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INTELLECTUAL PROPERTY (Updated on 1st August 2007) Background


The term Intellectual Property (IP) reflects the idea that its subject matter is the product of the mind or the intellect. These could be in the form of Patents; Trademarks; Geographical Indications; Industrial Designs; Layout-Designs (Topographies) of Integrated Circuits; Plant Variety Protection and Copyright.


IP, protected through law, like any other form of property can be a matter of trade, that is, it can be owned, bequeathed, sold or bought. The major features that distinguish it from other forms are their intangibility and non-exhaustion by consumption.


IP is the foundation of knowledge-based economy. It pervades all sectors of economy and is increasingly becoming important for ensuring competitiveness of the enterprises.

International Organisations & Treaties y A UN agency, namely, World Intellectual Property Organization (WIPO) based in Geneva administers treaties in the field of intellectual property. India is a member of WIPO. y Department of Industrial Policy & Promotion is the nodal Department in the Government of India for all matters concerning WIPO. y India is also member of 2 major treaties, namely, Paris Convention for the Protection of Industrial Property (relating to patents, trademarks, designs, etc.) of 1883 and the Berne Convention for the Protection of Literary and Artistic Works (relating to copyright) of 1886. Apart from these, India is also a member of the Patent Cooperation Treaty (PCT) which facilitates obtaining of patents in several countries by filing a single application.

India is also a member of the World Trade Organization (WTO). The WTO agreement, inter-alia, contains an agreement on IP, namely, the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). This Agreement made protection of intellectual

nic. 1999 through the Geographical Indications Registry at Chennai. Department of Industrial Policy and Promotion (DIPP) and Intellectual Property Rights (IPRs) y DIPP is concerned with legislations relating to Patents. a) y The Controller General of Patents. Nagpur. y Along with the legislation. Trade Marks. rules have also been amended to install a user-friendly system for processing of IP applications. All rules and forms are available on the website: http://www. b) The Designs Act. 2000 through the Patent Offices at Kolkata (HQ). for protection of public interest including public health. Chennai and Delhi. y Necessary safeguards have been built into the IP laws. Designs and Trade Marks (CGPDTM). subordinate office. The Geographical Indications of Goods (Registration & Protection) Act. Delhi. 2002 and 2005) through the Patent Offices at Kolkata (HQ). 1970 (amended in 1999. y India has complied with the obligations contained in the TRIPS Agreement and amended/enacted IP laws. The office has 446 personnel in the patents and designs Offices and 291 personnel in trademarks and geographical indication Offices. Chennai and Delhi. Mumbai. Kolkata and Ahmedabad. Mumbai. Nagpur and the Intellectual Property Training Institute. c) d) The Trade Marks Act. Designs and Trade Marks (CGPDTM) is also in-charge of the Office of the Patent Information Intellectual Property Appellate Board (IPAB) .ipindia. Designs and Geographical Indications. 1999 through the Trade Marks Registry at Mumbai (HQ) an enforceable obligation of the Member States. TRIPS Agreement sets out minimum standards of intellectual property protection for Member States. with headquarters at Mumbai. These are administered through the Office of the Controller General of Patents. as under: The Patents Act. in particular in the Patents law.

y Layout of transistors and other circuitry elements is protected through the Semi-conductor Integrated Circuits Layout-Design Act. A Committee under the chairmanship of Secretary. human resource development.administered by the Department of Information Technology.administered by the Department of Higher Education. Kolkata. Geographical Indications and the Controller of Patents. y New varieties of plants are protected through the Protection of Plant Varieties and Farmers¶ Rights Act. 2000 . 2001 . computerisation.2007. Chennai and Mumbai.y An Intellectual Property Appellate Board (IPAB) has been set up at Chennai to hear appeals against the decisions of Registrar of Trademarks. Modernisation of IP administration y To complement the legislative initiatives. training and awareness.7. Department of Chemicals and Petro-chemicals has examined this issue and submitted its Report to the Government. y E-filing facility for patent and trademark applications has been introduced on 20. y Article 39 of the TRIPs Agreement mandates protection of test data submitted to regulatory authorities for obtaining marketing approvals against unfair commercial use. 1957. modernisation of IP infrastructure has also been undertaken and new integrated offices have been established in Delhi. Other IP Legislations y Copyright is protected through Copyright Act.153 crore has been implemented in the 10th Five Year Plan. International Cooperation .administered by the Department of Agriculture and Cooperation. The programme focused on: Infrastructure development. A programme costing Rs. as amended in 1999 .

