In this post we revisit the IP Updates ie., any amendments, ordinances, notifications, and other information related to IP published in the year 2021. For reader’s convenience it has been divided into parts, please find the link to the previous and next parts towards the end of this post.
COPYRIGHT, INFORMATION TECHNOLOGY AND ECOMMERCE GOVT. NOTIFICATIONS-2021
The Ministry of Commerce and Industry has issued a notification, through the Department for Promotion of Industry and Internal Trade (DPIIT), introducing the Copyright (Amendment) Rules, 2021, with effect from 30th March, 2021.
A copy of the rules may be accessed here.
Meity introduces the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
The Ministry of Electronics and Information Technology (MeitY) has issued a notification, introducing the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
A copy of the rules may be accessed here.
Meity announces Public Consultation for draft of the National Strategy on Blockchain
The Ministry of Electronics and Information Technology (MeitY) has recently published the draft National Strategy on Blockchain, in consultation with various stakeholders including academia, industry and government.
MeitY has now issued a notification calling for suggestions from the public with regard to the draft National Strategy on Blockchain.
A copy of the notification may be accessed here.
Link to the post: https:/ip-news-center/copyright-information-technology-and-ecommerce-govt-notifications-2021/ dated APRIL 8, 2021.
VITIATION OF IPAB – CHANGES UNDER THE TRADE MARKS ACT
The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under various acts, including the IPAB established under various Intellectual Property related laws in force.
Intellectual Property Appellate Board (IPAB) was constituted by a gazette notification of the Central government on 15 September 2003 to hear appeals against the decisions of Registrar under The Trademarks Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Act, 1999. The 2007 notifications issued by the Ministry of Commerce & Industry with respect to The Patents Act, 1970 transferred the Appellate power from High Courts to the IPAB. Later in 2017, The Finance Act as per sec 160(a) & 160(c) conferred on the IPAB the Appellate jurisdiction over the matters covered under The Copyright Act, 1957. Similar transitional provision was also invoked under sec 59 of The Protection of Plant Varieties and Farmers Act 2001, conferring the IPAB to exercise jurisdiction on appeals as per section 56 of the Act.
This post highlights the changes brought by The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 and its effect of the Trade Marks Act, 1999.
Link to the post: https:/ip-news-center/vitiation-of-ipab-changes-under-the-trade-marks-act/ dated APRIL 17, 2021.
VITIATION OF IPAB AND BEYOND – CHANGES TO THE INDIAN PATENTS ACT
The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under various acts, including the IPAB established under various Intellectual Property related laws in force.
Intellectual Property Appellate Board (IPAB) was constituted by a gazette notification of the Central government on 15 September 2003 to hear appeals against the decisions of Registrar under The Trademarks Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Act, 1999. The 2007 notifications issued by the Ministry of Commerce & Industry with respect to The Patents Act, 1970 transferred the Appellate power from High Courts to the IPAB. Later in 2017, The Finance Act as per sec 160(a) & 160(c) conferred on the IPAB the Appellate jurisdiction over the matters covered under The Copyright Act, 1957. Similar transitional provision was also invoked under sec 59 of The Protection of Plant Varieties and Farmers Act 2001, conferring the IPAB to exercise jurisdiction on appeals as per section 56 of the Act.
This post highlights the changes brought by The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 and its effect on the Patents Act, 1970.
Link to the post: https:/ip-news-center/vitiation-of-ipab-and-beyond-changes-to-the-indian-patents-act/ dated APRIL 18, 2021
PPVFR ACT AND POWERS OF HIGH COURT FOLLOWING THE END OF IPAB
The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under various acts, including the IPAB established under various Intellectual Property related laws in force.
Intellectual Property Appellate Board (IPAB) was constituted by a gazette notification of the Central government on 15 September 2003 to hear appeals against the decisions of Registrar under The Trademarks Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Act, 1999. The 2007 notifications issued by the Ministry of Commerce & Industry with respect to The Patents Act, 1970 transferred the Appellate power from High Courts to the IPAB. Later in 2017, The Finance Act as per sec 160(a) & 160(c) conferred on the IPAB the Appellate jurisdiction over the matters covered under The Copyright Act, 1957. Similar transitional provision was also invoked under sec 59 of The Protection of Plant Varieties and Farmers Act 2001, conferring the IPAB to exercise jurisdiction on appeals as per section 56 of the Act.
This post highlights the changes brought by The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 and its effect on the Protection of Plant Varieties and Farmers’ Right Act, 2001.
Link to the post: https:/ip-news-center/ppvfr-act-and-powers-of-high-court-following-the-end-of-ipab/ dated APRIL 18, 2021.
VITIATION OF IPAB AND BEYOND – GEOGRAPHICAL INDICATIONS
The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under various acts, including the IPAB established under various Intellectual Property related laws in force.
Intellectual Property Appellate Board (IPAB) was constituted by a gazette notification of the Central government on 15 September 2003 to hear appeals against the decisions of Registrar under The Trademarks Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Act, 1999. The 2007 notifications issued by the Ministry of Commerce & Industry with respect to The Patents Act, 1970 transferred the Appellate power from High Courts to the IPAB. Later in 2017, The Finance Act as per sec 160(a) & 160(c) conferred on the IPAB the Appellate jurisdiction over the matters covered under The Copyright Act, 1957. Similar transitional provision was also invoked under sec 59 of The Protection of Plant Varieties and Farmers Act 2001, conferring the IPAB to exercise jurisdiction on appeals as per section 56 of the Act.
This post highlights the changes brought by The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 and its effect on the Geographical Indication of Goods (Registration and Protection) Act, 1999.
Link to the post: https:/ip-news-center/vitiation-of-ipab-and-beyond-geographical-indications/ dated APRIL 17, 2021.
FREE MASTER CLASS ON IP FOR START UPS, ENTREPRENEURS AND SMES
BananaIP and NASSCOM have launched a first of its kind ‘Master Class on IP for Start Ups. The event is supported by India AI, Start Up Karnataka and IT-BT Department. The registration is now open, and any Start Up or Entrepreneur may register for free. You may view the registration details at this link
Why a Master Class?
Intellectual Property is today an important business tool for Start Ups. It helps them protect their creativity and innovation, and gain exclusivity in the marketplace to commercialize their ideas. Over the years, IP has proved to be extremely valuable in facing competition, enhancing valuation, and acquiring funding. Today, holding IP, especially patents, is given significant importance by investors, acquirers, competitors, and even the general public. If it has strong IP, a Start Up has a better chance of establishing itself in the market and growing.
Link to the post: https:/ip-news-center/free-master-class-on-ip-for-start-ups-entrepreneurs-and-smes/ dated MAY 21, 2021.
KALYAN C. KANKANALA DELIVERS A SESSION ON PATENT LICENSING TO STUDENTS AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE
Link to the PPT:
Link to the post: https:/ip-news-center/dr-kalyan-c-kankanala-delivers-a-session-on-patent-licensing-to-students-at-national-law-school-of-india-university-bangalore/ dated JUNE 1, 2021.
Read previous part of this post: Recap 2021: IP Updates – Part 1
Read next part of this post: Recap 2021: IP Updates – Part 3
Disclaimer
Please note that these updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to contact@bananaip.com for corrections and take down.