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Seeking Inputs: DPIIT Publishes Draft Copyright (Amendment) Rules, 2019 and Draft Patent (Amendment) Rules 2019

The Department For Promotion of Industry and Internal Trade (DPIIT) has recently published draft Patent (Amendment) rules, 2019 and draft Copyright (Amendment) Rules 2019, seeking stakeholders inputs. Below are the key highlights of the each of the draft Rules.

  1. Draft Copyright (Amendment) Rules, 2019
  • The draft rules proposes to rename ‘the Copyright Board to  ‘The Appellate Board’
  • The appointment of the Chairman and other members of the Appellate Board shall be as per the provisions of the Trade Mark Act, 1999
  • Request for application for the issuance of compulsory license for work withheld from public can be made through electronic means
  • One of the key amendments that has been proposed is with regard to the broadcasting of literary, music and sound round work. As per the amendment, any broadcaster desirous of broadcasting any of the said work to the public can now approach Board and owner of the work to obtain the statutory license regarding the same. Currently only Radio and TV broadcasters can only apply for such license.
  • The draft rules also proposes amendments regarding functioning of Copyright Societies such as distribution of royalties, publishing of annual transparency reports etc.

Click here to access the copy of the Draft Rules.

  1. Draft Patent (Amendment) Rules, 2019
  • The draft rules proposes to make it mandatory to file English translation (if already not in English) of a Priority document within a period of 3 months from the date of invitation to file by the patent office
  • Another key highlight is with regard to the new format of Form 27 i.e. regarding Working of Patents.
  • Further, the statement regarding working of patent shall be required to be filed from the calendar year commencing immediately after the year in which the patent is granted.

 Click here to access the copy of the Draft Rules.

You are requested to kindly mail us your inputs /responses latest by 20th June 2019 (Thursday) for us to finalize and make timely submission to the Government. Kindly send your inputs to deepak@nasscom.in and asaggarwal@nasscom.in.

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