Recently, Indian Patent Office has released a notification, which clearly signals India’s objective towards a more effective enforcement of the Intellectual Property Regime in the country.
The notification directs towards websites which are casting itself as being related to the Indian Patent Office. The notification gives reference of Section 108 of the Trade Marks Act, 1999 which states that "If any person uses on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Trade Marks Office, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both". To keep it simple, the act defines provision of penalty for improperly describing a place of business as connected with the Trade Marks office. It has also been mentioned that complains had been lodged against such website. Such issue clearly comes under the purview of cyber-squatting. IPO has given a 7 day notice to discontinue such websites; notwithstanding such notice, action will be taken by the Controller General against the organizations.
The Patent office has not disclosed the name of such organizations which may come under the purview of such legal action. But, this notice is a red signal for the websites which are being said as misguiding the public as being connected to Indian Patent Office.
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