You are on page 1of 20

Intellectual Property Rights

Paper on

Intellectual Property Rights :

Ensuring protection in India

Ms. Anuradha Goswami
Confederation of Indian Industry
Plot No 249 F Sector 18
Udyog Vihar, Phase IV, Gurgaon (Haryana)
Phone: 91-0124-4014060-67
Fax: 91-0124-4014080

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

IPR in India
Since independence till 1990s, the Indian industry faced limited competition from
within and outside the country. There were little incentives or pressures to
innovate. Similarly, national research laboratories and academia had freedom to
select their own research areas, which often turned out to be open-ended. Added
to this, the protected market, centralized Government supported science and
technology systems and administrative controls inhibiting changes made the
development process slower.

In the post-GATT environment, there is a new ball game – industries need to

successfully compete in the global market and consolidate on economic security.
The message that without world class technologies, the profit margins of
industries would shrink, if not disappear, has been well received by Indian
industry & Government as well and suitable corrective measures are being taken
by them to face global challenges. Now Indian organisations have slowly started
realising the fact that R&D and protection of Intellectual property is indispensable
for survival. There has been a step up in the R&D spending by Public and private
enterprises and the aggregate expenditure of top 50 companies has grown by an
annual compound rate of 11.2%. The national investment on R&D activities
attained a level of Rs 17660.21 crores in 2000-01.

India indeed has some inherent advantages in the area of science and

♣ Powerful engineering, S&T & multidisciplinary professional talent base

♣ World-class institutions
♣ Cost-effective manpower & research facilities/infrastructure
♣ Increased Industry-Institute partnerships
♣ Government’s investment in R&D and technological leadership
♣ High tech industries becoming IP savvy
♣ Good legal and administration infrastructure in the cities, and a democratic,
liberal and stable polity & a great business ambience.
♣ Growing awareness of IP protection & its valorisation all across
♣ Imaginative legislative measures – balancing national interest & international
♣ Emergence as a Global research design & development platform

Emerging National Scenario

• Compulsions of Global Trade
The multilateral trading system and WTO regime is rapidly changing the way
business is being conducted. Geographical barriers to trade are fast
disappearing. Reduction in import barriers, increase in entry barriers to export

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

markets coupled with stringent quality and technology demands are posing
enormous challenges & threats to India and India is bringing in adequate reforms
and measures to excel in the world market.

• Intellectual Property Rights (IPR) Challenges

The ownership of Intellectual property is a crucial issue that impacts market
position and profitability of industries. India is realising this fact and this is evident
from India’s position of no. 3 in PCT filings and its highest growth rate of 50 % in
the segment of developing countries. The changes in the IPR regime have
necessitated technological self-reliance, as borrowing of technology from
developed will no longer be economically viable.

• Innovation – key requirement for competitiveness

Though Indian industries and R&D institutes have not really excelled in the area
of innovation due to various factors coupled with the past regime that did not
encourage innovation, the broad technology base and infrastructure for industrial
growth coupled with natural resources, low R&D costs and a vast pool of
scientists/experts give India a unique advantage of generating world class
technologies and IP. A nation-wide drive on Innovation is taking place with the
vision of President of India & Indian companies are also embarking Innovation
top priority.

• Industry-Institute Linkage
A significant amount of Industry-Institute partnership is happening in the country
in varied sectors and areas. Partnerships between technology
generators/developers, market/business developers and financiers and
government policy makers are emerging in order to translate knowledge into
profitable commercial ventures.

• Investing in R&D
Giant corporations from all over the world have set up research and development
(R&D) centres in different parts of India. In the last three years, a total of 77
global firms have established their R&D centres in India as direct subsidiaries,
according to a study done by the Administrative Staff College of India (ASCI)
including GE, Delphi, Eli Lilly, Hewlett-Packard, Heinz, Honeywell,
DaimlerChrysler and even McDonald’s. For some, such as the US$12.6 billion
Akzo Nobel's car-refinishes business, the center came even before the company
began selling its products in India. Together with the laboratories set up before
1997, the total number of R&D facilities owned by MNCs in India today is
nudging the 100 mark.

