Protection to Intellectual Property
February 26th, 2009India provides protection to Intellectual Property in accordance with its obligations under the TRIPS Agreement of the WTO. The importance of intellectual property in India is well established at all levels- statutory, administrative and judicial.
India has well-established administrative mechanism for enforcement of Intellectual Property Rights. Police officers are empowered to take action against the infringement of IPRs in case of pirated and counterfeit products.
The Intellectual Property Rights protected under various statues in India are as follows:-
Patents
Copyrights and related rights
Trademark
Geographical indications
Plant varieties
Designs
lay out designs of integrated circuit
Protection of undisclosed information
India has undertaken exhaustive amendment of its Patents Act 1970, three times since 1999. Now Indian Patents Act is fully compliant with India’s obligations under the TRIPS Agreement of the WTO. The three amendments that were carried out since 1999, introduced the following main changes in the old Patents Act.
India’s copyright law, laid down in the Indian Copyright Act 1957 as amended by Copyright (Amendment) Act 1999, fully reflects the Berne Convention on Copyrights, to which India 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.
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 programmers for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights.
India provides trademark intellectual property protection for marks of goods and services, collective marks, certification trademarks and well-known marks under the Trademarks Act 1999.
Application for registration of a trademark should be filed with the trademark registry. Trademark is registered after publication in the trademarks journal to invite opposition and after further examination. Registration is not must for protection; however, it is mandatory for taking action against infringement. Registration is valid for an initial period of ten years and can be renewed for further period of ten years.
Protection to plant varieties is provided by the Protection of Plant Varieties and Farmers’ Rights Act 2001. This Act provides an effective system for protection of plant varieties and farmers’ rights to stimulate investments for R&D both in public and private sectors for the development of new plant varieties by ensuring appropriate returns on such investment.
The Designs Act 2000 provides to protection to registered designs in accordance with India’s obligations under the TRIPS Agreement.
The Semiconductor Integrated Circuits Layout Design Act 2000 provides protection to semiconductor integrated circuits layout designs in accordance with the provisions of the TRIPS Agreement.
In fact, intellectual property protection cannot properly be thought of as providing an economic monopoly, at least in part, because a monopoly can only exist in the presence of a market and the ability of an actor to manipulate the market to a point where higher than competitive prices are able to be maintained, which is something that is rarely achievable by an owner of intellectual property.
The strengthening of the intellectual property rights regime, in particular through the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) protection is the subject of intense scrutiny and debates in most countries of the world.
Biotech Intellectual property protection is the key factor for economic growth and advancement in the biotechnology sector. Patents add value to laboratory discoveries and in doing so provide incentives for private sector investment into biotechnology development. The agriculture Biotechnology Industry Organization advocates a strong and effective global intellectual property system. »»» Know more about Biotech Intellectual Property .
Determination of future income requires estimating the income due to the IP in each of all future years over its life; i.e., the amount sold and the net income per unit after routine sales costs are deducted. If the IP is used internally, then the savings due to owning it can be similarly estimated. »»» Know more about Intellectual Property Cases .
Alaska intellectual property lawyers cover a very broad area of legal issues involving contracts, patents, trademarks, copyrights, trade secrets, trade dress and other issues. »»» Know more about Alaska Intellectual Property Lawyers .
Chicago is the largest city in the state of Illinois and the largest in the Midwest. With a population of nearly 3 million people, Chicago is the third largest city in the United States. It is the anchor of the Chicago metropolitan area, commonly called Chicago land, which has a population of over 9.7 million people in Illinois, Wisconsin and Indiana, making it the third largest metropolitan area in the U.S.Rich in history and renowned for its architecture, the city is classified as an alpha world city. »»» Know more about Chicago .
Intellectual Property Office-Delhi is one of the four Offices of IP in India. Delhi IPR (Patent) practice is a strongest practice group of Law Firm and its attorney are having average experience of 11 years. Its attorney is well versed and experienced with India, US, European IPR law. The Delhi intellectual property attorney is registered attorney / agent for filing of Trademark, patent and copyright. The Intellectual Property Attorney works with its clients to identify what intellectual property client may own and help ensure that it is fully protected under India law. »»» Know more about Intellectual Property Office Delhi .
The United States Constitution consists of Copyright Clause, the Copyright and Patent Clause, the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress. »»» Know more about Intellectual Property Clause .
Determination of future income requires estimating the income due to the IP in each of all future years over its life; i.e., the amount sold and the net income per unit after routine sales costs are deducted. If the IP is used internally, then the savings due to owning it can be similarly estimated. »»» Know more about Intellectual Property Famous Cases Determination .
University Intellectual property consulting firm specializing in the implementation of intellectual property processes for technology companies and financial institutions. »»» Know more about University Intellectual Property Consulting .
Patent infringement consists of the unauthorized making, using, offering for sale or selling any patented invention within the United States or United States Territories, or importing into the United States of any patented invention during the term of the patent. »»» Know more about Patent Infringement .
WIPO collects and publishes annual statistics on industrial property, by country and in accordance with the relevant international industrial property classification systems administered by WIPO. The statistics relate to patents, utility models, marks, industrial designs, plant varieties and microorganisms and are published in a unique collection of statistical tables which bring together data supplied by Industrial Property Offices in respect of filings under national, regional and international legislations. »»» Know more about Intellectual Property Stats .


































