A Comparison between the Intellectual Property Laws of United Kingdom and India
By Bhavneet Vohra July 29, 2016
A comparison between the Indian Patents Act 1970 and U.K. Patent Act 1977.
- INVENTONS NOT PATENTABLE
In India Section 3 and section 4 defines the Inventions which are not patentable.
In UK’s act, the same is mentioned under the first chapter Patentable Invention from Subsections 2-5.
As per the Section 4 of the Indian Patent Act, 1970
Inventions relating to atomic energy not patentable.—No patent shall be granted in respect of an invention relating to atomic energy falling within sub section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962). But this is not included in The Patents Act 1977.
- PERSONS ENTITLED TO APPLY FOR PATENTS
In Indian Patent Act, 1970 Section 6 defines the above provision.
Specifically for deceased persons, Section 6(c) states: By the legal representative of any deceased person who immediately before his death was entitled to make such an application.
But there is no talk of the legal representatives of the deceased persons in The Patents Act 1977.
- TERM FOR PATENTS
Section 53 of the Indian Patent Act, 1970 and Section 25 of the Patent Act, 1970 defines the term for patent which is basically same in both the countries that is 20 years from the date of filing an application.
- GROUNDS ON REFUSAL OF REGISTRATION
In Trade Marks Act 1994 Section 3-8, there are provisions for refusal of registration with specially protected trademarks addressed in Section 4 of the Act, but there is no such provision in the Trade Marks Act, 1999 which deals with refusal in the Section 9 of the Act.
- APPLICATION FOR REGISTRATION
Section 32 of the Trade Marks Act 1994 defines the Application for Registration which clearly defines what the application contains such as
Section 32 (2) The application shall contain—
(a) a request for registration of a trade mark,
(b) the name and address of the applicant,
(c) a statement of the goods or services in relation to which it is sought to register the trade mark, and
(d) a representation of the trade mark.
Similar details are provided in the Section 18 of the Trademarks Act 1999 relating to application for registration.
A comparison between the Indian Copyright Act 1957 and Copyrights, Designs and Patents Act, 1988
- DURATION OF COPYRIGHTS
In India basically in all types of work the duration of copyright is granted for sixty (60) years from the beginning of the Calendar and is defined in Sections 22-29.
Whereas in UK Copyrights, Designs and Patents Act, 1988 Section 12-15 defines the term of copyright which is different for different types of works.
Image Credits: http://singhanialaw.com/intellectual_property_laws.php
Intellectual Property Laws of United Kingdom and India , Indian Patents Act 1970 , U.K. Patent Act 1977 , Section 4 Indian Patent Act , PATENTS , TRADEMARKS , COPYRIGHT , Indian Trade Marks Act , UK Trade Marks Act 1994 , Section 32 , Indian Copyright Act 1957 , Copyrights , 1970 , 1999 , Designs and Patents Act , 1988 , IP India , IP UK
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