Category — Politics

India’s 2017 Trademark Rules Are Progressive

In an effort to streamline, simplify and expedite the trademark registration processes, the Government of India has replaced the Trade Marks Rules 2002, with a forward looking and more progressive Trade Mark Rules, 2017.

Some of the salient features of the new rules as reported by Indianceo are:

  • Reduction in the number of trademark forms from 75 to 8: while earlier there used to be one form for each type of application, it is now a single form for requests related to each separate stage of the application life cycle, such as filing, search, opposition, and renewal, among other types; trade mark applications, whether single class, multi-class, collective marks, can now be done now through the same form; contested proceedings such as oppositions or rectifications may be registered through a single form.
  • Hearings in connection with proceedings, will now be allowed through video conferencing or other audio-visual communication devices. The 2002 rules did not have this feature.
  • Sound marks and three dimensional marks will now be accepted for registration. This is a new provision. For registering sound marks, the rule states, “Where an application for the registration of a trademark consists of a sound as a trademark, the reproduction of the same shall be submitted in MP3 format not exceeding thirty seconds’ length and recorded on a medium which allows for an easy and a clearly audible replaying, and which is accompanied with a graphical representation of its notations.” Registration of 3-D marks includes the shape and packaging of goods.
  • Electronic filing and service of documents is encouraged. A fee that is 10% less than for physical filing has been provided for e-filing. Communications which are sent by the Trade Mark office through email will be accepted as completed service. It will not be required to serve documents through the post.
Trademark
While there is a significant increase in the fees, as for example, renewing a registered trademark will now cost Rs. 10,000 or about $150, (up from the earlier Rs. 5000 0r $75), the 2017 rules are forward-looking and include technology to speed up the system.

 

March 19, 2017   No Comments

Introduces ‘Film Visas’ for International Film Makers

With the Information & Broadcasting Ministry urging the Ministry of Home Affairs to create a separate category of visas for international film-makers, India’s government has agreed to offer ‘Film Visas’ to producers to shoot films and TV shows in the country.

Prospective international film-makers will need to send their proposal and scripts for clearance to the Ministry of Information and Broadcasting, either directly or through an Indian mission abroad. The Ministry will scrutinize the proposal within 60 days and give its clearance to the Indian missions abroad, states BusinessLine.

Passport Stamps

The Information & Broadcasting Ministry will also recommend to the customs authorities to waive customs duty on the temporary import of equipment required by the international film production crew. The Film Facilitation Office will set up a portal for online applications soon.

March 7, 2017   No Comments

Regulators Publish New Rules for Medical Devices in India

After exhaustive stakeholder consultations, the Government of India published the new medical device and in vitro diagnostic regulations (IVD) on Jan 31, 2017. The Medical Device Rules, 2017, issued by the Ministry’s Central Drugs Standard Control Organization, will replace India’s longstanding Drugs and Cosmetics Act upon implementation. The new rules will go into effect January 1, 2018.

The term “medical device” includes any instrument, apparatus, appliance, implant, material or other article, whether used alone or in combination, including the software intended by its manufacturer to be used specially for human beings or animals for one or more of the specific purposes, reports the Economic Times.
Central Drugs Standard Control Organization Logo
Highlights:
  • The new rules endorse a risk-based classification plan for medical devices and IVDs.
  •  Unique identification of medical devices and IVDs will be required by regulators, starting January 1, 2022.
  • Licenses issued to device registrants will remain valid indefinitely, along with payments of license retention fees, unless cancelled or surrendered.
  • The rules include fee revisions based on device classification.
  • Test licenses will remain valid for three years (currently, these are valid for one-year periods).
  • It is mandatory to have Notified Bodies (legal entities) conduct audits of device-manufacturing sites in India before manufacturing licenses can be issued.
  • Licenses and registration certificates obtained prior to implementation of the new rules will remain valid either until expiry or after an 18-month period following implementation, whichever is later.

The Medical Device Rules 2017 in its entirety is available on request. Please use this link to get a copy.

 

 

February 11, 2017   No Comments

Trump Invites Prime Minister Modi to Visit U.S.

Four days after President Trump was sworn in as the 45th President of the U.S., he invited Prime Minister Modi over a call to visit the U.S. later this year.  The Republican President emphasized that the U.S. considers India “a true friend and partner in addressing challenges around the world,” the White House said.

US and India Flags

NDTV reports that Mr. Trump also said he had “great confidence” in India. “Generations of Indian and Hindu Americans have strengthened our country…your values of hard work, education and enterprise have truly enriched our nation.”

February 10, 2017   No Comments

India Tops in Trust of Institutions in Global Report

An online survey of more than 33,000  respondents conducted between October 13 and November 16, 2016 by Edelman, the world’s largest public relations firm, and reported in the 2017 Edelman Trust Barometer, revealed that trust is in crisis around the world, and the largest-ever drop in trust was recorded across the institutions of government, business, media and NGOs.

Among the 28 nations surveyed, India emerged as the most trusted nation in terms of institutions with 72 per cent of the respondents from the general population feeling so. The country is followed by Indonesia (69 per cent), China (67 per cent), Singapore and UAE (both at 60 per cent), reports the Economic Times.
'Trust' written in sand
Other Key Findings:
  • The Indian government is the second most trusted  by its own citizensafter China
  • Of the 28 countries, there was distrust in government in 75 percent of them
  • Trust levels decreased to 47 percent this year from 50 percent in 2016
  • CEO credibility dropped 12 points globally to an all-time low of 37 per cent, plummeting in every country studied
  • Government leaders remain least credible
  • Trust in business dropped in 18 countries, while NGOs  saw drop-offs as high as 10 points across 21 countries
  • Half of the countries surveyed have lost faith in the system, led by France (72 percent) and Italy (72 percent), Mexico (67 percent), South Africa (67 percent) and Spain (67 percent)

February 7, 2017   No Comments