Intellectual Property in India: The Substantive Law
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Transcript of Intellectual Property in India: The Substantive Law
Intellectual Property in India: the Substantive LawMartins, Building, LiverpoolTuesday 18 September 2007
Jane LambertBarrister
TRIPs Obligations
• India is founder member of World Trade Organization (“WTO”)
• WTO Membership is conditional upon compliance with TRIPs (Trade-related Aspects of Intellectual Property Rights)
TRIPs Obligations
TRIPs requires WTO members to protect:
• original artistic and literary works including software, databases, films and sound recordings
• performances by actors, dancers, musicians, singers and other performers
TRIPs Obligations
TRIPs requires WTO members to protect:
• broadcasts and sound recordings
• trade marks
• geographical indications
• industrial designs
TRIPs Obligations
TRIPs requires WTO members to protect:
• inventions in all fields of technology
• plant varieties
• semiconductor topographies
• undisclosed information
TRIPs Obligations
TRIPs also requires WTO members to provide:
• fair and inexpensive civil remedies
• criminal sanctions for counterfeiting and piracy
• customs controls at air and sea ports and frontiers
Has India complied with TRIPs?
On the whole, yes
• enacted new trade mark, design, plant protection and semi-conductor topography statutes and amended patent and copyright laws
• imposed criminal liability for counterfeiting and piracy
Has India complied with TRIPs?
Only two complaints against it:
• DS55 by USA in 1996 and DS79 by EC in 1997 on patent protection for pharmaceuticals which India rectified
• appointed high level commission to report on compatibility with TRIPs on change of patent law
OverviewMany similarities with UK law but several significant differences:
• registration of copyrights and semi-conductor topographies
• threats action in copyright
• not yet party to Madrid Protocol or Hague convention
• no direct protection of functional designs
Statutes• Patents Act 1970 amended 1999, 2002 and 2003
• Designs Act 2000
• Trade Marks Act 1999
• Geographical Indication of Goods (Registration and Protections) Act 1999
Statutes•Copyright Act 1957 amended 1983, 1984, 1992, 1994 and 1999
• Protection of Plant Varieties and Farmers’ Rights’ Act 2001
• Semiconductor Integrated Circuits Layout-Design Act 2000
Intellectual Property OfficeController-General of Patents, Designs and Trade Marks at Mumbai (Bombay)
• Patent Office at Kolkatta (Calcutta) and branches at Chennai (Madras), Mumbai and Delhi for patents and designs
• Trade Marks at Trade Marks Registry at Mumbai and regional offices at Chennai, Kolkatta, Delhi and Ahmedabad
• Geographical Indications at Geographical Indications Registry at Chennai
Other Registries• Copyright Office, Department of Secondary and Higher Education
• Registry of Semiconductor Integrated Circuits Layout-Designs, Department of Information Technology
• Plant Varieties Registry, Department of Agriculture and Co-operation
Courts and Tribunals• Intellectual Property Appellate Board for appeals from Registrar of Trade Marks (may soon have design and patents jurisdiction)
• Copyright Tribunal for appeals from Registrar of Copyrights
• Regional High Courts for infringement claims
• Supreme Court of India
Use of IP System in 2006Patents
• Applications: 28,882
• Grants: 7,359
Trade Marks
• Applications: 103,419
• Registrations: 109,361
Use of IP System in 2006Designs
• Applications: 5,372
• Registrations: 4,431
Geographical Indications
• Registrations:
• Includes “Darjeeling Tea” and “Mysore Silk”
Conclusion•India not like China, Korea or Japan in terms of massive volumes of patent applications
• Intellectual property tends to be brand and design rather than technology focussed
• Nevertheless, firms like Ranbaxy and Tata are major users of worldwide patent system.
Any Questions Jane LambertnipcThe Media Centre7 Northumberland StreetHuddersfieldHD1 1RL
Tel 0870 990 5081
www.nipclaw.com