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"Indian trademark law" statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. [9] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.
According to Section 60 of The Patents Act, 1970, an application for the restoration of the patent can be made by the patentee or their legal representative and the petition should be applied to the controller at the Indian Patent Office (IPO) within eighteen months from the date at which the patent ceases to have an effect. [20]
Patent Act and Patents Act (with their variations) are stock short titles used in Canada, India, Malaysia, New Zealand, the United Kingdom and the United States for legislation relating to patents. A Patent Act is a country's legislation that controls the use of patents , such as the Patentgesetz in Germany .
Patents Act: 1970: 39 State of Himachal Pradesh Act: 1970: 53 Medical Termination of Pregnancy Act: 1971: 34 Public Premises (Eviction of Unauthorised Occupants) Act: 1971: 40 Defence and Internal Security of India Act: 1971: 42 Emergency Risks (Goods) Insurance Act: 1971: 50 Emergency Risks (Under-Takings) insurance Act: 1971: 51
In the Indian Sub-continent, the Patents and Designs Act was enacted in 1911 mainly on the basis of the principles laid down in the Statute of Monopolies, Patents, Design and Trade Marks Act, 1883 and Patents and Designs Act, 1907. The Patents and Designs Act, 1911, is the main law in force in Bangladesh on patents and designs. [1] Since ...
The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain. This work is also in the public domain in the U.S.A. because it is an edict of a government , local or foreign.
Under the Indian Patent Act (1970), "inventions" are defined as a new product or process involving an inventive step and capable of industrial application. [7] Thus the patentability criteria largely involves novelty, inventive step and industrial application or usability of the invention.
The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain. This work is also in the public domain in the U.S.A. because it is an edict of a government , local or foreign.