The concept of Intellectual Property established soundly at all levels: statutory, administrative and judicial. The four main aspects of India's Intellectual Property Rights regime are:
India's copyrights law, laid down in the Indian Copyright Act, 1957, fully reflects the Berne convention on Copyright, to which India is a party. It has been amended periodically to keep pace with changing requirements. The most recent amendment was in 1994, which ushered in comprehensive changes and brought the Copyright law in line with the new developments in satellite broadcasting, computer software and digital technology. Indian Copyright law is now on par with the most modern laws in the field.
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. Government has introduced a Bill in Parliament seeking to amend the earlier Trade Marks and Merchandise Act and provide for statutory protection of Service Marks.
Under the Patent Act, 1970, India recognises product patents under a 14 year period of protection for patents. However, it provides an exception in three areas: food, chemicals and pharmaceuticals, where it recognises only a process patent for a period of 7 years.
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 five years initially, with renewals for two further periods of five years each.
India, along with 110 other countries, authenticated the results of the Uruguay round by signing the Final Act at Marrakesh on April 15, 1994. India intends to abide by the obligations arising out of the agreement on Trade Related aspects of Intellectual Property Rights (TRIPS), which form part of the Uruguay Round Agreements.
Centre for Monitoring Indian Economy, Bombay
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Last updated: May 1995.