Tag Archives: IP India

Draft Amendment to Geographical Indications of Goods (Registration and Protection) Rules, 2002

Ministry of Commerce and Industry vide Gazette Notification No.G.S.R. 645(E) dated September 12, 2019, notified the draft Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2019, inviting objections from public. Inter-alia, the amendment proposes to shorten the procedure of applying for registration of geographical indication by omitting certain clauses. The proposed draft amendment is summarized in the below table:

Rule Present Position Proposed Amendment
56(1) Application for registration as an authorized user was to be made in Form GI-3 jointly by the producer and the registered proprietor. Rule is proposed to be substituted to remove joint application by the registered proprietor, and mandating the producer to only forward a copy of the application to the registered proprietor and intimate the Registrar of the due service of the same.
59(1) Registration Certificate in Form GI-3 was to be issued by the Registrar upon receipt of a request with prescribed fee. Rule is proposed to be substituted to remove references of Form GI-3, receipt of request and payment of prescribed fees.
59(2) Registrar has to specify all particulars required under Section 6(1) in the register for authorized user. Requirement for the Registrar to specify priority date and appropriate office of Registry is proposed to be omitted.
59(3) Any request for duplicate or further copies of registration was to be made in Form GI-7 along with an un-mounted representation of the geographical indication as shown in form of application for registration. Proposed to omit accompaniment of un-mounted representation of the geographical indication as shown in form of application for registration.
Sch. I Fees of 500 is payable for application/renewal of registration of an authorized user of a geographical indication Proposed to remove payment of fees.
Sch. II Request for issuance of registration certificate is to be made in Form-GI-3. Proposed to omit the procedure of requesting for issuance of certificate by deletion of entry in Schedule-II and renaming entry 3C as 3B.
GI-3 Form consists of three entries A for application, B for request for certificate issuance, and C for renewal Proposed form consists of only two i.e. entries A for application and B for renewal.

 

Source: http://egazette.nic.in/WriteReadData/2019/212426.pdf

 

Amendment of Patent Rules, 2003 with emphasis on a Start-up

Ministry of Commerce and Industry vide Gazette Notification No.G.S.R. 663(E) dated September 17, 2019, notified the Patents (Amendment) Rules, 2019, effective from the date of notification in the gazette.  Inter-alia, the amendment abolishes the requirement of filing original documents after submitting scanned copies and includes a start-up and a female person to the list of eligible persons for requesting for expedited examination.

Following is the summary of the changes:

Rule Earlier Position Amended Position
6(1A) Patent agent to submit documents by electronic means and in addition to submit original documents within 15 (fifteen) days. Rule 6 (1A) is substituted to remove the mandatory filing of original documents by the patent agent.  Now patent agent to submit original document only if asked by the Department.
7(1) Small entity was to file Form-28 with every document for which fee is prescribed. Second proviso to the rule is amended to include a ‘start-up’ to file Form-28.
24C(1) Small entity could file a request for expedited examination of application in Form-18A. New sub-clauses are added for filing of Form-18A for expedited examination, which include:

  • a ‘start-up’
  • a female applicant in case of single or joint applicants who are natural persons
  • a government institution/company
  • applicant under an arrangement pursuant to agreement between Indian Patent Office and a foreign Patent Office
Sch.I Entry number 48 provides the transmittal fee payable for international application. A new entry 48A is inserted whereby no fee is payable for transmittal fee for international application through e-PCT filing.
Sch.I Entry number 49 provides the fee payable for preparation of certified copy of priority document and transmission of the same to the International Bureau of World Intellectual Property Organization. A new entry 49A is inserted whereby no fee is payable for preparation of certified copy of priority document and e-transmission through WIPO DAS.
Sch. II Form-18A which provides for request for expedited examination of application for patent The form is amended to substitute paragraph 3 with additional grounds for request for examination and addition of paragraph 4 mentioning documents to be mandatorily submitted as evidence of eligibility for availing expedited examination.

 

Source: http://egazette.nic.in/WriteReadData/2019/212575.pdf