Counterfeit laws in India covers: copyright and related rights (i.e. the rights of a performer, producer of sound recording & broadcasting organisation); trademarks including service marks; geographical indications; industrial designs; patents ; layout designs of integrated circuits; and undisclosed information including trade secrets and test data. One of the important features of these laws is that the owner of the property may use his property as he wishes and that nobody else can use his property without his authorisation. Of course that right of the proprietor or owner has been limited by the laws. It relates to the creations of human mind and human intellect, this property is called Intellectual property. The property right does not vest in those copies but in the information reflected in those copies.

Types Of Intellectual Property In India

  1. THE PATENT ACT: http://www.wipo.int/edocs/lexdocs/laws/en/in/in065en.pdf
  2. TRADE MARKS ACT: http://www.ipindia.nic.in/writereaddata/Portal/IPOAct/1_43_1_trade-marks-act.pdf
  3. COPYRIGHT ACT: http://www.wipo.int/edocs/lexdocs/laws/en/in/in107en.pdf
  4. GEOGRAPHICAL INDICATION OF GOODS ACT: http://www.wipo.int/wipolex/en/text.jsp?file_id=128105
  5. DESIGN ACT: https://www.legalcrystal.com/act/50996/designs-act-2000-complete-act

When there are trade disputes over intellectual property rights, the WTO’s dispute settlement system is available. The agreement covers five broad issues:

  • How basic principles of the trading system and other international intellectual property agreements should be applied
  • How to give adequate protection to intellectual property rights
  • How countries should enforce those rights adequately in their own territories
  • How to settle disputes on intellectual property between members of the WTO
  • Special transitional arrangements during the period when the new system is being introduced

The role of IP as intangible property

  1. Economic rights of creators
  2. Commercial exploitation of owner of IP
  3. Capital expenditure
  4. Transfer of technology
  5. Cultural development

Why IP protection is given

  • Capital expenditure for new products
  • R and D
  • Marketing and advertisement
  • No free loaders
  • Maintaining loyal followers
  • Profit

Trademarks

India affords full protection to trade marks under the Trade Marks and Merchandise Act. The Indian law of trademarks is protected by the Trade & Merchandise Marks Act, 1958. A new statute i.e. the Trade Mark Act, 1999 has been enacted in India to bring it in conformity with the TRIPs Agreement, to which India is a signatory. Indian Trademarks Act, 1999, came into force on September 15, 2003. India has made a step towards fulfilling its international obligations. Consequently, the Indian trademark law has now become fully compatible with the International standards laid down in the TRIPs Agreement. The New Act primarily consolidates and amends the old Trade & Merchandise Marks Act, 1958 and provides for better protection of goods and services

Patents

As on date, India is fully in compliance with its international obligations under the TRIPs Agreement. The Patents Act 1970 has undergone three amendments – 1999, 2002 & 2005.

The III Amendment in 2005 has major implications on the following:

  • Introduction of product patent protection for food, pharmaceutical and chemical inventions.
  • Examination The “mail box” applications, from January 01, 2005

 Designs

The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 India had achieved a mature status in the field of industrial designs and in view of globalization of the economy. The present legislation is aligned in view of the changed technical and commercial scenario and made to conform to international trends in design administration.

Geographical Indications

India, as a member of the World Trade Organization, enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 has come into force with effect from 15th September 2003. The source of Geographical origin of the biological material used in invention is required to be disclosed in the specification

Copyrights

India has a very strong and comprehensive copyright law based on Indian Copyright Act. 1957 which was amended in 1981, 1984, 1992, 1994 and 1999 (w.e.f.January 15, 2000). The amendment in 1994 were a response to technological changes in the means of Communications like broadcasting and telecasting and the emergence of new technology like computer software.

The 1999 amendments have made the Copyright Act fully compatible with Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. & fully reflects Berne Convention. The amended law has made provisions for the first time, to protect performers’ rights as envisaged in the Rome Convention. With these amendments the Indian Copyright law has become one of the most modern copyright laws in the world.

 

Reference books:

  1. https://www.amazon.in/Patents-1970-alongwith-Rules-2003/dp/9385416006/ref=sr_1_2?ie=UTF8&qid=1521134049&sr=8-2&keywords=patent+act+bare+act
  2. https://www.amazon.in/Patents-Act-1970-EBC/dp/8170122465/ref=sr_1_1?ie=UTF8&qid=1521134121&sr=8-1&keywords=patent+act+of+india
  3. https://www.amazon.in/Trade-Marks-1999-Exhaustive-Case/dp/9350354918/ref=sr_1_2?ie=UTF8&qid=1521134295&sr=8-2&keywords=trademark+act
  4. https://www.amazon.in/Trade-Marks-1999-Rules-2017/dp/9386482312/ref=sr_1_1?ie=UTF8&qid=1521134295&sr=8-1&keywords=trademark+act
  5. https://www.amazon.in/Trade-Marks-Act-Notifications-Conventions/dp/935035084X/ref=sr_1_7?ie=UTF8&qid=1521134295&sr=8-7&keywords=trademark+act
  6. https://www.amazon.in/Concise-Commentary-Copyright-Act-1957/dp/9350355914/ref=sr_1_7?ie=UTF8&qid=1521134566&sr=8-7&keywords=copyright+act
  7. https://www.amazon.in/Geographical-Indications-Registration-Protection-alongwith/dp/9352471199/ref=sr_1_3?ie=UTF8&qid=1521135031&sr=8-3&keywords=GEOGRAPHICAL+INDICATION+OF+GOODS+ACT
  8. https://www.amazon.in/Made-Only-India-Geographical-Indications/dp/0815395930/ref=sr_1_fkmr1_1?ie=UTF8&qid=1521135031&sr=8-1-fkmr1&keywords=GEOGRAPHICAL+INDICATION+OF+GOODS+ACT
  9. https://www.amazon.in/Trade-Passing-Geographical-Indications-Procedure/dp/8174964002/ref=sr_1_fkmr1_2?ie=UTF8&qid=1521135031&sr=8-2-fkmr1&keywords=GEOGRAPHICAL+INDICATION+OF+GOODS+ACT
  10. https://www.amazon.in/Designs-2000-Along-Rules-2001/dp/B0768XNC68/ref=sr_1_2?ie=UTF8&qid=1521135149&sr=8-2&keywords=DESIGN++ACT
  11. https://www.amazon.in/Intellectual-Property-Rights-India-Volumes/dp/8180385191/ref=sr_1_13?ie=UTF8&qid=1521135259&sr=8-13&keywords=intellectual+property+right
  12. https://www.amazon.in/Intellectual-Property-Rights-India-Ahuja/dp/9351433889/ref=sr_1_3?ie=UTF8&qid=1521135259&sr=8-3&keywords=intellectual+property+right
  13. https://www.amazon.in/Relating-Intellectual-Property-Rights-Fourth/dp/9382676937/ref=sr_1_6?ie=UTF8&qid=1521135259&sr=8-6&keywords=intellectual+property+right
  14. https://www.amazon.in/INTELLECTUAL-PROPERTY-RIGHTS-UNLEASHING-KNOWLEDGE/dp/0070077177/ref=sr_1_8?ie=UTF8&qid=1521135259&sr=8-8&keywords=intellectual+property+right
  15. Image Source: thenational.ae