India provides a weighted tax reduction of 150% for R&D establishments which
makes it a very congenial environment for R&D. Budget 2003-04 encourages
research by extending tax holiday to R&D companies established upto March 31,
2004. Also public spending in R&D has gone up to 30.6% last year.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

Intellectual Property Rights

With all these advantages and the developments taking place, India has also
come a long way in modernising its IP laws. The GoI is proposing amendments
to patents law in the context of international obligations as we have to meet them
by 1.1.2005 which essentially means that we have to introduce a product patent
regime for all technologies including those relating to foods, drugs,
pharmaceuticals and chemicals. It raises a lot of concerns especially for the
pharmaceutical industry and India realises the fact that absence of product
patenting will adversely impact foreign investment in this sector as also India’s
emergence as a technology and R&D driven economy.

India is modernising its Patent laws not just with the objective to meet our
international obligation of meeting the product patent regime by 1.1.2005. It is
also an opportunity for us to look at the patent regime in a manner which can
reduce the procedural complications, the time which is taken for the grant of
patents, the need for awareness creation, awareness promotion and all other
aspects which can support entrepreneurs, inventors, creators in not only
protecting what they create but also in making appropriate wealth out of what
they create.

Dr. R A Mashelkar, Director General-CSIR, gave a ten-point National Agenda to

move India on the path of economic progress and the role that Science and
Technology and Innovation and Intellectual Property Rights are going to play and
the sixth point says ..

“ Launch an aggressive Intellectual Policy, in the Government, in the

institutions and in the Industry. Erase the impression of India as a
country that is ducking and avoiding, to one where it is willing to
aggressively face the global competition by leading with a positive
Intellectual property policy. Launch a patent literacy mission. Invest
heavily in both physical and intellectual infrastructure, which will
meet the new challenges of generation of world-class Intellectual
Property, its capture, documentation, protection, evaluation and
Dr. R A Mashelkar
21st February, 1999
Dr. R A Mashelkar
Leadership Award Lecture

And India is moving ahead with this mission & objective towards
creating a strong IPR regime in the country for economic & social
growth & development.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

The Intellectual Curve




Is India ready ?
Is India prepared with a strong IP regime. Will India be able to meet the
international obligations under TRIPS before 1st January 2005. The answer is
Yes because

♣ There is a steep increase in PCT patent filings from India.

PCT Rankings of developing Countries

Country PCT Filings % Growth Worldwide
Korea 2552 10.1 8
China 1124 -32.7 15
India 480 51.9 22
South Africa 407 -2.6 23
Singapore 322 18.8 24
Brazil 204 5.7 27
Mexico 128 19.6 29

If you look at the PCT rankings of patents filed in the segment of developing
countries you can see that Korea ranks 1, China ranks 2, India ranks 3 and so
on. One of the interesting fact about PCT filing is that we have the highest
growth rate, no doubt on a lower base but India is growing at 50% per annum
whilst Korea is growing at only 10% per annum. China shows a de-growth at
30% per annum. There is a capability level that has been demonstrated in India

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

which shows that we are quickly climbing that innovation curve. We need to take
advantage of what is happening today. India is focussing on intellectual property
and if we go on like this our world rankings will quickly rise. Today we are No. 22
in the world, Korea is No. 8, there is no reason why India cannot be in the top 5
patent filers in the world.

PCT Applications filed from Developing Countries


1550 INDIA
1050 Brazil

2000 2001 2002


♣ Increased ParaIV filings : There is a strong emergence of new chemicals

entities being developed by companies. We are seeing increased ParaIV
filings e.g., filings by Ranbaxy & Dr. Reddy’s Labs.

♣ Indian Patent Act recognises the genetically modified organisms (GMOs) as

patentable and IMTECH as a microbial repository.

♣ Increased number of patent law firms

♣ Increased number of patent attorneys qualifying each year

♣ Increased corporate focus on intellectual property

♣ Increased budgets for patent filing in every company and within the research
laboratories and within the country as a whole.

♣ Great amount of awareness building in the patent aspect. However, when

it comes to a state of preparedness, the answer is no.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

♣ Comprehensive modernisation of IP administration

The IPR regime in India –status & developments

International Agreements – signed by India

1. Trade Related Aspects of Intellectual Property Rights: (TRIPS)

India is a signatory of TRIPs in the Uruguay Round agreement of 1995. It is now
bound to amend her existing laws in order to make it to make it TRIPs-compliant.
The government has initiated action to bring in the requisite changes. In the last
few years, India has enacted fully TRIPs-compliant Trademarks Act, Copyright
Act, Designs Registration Act, Geographical Indications Act and Protection of
Layouts for Integrated Circuits Act. A novel Plant Varieties Protection and
Farmers Rights Act 2001 and the Bio-diversity Act 2002 are also in Place.

