2. • India stands among top 10 highest patent filing countries in 2011 as per WIPO report (2012)
• India is a signatory of Patent Cooperation Treaty (PCT),
through which international applications can be filed through National phase.
• Patent Act 1970 amendment in 2005, gives way to drug patents in India.
• The maximum Patent protection period is 20 years for both product and process.
• First-to-file rule applies.
Patents in India
3. Trademarks in India
• As per Indian Trademark Act 1999, Marks are defined as Device, brand, heading,
label, ticket, name, signature, word, letter, numeral, shape of goods, packing or
combination of color or any combination thereof
• India is a contracting member of Madrid Protocol, which will enable
international Trademark application and registration through just one application.
• The Indian Trademarks (amendment) Act 2010 and Trademark (amendment) Rules 2013
encourages investments and transfer of technology
• The new Trademark Act supports registration of service marks
• The act imparts protection to well known Trademarks
• The act ensures criminal proceedings in case of Trademark infringement
• Registration of a trademark in case of honest and concurrent use depending on the
subjective discretion of the Registrar
4. Industrial Designs in India
• Design registration can be made based on Indian Design Act, 2000 amended in 2008.
• In the third schedule of Design rules 2001, goods classification is based on Locarno
agreement
• India is party to the Paris Convention, so the provision for the right of priority is applicable
• The first-to-file system is applicable for registration of designs
• The initial registration period is 10 years extendable to 5 years.
• In 2011, USA accounted for the largest share of total design application in India. (WIPO report)
5. Copyrights in India
• The copyright registration for original literary, dramatic, musical and artistic works,
cinematograph films, sound recordings and computer programmes can be done under
Copyright Act 1957, amended in 2012.
• The citizens of member country of Berne convention, Universal Copyright Convention
and TRIPS Agreement can enjoy copyright protection in India.
• The copyright protection for cinematograph film, sound recording, photograph, work
of government or work of international body is for 60 years
• In the case of original literary, dramatic, musical and artistic works, the term is lifetime
of the author plus 60 years after the death of the author.
• Even unpublished works may be registered. The Copyright Act of 1957 also provides for
registration of works that was published prior to 1958.
6. Dealing with Infringement in India
Temporary Injunction
(Ex parte)
Infringement
District Court
Permanent Injunction
