Section 133 of (ACT NO. 39 OF 1970) in hindi
Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act.]
↩1.Subs. by Act 38 of 2002, s. 55 for “Central Government” (w.e.f. 20-5-2003).
↩2.Subs. by s. 55, ibid., for “it” (w.e.f. 20-5-2003).
3. The words “or any person, not being a patent agent, who is duly authorised by the applicant” omitted by s. 56, ibid.
↩4.Subs. by s. 56, ibid., for certain words (w.e.f. 20-5-2003).
↩5.Subs. by Act 15 of 2005, s. 68, for section 133 (w.e.f. 1-1-2005).
(w.e.f. 20-5-2003).
Summary
Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to.
Practical examples
FAQ
1. What is a convention country under Section 133 of the Indian Patents Act?
Under Section 133 of the Patents Act, 1970, a convention country is any country, group of countries, union of countries, or inter-governmental organization that is a party to an international, regional, or bilateral treaty or arrangement with India, and which grants similar patent privileges to Indian citizens as it does to its own.
2. Does a country have to sign a bilateral treaty with India to be considered a convention country under the Patents Act?
No. Under Section 133 of the Patents Act, 1970, a country can be recognized if it is a party to an international, regional, or bilateral treaty, convention, or arrangement to which India is also a signatory or party.
3. What is the main requirement regarding reciprocity for a country to be a convention country under the Patents Act?
Under Section 133 of the Patents Act, 1970, the country must afford to patent applicants in India or to Indian citizens similar privileges as are granted to their own citizens or member country citizens regarding patent grants and protection.
4. Can an inter-governmental organization be recognized as a convention country under the Patents Act, 1970?
Yes. Section 133 of the Patents Act, 1970, explicitly includes inter-governmental organizations that are signatories or parties to patent treaties to which India is also a party.
Test yourself
Q1.Under Section 133 of The Patents Act, 1970, which of the following is NOT listed as an entity that can be recognized as a convention country or countries?
Q2.Under Section 133 of The Patents Act, 1970, what key condition of reciprocity must be met by a foreign entity to qualify as a convention country?
Q3.Under Section 133 of The Patents Act, 1970, which types of treaties or arrangements can form the basis for establishing convention country status?
Q4.Under Section 133 of The Patents Act, 1970, what must be protected in the foreign country for Indian citizens to satisfy the reciprocity requirement?