Out of seven IPRs, there is a dispute only on providing product patent in food,
drugs & chemicals. Indian patent law offers protection only to processes and not
product patent for in respect of these. The Indian Patent Act of 1970 now in the
process of third and final tranche that the outstanding issues are being
addressed. Indian patent law has to be amended suitably to provide for product
patents for duration of protection for 20 years in place of 5 to 7 years for
processed foods, drugs and chemicals and 14 years for other sectors.

2. Patent Co-operation Treaty (PCT)

On 7th September 1998, India deposited its instrument of accession to the PCT
and is bound by Patent Co-operation treaty as 98th contracting State of PCT
from 7th December 1998. Furthermore, nationals and residents of India are
entitled to file International applications for patents under PCT at Patent office,
Kolkatta as receiving office.

With effect from 19th November 1999 Patent office branches at Mumbai, Chennai
& New Delhi are also receiving the PCT applications allowing the applicants to
file application at their regional Patent office.

As on date of India’s accession to PCT, there were nine International Search

Authorities (ISA’s) & Eight International Patent Examination Authorities (IPEA’s).
Govt. of India opted for all of them as competent ISA’s & IPE’s, providing
maximum options to its applicants. As on today India is the only State having
maximum options. Four out of Top ten PCT applicants for the year 2002 are from

3. Paris Convention

The Paris Convention came into being in 1883 for protection of Industrial
Property. India became a member of Paris convention in December 1998. The
Convention applies to industrial property in the widest sense including patent
Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII
Intellectual Property Rights

marks, industrial design, trade names, utility models, geographical indications

and repression of unfair competition.

4. Berne Convention

The Berne Convention is for protection of Literary and Artistic Works which came
into existence in 1886 and is administered by WIPO. India is a signatory to the
Berne Convention.

5. Universal Copyright Convention (UCC)

The Universal Copyright Convention (UCC) was adopted in 1952 and is
administered by UNESCO. 92 countries, including India belong to this

Protection of various IPRs in India

1. Patents
Patents are the strongest of all aspects of IPRs. The Indian Government has
taken extensive measures and initiatives to modernise the Indian Patent Laws
and make it TRIPS compliant.

In respect of patent law, the TRIPs Agreement provides a three-stage time frame
for developing countries to comply with the obligations. These envisage:-

(i) Introduction of a facility (“mail box”) from January 01, 1995 to receive
and hold product patent applications in the fields of pharmaceuticals
and agricultural chemicals till January 01, 2005. Further, on fulfilment
of certain conditions, to grant exclusive marketing rights (EMRs) for a
period of five years or till the product patent is granted or patent
application is rejected, whichever is earlier;
(ii) Compliance, from January 01, 2000, with other obligations of the
TRIPs Agreement, namely, those related to rights of patentee, term of
patent protection, compulsory licensing, reversal of burden of proof,
etc.; and
(iii) Introduction of product patent protection in all fields of technology from
January 01, 2005. (In India’s case this means extension of product
patent protection for food, drugs, pharmaceuticals and chemicals). At
this stage, the applications for product patents filed and held in “mail
box” from January 01, 1995 are also to be taken-up for examination.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

India has complied with the obligations in respect of (i) & (ii) in the following
(a) In respect of obligations effective from January 01, 1995, India has amended
the Patents Act, 1970 through the Patents (Amendment) Act, 1999 effective
retrospectively from January 01, 1995. This Act provides for a “mail box” to
receive and hold product patent applications in the fields of pharmaceuticals
and agricultural chemicals and also on fulfillment of certain conditions
specified in the law, for grant of exclusive marketing rights (EMRs). It has
also been provided in the law that product patent applications received shall
not be referred for examination till December 31, 2004.

(b) In respect of obligations from January 01, 2000 India has further amended the
Patents Act through the Patents (Amendment) Act, 2002 passed by
Parliament in May, 2002 and notified in June, 2002. The Act has been made
effective from May 20, 2003.
♦ As on date, India is fully in compliance with its international obligations
under the TRIPS Agreement.

