The modernization programme for
augmenting the infrastructure and human resources in
Intellectual Property Office, creation of awareness regarding
IPRs and introducing IT enabled efficient systems has resulted
in a steady increase in the number of patent applications and
more importantly a sharp increase in number of the patents
granted. In a major effort to deal with this the government is
in the process of digitising all patents granted so far. The
digitised record will be available to the public by early next
FICCI has urged the government
to create a database covering provisional and complete
specifications, legal status of the patent application/patents,
data concerning the patent applications/patents which, the
industry body stated, is likely to complete by December 2008
thus making it available for online public access by January
2009. The task of digitizing on a fast track will be ensured by
appointing Nodal Officers.
A Working Group comprising
representatives from industry, legal experts and the office of
Controller General of Patents, Trade Marks and Designs would
also be set up by FICCI and the Department of Industrial Policy
and Promotion to suggest improvements in the working of
Intellectual Property (IP) offices with regard to IT enabling
and networking of operations and enhancing human resource
capabilities thus gearing the IP offices to meet the increasing
demands of trade and industry.
Several important milestones
have been achieved in the field of Intellectual Property rights
in India. The recognition of the Indian Patent Office as an
International Searching Authority (ISA) and International
Preliminary Examining Authority (IPEA) and the launch of
E-filing facilities for patent applications will join the
effort to digitize the patent records and this is not all. A
more ambitious second phase of modernization proposes procuring
international databases, establishing online processing of IP
applications, augmenting human resources particularly of patent
examiners and a sensitization programme which would cover all
major stakeholders including industry, academia, judiciary,
enforcement agencies, policy makers and State
Traditional Knowledge (TK) is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.
In a recent case titled as Bridgestone Corporation Vs. Tolin Tyres Pvt. Ltd., CS (COMM) No. 375/2016, the Defendant, Tolin Tyres, faced the ire of the Delhi High Court for taking a "blatantly false stand" by denying manufacturing and exporting of tyres under the impugned mark "Bridestone".
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
India’s obligations under the TRIPS Agreement for protection of trademarks, inter alia, include protection to distinguishing marks, recognition of service marks, indefinite periodical renewal of registration, abolition of compulsory licensing of trademarks, etc.
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