IPR is a general term covering
patents, copyright, trademark, industrial designs, geographical
indications, protection of layout design of integrated
circuits and protection of undisclosed information (trade
secrets).
2. What are the legislation's
covering IPR's in India?
Patents: The Patents
Act,1970.The act was last amended in March 1999.
Design: The Designs Act, 1911. A new Design Act 2000
has been enacted superseding the earlier Designs Act
1911.
Trade Mark: The Trade and Merchandise Marks Act, 1958.
A new Trademarks Act, 1999 has been enacted superseding
the earlier Trade and Merchandise Marks Act, 1958. (Enforcement
pending)
Copyright: The Copyright Act, 1957 as amended in 1983,
1984 and 1992, 1994,1999 and the Copyright Rules, 1958.
Layout Design of Integrated Circuits: The Semiconductor
Integrated Circuit Layout Design Act 2000. (Enforcement
pending) Protection of Undisclosed Information: No exclusive
legislation exists but the matter would be generally
covered under the Contract Act, 1872.
Geographical Indications: The geographical Indication
of goods (Registration and Protection) Act 1999.(enforcement
pending).
3. Who are responsible
for administration of IPR's in the country?
Patents, designs, trademarks and geographical
indications are administered by the Controller General
of Patents, Designs and Trademarks which is under the
control of the Department of Industrial Policy and Promotion,
Ministry of Commerce and Industry. Copyright is under
the charge of the Ministry of Human Resource Development.
The Act on Layout Design of Integrated Circuits. Will
be implemented by the Ministry of Communication and
Information Technology.
