THE BACKGROUND OF CONSTITUTING “INTELLECTUAL PROPERTY APPELLATE BOARD
(IPAB)” IN INDIA
The capital
and labour forces were the main force of Commerce and Industry since the
inception of internet technology. From the end of the 20th century, the
knowledge and technology became the main factor of industrial development.
Technology oriented manufacturing process replaced the labour intensive
production method. The new mechanized process cut the production cost
substantially. Thus the industry began to create a huge amount of wealth asset
and the accumulated assets were invested to generate new products to bring the
happiness and comfort in the life of human being. The neo liberal economy
created an environment of speedy research and development works. The technology
becomes a buzz word of the present society.
At the same
time, the instant communications pose a threat to the new invention. The new
technology developed by one company can be accessed by its competitors within a
few hours through instant communication facility and mobile workforce. Another
factor is the modern industries are getting easy access to the traditional
knowledge of a geographical region. Therefore, the industries and various
countries demand the protection of the new invention and traditional knowledge
of geographical region.
After
several round of negotiations, the world community formulated a guidelines to
protect the new invention and traditional knowledge. Most of the World Trade
Organization (WTO) countries agreed to modify the laws and enforce new laws in
the following areas of intellectual property:
·
Patents
·
Copyright and Related Rights
·
Trade Marks
·
Geographical Indication
·
Industrial Designs
·
Layout Designs of Integrated Circuits
·
Trade Secrets
The rich heritage
of India and a huge number of intelligent workforces are the great assets of
Indian economy. In this hour, India felt the need a stringent patent law to
protect its traditional knowledge and technology. Considering it, Government of
India amended the “Patents Act 1970”, “Designs Act 1911”, “Trade and
Merchandise Act 1958”, “Copyright Act 1957” according to the guidelines of the
World Trade Organization. The Government also enacted new laws like
“Semiconductor Integrated Circuit Layout Design Act 2000” and “Geographical
Indication of Goods (Registration and Protection) Act 1999 to protect the
traditional knowledge”.
The new
laws open the gate of huge amount of patent and copyright litigations. On the
other hand, many national and trans-national Companies file applications to
obtain the patents of their products from India. To meet this challenge,
Government of India’s Ministry of Commerce and Industry constituted
“Intellectual Property Appellate Board (IPAB)” on 15th September, 2003 for the
speedy disposal of Patent and Copyright applications. The Board was also
empowered the revocation of patent, cancel the trademark and taking decisions
on the matters arising out of Geographical Indications.If you want to manage
the portfolio services then contact Lex Protector, we provide IP
Portfolio Management services in Bangalore.
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