent Deferred Examination Infringement Software Patenting Plant Varieties and Biological Inventions Appellate Board

    Layout-designs (Topographies) Of Integrated Circuits : Article 35,36,37,38


    The Semi Conductor Integrated circuits Layout Design Act called Act 37 of 2000.

    Patents Act: Article 27,28,29,30,31,32,33,34


    The Patents Act1970 Amended in 1999 Protection of Plant Varieties and Farmers Right No. 53 of 2001 Act

    Strengthening of Patent Offices

    Trade Secret : Article 39


    3 4

    Patent Act1970 New (Amended) Act 2002


    Salient features of the Patents (Amendment) Act, 2002 and the Patents Rules,2003 Term of every patent which is in force including a patent restorable, U/S. 60 as on 20.5.2003 has now become 20 years from date of filing. Time for restoration of a ceased patent, U/S 60 has now increased from 12 months to 18 months as such an application for restoration of a patent ceased on or after 20th May,2003 can be filed within 18 months from the date of ceasesion.
    5

    Patent Act1970 New (Amended) Act 2002


    A new definition of "Invention" means a new product or process involving inventive step and capable of industrial application; has now come in force. A method or process of testing during the process of manufacture will now be patentable. Process defined, U/S 3(i) in case of plants, are now patentable while a process for diagnostic and therapeutic has now been considered as non patentable The source of Geographical origin of the biological material used in invention is required to be disclosed in the specification.
    6

    17-03-2014

    Copyright (Amendment) Act1999


    New Act has been passed and implemented New Insertion: Section 63-B to protect against the use of pirated computer software Duration of Copyright: Life of the author plus 70 year

    The Trade Marks Act 1999


    Service Marks New Addition Collective marks Appellate Board Punishment Clause One application for different classes Registration : enhanced from 7 to 10 year

    Geographical Indication
    The salient features of the Act are:
    Definitions of several important terms Provision for the establishments of Geographical Indication Registry Compulsory advertisement of all accepted GI applications and of inviting objections Prohibition of assignment etc., of a geographical indication as it is a public property; Provisions related to offences and penalties Provisions detailing the effects of registration and the rights conferred by registration.
    9

    The Design Act 2000


    The essential purpose of design law it to promote and protect the design element of industrial production.

    It is also intended to promote innovative activity in the field of industries. The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments.

    10

    The Semi Conductor Integrated circuits Layout Design Act2000


    Appointment of Registrar Prohibition of Registration Fees and Surcharges Convention Countries

    Protection of Plant Varieties and Farmers Right Act 2001


    New Variety Criteria New variety that cannot be registered Application for registration Compulsory variety denomination Duration of Registration Exclusion of Certain varieties Provision as to Reciprocity Farmers Rights
    11 12

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