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CGPTM

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49 views5 pages

CGPTM

Uploaded by

raviteja sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 The CGPDTM reports to the Department of Industrial Policy and Promotion (DIPP) under the

Ministry of Commerce and Industry and has five main administrative sections:
 Patent Office
 Designs Registry
 Trademarks Registry
 Geographical indications Registry
 Rajiv Gandhi National Institute of Intellectual Property Management (NIIPM)Patent
Information System
Controller General of Patents, Designs, and Trade Marks
 The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) is
located at Mumbai.
 The Patent office –Head office-Kolkata Branch offices- Chennai, New
Delhi and Mumbai.
 The Trade Marks Registry is at Mumbai and branches -in Kolkata, Chennai, Ahmedabad and
New Delhi.
 The Offices of The Patent Information System (PIS) and Rajiv Gandhi National Institute of
Intellectual Property Management (RGNIIPM) are at Nagpur.
 The Controller General supervises the working of the Patents Act, 1970, as amended, the
Designs Act, 2000 and the Trade Marks Act, 1999 and also renders advice to the Government
on matters relating to these subjects.
 Geographical Indications Registry has been established in Chennai to administer the
Geographical Indications of Goods (Registration and Protection) Act, 1999 under the
CGPDTM
 The Design Office is in Kolkata in the Patent Office.
Territorial Jurisdiction of Appropriate Office for the Applicants

Office Territorial Jurisdiction

The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and


Patent Office
Chhattisgarh and the Union Territories of Daman and Diu & Dadra and
Mumbai
Nagar Haveli

Patent Office Branch, The States of Andhra Pradesh, Telangana Karnataka, Kerala, Tamil Nadu
Chennai and the Union Territories of Pondicherry and Lakshadweep.

Patent Office Branch,


New DelhPatent Office, The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab,
Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of
Patent office,Kolkata Chandigarh.
The rest of India.
LOCATION AND JURISDICTION
 Trade Marks Registry, Mumbai (Head Office)-Maharashtra, Madhya Pradesh and Goa
 Trade Marks Registry, Delhi- Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh,
Himachal Pradesh, Union Territory of Delhi and Chandigarh
 Trade Marks Registry, Kolkata- Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal,
Manipur, Mizoram, Meghalaya, Sikkim, Tripura and Union Territory of Nagaland,
Andamar & Nicobar Island.
 Trade Marks Registry, Ahmedabad- Gujarat and Rajasthan and Union Territory of
Damman, Diu, Dadra and Nagar Haveli
 Trade Marks Registry, Chennai- Andhra Pradesh, Telangana, Kerala, Tamil Nadu,
Karnataka and Union Territory of Pondicherry and Lakshadweep Island.

INDIAN LEGISLATIONS FOR PROTECTION OF IPRs

 After independence, govt. felt need for a more effective patent legislation
 Justice Rajgopal Ayengar & Bakshi Tek Chand committees
 Indian patents Act,1970 (enforced in 1972)
 After India’s membership to WTO (TRIPS Agreement) Indian patents Act,1970 was amended
in 1999, 2002, 2005-wef 1st Jan, 2005.

TRADE MARKS
No legislation on trade marks before 1940, but remedies were available under IPC,1860.
Trade marks act, 1940
Trade and Merchandise Marks Act, 1958 (w.e.f. 1959)-repealed

Trade Marks Act,1999 (w.e.f 2003)


Designs
Indian Patents &Designs Act,1911
Designs Act,2000-enforced in 2002 and corresponding Designs Rules, 2001 which came into
force on 11th May 2001.
The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and
Designs (Amendment) Rules 2014. The last amendment came into force from 30th December,
2014, which incorporates a new category of applicant as small entity in addition to natural
person.

Copy Rights
Indian copy Rights Act,1911
Copy Rights Act,1957 w.e.f 21-01-1958-amended subsequently in 1983, 84, 92, 94, 99 and
2012 to meet the national and international requirements. The 2012 amendment is to
comply with the Internet Treaties – the WIPO Copyright Treaty (WCT) and WIPO
Performances and Phonograms Treaty (WPPT).
-Under HRD, Copy Right Office
 The Geographical indications of goods (Registration& Protection) Act, 1999
 The protection of Plant varieties &farmers Act,2001
 Integrated Circuit Layout designs Act, 2000
 The Biological Diversity Act, 2002

Major International treaties on IPR


 The convention establishing the World Intellectual Property Organization.
 The Paris Convention for the protection of Industrial property.
 The Berne Convention for the Protection of Literary& Artistic works.
 The Patent Cooperation Treaty.
 The Geneva Convention for the protection of Producers for Phonograms
against Unauthorized duplication of their phonograms.
 The Budapest Treaty on International recognition of the deposit of
microorganisms for the purpose of patent procedure.
 The universal convention of Copyrights
 The Hague Agreement concerning the International Deposit of Industrial
Designs
 Madrid Protocol- Related to the International Registration of Marks.
 Washington treaty on intellectual property in respect of integrated
circuits.
 Nairobi treaty on the protection of the Olympic symbol.
 Marrakesh treaty to facilitate access to published works by visually
impaired persons and persons with print disabilities.

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