On December 26 2004, Indian Goverment issused the Patent ordinance to amend the Patent Act and to comply with the TRIPS directions.

Highlights of the New Act:

1. Patentability;
   The amended act allows new molecular entites to qualify for patent protection.
2. Pre and Post grant opposition :
   Pre grant opposition allows for oral hearings . Opposition may be filed any time after the date of Publication .The Post grant opposition proceedings have been limited to a period of one year after the grant of the Patent.
3. Product Patent now included with Process Patent
4. Term of every patent which is enforce has now become for 20 years from date of filing.
5. Parallel Importation is now permittied.
6. Domestic companies can research and conduct process on products that have patented before the expiry of the patent term without infringing the patent.

Patents Act (Amendment) 2002.

Trade Marks Act 1999.

Geographical Indications Act 1999 .

Designs Act 2000:is to protect the design element of industrial production such as shape, pattern configuration ,orament.

The Semiconductor Integrated Circuits Layout Design Act 2000 .

The Protectionof Plant Varieties and Farmers Rights Act 2001.

Copyright Act 1999 which complies with TRIPs.India is signatory to the Berne Convention which insures iIndian authors work copyrighted in all member countries without needing to register in those countries.

Q1:What are different types of IPR?
A1: Patents for new or improved products and processes in scientific fields eg.biotechnology,etc.

Trade Marks for words ,symbols,pictures to distinguish form one trader to another.

Designs for the shapeor appearance of manufacture goods.

Copyright for original material in literary,artistic,dramatic.

Plant breeder Rights for new plant variety.

Q2: Under the current law what is patentable in India?

A2: All new products/processes involving inventive step and capable of industrial application in any or every field of technology.

Q3: Does grant of a patent in one country affects its grant or refusal in another country?

A3:Each country is free to grant or refuse a patent on the basics of scrutiny by its patent office.

Q4:What is Parallel Importation?

A4:Parallel goods are trademarked or patented goods that are sold by the right owner in one country but are exported by the purchaser to another country without the consent of the partent holder in that country.

Q5: What is the role of WIPO(World Intellectual property Organization) ?

A5:WIPO is an intergovermental organization with headquarters in Geneva.It has 181 member countries with India becoming member in 1998.

• Providing technical assistance to the developing world.
• Facilitating the innovator in obtaining patents ,trademarks for which protection in several countries is desired.
• Assembling and then disseminating IPR.