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Trade Marks Act, 1999 comes into force

By Our Special Correspondent

NEW DELHI SEPT. 15. The Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999 have come into force from today which would provide Indian manufacturers an opportunity to avail protection under the geographical locations clause of the World Trade Organisation (WTO).

Under the WTO provisions pertaining to Trade Related Intellectual Property Rights (TRIPS), products that are specific to a particular geographical location can seek geographical indication protection. For instance, Darjeeling Tea or Assam Tea producers can now seek patent protection for their products with the new legislation coming into force. A Geographical Indications Registry has also been set up in Chennai.

The Government has also set up an Intellectual Property Appellate Board in Chennai with former Madras High Court judge, Justice S. Jagadeesan, as Chairman. Raghbir Singh, former secretary of the National Commission to Review the Working of the Constitution will be the Vice-Chairman, while T. R. Subramanian, former Joint Registrar of Trade Marks will be the Technical Member. Benches of the Appellate Board will also sit in Ahmedabad, Delhi, Mumbai and Kolkata, in addition to Chennai.

The salient features of the Trade Marks Act are: the provision for registration of trade marks and service marks, provision of single register, provision for registration of collective marks, provision for an Appellate Board for speedy disposal of appeals and for rectification of applications and simplification of procedures for registration.

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