Introduction Intellectual property rights (IPR) are the rights given to persons over the creations of their minds: inventions, literary and artistic works, and symbols, names and images used in commerce. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. These rights are outlined in Article... Continue Reading →

Introduction Sections 3 and 4 of the Indian Patents Act, 1970 specifically state exclusions to what can be patented in India. Our previous blog post has comprehensively explained what cannot be patented in India. That brings us to the question; what can be patented in India? At the outset, it has to be mentioned that the... Continue Reading →

Introduction At present, the products of intellectual creativity such as inventions, designs, know-how and artistic works serve an important role, and in order to promote such creative activity, inventions, industrial designs, literary and artistic works, layout-designs of integrated circuits, trade secrets and so on are given protection.Furthermore, trademarks and other such signs are also protected... Continue Reading →

Introduction The term “Assignee” refers to a person to whom some right, interest, or title to property is transferred. In Patent law, the term Assignment refers to transfer of patent rights and such transfer of patent rights is often permanent. According to Section 2 [Definitions and interpretation] of Indian Patent Act, the assignment of patent refers to the transfer... Continue Reading →

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure, signed on April 28, 1977, was amended on September 26, 1980. The Budapest Treaty eliminates the need to deposit microorganisms in each country where patent protection is sought. Under the treaty, the deposit of a microorganism with an... Continue Reading →

Introduction India has been a member of the WTO since January 1995 and also had been a member of the WTO’s forerunner General Agreement on Tariffs and Trade (GATT) since July 1948. As a developing country, India has played a significant role in the proceedings of the WTO, especially in voicing its own concerns and also of... Continue Reading →

Evolution of Copyright Laws in India The Copyright Law of India was enacted by the British colony and like most of the acts of that time; it was an imitation of the English law. The first copyright act of India was enacted in 1847, during the regime of East India Company. As per the act,... Continue Reading →

Introduction According to the Geographical Indications of Goods (Registration and Protection) Act, 1999, Section - 2, clause defines the term geographical indications, “geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a... Continue Reading →

Introduction According to the Design Act, 2000, Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined.... Continue Reading →