How To Register Intellectual Property Rights In India
The pct application has to be filed through the indian patent office which is a nodal agency under pct.
How to register intellectual property rights in india. In case no opposition proceedings against the said trademark has been initiated or where an opposition against the said trademark was filed but was decided in favor of the applicant thereafter the trademark will be registered for a period of 10 years from the date of filing of the application in india and the certificate of registration will be issued. A foreign national resident can also apply and obtain a patent in india. Patent application may also be made jointly by two or more corporations as assignees. Engagement with india on intellectual property rights ipr continues primarily through the trade policy forum s working group on intellectual property. The application for a patent can be made by either.
Intellectual property rights in india. For patent licensing in india it is necessary for the license to be reduced in writing. How to register a trademark in india. 5 the duration of registration of chip layout design is for a period of 10. I the inventor or ii the assignee or legal representative of the inventor.
Steps to register for efiling. Intellectual property rights are legal rights governing the use of creations of the human mind. An owner of intellectual property ip can grant another person the right or permission to make use or sell property or items embodying or covered by this ip by means of a contractual license. The understanding of intellectual property has evolved with time in india. In 2016 india released its comprehensive national ip policy with its primary focus being on awareness and building administrative capacity.
The recognition and protection of these rights is of recent origin. This is the reason why the past decade has seen so much growth in legal understanding around the topic of ip. The trade related aspects of intellectual property rights trips agreement has defined the geographical indications rights as the exclusionary rights for the indicator which identify the goods originated within the member nations territories or area or region of that territory where the reputation or other attributes of the goods is. Procure a class iii or ii digital signature from any of the indian certifying authorities and install the same on your computer. The conception of intellectual property and rights associated therein is now seen from the perspective of intangible assets.
India grants patent rights on a first to apply basis. Download and install the signing component as per the instructions given in the digital signature manual. Hons fca acs aicwa ll b dip ifr uk mba mobile 91 98200 61049 91 93230 61049 fax 91 22 26765579. To secure international protection of your invention in new goods or an industrial process now international patent application can be filed in any other country within 12 months of filing it in india.