♦ Work is now required to be done in respect of international obligations,

which will become due from January 01, 2005 under the TRIPS
♦ The amendment to the Patents Act, 1970 that is due from January 01,
2005 will basically be a substantive amendment from the view point of the
pharmaceutical and chemical industry as it would introduce a regime of
product patent protection in addition to the existing process patent
protection for food, pharmaceutical and chemical inventions. The “mail
box” applications, which are around 5,000 will also be taken up for
examination from January 01, 2005. Apart from the implications for the
chemical and pharmaceutical industry, this amendment also has other
implications on pricing of drugs/medicines, availability of drugs/medicines,
public health issues and implications for the Indian industry that has
hitherto basically operated (and flourished) through reverse engineering of
drugs and pharmaceuticals emerging from the R&D efforts of mostly

India has realised the fact that it is paramount to appreciate that for this set of
amendments the time frame is most crucial. Any slippage in meeting the
January 01, 2005 deadline will invite retaliatory action under the WTO disputes
mechanism because the stakes for different sectors of the pharma industry
(especially MNCs of developed countries) are much higher. Having availed of
the entire transition period provided under the TRIPs Agreement, India will have
no legal leg to defend its default. The past record of delayed implementation will
also not help its case and there will also be an erosion of India’s credibility in the
international field. In the above background and given the sensitivities
surrounding patent issues, Government of India is carrying out extensive

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

and broad-based country-wide consultations with all stake-holders and

interest groups.

Patent Legislation

The Patents Act, 1970 & The Patents Rules 1972, effective from April 20, 1972,
govern the Patent system in India. Subsequently the Patents Act, 1970 is
amended effective from January 1, 1995 & The Patents Rules, 1972 is amended
effective from June 2, 1999. Patents Amendment Act 1970 is further amended in
2002 (P/A: 2002) which came into force w.e.f. 20th May 2003. Now the third and
final tranche is due to address the remaining outstanding issues.

Patents are included in the portfolio of Department of Industrial Policy & promotion,
Ministry of Commerce & Industry.

Safeguards Provided in the Legislation

(a) Exclusions from patentability

♦ patents contrary to public order, morality or which cause serious
prejudice to human, animal or plant life or health or to the environment; patents on
plants and animals including seeds, varieties and species and essentially
biological process;
♦ patents on traditional knowledge; and protection of traditional knowledge and
♦ a mathematical or business method or a computer program per se or
♦ a literary, dramatic, musical or artistic work or any other aesthetic
creation whatsoever included cinematography works and television
♦ a mere scheme or rule or method of performing mental act or method of
playing game;
♦ a presentation of information;
♦ topography of integrated circuits.

(b) Protection of traditional knowledge

♦ by providing for opposition/revocation where the invention is anticipated by
the traditional knowledge (oral or otherwise) available within any local or
indigenous community in India or elsewhere.

(c) Redrafting of Compulsory Licences provisions

♦ by extending the scope of general principles for working of inventions to
address the public health concerns
♦ by providing grounds for grant of compulsory license viz.: non-working of
inventions and non-availability of patented inventions at reasonably
affordable price.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

(d) Reintroduction of national security Provisions

♦ by reintroduction of Section 39 relating to prohibition to apply for
patents relevant for defence purposes outside India.

Provisions to check prices and ensure prompt availability of patented

products after the expiry of the term of patent
♦ by introduction of Bolar provision to ensure prompt availability of products
particularly generic drugs immediately after expiry of the term of patent;
♦ by adoption of parallel import provisions to check prices.

(f) Introduction of Pre-grant publication and deferred examination system

♦ by introduction of international practices such as publication of application
after 18 months and examination of application on request. This would
ensure the availability of the technology to the researchers, inventors and
general public for doing further research;
♦ by providing for deferred examination to avoid accumulation of unexamined
patent applications.

(g) Protection of Biodiversity

♦ by making disclosure of source and geographical origin of the
biological material mandatory
♦ by providing for opposition/revocation where applicant does not disclose or
wrongfully mentions the source o
♦ r geographical origin of biological material used for the invention

2. Trade Marks
Trade marks have been defined as any sign, or any combination of signs capable
of distinguishing the goods or services of one undertaking from those of other
undertakings. Such distinguishing marks constitute protectible subject matter
under the provisions of the TRIPS Agreement. The Agreement provides that
initial registration and each renewal of registration shall be for a term of not less
than 7 years and the registration shall be renewable indefinitely. Compulsory
licensing of trademarks is not permitted.

