- The TRIPS agreement of the WTO regime has brought about watershed changes in India’s intellectual property regime. India not only amended several laws to comply with TRIPS but also enacted new legislations as explained below:
- tents: Patent Act, 1972 was already in existence, however, the Patent (Amendment) Act, 2005 (in compliance with TRIPS) brought about several changes in the criteria for inventability, the pre-grant and post-grant objection procedure among other things. It also allowed patents on pharmaceuticals, food and agro-chemicals.
- Trademark Act, 1999 was enacted to provide legal protection to identifying marks used by companies to distinguish their products.
- Designs Act was enacted to protect industrial designs.
- Geographical Indications (Registration and Protection) Act was enacted to provide legal protection to geographical indications that signify the place or region of origin of a product.
- Amendments were made in copyright law to comply with TRIPS.
- India’s Copyright Act, 1957 is amended as Copyright Amendment Bill, 2012, in compliance with the “Internet Treaties” the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
- Marrakesh Treaty, formally the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities. India ratified the treaty on 24 July 2014 and was the first country to do so
“TRIPS have been a basis for relevant Indian legislations.” Comment in the light of adjustment India did to comply with TRIPS obligations.
