Section 159 Trade Marks Act 1999 enables the Central Government to issue NOTIFICATION DESIGNATING countries as CONVENTION COUNTRIES for the purpose of PRIORITY claims. India is bound by:
Aonly purely bilateral treaties on a case-by-case basis (cf. Paris Convention for the Protection of Industrial Property 1883 (India 1998); Madrid Protocol (India 2013))
Bno international IP treaties whatsoever (cf. Paris Convention for the Protection of Industrial Property 1883 (India 1998); Madrid Protocol (India 2013))
Cthe Madrid System for the International Registration of Marks (since 2013) AND the Paris Convention for the Protection of Industrial Property (since 1998)
Donly the TRIPS Agreement and no Paris Convention (cf. Paris Convention for the Protection of Industrial Property 1883 (India 1998); Madrid Protocol (India 2013))
Answer & Solution
Correct answer: C. the Madrid System for the International Registration of Marks (since 2013) AND the Paris Convention for the Protection of Industrial Property (since 1998)
1. India joined the PARIS CONVENTION for the Protection of Industrial Property 1883 on 7 December 1998 — providing 6-month priority for trade mark / designs / utility model applications.
2. India became a contracting party to the MADRID PROTOCOL on 8 July 2013 — enabling international trade mark registration through WIPO.
3. India is also bound by TRIPS Agreement 1995 (WTO Member since 1995).
4. Section 154 Trade Marks Act 1999 deals with priority rights of convention applicants.
5. Section 159 grants Central Government power to designate convention countries.
6. Hence option A is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Paris Convention for the Protection of Industrial Property 1883 (India 1998); Madrid Protocol (India 2013)_
Related questions
Section 31C Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for COVER VERSIONS oSection 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. In INDIAN COMPUTER NETWORK STATE (Microsoft Corp v Mr Yogesh Papat & Anr, 2005 PTC 245 (DeSection 70 Copyright Act 1957 deals with DELIVERY OF INFRINGING COPIES to the copyright owSection 47 Patents Act 1970 (CONDITIONS OF GRANT) allows USE for purposes of:Section 14(b) Copyright Act 1957 confers on the owner of copyright in a COMPUTER PROGRAMMESection 31D Copyright Act 1957 (inserted 2012) is a STATUTORY LICENCE for BROADCASTING of Section 25 Designs Act 2000 deals with PIRACY OF REGISTERED DESIGN. Any person who: