Intellectual Property Laws (IP Laws) in SAARC Countries

The status of Intellectual Property Laws has been regularly improving in most of the SAARC nations to take into account all refined and innovative elements contained in the International Treaties like TRIPS Agreement of WTO, WIPO, etc. These developments in the IPR regime were necessary for controlling and raising the constant decrease in the rankings of SAARC nations in the Global Innovation Index (GII) since 2011. However, these developing countries till date do not have a unified system for registration and protection of various categories of the Intellectual Property (IP), and therefore, to register any IP in any of these nations, the applicant necessarily needs to follow the national IP law of the concerned SAARC country, in addition to filing the application through any connected international IPR treaty. Again, the IP laws and procedures in individual SAARC countries differ, though slightly. This concise webpage offers brief but very beneficial information about the intellectual property laws (IP Laws) in SAARC countries, especially those which are related with trademarks, patents, and industrial designs.

Here, pertinent is to provide a brief piece of information about SAARC and its member countries. Then, the sections below will provide lapidary introduction to the IPR laws followed in each of these SAARC countries. Our internationally renowned and one of the leading IPR law firms of India (well-based in Delhi) also offers expert and efficient legal services for registration and protection of various categories of intellectual property, particularly the trademarks, patents and industrial designs, in each of these SAARC countries, on behalf of Indian and global people and companies.

Acronym for the 'South Asian Association for Regional Co-Operation', SAARC is the largest agglomeration for regional cooperation in the whole world, related with over 20% of the global population. SAARC was founded in December 1985 by its seven original member countries, and its opulent Secretariat is well-based in Kathmandu, the capital city of Nepal. The main and ultimate aims of this SAARC are to promote regional cooperation and integration and mutual economic developments in member countries; accelerate socio-cultural developments in the region; and to cultivate self-reliance in the region. In the year 2006, SAARC launched the South Asian Free Trade Area (SAFTA), to encourage regional and international trade. Today, there are eight member countries to SAARC, which are India, Sri Lanka, Nepal, Pakistan, Bangladesh, Myanmar, Bhutan, Maldives, and Afghanistan (joined in April 2007). According to 2015 estimates, the combined economy of SAARC is the third largest in the entire world in respect of the Purchasing Power Parity (PPP) after USA and China, and the fifth largest in terms of the Nominal GDP (amounting roughly to US$ 3 trillion). Obviously, India is the largest member country of SAARC, in respect of massive and varied economy, land area and demographics, and overall caliber.

Trademarks in SAARC Countries

The service marks and trademarks in SAARC countries are mainly registered, maintained, and protected as per the national Trade Marks Law of individual SAARC countries, which are in substantial accordance with the TRIPS Agreement of WTO and Madrid Protocol of WIPO. However, in respect of a statutory national law on trademarks, Afghanistan and Maldives are quite deficient. Again, the processes of all these tasks related with trademarks, differ more or less in different SAARC countries. The Indian Trade Marks Law is in complete consistency with these magnificent international treaties, and is represented by the Trade Marks Act of 1999 and the Trade Marks Rules of 2002. Our well-informed, veteran, and innovative trademark lawyers are proficient in getting trademarks registered and protected in all major member countries of SAARC, to help people and companies belonging to India and other SAARC nations, and foreign countries worldwide. Both international filing of trademark applications and national trademark registration prosecution in the concerned SAARC country, are performed adroitly by our mellow trademark lawyers.

Patents in SAARC Countries

The patents in SAARC countries are registrable the national patents law of individual SAARC countries, which are in substantial consistency with the Patent Cooperation Treaty (PCT) of the WIPO, and the TRIPS Agreement of WTO. Hence, in order to register a product or process patent in any desired SAARC country, a foreign entity requires to file first an application through any of these international patent treaties, and then provide expert prosecution for registration of the proposed patent as per the concerned national patents law of the targeted country (in India, this law consists of the Patents Act of 1970 and the Patents Rules of 1972). Our well-learned and sophisticated patent lawyers are well-versed in doing these both categories of legal tasks, to help people and companies belonging to countries worldwide. Here, it may also be noted that, they perform all associated tasks related with registration of a newly-created patent adroitly, such as drafting the patent specification, discerning infringement analysis, and offering ingenious and brilliant prosecution for registration in the country concerned.

Designs in SAARC Countries

Registration and protection of industrial designs in SAARC countries are made as per the national designs law of individual member countries, which bear bulk conformance to The Hague Agreement of WIPO and the TRIPS Agreement of the World Trade Organization (WTO). The prosecution for design registration at national level in the targeted country will be necessary as per the applicable designs law, after filing the application for design registration through any of these international treaties; for example, for this purpose, the relevant law in India comprises the Designs Act of 2000 and the Designs Rules of 2001. Our design lawyers of international fame extend all requisite support and services during the entire procedure of design registration in any desired member country to SAARC, to help people and companies located in SAARC countries and other countries worldwide. The main tasks involved in the procedure of registration are the following --- creation of a unique industrial design, verification of its indisputable uniqueness through design search and infringement analysis, drafting the design specification and filing the application for registration, responding to and satisfying the registrar concerned, tackling likely cases of opposition, and presenting brilliant prosecution for the best and briskest design registration.

To harness expert and brisk legal support and services for registering any intellectual property in any SAARC country, people and companies located anywhere in the world, may readily call over: +91-8800-100-281; or dart their queries or problems at: contact@TrademarksIndia.net .