India affords full protection to trade marks under the Trade Marks and
Merchandise Act. The Indian law of trademarks is protected by the Trade &
Merchandise Marks Act, 1958. A new statute i.e. the Trade Mark Act, 1999 has
been enacted in India to bring it in conformity with the TRIPs Agreement, to
which India is a signatory. Indian Trademarks Act, 1999, came into force on
September 15, 2003.
India has made a step towards fulfilling its international obligations.
Consequently, the Indian trademark law has now become fully compatible with
the International standards laid down in the TRIPs Agreement. The New Act
primarily consolidates and amends the old Trade & Merchandise Marks Act,
1958 and provides for better protection of goods and services.
Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII
Intellectual Property Rights

On the whole the Trademarks Act, 1999 has removed the inconvenient
provisions of the old Act and has fostered the rights of the traders and other
service providers significantly. It also sends a warning to infringers.
This Act not only makes Trade Marks Law TRIPs compatible but also
harmonizes it with International systems and practices.
Convention Application and International Treaties
India has declared certain countries as convention countries, which afford to
citizens of India similar privileges as granted to its own citizens. A person from a
convention country, may within six months of making an application in his home
country, apply for registration of the trademark in India. If such a trademark is
accepted for registration, such foreign national will be deemed to have registered
his trademark in India, from the same date on which he or she made application
in his home country.

Trademark issues are handled by Department of Industrial Policy & promotion,

Ministry of Commerce & Industry.

3. Copyrights

India has a very strong and comprehensive copyright law based on Indian
Copyright Act. 1957 which was amended in 1981, 1984, 1992, 1994 and 1999
(w.e.f.January 15, 2000). The amendment in 1994 were a response to
technological changes in the means of Communications like broadcasting and
telecasting and the emergence of new technology like computer software.

The 1999 amendments have made the Copyright Act fully compatible with Trade-
Related Aspects of Intellectual Property Rights (TRIPS) Agreement. & fully
reflects Berne Convention. The amended law has made provisions for the first
time, to protect performers’ rights as envisaged in the Rome Convention. With
these amendments the Indian Copyright law has become one of the most
modern copyright laws in the world.

Moreover, India is signatory to both the International copy- right conventions i.e.
the Berne Convention of 1886 and Universal Copyright Convention of 1952. India
is also an active member of WIPO and UNESCO.. Indian representatives have
taken part in the international copyright conferences putting forward the Indian
point of view and thus helping in getting proper amendments made in the
interests of developing countries. Much credit goes to India for getting the 1971
Paris Act, which recognizes the needs of developing countries and given a
special treatment for that.

During the last two decades the Government of India has taken a number of
measures towards the implementation and enforcement of copyright law. Under
the Ministry of Human Resources Development a special Copyright Enforcement
Advisory Council has been set up in which the heads of police from all the States

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

of India participate and join forces to see to it that copyright is properly enforced.
These developments have made a check on copyright infringement, by and large
quite effective.

The Federation of Indian Publishers has Copyright Council, which organizes

training courses in copyright for the benefit of publishers and authors all over the
country from time to time with assistance from the Ministry of Education and
sometimes World Intellectual Property Organization (WIPO).Recently, the
Federation of Indian Publishers (FIP) in collaboration with the ‘Authors Guild of
India’ have established ‘Indian Reprographic Rights Organization’ for the
protection of the interests of copyright holders in India and abroad and also to act
as a Collecting Society.

Being a member of the International Publishers Association (IPA) Indian

publishers take an active part in the International Publishers Copyright Council
(IPCC) from time to time.
In the Indian law, copyright falls into ‘public domain’ 60 years after the death of
the author.

Copyrights Issues are handled by Department of Book Promotion & Copyrights.

Ministry of Human Resource Development.

