India - New Patents (Amendment) Act
The Government of India has met the December 31 deadline for complying with its obligation to World Trade Organisation (WTO)
under TRIPs agreement, by promulgating an Ordinance – The Patent (Amendment) Ordinance, 2004 followed by the Act – Patent (Amendment)
Act, 2005.
The most important changes are
Product Patent can be issued in respect of food, drugs and medicines. Provisions of 'process patent' for these goods abolished.
Provisions in respect of EMR (Exclusive Marketing Rights) abolished.
Computer programme per se is not patentable, but its technical application to industry or a combination with hardware is patentable.
Provision of 'acceptance of specification' and its advertisement have been deleted.
Application for patent will be published in Official Journal. At that time opposition can be made on limited grounds but hearing is not
mandatory.
After grant of patent, opposition can be made within 12 months.
Provision of sealing of patent omitted.
Suit for infringement of patent cannot commence before date of publication of publication of the application.
Penalties enhanced substantially.
India - New Designs Act
The Designs Act, 2000 has come into force with effect from May 11, 2001. The salient features of the Act are:
1. The definition of a Design has been widened. Design means and includes composition of lines or colour or combination thereof applied
to any article in addition to the visual features of shape, configuration, pattern or ornamentation applied to any article but should not
include any Trade mark or property mark or artistic works as defined under the Copyright Act, 1957.
2. Absolute novelty is essential to register a design under the Act.
3. International Classification of Industrial Designs according to Locarno Agreement has been introduced.
4. The right of priority is applicable from an application filed in a convention country.
5. The period of protection is for ten years extendable for a further period of five years.
India - New Trade Marks Act
India has enacted the new Trade Marks Act substantially amended its existing Trade & Merchandise Marks Act 1958. The Act will come
into force as soon as the enabling Rules are notified.
The salient features of the new Act are: -
1. The definition of a mark has been widened to include any sign capable of distinguishing the goods or services of a person in respect of
which it is registered from the goods or services of another person and may include any sign capable of being represented
graphically, including aspects of packaging, shapes and colors.
2. Service Marks registration is possible in India.
3. Multi-class application is possible covering several classes of goods and/or services.
4. The division between Part A & Part B of the Register has been abolished.
5. The period of registration has been increased from 7 to 10 years with renewals for the like period.
6. Statutory protection has been provided to well-known trade marks.
7. The definition of infringement has been expanded.
8. Additional provisions have been included for enforcement of rights.
9. An Appellate Board is to be established to expedite appeals and applications for rectification.
The Government of India has met the December 31 deadline for complying with its obligation to World Trade Organisation (WTO)
under TRIPs agreement, by promulgating an Ordinance – The Patent (Amendment) Ordinance, 2004 followed by the Act – Patent (Amendment)
Act, 2005.
The most important changes are
Product Patent can be issued in respect of food, drugs and medicines. Provisions of 'process patent' for these goods abolished.
Provisions in respect of EMR (Exclusive Marketing Rights) abolished.
Computer programme per se is not patentable, but its technical application to industry or a combination with hardware is patentable.
Provision of 'acceptance of specification' and its advertisement have been deleted.
Application for patent will be published in Official Journal. At that time opposition can be made on limited grounds but hearing is not
mandatory.
After grant of patent, opposition can be made within 12 months.
Provision of sealing of patent omitted.
Suit for infringement of patent cannot commence before date of publication of publication of the application.
Penalties enhanced substantially.
India - New Designs Act
The Designs Act, 2000 has come into force with effect from May 11, 2001. The salient features of the Act are:
1. The definition of a Design has been widened. Design means and includes composition of lines or colour or combination thereof applied
to any article in addition to the visual features of shape, configuration, pattern or ornamentation applied to any article but should not
include any Trade mark or property mark or artistic works as defined under the Copyright Act, 1957.
2. Absolute novelty is essential to register a design under the Act.
3. International Classification of Industrial Designs according to Locarno Agreement has been introduced.
4. The right of priority is applicable from an application filed in a convention country.
5. The period of protection is for ten years extendable for a further period of five years.
India - New Trade Marks Act
India has enacted the new Trade Marks Act substantially amended its existing Trade & Merchandise Marks Act 1958. The Act will come
into force as soon as the enabling Rules are notified.
The salient features of the new Act are: -
1. The definition of a mark has been widened to include any sign capable of distinguishing the goods or services of a person in respect of
which it is registered from the goods or services of another person and may include any sign capable of being represented
graphically, including aspects of packaging, shapes and colors.
2. Service Marks registration is possible in India.
3. Multi-class application is possible covering several classes of goods and/or services.
4. The division between Part A & Part B of the Register has been abolished.
5. The period of registration has been increased from 7 to 10 years with renewals for the like period.
6. Statutory protection has been provided to well-known trade marks.
7. The definition of infringement has been expanded.
8. Additional provisions have been included for enforcement of rights.
9. An Appellate Board is to be established to expedite appeals and applications for rectification.
