News, Bulletin & Updates

WIPO and another organisation creations feww online music learning platform

The World Intellectual Property Organization (WIPO) and the Music Rights Awareness Foundation introduced CLIP (Creators Learn Intellectual Property), a free online platform designed to educate artists and musicians on intellectual property (IP) rights. The initiative aims to help creators navigate IP management, gain proper recognition, and receive fair compensation, particularly in the digital landscape. WIPO Director General Daren Tang highlighted the significance of equipping creators with the knowledge to turn their artistic talent into a sustainable career.

India in top 10 globally in IP filings

India has secured a spot among the top 10 global leaders in intellectual property (IP) filings, according to WIPO's World Intellectual Property Indicators 2024 report. With 64,480 patent applications in 2023, India recorded the highest growth (+15.7%) among the top 20 countries, marking its fifth consecutive year of double-digit growth. For the first time, resident filings (55.2%) surpassed non-resident ones. The patent office also saw a 149.4% surge in granted patents, underscoring India's rapidly expanding IP landscape.

GI tag to Kachchhi Kharek

The Controller General of Patents, Designs and Trade Marks (CGPDT) of India awarded a Geographical Indication (GI) tag to Kachchhi Kharek, the second fruit from Gujarat to receive this distinction after Gir Kesar mango. This GI recognition will help preserve the distinctiveness of Kachchhi Kharek, an indigenous date variety from Kutch region of Gujarat, and thereby will  enhance its global visibility.

Multiple works enter public domain in U.S this year

As part of 2024 public domain day , numerous  works from 1928, along with sound recordings from 1923, have entered the public domain in the U.S. This includes iconic cultural pieces such as Lady Chatterley’s Lover by D.H. Lawrence, The Threepenny Opera by Bertolt Brecht, and Virginia Woolf’s Orlando. Notable films like the first “all-talking” picture and Disney’s Steamboat Willie also became public domain. These works are now free for all to use, share, and remix.

Ministry of Commerce and Industry introduces Draft Patent (Amendment) Rules, 2023.

The Indian Ministry of Commerce and Industry has released the Draft Patent (Amendment) Rules, 2023, seeking input from stakeholders on proposed changes. Key amendments include shortening the timeline for filing a Request for Examination (RFE) under Rule 24B(1), revising requirements for statements and undertakings related to foreign applications (Form 3) under Rules 12(2) and 12(5), updating information disclosure obligations under Rules 12(3) and 12(4), and modifying timelines for the opposition process under Rules 55 and 56. These changes aim to streamline patent procedures and enhance efficiency in the examination and opposition processes.

Cinematograph (Amendment) Bill, 2023 passed in both houses of Parliament

The Cinematograph (Amendment) Bill, 2023, set to replace the 1952 Act, has cleared both houses of Parliament and awaits formal notification. Aimed at modernizing film certification and censorship, it introduces strict measures against digital piracy. Sections 6AA and 6AB prohibit unauthorized recording in cinemas, while the bill holds intermediaries accountable for piracy on digital platforms. It also mandates nodal officers to handle takedown requests, ensuring better enforcement against copyright infringement.

Madras High Court sets up speacialised IP Division to handle IP cases

The Madras High Court has set up a specialized Intellectual Property Division (IP Division) to handle IP cases, becoming the second court in India to do so after the Delhi High Court. Announced through a gazette notification on April 5, 2023, following Galatea Limited v. Registrar General, the division will function under the Madras High Court Intellectual Property Rights Division Rules, 2022 (IPRD Rules, 2022). It will be overseen by a Single Judge Bench, while a Division Bench will handle appeals under Section 13 of the Indian Commercial Courts Act. Cases transferred from the defunct Intellectual Property Appellate Board (IPAB) will be heard without any fresh or additional fees.

Establishment of Intellectual Property Division 

The Delhi High Court has established Intellectual Property Division to deal with Intellectual Property Cases and would be governed by the IPD Delhi High Court Rules which are in the process of being framed.

After the announcement of The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, the Chief Justice, consequently, on the recommendations of the Committee constituted for the purpose, has established the Intellectual Property Division. The IPD of the Delhi High Court would deal with following matters: –

• All original proceedings and appellate proceedings including Writ Petitions (Civil), Civil Misc.(Mains), RFA, FAO etc.,relating to IPR disputes, except matters that are to be dealt with by a Division Bench.

• All fresh filings in the various IPR categories would also be dealt with by the IPD.

• IPR suits, revocation applications, cancellation applications, other original proceedings, appeals from the office of Registrar of TradeMarks, Controller of Patents, Copyright Registrar and all other proceedings which were hitherto maintainable before the IPAB, under the provisions of the Trade Marks Act,1999; Copyright Act, 1957; Patents Act, 1970; Designs Act, 2000; Geographical Indications of Goods (Registration and Protection) Act, 1999; Protection of Plant Varieties and Farmers’ Rights Act, 2001 and Semi conductor Act 2000.

India demands IPR waiver on Covid vaccines

At WTO's 12th ministerial conference (MC12), New Delhi,  India warned the developed world that any global deal on the response to the Covid-19 pandemic would be incomplete without an intellectual property rights (IPR) waiver for vaccines and other products.

Amidst this discussion, any move by the developed countries was opposed to dilute the proposed text on the issue, which is under negotiations and includes waiver of Trade-Related Aspects of Intellectual Property Rights (TRIPS) for these products. 

