Discuss the Appeal Mechanism available in India in relation to IPRs.

 Discuss the Appeal Mechanism available in India in relation to IPRs.

 Introduction :

The tradition of scholarship and intellectual creativity in India goes back to a few millennia. Yet the concept of Intellectual Property Rights in the modern sense is rather new and would appear to have no cultural moorings or sanction in our country.

The first Indian statute on patents was passed in 1856 granting some exclusive rights to inventors for 14 years. It had to be re-enacted with some modification as the Act of 1859. It granted to inventors of ‘new manufacture’ exclusive rights to make, sell and use the invention in India, or to authorise some one to do so. Its scope was expanded to include designs, under ‘the new manufacture’ in the Patents and Designs Protection Act 1872.

The Indian Law to grant and regulate protection of intellectual property in variou fields of IP has now been aligned to the s requirements and provisions as visualised under the TRIPS Agreement of the WTO.

Appeal Mechanism

Discuss the Appeal Mechanism available in India in relation to IPRs.  In keeping with its status as a major, vibrant economy, and as an active contributor i the realm of knowledge and creativity, India, though a relatively late comer in the IP game, has strong IP Laws and effective enforcement of IPRs. All the Acts dealing with IP in its various forms are aligned to the TRIPS Agreement making appropriate use of flexibilities available under the TRIPS. They are fully alive to the role  in growth and development consistent with societal and environmental concerns.

Patents and industrial designs are required to be registered under the relevant Acts to claim any legal protection of IPRs. However, copyright and trademarks (in India) have no such requirement. Their registration is voluntary, but in case of legal disputes registration carries distinct advantages. As copying, counterfeiting and forgery have become easy and rampant and economic consequences of infringing a copyright or using a brand name (trademark) in an unfair way may be huge, it is advisable to get the copyright and trademark duly registered.

The provision of appeal against a decision/order of the highest controlling authority i only fair and necessary under a sound legal system. The appeal earlier used to lie with a High Court of appropriate jurisdiction. However, the domain of IP being highly specialised, which was often unfamiliar to a High Court judge, the need of a specialis member on the reviewing bench was always felt.

Further the disposal of an appeal in a High Court was time-consuming and involved high cost of litigation. Having regard to these considerations, the Trade Marks Act, 1999, established an Appellate Board (AB) having advocates who have been active in the field of Trade Marks for 10 years. A bench of the Appellate Board will consist of a Judicial Member and a Technical Member. The bench will sit at a place decided by the Central Government.

The Appellate Board for trade marks is also the appellate authority under the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2002. It is also the Appellate Board for geographical indications. The Technical Member of the AB for patents cases is a person experienced in patent law to consider appeals against the decision o Controller. He is a person who has been Controller, or has exercised his functions, fo 5 years, or he should be an Advocate practising law relating to patents and designs for 10 years.

Discuss the Appeal Mechanism available in India in relation to IPRs..

India has enacted the following IP Acts:

1. The Patents Act, 1970, as amended by the Patents (Amendment) Act, 1999, an the Patents (Amendment) Act, 2002

2. The Copyright Act, 1957 as amended in 1999

3. The Trade marks Act, 1999

4. The Designs Act, 2000

5. The Geographical Indications of Goods (Registration and Protection) Act, 1999

6. The Protection of Plant Varieties and Farmers Rights Act, 2001

7. Integrated Circuit Layout Designs Act, 2000

8. The Biological Diversity Act, 2002

Conclusion :

The law relating to property and intellectual property has similarities regarding the nature the mode of acquisition, the nature of rights conferred, the commercial exploitation of those rights, the enforcement of those rights and the remedies available against infringement of those rights. Property rights include not all a person’s right but only his corporeal property rights consisting of material things. But intellectual property is in the nature of intangible incorporeal property. The rights of intellectual property are created by statute.

The invention may relate to a new product or an improvement of an existing product or a new process of manufacturing an existing or a new product. The acquisition of the monopoly of intellectual property, the conditions to be satisfied for acquisition, its duration, the licensing of this monopoly rights or their assignment to others are strictly governed by the statutes.

Discuss the Appeal Mechanism available in India in relation to IPRs.  

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