Intellectual property in India refers to the patents, copyrights and other intangible assets in India.
India's colonial history has significantly influenced its intellectual property (IP) laws. During British rule, India adopted several legal frameworks based on British laws, including those related to intellectual property. The first copyright law in India, for example, was the Copyright Act of 1847, which was essentially an extension of the British Copyright Act of 1842.
After gaining independence in 1947,[1] India began to develop its own legal systems and policies, but the foundation laid during the colonial period continued to shape its approach to intellectual property.[2] The Indian Patent Act of 1970 and the Copyright Act of 1957, for example, were influenced by earlier British laws but were modified to suit India's socio-economic needs and priorities.
India's colonial history also influenced its approach to IP in terms of balancing the rights of creators with the needs of the public. The emphasis on access to knowledge and affordable medicines, for example, can be traced back to the colonial experience of dealing with monopolies and restrictive practices.[3]
Government Policy
editIndian government approved its first Intellectual Property Rights Policy in May 2016.[4]
Laws
editCopyrights
editThe "Copyright Act, 1957" (as amended by the Copyright Amendment Act 2012) governs the subject of copyright law in India.[5] The history of copyright law in India can be traced back to its colonial era under the British Empire.[6] The Copyright Act, 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.[7] The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012.[8]
Trademarks
edit"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.[9] 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.[10]
Patents
editThe Patents Act, 1970[11] was brought into force on 20 April 1972, and further amendments were carried in 1999, 2002 and 2005.[12] The Patent Rules, 2003 was introduced along with the Patent Act (amendment), 2002 on 20 May 2003,[13] and recent amendments were carried in 2016, and 2017. The Patents (Amendment) Rules 2016 mainly focused on expediting the grant process, benefits to startup, and increase in official fees.[14] Patent filing has increased drastically, with over 138,000 patents filed between 2015- 21, with over 85,000 filed in emerging technologies.[15]
Authority
editThe Intellectual Property India 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, Trade Marks and Geographical Indications.[16]
Economic Effects of Intellectual Property Reform
editThe economic effects of intellectual property reform in India is a complex subject area, and would require a separate detailed article. A beginning may be made by referring to Sunil Kanwar and Stefan Sperlich (2020),[17] who study the effect of intellectual property reform on technological advancement and productivity increases in manufacturing industry in the emerging market context of India.
References
edit- ^ "1947 Indian Independence Act". Archived from the original on 21 December 2023. Retrieved 18 February 2024.
- ^ Saikia, Nandita (17 February 2015). Art and Indian Copyright Law: A Statutory Reading. . p. 4.
- ^ 't Hoen, Ellen (1 April 2002). "TRIPS, Pharmaceutical Patents, and Access to Essential Medicines: A Long Way From Seattle to Doha". Chicago Journal of International Law. 3 (1). ISSN 1529-0816. Archived from the original on 18 February 2024. Retrieved 18 February 2024.
- ^ "Cabinet approves Intellectual Property Rights policy", The Hindu, 13 May 2016, archived from the original on 13 May 2016, retrieved 13 May 2016
- ^ "Copyright Office". Archived from the original on 13 June 2006. Retrieved 18 February 2024.
- ^ Arul George Scaria, Piracy in the Indian Film Industry: Copyright and Cultural Consonance (Cambridge University Press 2014) 47-53
- ^ Jatindra Kumar Das, Law of Copyright (PHI Learning Private Ltd. 2015) 88
- ^ http://www.wipo.int/wipolex/en/details.jsp?id=13230 Archived 4 March 2016 at the Wayback Machine (WIPO Lex)
- ^ Narayanan, P. (2004). Law of Trade Marks and Passing off (6th ed.). Kolkata: Eastern Law House. p. 3. ISBN 9788171772322.
- ^ "DIPP under Ministry of Commerce and Industry". Archived from the original on 30 July 2021. Retrieved 23 February 2019.
- ^ "History of Indian Patent System | About Us | Intellectual Property India | Government of India". www.ipindia.gov.in. Archived from the original on 29 September 2023. Retrieved 18 February 2024.
- ^ "AMMENDMENTS IN PATENT ACT- 1999,2002 AND 2005- OVERVIEW AND COMPARISON". PharmaTutor. Archived from the original on 26 December 2017. Retrieved 17 March 2019.
- ^ "WIPOLex". wipolex.wipo.int. Archived from the original on 2 February 2022. Retrieved 17 March 2019.
- ^ "The Patents (Amendment) Rules 2016" (PDF). Archived (PDF) from the original on 23 February 2019. Retrieved 17 March 2019.
- ^ "Economic Survey 2022-23" (PDF). Archived (PDF) from the original on 11 March 2023.
- ^ "About Us | Intellectual Property India". www.ipindia.nic.in. Archived from the original on 24 February 2019. Retrieved 23 February 2019.
- ^ Kanwar, Sunil & Stefan Sperlich, https://link.springer.com/article/10.1007/s00181-019-01707-3
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