PRESS NOTE
The Government of
India has notified September 15, 2003 as the date for bringing
into force the Trade Marks Act, 1999 and the Geographical Indications
of Goods (Registration and Protection) Act, 1999 along with the
setting up of the Intellectual Property Appellate Board in Chennai.
The government has
appointed retired Justice Shri S.Jagadeesan of Madras High Court
as Chairman of the newly constituted Intellectual Property Appellate
Board. The Vice-Chairman of the Board is Dr.Raghbir Singh, former
Secretary, National Commission to Review the Working of the Constitution.
The Board also consists of a Technical Member, namely, Shri T.R.Subramanian,
former Joint Registrar of Trade Marks. Benches of the Appellate
Board shall also sit in Ahmedabad, Delhi, Mumbai and Kolkata,
in addition to Chennai.
The Trade Marks Act,
1999 was passed by the Parliament in 1999 and the Trade Marks
Rules, 2002 were notified on February 26, 2002. The salient features
of the new Act are providing for registration of trademarks, provision
of single register, provision for registration of collective marks,
provision for an Appellate Board for speedy disposal of appeals
and for rectification of applications, and simplification of procedures
for registration.
The Geographical
Indications of Goods (Registration and Protections) Act, 1999
was passed by the Parliament in December 1999 and the Geographical
Indications of Goods (Registration and Protection) Rules, 2002
were notified on 8th March 2002. This Act for the first
time in India provides for registration and better protection
of geographical indications in relation to goods. The new Geographical
Indications Registry has been set up in Chennai.
With the bringing
into force of the two new legislations, Indian law of Trade Marks,
as well as Geographical Indications of Goods is fully compatible
with the Agreement on Trade Related Aspects of Intellectual Property
Rights (TRIPS Agreement).