Intellectual property in India refers to the patents, copyrights and other intangible assets in India.

Government Policy

Indian government approved its first Intellectual Property Rights Policy in May 2016.[1]

Laws

Copyrights

The "Copyright Act, 1957" (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India.[2] The history of copyright law in India can be traced back to its colonial era under the British Empire.[3] The Copyright Act, 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.[4] The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.[5]

Trademarks

"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.[6] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.[7]

Patents

The Patents Act, 1970[8] were brought into the force on 20 April 1972, and further amendments were carried in 1999, 2002 and 2005.[9] The Patent Rules, 2003 were introduced along with the Patent Act (amendment), 2002 on 20 May 2003,[10] and recent amendments were carried in 2016, and 2017. The Patents (Amendment) Rules 2016 mainly focused on expediting the grant process, benefits to startup, and increase in official fees.[11] Patent filing has increased drastically, with over 138,000 patents filed between 2015- 21, with over 85,000 filed in emerging technologies.[12]

Authority

The Intellectual Property India is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs, Trade Marks and Geographical Indications.[13]

References

  1. ↑ "Cabinet approves Intellectual Property Rights policy", The Hindu, 13 May 2016
  2. ↑ http://copyright.gov.in/
  3. ↑ Arul George Scaria, Piracy in the Indian Film Industry: Copyright and Cultural Consonance (Cambridge University Press 2014) 47-53
  4. ↑ Jatindra Kumar Das, Law of Copyright (PHI Learning Private Ltd. 2015) 88
  5. ↑ http://www.wipo.int/wipolex/en/details.jsp?id=13230 (WIPO Lex)
  6. ↑ Narayanan, P. (2004). Law of Trade Marks and Passing off (6th ed.). Kolkata: Eastern Law House. p. 3. ISBN 9788171772322.
  7. ↑ "DIPP under Ministry of Commerce and Industry".
  8. ↑ "Indian Patent System".
  9. ↑ "Amendments in Patent Act - Overview & Comparison".
  10. ↑ "WIPOLex". wipolex.wipo.int. Retrieved 17 March 2019.
  11. ↑ "The Patents (Amendment) Rules 2016" (PDF).
  12. ↑ https://www.indiabudget.gov.in/economicsurvey/doc/echapter.pdf
  13. ↑ "About Us | Intellectual Property India". www.ipindia.nic.in. Retrieved 23 February 2019.


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