Friday, March 13, 2009

INDIA INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS | INDIA INTELLECTUAL PROPERTY

 

 

Intellectual property rights, India Intellectual Property are safeguarded in a well established statutory, administrative and judiciary framework whether they related to patents, trademarks, copyrights or industrial designs. Well – Known international trademarks have been protected in India even when they are not registered in India. The Indian trademark law has been extended to service marks in addition to trademarks for goods. Computer software companies have curtailed piracy through court orders. Right to privacy which has not been protected even in some developed countries have been protected in India.

 

Protection of India Intellectual Property continues to strengthen further, these include the following:

  1. The Patent Amendments Act, 1999 passed by the Indian Parliament on March 10 1999 to amend the Patent Act 1970 which accords the exclusive marketing rights for 5 years.
  2. The trademark bill 1999 which appeals and replaces the Trade and Merchandise Mark Act, 1958 passed by the Indian Parliament.
  3. The Copyright Amendment Act, 1999 passed by both houses of the Indian Parliament and signed by the president of India on December 30 1999.
  4. The Industrial Design bill, 1999 which replaces the Designs Act 1911 passed in the upper house of the Indian Parliament.
  5. The Patent Second Amendment Bill, 1999 to further amend the Patent Act 1970 and make it TRIPs compliant introduced by the Indian Parliament on December 20 1999.

 

The India Intellectual Property is now working effectively in the aspect of enforcement and there has been notable decline in the levels of piracy of India. In addition to intensifying raids against copyright infringers, the government has taken a number of measures to strengthen the enforcement law.

 

India Intellectual Property does provide effective patent protection in the pharmaceutical sector. According to Patent Act, the patents are restricted to the methods or process of manufacture and not extended to the substance/products themselves. The Indian patent laws are neutral in their application to domestic and foreign inventions. Any disqualification, compulsory licensing, exclusion from patentability are provided only in large interest to provide necessary and adequate safeguards for the protection of public interest, national security, bio diversity, traditional knowledge etc.

 

India has one of the most modern copyright laws. Major development in the area of copyright during 1999 was amended to the copyright act 1957 to make it fully compatible with the provision of the TRIPs Agreement. The earlier 1994 amendment to the copyright act of 1957 has provided protection to all original literary, dramatic, musical and artistic works, cinematography, films and sound recordings. It also brought sectors such as satellite broadcasting, computer software and digital technology under the Indian Copyright protection.

 

It can be noted that the year 1999 has been a great year for India Intellectual Property for coherence of political wall resulting in the passage of major IPR laws and work towards the establishment of an effective administrative mechanism.

 

 



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