World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Reply: The website of DIPP is http://www.dipp.nic.in/English/default.aspx.

Australia 26:

REPORT BY WTO SECRETARIAT (WT/TPR/S/249): III TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual Property Rights (c) Trade Marks

Australia notes in paragraph 265, pages 116 117 of the Secretariat report that where registration of a trade mark is not completed within 12 months from the date of the application, the Registrar after giving notice to the applicant, treats the application as abandoned.

26. 
    Could India clarify whether this process applies where registration is not completed within twelve months from acceptance or from the end of the opposition period? Does it refer to non payment of registration fees?
    

Reply: The twelve months period could commence either from the date of conditional acceptance provided in section 18(4) of the Act or from the date of issuance of speaking order in an opposition proceedings where the application is ordered to proceed to registration subject to the terms and conditions specified in the speaking order in terms of section 18(4) of the Act No., it does not refer to non payment of registration fees as India accepts one fee at the stage of filing and registration fee is not envisaged under the Trade Marks Rules.

Australia 27:

REPORT BY WTO SECRETARIAT (WT/TPR/S/249): III TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual Property Rights (c) Trade Marks

The last sentence of paragraph 269, page 117 of the Secretariat report states that "If the offence is committed by a company, the company as well as every person in charge, and responsible to the company would be deemed guilty of the offence".

27. 
    Could India explain whether this means that people responsible to a company could be deemed guilty of an offence of which they were not aware?
    

Reply: According to the provision of section 124, if the person committing an offence under the Patents Act is a company, then in such circumstances, the company as well as every person in charge of and responsible to the company for conduct of its business at the time of commission of the offence shall be guilty of the offence. Therefore, not all persons of the company are liable except those who are in charge and responsible to the company for the conduct of the business. However, no person is liable to any punishment if he proves that offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.