Intellectual Property Rights (IPR), very broadly, are rights granted to creators and owners of works that are results of human intellectual creativity. These works can be in the industrial, scientific, literary and artistic domains, which can be in the form of an invention, a manuscript, a suite of software, or a business name.
India has set up an Intellectual Property Right (IPR) regime, which is WTO compatible and is well established at all levels whether statutory, administrative or judicial. In the Ministry of Commerce and Industry, the office of the ‘Controller General of Patents, Designs and Trade Marks (CGPDTM)’ has been set up under the Department of Industrial Policy and Promotion.
It administers all matters relating to patents, designs, trademarks, and geographical indications and also directs and supervises the functioning of:
- The Patent Office (including Designs Wing)
- The Patent Information System (PIS)
- The Trade Marks Registry (TMR), and
- The Geographical Indications Registry (GIR)
Besides, a ‘Copyright Office’ has been set up in the Department of Education of the Ministry of Human Resource Development, to provide all facilities including registration of copyrights and its neighbouring rights.
The issues relating to the layout design of integrated circuits, the ‘Department of Information Technology’ in the Ministry of Information Technology is the nodal organisation. While ‘Protection of Plant Varieties and Farmers’ Rights Authority’ in the Ministry of Agriculture administers all measures and policies relating to plant varieties.
Legislations Covering IPRS in INDIA
- The Patents Act, 1970.
- The act was last amended in March 1999.
- The Designs Act, 1911.
- A new Design Act 2000 has been enacted superseding the earlier Designs Act 1911.
3. Trade Mark:
- The Trade and Merchandise Marks Act, 1958.
- A new Trademarks Act, 1999 has been enacted superseding the earlier Trade and Merchandise Marks Act, 1958. (Enforcement pending)
The Copyright Act, 1957 as amended in 1983,1984 and 1992,1994,1999 and the Copyright Rules, 1958.
5. Layout Design of Integrated Circuits:
The Semiconductor Integrated Circuit Layout Design Act 2000. (Enforcement pending)
6. Protection of Undisclosed Information:
No exclusive legislation exists but the matter would be generally covered under the Contract Act, 1872.
7. Geographical Indications:
The Geographical Indication of Goods (Registration and Protection) Act 1999. (Enforcement pending).