Country Reports March 2013

Period of Report: March 2013

In November 2012 India saw a landmark public health decision on the evolving role of intellectual property rights in the context of the public interest. The country’s Intellectual Property Appellate Board (IPAB) revoked a patent granted in India to F. Hoffmann-La Roche AG (Roche) for pegylated interferon alfa-2a (Pegasys), a medicine used to treat Hepatitis C citing obviousness.

Country Reports October 2012

Period of Report: October 2012

The Union Cabinet had approved the ratification of the Nagoya Protocol on Access and Benefit Sharing, which India had signed on 11 May 2011. The Copyright (Amendment) Act 2012 has come into force after the official government notification on June 12, 2012. The Ministry of Human Resource Development has also framed the draft Copyright Amendments Rules, 2012.

Country Reports March 2012

Period of Report: March 2012

The Government has decided to amend the Trade Marks Rules, 2002 for making e-filing of trademark applications mandatory. The draft rules were notified in the Gazette of India on October 13, 2011and were made available to public for comments. In the month of February 2012, the Office of Controller General of Patents, Designs and Trade Marks, India published

Country Reports September 2011

Period of Report: September 2011

The Indian Patent Office released draft amendment to the Patent Rules on March 8, 2011. The Draft amendment is directed to number of changes which includes e-filing of patent applications and related forms, assistance in E-filing to those for whom E-filing is not convenient, the format of applications to be submitted, provisions relating to sequence listing.

Country Reports March 2011

Period of Report: March 2011

The Trade Marks Rules, 2002 was further amended and is called the Trade Marks (Second Amendment) Rules, 2010. In furtherance to which: India has added 3 more classes (Classes 43 – 45) of services to the classification of services for the purpose of registration of service marks. The Indian Trade Marks Registry issued a public notice dated 13/01/2011.

Country Reports September 2010

Period of Report: September 2010

The Ministry of Commerce and Industry issued a new notification regarding preliminary draft of the Patents (Appeals and Applications to the Intellectual Property Appellate Board) Rules, 2010. The draft rules are meant to address, procedural provisions regarding appeals, applications, condonation of delay in filing appeal and fees etc.[Copy of Draft rules enclosed]

Country Reports April 2010

Period of Report: April 2010

The Copyright (Amendment) Bill, 2010, was introduced in the Rajya Sabha on April 19, 2010. The Bill proposes to make the Director and the Producer the joint copyright owner of any cinematographic work and to ensure that film song lyricists, composers and screenplay writers get their rights on royalty. The Indian Patent Office has now made available online.

Country Reports October 2009

Period of Report: October 2009

India during the preparation talks being held in December 2009 at Bonn for the Copenhagen meet on climate change says that it will not allow International Community to check on its measures to combat climate change unless the developed nations provide adequate financial aid and also facilitate transfer of green technology. 

Country Reports April 10, 2009

Period of Report: April 2009

The Government has decided to bring in a comprehensive legislation by way of ‘India Innovation Act’ to give a fillip to research and innovation and position India as a leader in the 21st century. The Department of Science and Technology (DST) has circulated a copy of this proposed Act and has asked for comments.

Country Reports November 27, 2008

Period of Report: November 2008

Indian Government is working on a new detailed Manual for processing applications for Patent rights and has conducted Stakeholders meeting in various cities to receive comments before finalizing the same. Indian Patent Office is planning to computerize all Patent records before January 2009. Effective January 2008, Indian Patent Office has been recognized.

Country Reports November 16, 2007

Period of Report: November 2007

The Trademark (Amendment) Bill 2007 was introduced in Parliament on 23 August 2007. This Bill contains provisions for India to accede to the Madrid Protocol. India as a part of National Biotechnological Development Strategy is set to introduce a ‘Cost Sharing Scheme’ that allows Industry to retain Intellectual Property. In this regard, Department of Biotechnology has drafted.

Country Reports April 05, 2007

Period of Report: April 2007

India’s Union Cabinet approved on February 8, 2007, the country’s accession to Madrid Protocol. The government would shortly amend the Indian Trademarks Act of 1999 to enable India’s accession to the Protocol. The Government has appointed Mr. S. Chandrasekaran as the Technical Member (Patents) of the Intellectual Property Appellate Board, Chennai.

Country Reports March 22, 2006

Period of Report: March 2006

The Government of India has announced its plan to set up a dedicated Patent Tribunal – Intellectual Property Appellant Board (IPAB), in Chennai to deal with IPR cases. The IPAB would sit at Chennai and will be chaired by a High Court Judge selected by the Supreme Court and the Government is also planning to have IPABs in Delhi and Mumbai for smooth disposal of IPR cases.

Country Reports November 07, 2005

Period of Report: November 2005

The Patents (Amendment) Ordinance, 2004 amended Section 3 (d) and substituted the words ‘new use’ with the words ‘mere new use’ of the known substance. The Patents (Amendment) Act, 2005 reverted to ‘new use’ from ‘mere new use’ of the known substance. Section 3(d) provides for that mere discovery of a new form of a known substance which does not result in the enhancement.

Country Reports October 20, 2005

Period of Report: October 2005

Patent (Amendment) Ordinance 2004 was replaced by the Patent (Amendment) Act 2005 on 4th Day of April 2005. The significant difference is that the present Act reverts back to the original position on Software Patents. (The Act now excludes computer program “per se” from patentability). India and the United States have signed an agreement on October 17, 2005.

Country Reports March, 2005

Period of Report: March 2005

In consonance with TRIPS, India has promulgated the Patents Amendments Ordinance, 2004. This Ordinance will be valid for a period of 6 months, within which time both the houses of the Parliament of India will need to pass a bill to confirm the amendment. The Patents Amendments Ordinance will be debated during the Winter Session of the Parliament.

Country Reports January 2005

Period of Report: January 2005

The Patents (Amendment) Ordinance, 2004 was promulgated by the President of India as Order No: 7 of 2004. With this, the Indian government has met the deadline for complying with India’s obligation under the TRIPS on Patent law by extending product patents to pharmaceutical, food and chemicals. Rules for operation of product patents would be notified soon on the basis of the ordinance.

Country Reports October 29, 2004

Period of Report: October 2004

In order to meet its WTO commitments of having a patent regime in place by January 1, 2005 wherein India has to move from the process patent to product patent regime, India is to introduce the Patents (third amendment) Bill. The Bill has been cleared by the Group of Ministers (GoM) set up to look into the amendments to the Patent Act on Monday 25th October, 2004

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