Guide

Intellectual Property Guide for India

Do you want to deepen your knowledge about the Indian Patent Act, reduce the time to register a trademark in India or get to know how to protect the aesthetic features of your article? Then follwing report is your guide to intellectual property in India.

India

India is a member of the World Trade Organisation (WTO) and a signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The Intellectual Property Rights (IPR) framework in India is ever evolving in accordance with global IPR laws. India is one of those few countries with a National IPR policy. The Indian IP Office is taking necessary steps to strengthen the IPR administration and management and thereby improving the IPR ecosystem and providing easy access to facility for innovators. India has well-established statutory and judicial frameworks as well, resulting in the safeguarding of interest of IP owners.

Intellectual property laws in India cover the entire gamut of laws with Patents, Trade Marks, Industrial Designs, Copyrights and Geographical Indications being some of the major laws.

Deepen your knowledge about the Indian Patent Act

The Indian Patent Act strikes a balance between the rights of the patent holder and the rights of society to enjoy the benefits of the patented invention. One of the main features of the Indian Patent Act is that, India offers reciprocal arrangements with the convention countries, and applicants can claim priority of filing. Filing of patent applications has increased by 5.67% and examination of patent applications has increased by 41.46%. Grant and disposal of the patent applications has increased, respectively, by 17.15% and 6.69%. *

Reduce the time to register a trademark in India

The Indian Trade Mark Act is TRIPS compliant. Some of the salient features of the Act are registration of service marks, filing of multiclass applications, and reciprocal arrangement of filing with convention countries. Indian law also recognizes the concept of well-known marks and trans border reputation of marks. In addition, the Madrid Protocol facilitates application filings in India at ease. Procedural reforms and amendment to Trademark Rules has helped to simplify the filing procedure and reduce the time taken to register a trademark in India.

Protect the aesthetic features of your article

One of the important features of the Designs Act in India is that it offers protection to only the aesthetic features of an article and not to its functional aspects. It is important to obtain a design registration in India, to be able to take legal action against an infringer of the registered design. During 2018-19, a total of 12,585 design applications were filed resulting in 6.31 % increase over the previous year*.

Over the years, India has made a number of amendments to IPR laws and rules resulting in an increase in efficiency whilst ensuring global standards of protection.

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