4. Geographical Indications

Geographical Indications of Goods are defined as that aspect of industrial

property which refers to the geographical indication referring to a country or to a
place situated therein as being the country or place of origin of that product.
Typically, such a name conveys an assurance of quality and distinctiveness,
which is essentially attributable to the fact of its origin in that, defined
geographical locality, region or country. Under Articles 1 (2) and 10 of the Paris
Convention for the Protection of Industrial Property, geographical indications are
covered as an element of IPRs. They are also covered under Articles 22 to 24 of
the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement,
which was part of the Agreements concluding the Uruguay Round of GATT

A new law for the protection of geographical indications, viz. the Geographical
Indications of Goods (Registration and the Protection) Act, 1999 has also
been passed by the Parliament and notified on 30.12.1999 and the rules made
there under notified on 8-3-2002. The Act has come into force from 15th
September 2003.
Geographical Indications issues are handled by Department of Industrial Policy &
promotion, Ministry of Commerce & Industry.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

5. Industrial Designs

In 1911 the Designs Act was passed by the then British Government in India.
The Designs Act of 1911 governs industrial Designs. The registration of a design
confers on the registered proprietor the right to take action against third parties
who apply the registered design without license or consent. Under the TRIPS
Agreement, minimum standards of protection of industrial designs have been
provided for. As a developing country, India has already amended its national
legislation to provide for these minimal standards.
The existing legislation on industrial designs in India is contained in the New
Designs Act, 2000 India had achieved a mature status in the field of industrial
designs and in view of globalization of the economy. The present legislation is
aligned in view of the changed technical and commercial scenario and made to
conform to international trends in design administration.
This replacement Act is also aimed to inact a more detailed classification of
design to conform to the international system and to take care of the proliferation
of design related activities in various fields.

Industrial Design issues are handled by Department of Industrial Policy & promotion,
Ministry of Commerce & Industry.

6. Plant Variety Protection

TRIPS provisions of WTO Agreement makes it mandatory to the member

countries to provide protection for the new plant varieties. TRIPS provisions have
given the member countries two options for the protection of new plant varieties
(I) under the Patent law itself and (ii) by a separate system (called the Sui
generis system).
India has adopted for the second category namely Sui generis system.
Accordingly Indian Parliament has passed the “Protection of Plant Varieties
abd Farmers Rights Act 2001”. and The Protection of Plant Varieties and
Farmers’ Rights Rules, 2001.

7. Utility Models
Utility patent system of protection can be termed as a second tier patent system
that, as compared to standard patent, can provide quicker grant of rights, for
limited / lessor period, for lower level or incremental inventions / innovations and
at a lesser cost.

This system of protection is expected to engender innovative activities

indigenously while provide a form of Intellectual Property Rights (IPR) protection
for small and medium enterprises (SME) or local industries.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

It is understood that at least 50 other countries including Japan, Germany and

Australia have introduced a second-tier system of protection. There is no Utility
Model Law in India but it is under consideration.

8. Protection for Living Organisms

Due to the dramatic developments in the ability to select and manipulate genetic
materials, interests have been developed in the commercial use of living
organisms. According to the TRIPS provisions, all member countries should
provide protection for new microorganisms. Accordingly the Patent Amendment
Act 2002 provides protection for new microorganisms.

9. Topographies of Semiconductors
Extends to protection of “layout-designs” i.e. layout of transistors, and other
circuitry elements including lead wires connecting such elements and expressed
in any manner in a semiconductor integrated circuit.

Governed by The Semiconductor Integrated Circuits Layout-Designs Act, 2002

10.Traditional Knowledge

Traditional knowledge is in the public domain and should, therefore, not qualify
for patents. This is indeed what happened with turmeric and might well have
occurred with pigeon pea extracts and ngali nut oil. But for resolution of the
issue, there has to be a database and computerisation of traditional knowledge.
While creating a database of knowledge handed down orally is difficult, this
constraint is responsible for many of India's patent-related problems.
While existing traditional knowledge is not patentable, increments to knowledge
can indeed be patented, as they are in the US. The database of the National
Innovation Foundation (NIF) demonstrates that India is not lacking in such
incremental addition to traditional knowledge.
It is paradoxical that despite two amendments to the Indian Patent Act 1970-
amendment 1999 and 2002, such inventive components of traditional knowledge
cannot be patented in India. Small innovators have to file for patents in the
USPTO, with higher application fees and transaction costs.
Traditional knowledge cannot be patented if documented under the TRIPS
agreement of the WTO. That is why neem and haldi products when patented by
the USPTO were revoked once India proved that these were the products of
Indian traditional knowledge.
One of the major issues needing resolution is the protection of traditional
knowledge under a new "sui generis" system.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

