India: Indian IP Administrative And Legialative Updates 2014

Last Updated: 4 March 2015
Article by Zoya Nafis

2014 was a year full of dynamic changes in IP environment in India. Let us have a quick recap of what the year offered to us as IP practitioners and enthusiasts in regard to administrative and legislative updates. The list is though not exhaustive covers major updates in regard to intellectual property in India.

  • India had the weakest IP environment as per GIPC Index 2014

On 28th January 2014, the US Chamber of Commerce released the International Property (IP) Index. International IP Index is prepared by the Global Intellectual Property Centre (GIPC) of the US Chamber of Commerce which checks the IP environment of 25 countries from around the world utilising 30 factors, which are indicative of an IP environments that fosters growth and development. India scored a low seven point out of maximum 30 points and continued to have the weakest IP scenario of all countries included in the GIPC Index for the second consecutive year.

  • Patent Rules Amended

The Indian Patent Office published the Indian Patents (Amendment) Rules, 2014 which came into effect from 28th of February, 2014.

The said amendment added a third category of applicant "small entity" under Rule 2(da) with its definition given under Rule 2(fa). It also revised the basic fee for filing a patent application. A new Form 7(A) was introduced for filing "Representation Opposing Grant of Patent" under sub-section (1) of Section 25 and sub-rule (1) of Rule 55 of the principal rules.

  • Permanent Office for IPAB in Delhi

Pursuant to the order of the Delhi High Court on March 17, 2014 IPAB would soon have a permanent office in Delhi. High Court, in its order, directed the IPAB to take steps for leasing/ renting premises for its day to day functioning. This would increase the institutional efficiency of IPAB as the documents would no longer have to be transported from one place to another.

  • USTR Special 301 report was released on 30th April 2014

The Special 301 report pointed out the growing concerns with respect to the environment for IPR protection and enforcement in India. India remained on the Priority Watch list showing insufficient IPR protection or enforcement, or otherwise limited market access for persons relying on intellectual property protection.

Despite enumerating a long list of specific complaints about India's IPR regime, the USTR also announced that it would conduct "Out-of-Cycle reviews" to promote engagement and progress on IPR challenges identified in the 2014 review of India.

  • Stock and Flow Based Dynamic Trademark Utility Launched

On 20th May 2014, the Controller General of Patents, Designs and Trademarks launched a stock and flow based Dynamic Trademark Utility to provide the stakeholders an access to Trade Marks under different stocks and the flow of trademark applications among the various stocks. Similar "Stock and Flow" facility was made available for patents as well. The service enabled viewing of entire work happenings at the Patent office which means applicants know exactly the stage of prosecution at which their application remains pending.

  • India ratified the Marrakesh Treaty

India became the first country to ratify the Marrakesh Treaty on June 24, 2014. This treaty aims to facilitate access to published works for persons who are visually impaired, or otherwise print disabled. The Treaty was adopted by 79 member countries of the World Intellectual Property Organisation on June 27, 2013.

The treaty requires signatories to adopt national law provisions that facilitate the availability of published works in formats like Braille that are accessible to the blind and allow their exchange across borders by organisations working for the visually impaired.

  • Pilot Project launched by the IPO to speed up patent grants

On 7th July 2014, the office of the Controller General of Patents, Designs and Trademarks initiated a pilot project to develop and test a system of transfer of files among different locations. The objective was to utilize the expertise of the officers available within the office to the maximum possible extent and to develop a system of auto-allocation based on work-load.

  • Trademark Rules Amended

On 7th August 2014, DIPP issued a public notice to announce the amendments in the Trademark Rules and published in the Official Gazette. The amendment revised the official fee for filing a new trademark application from INR 3500 to INR 4000 per class. Also the official fee for filing a request for expedited examination has been increased from INR 17500 to INR 20000 per class.

  • New version of electronic Patent register was released by CGPDTM.

On 30th September 2014, CGPDTM released the new version of electronic Patent register in the IPAIRS. The new version includes the legal status of Patents along with other details like Due Dates, Information under section 146 (Working of Patents), Linked Applications (Parent or Divisional) etc.

  • Think Tank was constituted to draft India's IPR policy on 25th October 2014

The Department of Industrial Policy and Promotion (DIPP) constituted a think tank on Intellectual Property Rights to draft a national IPR policy and advise the government on a range of patents related issues.

The think tank was constituted to highlight anomalies in the present IPR legislations and advise possible solutions to the commerce ministry. It is formed to identify areas in IPR where study needs to be conducted and give recommendations to the ministry. In addition, it would regularly update the government about the developments in IPR cases that have a bearing on India's IPR policy.

  • Electronic filing of PCT Applications enabled

To accommodate its functioning with the technological advancements, Indian Patent Office (IPO) enabled electronic filing and processing of Patent Cooperation Treaty (PCT) applications. Consequent to this development, filing and processing of international patent applications with IPO, in its capacity as the Receiving Office under the PCT, could be done electronically via the ePCT web link available on the WIPO website with effect from 15th November, 2014. IPO already notified International bureau of WIPO of the development and confirmed that it is prepared to receive and process international applications in electronic form.

  • First Draft of the National IP Policy submitted

On 24th December 2014, the first draft of National IP Policy was submitted by the think tank constituted by the DIPP. The draft was placed in public domain for the stakeholders to make their suggestions and comments within stipulated time.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Zoya Nafis
 
In association with
Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions