Intellectual Property Protection in India

• Some Interesting Facts

Top 10 highest patent filing countries in 2011 as per WIPO report (2012)

Signatory of Patent Cooperation Treaty (PCT),

Patent Act 1970 amendment in 2005, led to drug patents in India.

Maximum Patent protection period is 20 years for product and process.

First-to-file rule applies.

Patents in India

• Design registration is based on Indian Design Act, 2000 amended in 2008.

• In the third schedule of Design rules 2001, goods classification is based on

Locarno agreement

• India is party to the Paris Convention

• The first-to-file system is applicable for registration of designs

• The initial registration period is 10 years extendable to 5 years.

• In 2011, USA accounted for the largest share of total design application in

India. (WIPO report)

Industrial Designs in India

Indian Trademark Act 1999, define Marks as Device, brand, heading, label,

ticket, name, signature, word, letter, numeral, shape of goods, packing or

combination of color or any combination thereof

India is a contracting member of Madrid Protocol

The Indian Trademarks (amendment) Act 2010 and Trademark (amendment)

Rules 2013 encourages investments and transfer of technology

The new Trademark Act

supports registration of service marks

imparts protection to well known Trademarks

ensures criminal proceedings in case of Trademark infringement

Registration of a trademark in case of honest and concurrent use depending on

the subjective discretion of the Registrar

Trademarks in India

Original literary, dramatic, musical and artistic works, cinematograph films,

sound recordings and computer programmes is registered under Copyright Act

1957, amended in 2012.

Copyright protection in India enjoyed by citizens of member country of

Berne convention

Universal Copyright Convention

TRIPS Agreement can enjoy.

Copyright protection for

cinematograph film, sound recording, photograph is for 60 years

original literary, dramatic, musical and artistic works, the term is lifetime

of the author plus 60 years after the death of the author. Unpublished works and works that was published prior to 1958 may be

registered.

Copyrights in India

Temporary Injunction(Ex parte)

Infringement

District Court

Permanent Injunction

Dealing with Infringement in India

Thank You.