Following India's accession to the Paris Convention and the PCT, the Government of India has issued some implementing laws, the details of which are given below
1.A notification dated 38th of September 1998 has come into effect which extends the most favoured nation treatment to all the WTO members (covering 131 countries) as regards Patents.
2.The Government has also come up with a notification dated 15th October 1998 for amendment of rules, there is 30-day objection period. With effect from 15th November 1998, if there are no objections or if the objections are resolved, the amended rules shall be ready and the Government will notify them for the effect from 7th December 1998.
Some procedural features of the draft Patent (Amendment) Rules, 1998 are:
- a)The Calcutta Patent Office will function as the receiving, designated and elected office for international applications filed under the treaty.
- b)International application has to be filled with the Patent Office in Hindi or English (in triplicate)with the prescribed fee of Rs. 5000/-(US$ 125 approx.)
- c)The filing date of an application for patent designating India will be the international filing date accorded under the treaty.
Copies of the notifications can be obtained from Anand & Anand, India ( See address below for details.)
3.In the middle or the end of November 1998, the Government is likely to issue two separate notifications announcing the list of Paris Convention countries and PCT countries.
4.Similarly, notifications will also be issued by the 7th of December 1998 for providing priority under the Trade & Merchandise Marks Act 1958 and under the Designs Act 1911. Section 78A would need to be amended for this purpose.
FOR FURTHER INFORMATION PLEASE CONTACT:
HEAD OFFICE ADDRESS: Anand & Anand 1, Jaipur Estate Nizamuddin East New Delhi- 110013
Tel:(91 11) 4619639; (91 11) 4615833; (91 11) 4623148;(91 11) 4641749; (91 11) 4645067; (91 11) 4645078
Fax:(91 11) 4624243; (91 11) 4642060; (91 11) 3325045
E-mail:pravin.anand@smo1.sprintrpg.sprint.com