INTELLECTUAL PROPERTY ACT

INTELLECTUAL PROPERTY RIGHTS | INTELLECTUAL PROPERTY ACT     Intellectual Property Rights, Intellectual Property Act in India has already certain enactments dealing with what is now called the Intellectual Property Law. There are different types of Intellectual Property Act; they are the Patent and Designs Act, 1872, India Patents and Designs Act, 1911, the Copyrights Act, 1914 which was later replaced by the Copyright Act 1957, and the Trademark and Merchandise Mark act, 1958. India has signed the agreement on TRIPs. The member countries of WTO are under the obligation to implement the convention adopted by the Agreement on TRIPs. WTO agreement is a package deal. Though India is not a member of Paris Convention, having signed the Agreement on TRIPs, India is obliged to recognize and implement the provisions of Paris Convention also.   Intellectual Property Act in India has amended the Indian law on Intellectual property conformity with the provision of WTO Agreement. The Copyright Act, the Patents Act, the Trademarks Act and the Designs Act have been amended accordingly. Some of the new enactments covering recent development were also passed. Some of the important enactments on intellectual property law are: The Copyright Act, 1957. The Patents Act, 1970 The Trademarks Act, 1999 The Geographical Indications of Goods (Registration and Protection) Act, 1999 The Designs Act, 2000 The Semi – Conductor Integrated Circuits Layout – Designs Act – 2000 The Protection of Plant Varieties and Farmers Rights Act, 2001 The Biological Diversity Act, 2002   In Intellectual Property Act, the Copyrights (Amendment) Act, 1994, introduced substantial changes with respect to protection of copyrights and punishments for piracy. The Designs Act 2000 replaced the existing Designs Act, 1911. Similarly the Trademarks Act, 1999 was enacted in 1999 and it repealed the Trade and Merchandise Marks Act, 1958. In order to bring law of patents in tune with the Agreement on TRIPs, the Parliament amended the Patents Act, 1970 in 1999. The Patents (Amendment) Act, 2002 introduced a lot of changes in tune with the provisions enactments, new enactments like the Geographical Indications of Goods Layout Designs act, 2000 etc. The Protection of Plant Varieties and Farmers Right Act, 2001 were enacted in line with the provisions of the agreement on Trade Related Aspects of Intellectual Property Rights. The domestic laws are now in conformity with the TRIPs agreement. Intellectual Property Act in India has taken steps for the effective and adequate protection of Intellectual Property Rights.

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