In today's globalised scenario of expanding multilateral
trade and commerce, it has become inevitable for any country to protect
its intellectual property by providing statutory rights to the creators
and inventors and thus help them fetch adequate commercial value for their
efforts in the world market.
This innovative and creative capacity is protected under
the intellectual property system of WTO. Recognising this fact, India
as a founder member of WTO has ratified the Agreement on Trade Related
Intellectual Property Rights (TRIPS). As per the agreement, all member
countries including India are to abide by the mutually negotiated norms
and standards within the stipulated timeframe. Accordingly, India has
set up an Intellectual Property Right (IPR) regime, which is WTO compatible
and is well established at all levels whether statutory, administrative
or judicial.
The Government has taken a comprehensive set of initiatives
to streamline the intellectual property administration in the country
in view of its strategic significance. In the Ministry of Commerce and
Industry, the office of the 'Controller General of Patents, Designs and
Trade Marks (CGPDTM)' has been set up under the Department of Industrial
Policy and Promotion.
It administers all matters relating to patents, designs,
trademarks and geographical indications and also directs and supervises
the functioning of :-
- The Patent Office (including Designs Wing)
- The Patent Information System (PIS)
- The Trade Marks Registry (TMR), and
- The Geographical Indications Registry (GIR)
Besides, a 'Copyright Office' has been set up in the Department
of Education of the Ministry of Human Resource Development, to provide
all facilities including registration of copyrights and its neighbouring
rights.
As far as issues relating to layout design of integrated
circuits are concerned, 'Department of Information Technology' in the
Ministry of Information Technology is the nodal organisation. While, 'Protection
of Plant Varieties and Farmers' Rights Authority' in Ministry of Agriculture
administers all measures and policies relating to plant varieties.
For complementing the administrative set up, several legislative
initiatives have been taken. It includes, the Trade Marks Act, 1999; the
Geographical Indications of Goods (Registration and Protection) Act 1999;
the Designs Act, 2000; the Patents Act, 1970 and its subsequent amendments
in 2002 and 2005; Indian Copyright Act, 1957 and its amendment Copyright
(Amendment) Act, 1999; Semiconductor Integrated Circuit Layout Design
Act, 2000; as well as the Protection of Plant varieties and Farmer's Rights
Act,2001.
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