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    Doing Business in India - An Overview
Intellectual Property Rights

Post Liberalization, much emphasis has been given to Intellectual Property Rights in India as they have an impact and influence the flow of Foreign Direct Investment. The various legislations enacted from time to time to afford intellectual protection are:

  • Indian Patents Act, 1970 as Amended by the Patents (Amendment Act) 1999
  • The Trademark and Merchandise Marks Act, 1999
  • Copyright Act, 1957 (to be amended by the Copyright Amendment Act 2000)
  • Designs Act, 2000
  • The Geographical Indications of Goods (Registration and Protection) Act, 1999
  • Remedies
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    Indian Patents Act, 1970 as Amended by the Patents (Amendment Act) 1999
    A Patent Application has to contain particulars with respect to the functioning of the process (i.e. the whole formula). Within 15 months of the filing of the Application, complete specifications with respect to the whole process have to be filed. The Patent Application should satisfy the following ingredients that would include Novelty, Utility, and Non-Obviousness.

    Usually a protection under the Patent Act is granted for a period of 14 years. However with respect to food and agriculture related products and drugs protection, it is granted for a term of 7 years. The term of protection may be extended for a further term on payment of annual renewal fees.
     
     
    The Trademark and Merchandise Marks Act, 1999
    The Protection of Trademarks has assumed great significance with the opening of the economy. The Trademark Act provides for protection of trademarks for a period of 10 years that may be extended for a further period of 10 years each.
     
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    Copyright Act, 1957 (to be amended by the Copyright Amendment Act 2000)
    Registration of copyright is not compulsory. Copyright registration is a prima -facie evidence of a copyright in a court of law. Application in this regard may be made to the Copyright office in New Delhi. In case of a brand name or logo that is to be registered as a Copyright, the Registrar asks for trademark registration before granting an approval of copyright.
     
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    Designs Act, 2000
    The Designs Act, 2000 has been enacted in order to keep pace with the changing times. The Designs Act, 2000 repeals the old Designs Act, 1911. The Design Act broadly covers registration of

    • Special Shape or Configuration
    • Special look which may have an aesthetic appeal.
    For a design to be registered, it should be new or original and not previously published. The Designs Act, 2000 provides for protection of copyright for a period of 10 years.
     
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    The Geographical Indications of Goods (Registration and Protection) Act, 1999
    The Act attempts to curb the misuse of geographical indication, thus preventing consumers from deception. The duration of registration is granted for a term of 10 years and can be renewed for a further period of 10 years.
     
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    Remedies
    In the event of infringement of any right with respect to an Intellectual Property, the following remedies are available:

    • Injunction
    • Damages
    • Confiscation of goods.
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