Dr R. A. Mashelkar, Director-General of the Council for Scientific and Industrial

Research (CSIR) and Secretary, Science and Industrial Technology, has
repeatedly emphasized that there is much for India in the intellectual property
rights. However, exploitation requires a patent culture and tie-ups, because
commercialization cost are significant.
The CSIR has already undertaken the documentation of traditional knowledge so
that it is available for prior art search.
Government should extend all-out support to this organization. Efforts are being
made to make the third amendment to the Indian Patent Act 1970 to
automatically patent documented traditional knowledge so that foreign countries
do not infringe the right to Indian biodiversity.

Modernisation Initiatives

♦ Government has taken up comprehensive modernisation of intellectual

property administration to complement legislative matters The amount spent
and committed is indicated below:

(Rupees in Crores)

Scheme Ninth Plan Expenditure Allocation Tenth Plan

Expenditure in 2002-2003 for 2003-04 allocation

Modernisation of Patent 21.60 25.00 35.00 92.55

Offices (including Designs

Modernisation of Patents and Designs Offices

♦ The infrastructure in existing and hired accommodation for Patent offices in

Delhi, Kolkata, Chennai and Mumbai have been fully modernized and
operationalised. A completely modernized and computerized Designs Office
in Kolkata has been made operational.

♦ Action is underway to set up Integrated IP offices in each of the four

metro cities so as to house all activities in one building. The NBCC has
been assigned the turnkey projects for operationalising new offices by 2004.

•A logo for IP administration has been designed and put into


♦ A website ( of IP offices has been launched. This

is being redesigned to make it more user-friendly.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

♦ Initial level of computerization completed to generate computerised

information about status of patent applications; comprehensive
computerization is underway. This is being done by C-DAC.

♦ 227 additional posts of Examiners of Patents have been created. 62

Examiners have already been recruited; offer of appointment to 113
candidates have been issued and filling up of remaining posts is underway.

♦ An Intellectual Property Training Institute (IPTI) has been established at

Nagpur to provide training to newly recruited Examiners and others engaged
in the field of intellectual property rights.

♦ Online search facilities have been established and improved novelty search
ensured through connectivity to international databases also.

♦ Work manuals for IP offices have been prepared to ensure uniformity in the
♦ The current output of patent offices vis-a-vis the year 1999-2000 has
nearly trebled. This has gone up from 2824 cases in 1999-2000 to 9538 cases in
the year 2002-03.

♦ With the consolidation of work and induction of new Examiners, the overall
performance will improve further and it would be possible to ensure grant
of patent rights within a timeframe comparable to international levels and
consistent with the statutory provisions.

♦ The problem of backlog of pending patent applications has also been

addressed through legislative measures contained in the Patents
(Amendment) Act, 2002 which introduced examination on request system in
place of examination of all' applications.

♦ Digital database of over 1,00,000 patent records and 48,000 design records
prepared so far. A searchable database will be put on the website.

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

• To enable Indian Industry enhance competitiveness through
Technology and IPR

• To promote Creativity & Innovation

IPR Activities
1. Policy:
♦ Position papers on Patents, Utility Patents, Trademarks, GI, Biodiversity,
Software Patenting etc being developed and will be submitted to DIPP.
♦ To work with Ministry of Industry/DIPP on the next amendment of Patents Act
to fall in line with TRIPs/WTO.
♦ To discuss and take up key issues in other intellectual property area
♦ To discuss/take up policy issues connected to enforcement of IP
♦ To play a proactive role at international level policy initiatives (WIPO/WTO
Forums) in key areas of interest to India(PCT, Law of Patents/SCP etc.

