CHENNAI: From patterns on saris to flower vases and from bottle shapes to pen caps, just about any article can be patented for design, provided they are original designs.
Increasing the number of such design patents will help encourage creativity and bring more investments to India, speakers on ‘Emerging IPR Themes,’ said here on Friday.
Delivering the Third R.M.Seshadri Memorial Lecture, organised by the Rajaji Centre for Public Affairs and Tamil Nadu Dr. Ambedkar Law University (TNDALU), Jaya Bhatnagar, partner in the law firm Anand and Anand, said amendments to Indian patent laws made it possible to patent all unique articles.
This expanded definition meant that while regulations protected existing designs, functional elements and minor modifications, all objects that could be made and sold separately could be patented for design.
As evidence, even drawings of conceptions could be used to register patents for a design, she said.
Frederick Kaplan, Consul and Public Affairs Officer, U.S. Consulate General, Chennai, said the U.S. was interested in investing in both products and research and development in India.
However, many companies were worried about the patent regime. Capital was a coward and unlikely to go where there were too many unsuitable conditions, he said.
Later, members of the audience asked the speakers about the protection of biodiversity and traditional knowledge from India (turmeric, basmati, yoga). Mr. Kaplan declined to answer the question, saying he did not have sufficient expertise in the subject.
Earlier S.Satchidanandam, Vice-Chancellor, TNDALU, delivered a special address on the Intellectual Property Rights (IPR) regime. K.M.Vishwanathan, Deputy Controller of Patents and Designs, Chennai Patent Office, detailed the procedures and legalities involved in IPR registration.
Source: http://www.hindu.com/2009/02/08/stories/2009020859720500.htm
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