Wednesday, September 24, 2008

Intellectual Property Laws in India: Long way to go






Intellectual property rights as a collective term includes the following independent IP rights which can be collectively used for protecting different aspects of an inventive work for multiple protection:-


1.Patents
2.Copyrights
3.Trademarks
4. Registered (industrial) design
5. Protection of IC layout design
6. Geographical indications Protection of undisclosed information

The advent of WTO and other international bodies that regulate transnational commerce, has put challenge before the developing countries like India in terms of policy making as well as enforcement. As a member of the WTO, India was bound to implement the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights). It is in discharge of this obligation that trademark, patent and copyright laws were amended, conforming to the provisions of the TRIPS Agreement. Although it can be understood that the global scenario forced India to fight the pressures from within and outside the country but in the changed scenario efforts should be such that the future is bright. At the moment the greatest cause of concern for India is that many of the popular trademarks are not registered and most inventions or designs are not patented. Inadequate laws and their brittle and stagnant existence may expose the Indian market to the exploitation by transnational corporate interests in the era of globalisation. Inadequacy of legal coverage and the inefficient administration leads to the crisis and make the Indian inventor, breeder and farmer helpless to the onslaught of transnational commercial oppression as transnational big-business interests may commercially exploit traditional knowledge and bio-diversity in the absence of strong laws and their enforcement. Many well-known brand names owned for decades by large business houses in India, can come under threat from new multinational entrants. This complacency can be gradually replaced by spreading awareness of intellectual property rights so that people should come up and assert their rights.




Some international organizations
World Intellectual Property Organisation (WIPO) : www.wipo.int/
World Trade Organisation (WTO): http://www.wto.org/
Multilateral agreements text of WTO
TRIPS Agreement
TRIMs Agreement

Intellectual Property Laws India
- International Copyright Order, 1991
-Trade Marks
The Trade and Merchandise Marks Act No. 43, October 1958, as amended.
The Trade and Merchandise Marks Rules 1959.
The Trade Marks Act No. 47 of 1999, in force from September 2003 Trade Marks Act, 1999
http://www.nipo.in/iplaws5.htm
The Patents Act 1970
The Patents (Amendment) Act 1999, 26 March 1999
The Patents (Amendment) Act 2002, 25 June 2002
The Patents (Amendment) Act 2005
The Patents Rules 2003 English Hindi
The Patents (Amendment) Rules 2005, dated 28-12-2004 (SO No. 1418 (E) English Hindi
The Patents (Amendment) Rules 2006, dated 05-05-2006 (SO NO. 657 (E)
Designs Act, 2000

Monday, September 22, 2008

Enforcement of law is more vital issue than making it






Are these reaching for whom they have been made? Do they know what are these?
Bonded Labour System (Abolition) Act, 1976
Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
Building and Other Construction Workers Welfare Cess Act, 1996
The Child Labour (Prohibition and Regulation) Act, 1986
Contract Labour (Regulation and Abolition) Act, 1970
The Dangerous Machines (Regulation) Act, 1983
The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
Employees Provident Fund and Miscellaneous Provisions Act, 1952
Employees State Insurance Act, 1948
Employers Liability Act, 1938
Equal Remuneration Act,1976
Factories Act, 1948
Indian Dock Labourers Act, 1934
The Industrial Disputes Act, 1947
The Industrial Disputes (Banking and Insurance Companies) Act, 1949
The Industrial Disputes (Banking Companies) Decision Act, 1955
The Industries (Development And Regulation) Act, 1951
Industrial Employment (Standing Orders) Act, 1946
Labour Law (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishment) Act, 1988
The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969
The Maharashtra Recognition of Trade Union and Prevention Of Unfair Labour Practices Act, 1971
The Maternity Benefits Act, 1961
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
The Payment of Gratuity Act, 1972
The Payment of Wages Act, 1936
Personal Injuries (Emergency Provisions) Act, 1962
The Plantation Labour Act, 1951
The Public Servants (Inquiries) Act, 1850
Sale Promotion Employees (Conditions of Service) Act, 1976
The Trade Unions Act, 1926
The Weekly Holidays Act, 1942
Workmen's Compensation Act, 1923
???????? Then what is the use of such laws??????????????
We should come up...... join hands and make them aware and spread education & awareness among all. Legal education is important for happy life free from exploitation!!!!!!!!!!!!!!!!!