INTELLECTUAL PROPERTY REGIME :PATENTS, COPYRIGHTS, TRADEMARKS

INTELLECTUAL PROPERTY REGIME

The importance of intellectual property protection in India is well established at all levels - statutory, administrative and judicial. The four main aspects of India's intellectual property rights regime are:

• Copyrights


• Trade Marks


• Patents


• Industrial Designs

Copyrights

India's copyright law, laid down in the Indian Copyright Act, 1957, fully reflects the Berne Convention on Copyrights, to which Indian is a party. Additionally, India is party to the Geneva Convention for the Protection of Rights of Producers of Phonograms and to the Universal Copyright Convention. India is also an active member of the World Intellectual Property Organisation (WIPO), Geneva and UNESCO.

The copyright law has been amended periodically to keep pace with changing requirements. The latest amendment to the copyright law which came into force in May 1995, has ushered in comprehensive changes and brought the copyright law in line with new developments in satellite broadcasting, computer software and digital technology. The amended law has made provisions for the first time, to protect performers' rights as envisaged in the Rome Convention.

Several measures have been adopted to strengthen and streamline the enforcement of copyrights. These include the setting up of a Copyright Enforcement Advisory Council, training programs for enforcement officers and setting up special police cells to deal with cases relating to infringement of copyrights.

Trade Marks

India affords full protection to trade marks under the Trade Marks and Merchandise Act. Service marks are not specifically included in the Trade Marks and Merchandise Act. However, they have been protected in judicial decisions by the Courts. The government is in the process of amending the earlier Trade Marks and Merchandise Act to provide for the statutory protection of service marks.

Patents

Under the Patents Act, 1970, India recognises product patent protection for a 14 year period. However, in three areas: food, chemicals and pharmaceuticals, it recognises only a process patent for a period of 7 years. With the signing of the GATT Agreement, the Patents Act, 1970 is being amended to bring its provisions in line with the Trade Related aspects of Intellectual Property Rights (TRIPS) agreement.

The amended law would allow the filing of patents with the regulatory authority and grant exclusive marketing rights for a period of 5 years during the transition period of 10 years, which is allowed to developing countries to align their patent laws with GATT provisions.

Industrial Designs

Industrial Designs Industrial designs are governed by the Designs Act of 1911. The registration of a design confers on the registered proprietor the right to take action against third parties who apply the registered design without licence or consent. The duration of protection afforded to a design registered under the Act is 5 years initially, with renewals for two further periods of 5 years each. A review to strengthen the Designs Act is presently under consideration of the Government.