2. Major events :

♦ Technology, Innovation & IPR Week, October 2003, Hyderabad

♦ National Seminar on Enforcement of Copyrights, Nov 2003, New Delhi
♦ International Conference on Creativity & Invention : Next Major Economic
Activity, March 2003, New Delhi.
♦ International Conference on combating counterfeiting : Strategy & Practice,
January 2003, New Delhi
♦ International Conference on IPR September 2002

3. Awareness / Training Programmes :

♦ Seminar on PCT
♦ Training Programme on Management of Intellectual Property
♦ Training Programme on IP Valuation & Taxation/Amortisation
♦ Training Programme on Patent Drafting/Patenting process

4. IPR Information, protection & advisory services :

IPR Facilitation services like Patent Information, Search & Analysis, Drafting &
Legal services, filing assistance, facilitating patent/marks etc, registration in USA
and Europe through CII-overseas law firms partnerships.
Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII
Intellectual Property Rights

Contact details of Important links

Office of the Controller General of Patents, Designs and Trade Marks

Office of the C.G.O. Building, 101, (91)(22) 22017368 (91)(22) Dr. S Chandrasekharan
Controller General Maharshi Karve Road, 22039050 Controller General
Of Mumbai – Fax:(91)(22) 22053372 of
Patents, Designs & Pin-400 020. Patents, Designs &
Trade Marks India Trade Marks

Patent Office and its Branches


Patent Office The Patent Office, (91)(33) 2247 4401 Dr. S.K. Pal
Kolkata Nizam Place, 2nd M.S. O. (91)(33) 2247 4402 Assistant Controller
(Head Office) Building, (5-7) floors, (91)(33) 2247 4403 of
234/4 Acharya Jagdish Bose (91)(33) 2247 3851 Patents & Designs
Road, (91)(33) 2240 1353
Kolkata. Pin 700 020, India Fax (91)(33) 2247 3851

Patent Office Government of India (91)(11)25871255 Shri K.S. Kardam

Branch Patent Office Branch, (91)(11)25871256 Asstt. Controller
Delhi W-5, West Patel Nagar, (91)(11) 25871257 of
New Delhi, Pin 110 008, (91)(11) 25871258 Patents & Designs
India (91)(11) 25877245
E_mail: Fax : (91) (11)25876209 (91) (11)25872532

Patent Office Patent Office Branch (91)(22)24925092 Shri N. K. Garg

Branch Todi Estate, IIIrd Floor, (91)(22)24924058 Asstt. Controller
Mumbai Sun Mill Compound, Fax (91)(22)24920622 of
Lower Parrel, West Patents & Designs
Mumbai - Pin 400013

Patent Office Patent Office Branch, (91)(44)24901495 Shri K Venugopal

Branch Rajaji Bhavan, (91)(44)24901496 Asstt. Controller of
Chennai IIIrd Floor, 'C' Wing, Besant (91)(44)24903686 Patents & Designs
Nagar, Chennai- Pin 600090 Fax (91)(44)24901492
India (91)(44)24900931

Patent Office (91)(44)24314325

Chennai Branch (91)(44)24314326 Shri (Dr.) W.S. Dhumane
Guna Complex, Annexure-II Fax (91)(44)24314750 Deputy Controller of
Sixth Floor, No. 443 Patents & Designs
Annasalai, Teynampet
Chennai - 600018

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII

Intellectual Property Rights

Design Registration

Patent Office Patent Office, (91)(33) 2247 4401 Assistant Controller

Kolkata Nizam Place, (91)(33) 2247 4402 of
2nd M.S. O. Building, (5-7) (91)(33) 2247 4403 Patents & Designs
floors, 234/4 Acharya (91)(33) 2247 3851
Jagdish Bose Road,Kolkata. (91)(33) 2240 1353
Pin 700 020, India Fax (91)(33) 2247 3851


Patent Office E-mail Addresses

Patent Office, Calcutta
Patent Office Branch, New Delhi
Patent Office Branch, Mumbai
Patent Office Branch, Chennai
Trade Mark Registry E-mail Addresses
Trade Mark Registry, Mumbai
Trade Mark Registry Branch, Ahmedabad
Trade Mark Registry Branch, Delhi
Trade Mark Registry Branch, Chennai
Trade Mark Registry Branch, Calcutta
Patent Information System E-mail Addresses
Patent Information System , Nagpur

Office of Copyrights

Book Promotion & Ministry of Human Resource (91)(11) 2338793 Joint Secretary
Copyrights Development Fax: (91)(11)23387934 BP & CR
Deptt. of Secondary &
Higher Education
Govt. of India
Shastri Bhawan
New Delhi

Compiled by : Anuradha Mazumdar, Tech/IPR Div., CII