RECENT DEVELOPMENT IN THE FIELD OF IPR

RECENT DEVELOPMENT IN THE FIELD OF IPR 

Author:-  Shreya Singh, a 3rd year Student of Symbiosis Law School, Hyderabad  

Apart from the latest advancements, with the intention of ushering in progressive transformations towards a society characterized by a free-market ethos, the expeditious liberalization of global trade practices, and a steadfast display of allegiance to the World Trade Organization (WTO) through adherence to the Trade Related Intellectual Property Rights Agreement (TRIPS), the Government of India has undertaken a series of strategic initiatives aimed at aligning India's intellectual property (IP) legislation with globally recognized standards. In recent years, revisions and reissuances of regulations pertaining to all facets of IP have been effected, primarily in response to India's accession to the WTO. Presented below are some of the notable developments in India's IP legislation.

TRADE MARK

A trademark is like a special symbol that shows which company made a product or service and makes it different from what other companies offer. It helps you know where something comes from and what it's like The government of India replaced the Trade and Merchandise Marks Act, of 1958 with the Trade Marks Act, of 1999.

This was done to bring the Indian trademarks law in persistent with international practice.

These were the changes made:

• For the first time, service marks were introduced for protection, through registration.

• Shapes, Graphic Representations, and color combinations were included in the trademark definition.

• The trademark registry issued an order allowing alterations in the applications for trademark registration which included substantial alterations, which would not be allowed. Other alterations include clerical alteration which would be accepted by the registrar.

• The registration period was also increased from 7 to 10 years.

• The new law allowed, both registered and unregistered trademarks to be assigned with or without the goodwill of the business.

2. GEOGRAPHICAL INDICATION

   A geographical indication is a symbol used to link certain products with a specific place they come from. The product's quality is what tells you where it's from.

In 1999, India put into effect the Geographical Identification of Goods (Registration and Protection) Act, 1999. This law allows for the registration and better protection of geographical indications for products. It helps people easily recognize goods based on their quality, where they were made, how much there is, or other special traits.

For example, things like Darjeeling tea, Alphonso Mangoes, Basmati rice, Hyderabadi Grapes, and more are known for being really good and coming from a certain place. This makes them different from other products in the market and shows why it's important to protect them.

 

3. COPYRIGHT

Copyright law safeguards the original creations of individuals like authors, composers, artists, and those involved in significant cultural, film, recording, and broadcasting industries, as well as the computer and software sectors.

In India, copyright is regulated by the Copyright Act of 1957, along with the Copyright Rules of 2013. Over time, various changes and updates have been made. In 2012, amendments were introduced to align Indian copyright law with the WIPO World Intellectual Property Organization Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty. These changes introduced special provisions for fair use, accommodations for people with disabilities, author-friendly modifications, among other things, ensuring that fair usage remains relevant in the digital age.

In 2021, the Indian Government issued the Copyright (Amendment) Rules, updating the copyright rules from 2013. This was done to promote transparency and accountability. These new regulations aimed to address issues related to unallocated royalty funds and to promote the use of electronic and traceable payment methods in the collection and distribution of royalties.

4. PATENT

Patent Law protects the exclusive right of a patentee (patent holder) which enables him/her to obtain commercial benefits from his/her inventions. This right stops a person from manufacturing, using, or marketing the invention without the permission of the patent holder.

Important amendments have also been made to patent laws, under The Patent (Amendment) Rules, 2020 (Revised Rules 2020) which came into force on 20th October 2020. Before the 2020 Revised Rules, the patentees and licensees were supposed to submit statements of commercial working for each annum. The Revised Rules 2020 eased the filing of a statement of commercial working of a patented invention for every financial year as the income statements in India are generally generated for a financial year from 1st April to 31st March.

5. PROTECTION FOR PLANT VARIETIES AND RIGHTS OF FARMERS     ESTABLISHED

India, in giving effect to the provisions of the TRIPS Agreement, enacted the Protection of Plant Varieties and Farmers Rights Act, 2001, to provide for the establishment of an effective system for the protection of plant varieties. The 2001 Act recognizes and protects the rights of farmers for their contributions made in conserving, improving, and making available plant genetic resources for the development of new plant varieties. A variety that conforms to the criteria of novelty distinctiveness, uniformity, and sustainability is registerable under the law the 2001 act provides for a total of 18 years of protection for trees and vines and fifteen years for other plants.

6. NEW DESIGNS LAW

India enacted a separate law for the protection of copyrights in an industrial design. The Designs Act, of 2000 repealed the earlier Designs Act, of 1911. The new law protects proprietors of novel or original designs and enforces those rights against infringers. The new law incorporates the definition of the term "original" to specify what is a registrable design. In relation to a design, the term "original" includes designs, which though old in themselves, are new in their application. Any design which is new or original, not previously published in any country, whether India or outside India, and which is not contrary to public order or morality is registrable under the Act. The new Act amplified the definitions of "article" and "design" to bring them in conformity with internationally accepted definitions for providing wider protection. Designs do not need to be registered in more than one class, which was not the case under the earlier law. In view of India's accession to the Paris Convention and India being a signatory to the WTO, the right of priority has been extended to countries under the Paris Convention. The initial period for copyright in registered designs has been extended from 5 to 10 years. The new Act removes the earlier provisions regarding period of secrecy of the design for two years and enables the public to inspect any registered design during initial period of existence of the registration.

CONCLUSION 

In conclusion, recent developments in the realm of Intellectual Property Rights (IPR) in India have been marked by a resolute commitment to fostering a free-market society, hastening the liberalization of global trade practices, and demonstrating unwavering loyalty to the World Trade Organization (WTO) through adherence to the Trade Related Intellectual Property Rights Agreement (TRIPS). The Indian government's proactive stance has led to a series of strategic initiatives aimed at harmonizing the nation's intellectual property legislation with internationally recognized standards. These efforts encompass revisions and reissues of regulations across various aspects of IP, with a particular emphasis on aligning with WTO requirements.