Patents (Amendments) Act, 2006

Changes to Trade Mark, Design & Copyright Laws

The main changes in the Trade Marks Act, 1996 are:

  • Relative grounds for refusal brought into line with Davidoff decision
  • Infringement provisions brought into line with Davidoff decision
  • Search & seizure powers have been widened in favour of proprietor
  • Equal treatment for WTO countries and nationals throughout Act
  • Deadline for filing appeal against Controller's decision now runs from date when grounds are made available rather than the date of the order

The main changes in the Industrial Designs Act, 2001 are:

  • Clarification that no infringement occurs (and no action for infringement taken) before the date of publication of design registration
  • Deadline for filing appeal against Controller's decision now runs from date when grounds are made available rather than the date of the order

The main changes in the Copyright and Related Rights Act, 2000 are:

  • Removal of three month time limit for the Controller to make a decision on referring a dispute to an arbitrator.
  • Clarification that the Controller cannot be awarded costs and cannot have costs awarded against him in court proceedings.

Last Updated :

Tuesday, January 22, 2008