25th September 2003
INDIAN TRADEMARKS AND GEOGRAPHICAL INDICATIONS LAWS ENTER INTO FORCE
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he Indian laws on trademarks and geographical indications entered into force on 15 September as part of the country’s effort to bring its intellectual property laws in line with the WTO Agreement on Trade- related Aspects of Intellectual Property Rights (TRIPs). The Trademarks Act 1999, which consolidates and amends the Trade and Merchandising Marks Act 1958, introduces the new concepts of ’service marks’, i.e. a trademark for services, ‘collective marks’, which will allow associations to get registration for their marks, and ‘well known- trademarks’, which under specified criteria will receive higher levels of protection (irrespective of whether they are registered or used in India). The new Geographical Indications of Goods (Registration & Protection) Act 1999 provides for the registration and legal protection of geographical indications relating to goods in India. The Geographical Indications Registry, to be established in Chennai, is charged with administering the legislation. In addition, India has set up the Intellectual Property Appellate Board, also in Chennai, which will hear appeals from the decision of the Registrar.
“New IPR regulations come into force,” INDIATIMES, 16 September 2003; “The salient features of the Indian Trademarks Act 1999,” GBS, 22 September 2003.
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