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Database updates
Acts
Patents (Amendment) Act, 2005
An Act further to amend the Patents Act, 1970. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
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Patents (Amendment) Ordinance, 2004
Promulgated by the President in the Fifty-fifth Year of the Republic of India. An Ordinance further to amend the Patents Act, 1970.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
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Biological Diversity Act, 2002
An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto. WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto; AND WHEREAS India is a party to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992; AND WHEREAS the said Convention came into force on the 29th December, 1993; AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological resources; AND WHEREAS the said Convention has the main objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of genetic resources; AND
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Patents (Amendment) Act, 2002
An Act further to amend the Patents Act, 1970
BE it enacted by Parliament in the Fifty-third year of the Republic of India as follows :-
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Protection Of Plant Varieties And Farmers' Rights Act, 2001
An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, to encourage the development of new varieties of plants;
WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties;
AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant breeders' rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties;
AND WHEREAS, such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and plant material to the farmers;
AND WHEREAS to give effect to the aforesaid objectives, it is necessary to undertake measures for
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Semiconductor Integrated Circuits Layout-Design Act, 2000
An Act to provide for the protection of semiconductor integrated circuits layout-designs and for matters connected therewith or incidental thereto. Whereas the Final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations done at Marrakesh on the 15th day of April, 1994 provides for establishment of the World Trade Organisation; and whereas the Agreement on Trade Related Aspects of Intellectual Property Rights is part of the said Final Act; And whereas the Government of India, having ratified the said Final Act, should, inter alia, make provisions for giving effect to section 6 in Part II of the Agreement on Trade Related Aspects of Intellectual Property Rights relating to Layout-Design (Topographies) of Integrated Circuits: Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--
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Designs Act, 2000
Act Objective: An Act to consolidate and amend the law relating to protection of designs.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-
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Trade Marks Act, 1999
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-
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Copyright (Amendment) Act, 1999
An Act further to amend the Copyright Act, 1957. Be it enacted by Parliament in the Fiftieth Year of the republic of India as follows:-
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Patents (Amendment) Act, 1999
An Act further to amend the Patents Act, 1970. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-
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Rules
Intellectual Property Appellate Board (Salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and members) Amendment Rules, 2007
Whereas, certain draft rules were published, in exercise of the powers conferre by Section 157 of the Trade Marks Act, 1999 (47 of 1999) read with Section 22 of the General clauses Act, 1897 (10 of 1897), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G. S. R. 13(E) dated 11th January, 2005 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days from the date on which copies of the Official Gazette containing the notification were made available to the public; And, whereas, the copies of the Official Gazette containing the aforesaid notification were made available to the public on 11th January, 2005; And, whereas, the objections and suggestions received from the public have been considered by the Central Government; Now, therefore, in exercise of the powers conferred by clause (xxix) of sub-section (2) of Section 157 of the Trade
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Designs Rules, 2001
In exercise of the powers conferred by sub-section (3) of section 1 of the Design Act, 2000 (16 of 2000), the Central Government hereby appoints the 11th day of May, 2001 as the date on which the said Act shall come into force. S.O.(E) whereas a draft of Design Rules was published as required by sub-section (3) of section 47 of the Design Act, 2000 (16 of 2000), by the notification of the Government of India, Ministry of Commerce and Industry No.S.O.1069 (E) dated 29th November, 2000 at pages 56 to 115 of the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) dated the 29th November, 2000;And whereas, objections and suggestions were invited till the 4th January, 2001 from all persons likely to be affected thereby; And whereas, the draft of the Design Rules was made available to the public on the 4th December, 2000 through the said Gazette dated November 29, 2000; And whereas, the objections and suggestions received from the public with respect to the said draft Rules
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Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
G.S.R. 331(E) - In exercise of the powers conferred by sub-section (1) of section 156 of the Customs Act, 1962 (52 of 1962), read with clauses (n) and (u) of sub- section (2) of section 11 of the said Act, the Central Government hereby makes the following rules, namely:-
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Intellectual Property Appellate Board (Group 'C'and Group 'D'Posts) Recruitment Rules, 2006