India and 64 developing members want TRIPS waiver to be part of the response.

Concerns raised over the 10% vaccine export clause at TRIPS meet 

In a meeting of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Council, China and the African Group, among the members of the World Trade Organization (WTO), raised concerns over the 10% export threshold for the vaccine exporters and the exclusion of therapeutics, diagnostics and transfer of technology. The meeting discussed a proposal floated by India, South Africa, the United States and The European Union, to wave the patents on Covid- 19 vaccines. However, before engaging in any substantive decision, the policies and documents were to be consulted internally. According to the proposal, developing countries which exported more than 10% of the world exports of covid- 19 vaccine doses in 2021, would not be eligible for the waiver. The proposed solution also limits the product scope to vaccines with a commitment to decide on the extension of the solution to therapeutics and diagnostics within six months from the date of the decision on vaccines. The proposal also allows eligible members to issue a single authorisation to use the subject matter of multiple patents, export the vaccines and supply to regional or international initiatives such as Covax. India and South Africa had in 2020 proposed a comprehensive waiver of certain provisions of copyrights, industrial designs, patents and protection of undisclosed information in the TRIPS agreement for available Covid-19 treatments, technology and vaccines to help countries fight the pandemic. The move is now sponsored by 65 WTO members including the 44 countries of the AfricanGroup.

World IP Day 2022- IP and Youth innovating for a Better Future

The World Intellectual Property Day is celebrated on 26th day of April every year. The member states of World Intellectual Property Organization (WIPO) in 2000 declared this day as world IP day to “raise awareness of how patents, copyright, trademarks and designs impact on daily life.” April 26th was chosen as the day to celebrate World Intellectual Property Day as it coincides with the date when the convention establishing the World Intellectual Property Organization came into effect in 1970.

The theme for the year 2022 was "IP and Youth innovating for a Better Future". The theme was decided keeping in mind how this could be an opportunity for young people to find out how IP rights can support their goals, help transform their ideas into reality, generate income, create jobs and make a positive impact on the world around them. With IP rights, young people have access to some of the key tools they need to advance their ambitions.

It is seen that Across the globe, young people are stepping up to innovation challenges, using their energy and ingenuity, their curiosity and creativity to steer a course towards a better future.

World Trade Organisation working on limited IPR waiver for Covid jabs

India and South Africa had in 2020 proposed a comprehensive waiver of certain provisions of copyrights, industrial designs, patents and protection of undisclosed information in the Trade-Related aspects of Intellectual Property Rights (TRIPS) agreement for available Covid-19 treatments, technology and vaccines to help countries fight the pandemic. The move is now sponsored by 65 WTO members. 

The World Trade Organization (WTO) is working on a 'compromise outcome' that includes a limited and conditional waiver from certain intellectual property rights just for Covid-19 vaccines for developing countries. Under the proposal, the waiver can only be availed of by developing countries that accounted for less than 10% of total global exports of Covid-19 vaccine doses in 2021. 

India seeks emergency meeting of WTO's General Council 

India has sought an emergency meeting of the General Council of the World Trade Organization (WTO) this month in Geneva to deliberate upon the world trade body's proposed response package, including patent waiver proposal, to deal with the pandemic amid rising coronavirus infections globally. General Council has the authority to act on behalf of the ministerial conference and it meets regularly once every two years. The general Council is imposed with the duties to carry out functions of WTO and it is highest decision making body for WTO.  

GI Tags By End of the year 2021

GI conveys an assurance of quality and distinctiveness which is essentially attributable to the fact of its origin in that defined geographical locality, region or country.  The tags are issued according to the Geographical Indication of Goods(Registration and Protection) Act, 1999. Between the Period from April 2021 to December 2021 India Assigned as many as 36 GI tags to various Products across the nation. Application were received under various category such as Agriculture, Handicraft, Manufactured products. Currently India has a total of 417 Registered GI tags. Few GIs registered this year are Sojat Mehndi  of Madhya Pradesh, Edayur Chilli  of Kerala, Mau Saree of Uttar Pradesh, Kanniyakumari Clove of Tamil Nadu, Mizo Ginger of Mizoram and many more. 

India and US look forward to Revive the Trade policy and discuss issues related to IPR 

The United States Trade Representative, Katherine Tai had visited India on the 22nd of November to meet with the Indian Government officials and stake holders at the Trade Policy Forum(TPF). Ms. Tai will meet  the Minister for Commerce and Industry, Piyush Goyal to discuss about deepening the trade and economic ties between India and the US. The trade policy forum will also address the concerns and difficulties such as filing registration, enforcement & Commercialization of IP rights in the US. 

Delhi High Court Proposes Draft Intellectual Property Rights Division Rules, 2021

The Delhi High Court has proposed the Draft Intellectual Property Rights Division Rules, 2021 and has requested the members of the Bar to send their comments or suggestions if any. This is a subsequent step taken by Delhi Court after the establishment of Intellectual property Division(IPD) in July of this year. 

Patent (Amendment) Rules, 2021 

Ministry of Commerce and Industry(Department for Promotion of Industry and Internal Trade) Notified through the official Gazette the enforcement of Patent (Amendment) Rules on 21st of September 2021. The Government by virtue of power given under section 159 of the Patent Act, 1970 made the amendment to the Patent (Amendment) Rules of 2003.