Intellectual Property Rights
Indiaassociate's Intellectual Property Practice includes lawyers, patent and trade mark attorneys, and experienced consultants from science and information technology background. An extensive litigation practice group also supports IP Practice Group.
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Trade Marks |
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The Trade Mark Act 1999 and Trade Mark Rules 2002 govern the law relating to trade marks in India. The current law of trade marks is in harmony with Paris Convention for Protection of Industrial Property and TRIPS agreement. One of the major features of this amended Trade Mark law is that it recognises well known marks. registration of trade marks which are imitations of well known trade marks are not permitted. An application for registration of a trade mark can be filed at Registries located at Delhi, Mumbai, Chennai and Kolkatta based on terriotorial jurisdiction. In case of foreign applicants, their agent's address in India shall be considered for the purpose of jurisdiction. |
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Patents |
India is a member of WIPO, WTO, Paris convention, Patent Cooperation Treaty (PCT) and Budapest Treaty. The existing law governing the Patents in India are The Patents (Amendment)Act, 2005 and The Patents (Amendment) Rules, 2006. These amendedments have been made to fulfil the obligations under the TRIPS agreement. The salient features of these amendments are; introduced product patent protection in all fields of technology including drugs, food and chemicals; provisions for pre-grant and post-grant opposition;and rationalised the provisions relating to timelines with a view to minimise the processing time of patent application. Indian Patent Office receives three types of applications ie. i) National Applications ii) Convention Applications and iii) Patent Cooperation Treaty (PCT) Application.
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Copyrights |
India is a member of Berne Convention and Universal Copyright Convention. Any work published in any of these convention country shall be treated as if it was published in India. |
IPR Services |
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Trade Mark |
IPR Acts & Rules |
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Trade Mark Act &Rules |
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+ India and Japan agreement on mutual cooperation in IPR |
| IPR Links | |
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Wipo India IP Office USPTO Supreme Court of India |