Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Intellectual Property (Miscellaneous Provisions) Act, 2006-2
Introduces miscellaneous amendments to the Trademarks Act, 1981, namely the insertion of certification mark in the definition of "mark" in section 2 of the Act, the insertion of a new subsection 3A to provide for definition of "certification mark", provisions as to the use of certification marks, the rights of the registered owner in relation to such marks (section 5), matters pertaining to applications for registration of a certification mark (section 10), the reservation in the register of a separate section for the recording of registration of these marks (section 20), and new provisions as to the transfer of collective and certification marks (section 29). Amends the principal Act Section 26 (1) deleted and new subsection substituted to provide that the registration of an industrial design is valid for a period of 10 years from the date of the application for its registration, and a registration may be renewed for a period of 5 years upon payment of the prescribed fee. Amends the Industrial Designs Regulations, 1984 Schedule I deleted and a new provision substituted in respect of fees chargeable on application for registration and on granting registration for industrial design. New Section 55 A inserted to provide for the burden of proof in certain cases. In determining whether the burden of proof has been discharged, the court shall not require a party to disclose any manufacturing or commercial secrets if it appears to court that would be unreasonable to do so.