Whereas a draft of Intellectual Property Appellate Board(Group C and D Posts) rules, 2006 were published, as required under sub-section (1) of section 157 of the Trade Marks Act, 1999 (47 of 1999), vide notification of the Government of India, Ministry of Commerce and Industry number. G.S.R 281(E) dated the 10th May, 2006 published in the Gazette of India, Extraordinary Part II, section 3, sub-section (i) dated the 10th May, 2006. Whereas objections and suggestions were invited, within a period of forty-five days from the date on which the copies of the Official Gazette in which that notification was published were made available to the public, from all persons likely to be affected thereby. Whereas the draft of the Intellectual Property Appellate Board (Group C and D posts) Rules, 2006 was made available to the public on 10th May, 2006. And whereas no objections and suggestions have been received from the public with respect to said draft Rules. Now, therefore, in the excerise of the
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Patents (Amendment) Rules, 2006
WHEREAS a draft of certain rules further to amend the Patents Rules, 2003 was published in exercise of the power conferred by section 159 of the Patents Act, 1970 (39 of 1970) vide notification of the Government of India in Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide Number SO. 1844(E) dated the 30th December, 2005, in Part II section 3, sub-section (ii) of the Gazette of India, (Extraordinary) dated 30th December, 2005 for inviting objections and suggestions from persons likely to be affected thereby before expiry of a period of thirty days from the date on which copies of the Gazette containing the Notification were made available to the public; AND WHEREAS the copies of the Gazette containing the said Notification were made available to the public on 2nd January, 2006; AND WHEREAS objections and suggestions received from the public on the said draft rules have been considered by the Central Government; NOW,
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Patents (Second Amendment) Rules, 2005 (Draft)
The following draft of certain rules further to amend the Patents Rules, 2003 which the Central Government proposes to make in exercise of the power conferred by section 159 of the Patents Act, 1970 (39 of 1970) is hereby published, as required by sub-section (3) of the said section, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration on or after the expiry of a period of thirty days from the date of the Official Gazette, containing the notification, are made available to the public. Any objections or suggestions which may be received from any person with respect to the said draft before the expiry of the aforesaid period will be considered by the Central Government. Objections or suggestions, if any, may be sent to the Secretary to the Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), Udyog Bhavan, New Delhi-110011.
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Patents (Amendment) Rules, 2005
Whereas, the Central Government in exercise of the powers conferred by Section 159 of the Patents Act, 1970 (39 of 1970) framed the Patents Rules, 2003;
And whereas, the Central Government has decided to amend the Patents Act, 1970; And whereas, in view of the above, it has become necessary to update the Patents Rules, 2003 on the lines contained in the amendments to the Patents Act, 1970;
And whereas, the proviso to sub-section (3) of Section 159 of the Patents Act, 1970 as amended by the Patents (Amendment) Ordinance, 2004, empowers the Central Government to dispense with the requirement of previous publication of rules as required under the said sub-section (3) of Section 159;
And whereas, the Central Government is satisfied that circumstances exist which render it practically not possible to comply with the condition of previous publication; And whereas, the Central Government has decided to dispense with the requirement of previous publication of the following amendment rule
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Biological Diversity Rules, 2004
In exercise of the powers conferred by Section 62 of the Biological Diversity Act, 2002, and in supersession of the National Biodiversity Authority (salary, Allowances and conditions of service of Chairperson and other Members) Rules, 2003 except as respect to things done or omitted to be done before such supersession, the Central Government hereby makes the following rules namely :-
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Intellectual Property Appellate Board (Procedure) Rules, 2003
The following rules made by the Intellectual Property Appellate Board to regulate its procedure, in exercise of powers conferred upon it by section 92 of the Trade Marks Act, 1999 (47 of 1999), are hereby published for general information :-
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Intellectual Property Appellate Board (Salaries And Allowances Payable To, And Other Terms And Conditions Of Service Of Chairman, Vice-Chairman And Members) Rules, 2003
Whereas a draft of the Intellectual Property Appellate Board (Salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and Members) Rules, 2001 was published as required under sub-section (1) of section 157 of the Trade Marks Act, 1999 (47 of 1999), vide notification of the Govt. of India, Ministry of Commerce and Industry No. GSR 371 (E) dated the 18 th May, 2001 at pages 3 to 6 of the Gazette of India; Extraordinary Part II, section 3, sub-section (i) dated 18 th May, 2001; Whereas, objections and suggestions were invited within a period of forty-five days from the date of on which the copies of the Official Gazette in which that notification was published, were made available to the public from all persons likely to be affected thereby; Whereas, the draft of the Intellectual Property Appellate Board (Salaries and allowances payable to, and other terms and conditions of service of Chairman, Vice-Chairman and Members) Rules, 2001 was mad
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