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Intellectual Property Rights

Cabinet approves Accession of India to the Nice, Vienna and Locarno Agreements

13.03.2019

The Union Cabinet, chaired by the Prime Minister has approved the proposal for accession of India to (i) The Nice Agreement concerning the International classification of Goods and Services for the purposes of registration of marks, (ii) The Vienna Agreement establishing an International Classification of the figurative elements of marks, and (iii) The Locarno Agreement establishing an International classification for industrial designs.

Accession to the Nice, Vienna and Locarno Agreements will help the Intellectual Property Office in India to harmonise the classification systems for examinational of trademark and design applications, in line with the classification systems followed across the globe. Further, it would give an opportunity to include Indian designs, figurative elements and goods in the international classification systems.

The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification). The Nice Agreement created a Union, which has an Assembly. Every State that is a member of the Union and has adhered to the Stockholm Act or the Geneva Act of the Nice Agreement is a member of the Assembly. The Agreement also set up a Committee of Experts in which all members of the Union are represented. The main task of the Committee is the periodical revision of the Classification. The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property (1883).

The Vienna Agreement is for setting up an International classification of the figurative elements of marks and the Locarno Agreement is for establishing an International classification for industrial designs. The accession is expected to instill confidence in foreign investors in relation to protection of IPs in India. The accession would also facilitate in exercising rights in decision making processes regarding review and revision of the classifications under the agreement.

Tags : Agreements Approval Registration Trademarks

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