September, 2010

Trademark protection is the need of the hour specially when the trade and investment is growing beyond the national boundaries in today's globalised world. It had been very difficult and costly affair to register trademark in each individual country but with the amendment of the Trademark Act as passed in both houses of the Indian Parliament, it seems that doing business in India and abroad with due protection of trademark will become much easier. The Trademarks (Amendment) Bill 2009 will enable implementation of the Madrid Protocol and thereby no separate registration of Trademark will be necessary in more than 80 countries who are the signatories to the Madrid Protocol of WIPO. In other words business entities and residents in any country including India who are the members of Madrid Protocol will be eligible to register its trademark in their respective countries of origin and get the full protection from any infringement in all the member countries. The Bill is awaiting the assent of the President of India and will become operative after it is signed by the President of India and duly notified in the Official Gazette.

Apart from trademark amendment, the Copyright Amendment Bill has also been placed before the Rajya Sabha on 9th April 2010 and has been referred to Parliamentary Select Committee consisting of 10 members for their consideration and opinion. The bill seeks to give independent rights to the lyricists, composers and singers as the authors of literary and musical works in films. It also talks about the payment of royalties to these professionals. The Bill also addresses the concerns of the music industry and joint ownership of the Producer and Director. Amendments are being made to bring the Act in conformity with the World Intellectual Property Organisation (WIPO) Internet treaties, namely WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) which have set the International Standards in these spheres.

The Indian IP laws have undergone several changes in the past few years in order to comply with the requirements and obligations under several International Treaties including World Trade Organisation (WTO) under TRIPS Agreement and under several Treaties signed with World Intellectual Property Organisation (WIPO). It is high time that Indian Business houses become more aware and alert about the rights and obligations about Intellectual Property Laws which alone can empower them to create Intellectual Property Assets and unlock the value of their intangibles.

ITAG is engaged and is fully dedicated to the cause of creating and protecting ideas and innovations by providing 'end to end' solution in all spheres of Intellectual Properties including Patent, Trademark, Designs, Copyrights and Trade Secrets. It has organised several workshops, seminars and conferences of International standards throughout the country and is organizing its next international conference in Singapore in January 2011 and on Intangible Valuation in Mumbai in the 1st week of December 2010. It is our earnest request to Business Community to come forward and take benefit of our expertise through our network of own offices throughout the country and in major cities in Asia Pacific.


- Dr. D. R. Agarwal