Intellectual Property Rights Matters

Trademark, Copyright, and Patent filing before Registrar of Intellectual Property, Trade Mark, and It’s Passing Off and Criminal Cases for violations against valid Copyright from Trial Court to High Court and Appeals before Supreme Court of India.

Relentless globalization and the advent of multinationals with opening up of the Indian economy “Intellectual Capital” has become one of the key wealth drivers in the present international trade. India ratified the agreement for establishing the World Trade Organization (the “WTO”), which contains the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Indian Statutes, enforcement provisions, and methods of dispute resolution with respect to intellectual property (IP) protection are now fully TRIPS-compliant.

India has laws covering various areas of intellectual property such as Trade Marks, Patents Copyrights and Related Rights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Varieties, Information Technology, and Cybercrimes, Data Protection, etc.

Broadly, the following acts deal with the protection of intellectual property:

• The Patents Act, 1970 (as amended in 2005)
• The Copyright Act, 1957
• The Designs Act, 2000
• The Geographical Indications of Goods (Registration and Protection) Act, 1999
• The Semiconductor Integrated Circuits Layout Design Act, 2000
• The Protection of Plant Varieties and Farmers’ Right Act, 2001
• The Information Technology Act, 2000