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

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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.
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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.
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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.
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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.

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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
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