1. Trademark Rules, 2017 Notified
The Trademark Rules, 2002 were replaced by the Trademark Rules, 2017. The new rules, inter alia, provide for fewer forms for applications, incentivise e-filing as against physical filing, extend concessions to start-ups and individuals and lay down a process for determination of well-known marks.
2. Copyright Board Merged with Intellectual Property Appellate Board
In a dubious move, the Finance Act, 2017 was passed by the Parliament, by way of which, inter alia, the Copyright Board was merged with the Intellectual Property Appellate Board. The propriety of transferring the functions of Copyright Board to the IPAB through the backdoor mechanism of a money bill raised many eyebrows and was seen as a way to circumvent opposition from the Rajya Sabha. The Finance Act also provided for the promulgation of Rules, which laid down conditions related to the appointment and service terms of the members of various tribunals including the IPAB and the same in turn were notified on June 1, 2017. Immediately thereafter, the constitutionality of the Finance Act as well as the Rules were challenged in the Madras High Court, which ruled that all appointments to the 19 odd tribunals (under the purview of the impugned Finance Act and Rules) would be subject to the final order in the said challenge.
Copyright Board to be Taken Over by IPAB Under the Finance Bill, 2017 Passed by the Lok Sabha
3. Revised Guidelines for Computer Related Inventions Published
The Indian Patent Office, in their umpteenth flip-flop, revised the guidelines relating to Computer Related Inventions. The most notable revision was the omission of the requirement that patents for software could only be claimed in conjunction with novel hardware.
Patent Office Reboots CRI Guidelines Yet Again: Removes “novel hardware” Requirement
4. NOC Requirement for Registering or Releasing New Plant Varieties Removed
The PPVFR Authority did away with the long-standing requirement of breeders having to produce a ‘No-Objection-Certificate’ from the patentee of a particular GM trait, which is used by breeders while developing a new plant variety and which variety they seek to register under the PVPFRA.
NOC requirement for registering or releasing new plant varieties scrapped
5. Inter-Ministerial Group to Review Royalty Payment Outflows Formed by the Government
The Government, in order to check if its removal of restrictions on royalty payments by Indian companies to foreign collaborators is being misused by the foreign parent companies, formed an inter-ministerial group to examine the issue.
Government Forms Inter-Ministerial Group to Review Royalty Payment Outflows
The Office of the Controller General of Patents, Designs and Trade Marks issued an Office Memorandum directing its officers to desist from taking their personal grievances on other platforms like Ministry, grievance cell or using any other tool like RTI etc., without availing proper administrative remedy.
Controller General’s Office Directs Officers to Desist from Filing RTIs!!!
In an RTI reply, the Ministry of Finance re-iterated that the Modified Flexible Complementing Scheme is not applicable to patent office employees.
8. DIPP Signed a Deal with WIPO to Establish Technology and Innovation Support Centres in India
Department of Industrial Policy and Promotion (DIPP) signed a deal with the World Intellectual Property Organisation to establish Technology and Innovation Support Centres (TISC) in India.
DIPP forgets about NIIPM & Indian law firms, signs deal with WIPO
9. Initiatives Taken by the Office of the Controller General of Patents, Designs & Trademarks:
- Weekly Release of FER Data, Co-operation Agreement with WIPO on Data Sharing; and
- Issuance of Bilingual FERs and Automation of Process of Issuing Certificates
10. Initiatives Taken by the Copyright Office:
- Monthly Publication of List of Copyright Registration Applications Received and List of All Register Entries Made; and
- Publication of List of Applications in Respect of Which Submission of the Work/Documents Is Awaited
Copyright Office to Increase Stakeholder Participation and Transparency
Update: Two New Notifications Released by the Copyright Office