Intellectual property in India

Intellectual property in India refers to the patents, copyrights and other intangible assets in India.

Government Policy

Indian government approved its first Intellectual Property Rights Policy in May 2016.[1]

Laws

Copyrights
Main article: Copyright law of India

The "Copyright Act, 1957" (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India.[2] The history of copyright law in India can be traced back to its colonial era under the British Empire.[3] The Copyright Act, 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.[4] The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.[5]

Trademarks
Main article: Indian trademark law

"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.[6] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.[7]

Patents
Main article: Indian Patent Office

The Patents Act, 1970[8] were brought into the force on 20 April 1972, and further amendments were carried in 1999, 2002 and 2005.[9] The Patent Rules, 2003 were introduced along with the Patent Act (amendment), 2002 on 20 May 2003,[10] and recent amendments were carried in 2016, and 2017. The Patents (Amendment) Rules 2016 mainly focused on expediting the grant process, benefits to startup, and increase in official fees.[11] Patent filing has increased drastically, with over 138,000 patents filed between 2015- 21, with over 85,000 filed in emerging technologies.[12]

Authority

The Intellectual Property India is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs, Trade Marks and Geographical Indications.[13]

References
  1. "Cabinet approves Intellectual Property Rights policy", The Hindu, 13 May 2016
  2. http://copyright.gov.in/
  3. Arul George Scaria, Piracy in the Indian Film Industry: Copyright and Cultural Consonance (Cambridge University Press 2014) 47-53
  4. Jatindra Kumar Das, Law of Copyright (PHI Learning Private Ltd. 2015) 88
  5. http://www.wipo.int/wipolex/en/details.jsp?id=13230 (WIPO Lex)
  6. Narayanan, P. (2004). Law of Trade Marks and Passing off (6th ed.). Kolkata: Eastern Law House. p. 3. ISBN 9788171772322.
  7. "DIPP under Ministry of Commerce and Industry".
  8. "Indian Patent System".
  9. "Amendments in Patent Act - Overview & Comparison".
  10. "WIPOLex". wipolex.wipo.int. Retrieved 17 March 2019.
  11. "The Patents (Amendment) Rules 2016" (PDF).
  12. https://www.indiabudget.gov.in/economicsurvey/doc/echapter.pdf
  13. "About Us | Intellectual Property India". www.ipindia.nic.in. Retrieved 23 February 2019.


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