569 14.119 in 2006-07 against the figure of 2824 in the year 1999-2000.y Bilateral cooperation agreements (MoUs) have been entered into with UK.813 11.613 200405 17. European Patent Office and Japan.466 2005-06 200607 28.119 . y The number of applications examined has gone up to 14. Statistics: 19992000 Applications 4824 filed Applications 2824 Examined 2000. y Multilateral Cooperation: India has an active cooperation programme in intellectual property matters with WIPO. inter alia. Enforcement of Intellectual Property y Civil and criminal provisions exist in various laws for dealing with counterfeiting and piracy. capacity building and awareness and outreach activities. y The Department of IPP has set up an Inter-ministerial Committee to coordinate IP enforcement issues.200101 02 8503 10. These.882 24.466 200304 12. USA.882 applications in the year 2006-2007. France.415 4264 5104 9538 10.709 14. These focus on human resources development.592 200203 11. Impact of Modernisation Patents: y The filing of patent applications has increased from 4824 in the year 1999-2000 to 28. include organization of joint seminars and workshops and study programmes besides technical assistance by WIPO experts.

Chanderi Saree.361 Geographical Indications y 39 Geographical Indications products have been registered since September. Kullu Shawl.735 2. that is.84.200 85.09.010 registrations in 1999-2000.361.500 70. 109.120 92.275 Examined 42.38 lakh trademark certificates were issued during the last 3 years whereas only 1. Bidriware. 13 times more TMs were registered in 2006-07.65 lakh marks were registered in 64 years (since 1940 to 2004).236 94.762 45.202 6204 11.115 1.185 Filed 66.59.996 72. 2003. etc. Statistics: 19992000 200001 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 90.699 1. Mysore Silk. These include Darjeeling Tea.091 85.419 79. Solapur Chaddar.03.003 89.190 39.49. y As against only 8.Patents Granted 1881 1318 1591 1379 2469 1911 4320 7359 Trademarks: y y The backlog of unexamined applications of approximately 5 lakh cases brought down to zero. y 3. Renewal of Trademarks certificates being done instantaneously in clear cases and new applications are examined within one week. Pochanpally Ikat.015 1.958 Registered 8010 14. Designs .378 84.251 78.325 1.

Current Issues Establishment of NIIPM y The Government has approved a proposal for establishment of a National Institute for Intellectual Property Management (NIIPM) at Nagpur. awareness generation activities. education. ISA and IPEA y A proposal is under consideration to seek recognition for the Indian Patent Office as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) under the Patent Co-operation Treaty. administered by WIPO. strengthening of data-base and novelty search facilities. is a simple. y An exercise to amend the Trade Marks Act is underway to enable joining the Madrid Protocol. accession to international treaties/conventions is being taken up in 11th Five Year Plan. ISA and IPEAs provide search reports on novelty and examination reports on patentability of inventions. y The number of applications examined has also gone up to 5179 in 2006-07 against the figure of 2067 in 1999-2000. y The number of Designs registered has also increased from 1382 in 1999-2000 to 4431 in 2006-07. . Modernisation of IP Offices y Further modernisation of IP Offices to provide additional human resources. research and think tank functions. Madrid Protocol on Trademarks y Madrid Protocol.y The filing of applications for Design has increased from 2874 in 1999-2000 to 5372 in 200607. higher level of computerisation to support on-line processing. The Institute will perform training. facilitative and cost effective system for registration of International Trademarks. India¶s membership of Madrid Protocol will help Indian companies to register their trade marks in the member countries of the Protocol through a single application.

A.nic.Mashelkar Committee y Government has set up a technical expert group under the chairmanship of former Director General of CSIR (Dr.doc . Mashelkar) to examine the following two patent law issues: (a) whether it would be TRIPS compatible to limit the grant of patent for pharmaceutical substance to new chemical entity or to new medical entity involving one or more inventive R. and (b) whether it would be TRIPS compatible to exclude micro-organisms from patenting. y The Report of the Group is available at http://ipindia.