Intellectual property in India

Intellectual property in India refers to the patents, copyrights and other intangible assets in India.

Government Policy

Indian government approved its first Intellectual Property Rights Policy in May 2016.[1]

Laws

Copyrights

The "Copyright Act, 1957" (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India.[2] The history of copyright law in India can be traced back to its colonial era under the British Empire.[3] The Copyright Act, 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.[4] The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.[5]

Trademarks

"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.[6] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.

Authority

The Indian Patent Office is administered by the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). This is a subordinate office of the Government of India and administers the Indian law of Patents, Designs and Trade Marks.

References

  1. ↑ "Cabinet approves Intellectual Property Rights policy", The Hindu, 13 May 2016
  2. ↑ http://copyright.gov.in/
  3. ↑ Arul George Scaria, Piracy in the Indian Film Industry: Copyright and Cultural Consonance (Cambridge University Press 2014) 47-53
  4. ↑ Jatindra Kumar Das, Law of Copyright (PHI Learning Private Ltd. 2015) 88
  5. ↑ http://www.wipo.int/wipolex/en/details.jsp?id=13230 (WIPO Lex)
  6. ↑ Narayanan, P. (2004). Law of Trade Marks and Passing off (6th ed.). Kolkata: Eastern Law House. p. 3. ISBN 9788171772322.


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