HomeNews & EventsMontenegro, Uzbekistan and India introduce new draft IP legislation
March 11, 2021

Montenegro, Uzbekistan and India introduce new draft IP legislation

The intellectual property offices of Montenegro, Uzbekistan, and India have introduced new draft IP laws respectively, aiming to enhance the present legislation and improve their IP systems.

Montenegro

The Intellectual Property Office of Montenegro recently published the Law on Amendments to the Law on Patents for comments from both IP professionals and the public. The amendments to the legislation, proposed on January 13, 2021, span several aspects of the patent law, and are largely intended to harmonise the legislation of Montenegro with that of the European Union.

The proposed new version of the law not only strengthens the clarity of the pre-existing provisions, but adds a multitude of new items to several articles. First and foremost, the definition of patentable inventions has been altered, with the requirement of a patent being "susceptible of industrial application" rephrased to read "industrially applicable."

Further, the draft law expands the subject matter in relation to inventions, which will also cover Supplementary Protection Certificates (SPC), providing more specificity in line with the overall streamlining of the language in the legislation.

One of the most substantial additions posed is the introduction of 5 new provisions in relation to the exemption of protection for certain types of SPC. As such, certificates in relation to products that are integral to a medicinal product will not provide complete protection and will allow for others to use said product in certain situations. These include the manufacture of a medicinal product containing the integral part for export to third countries, as well as when it is manufactured within six months before the expiry of the certificate, for the purpose of its storage in the Member State in which it was produced. The aforementioned exceptions regarding protection have been added in order to encourage a level playing field for global competition, the creation of jobs, and innovation.

Additionally, the possibility of re-establishment of a right after the deadline for submitting the application for recognition of the SPC, or the deadline for submitting the application for extension of the duration of the certificate, will no longer be possible upon implementation of the draft law.

Uzbekistan

The IP Office of Uzbekistan has adopted measures to improve the system of protection of intellectual property, entering into effect on April 1, 2021. These alterations to the previous system abolish the current legal restrictions regarding the registration of trademarks and service marks exclusively in the name of legal entities and individuals engaged in entrepreneurial activity.

The amendments also introduce the use of a fast track examination procedure, as well as utilising the method of outsourcing applications to other IP offices for examination, both of which are hoped to further expedite the processing time.

Moreover, the new law is hoped to assist with the tackling of infringement and trafficking of counterfeit items by the introduction of additional administrative centres.

India

The Indian Intellectual Property Office has introduced recent legislative amendments detailed in the new draft patent law, published in the Official Gazette on February 9, 2021. India is among several countries including the US, Canada and Japan, which allow for discounted patent fees for small businesses, natural persons, or start ups, with the draft law introducing eligible educational institutions into this criteria, allowing them discounted fees once the draft law is implemented. The reduced fees decrease the previous costs by approximately 5 times, with a minimum patent application fee for start-ups, small entities or eligible educational institutions constituting 1600 INR, compared to the basic electronic filing fee of 8000 INR. The examination fee will drop from 20,000 INR to 4000 INR, whilst the fee for expedited examination will be dramatically discounted from 60,000 INR to 8000 INR.

The three countries of Montenegro, Uzbekistan and India are among a multitude of others who are developing and improving their intellectual property legislation and systems in recent months. The respective implementation of the aforementioned draft laws is expected within the scope of 2021, with many other jurisdictions expected to follow suit and introduce amended legislation this year.

Author: Danielle Carvey
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