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History of Patent System in India
Patent system in India was first introduced by Britishers in 1856. This was later amended several times. The Indian Patents and Designs Act, 1911, (Act II of 1911) was first enacted under the management of Controller of Patents with a patent term of 14 years. The Patents Act in India was framed after Independence to fulfil the demand of industry and development of country on the basis of recommendations of the Justice Rajagopal Ayyangar Committee.
The Patents Act (Act 39 Of 1970) came into force on 20th April 1972. Initially, the Patent Act, 1970, provided a term of 7 years for pharmaceutical, agro chemical and food products and 16 years for other categories. Currently, with the Patents (Amendment) Act 2005 (Act 15 Of 2005) and the Patent Rules, 2003, India is granting patents for a term of 20 years from the date of filing and providing product patent as well for pharmaceuticals, agro chemicals and food products.
Current IP Laws in India
Copyright
- Copyright Act of 1957 (as amended in 2012)
- The Copyright Rules, 2013
Customs
- Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Designs
- The Designs Act, 2000
- The Design (Amendment) Rules, 2008
Geographical Indications
- Geographical Indications of Goods (Registration and Protection) Act, 1999
- Geographical Indications of Goods (Registration and Protection) Rules, 2002
Information Technology
- The Information Technology Act, 2000
- The Information Technology Rules, 2000
- Cyber Regulations Appellate Tribunal (Procedure) Rules, 2000
Patents
- The Patents Act, 1970
- The Patents (Amendment) Act, 1999
- The Patents (Amendment) Act, 2002
- The Patents (Amendment) Act, 2005
- The Patents Rules, 2003
- The Patents (Amendment) Rules, 2005
- The Patents (Amendment) Rules, 2006
Plant
- Plant Varieties Protection and Farmers' Rights Act, 2001
Semiconductor and Circuits
- Semiconductor Integrated Circuits Layout Design Act 2000
- Rules for the Semiconductor Integrated Circuits Layout Design Act 2000
Trademarks
- The Trade Marks Act, 1999
- The Trade Marks Rules, 2002