INDIA Law and Practice Contributed by: Roshnek Dhalla, Bijal Ajinkya, Moin Ladha and Shailendra Bhandare, Khaitan & Co
actively involved in the International Trademark Association’s (INTA) policy/advocacy initiatives in India, and is the past chair of INTA’s India Global Advisory Council and INTA’s Trademark Office Practices India Subcommittee.
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1. Art Law Framework 1.1 Relevant Authorities and Legislation The Antiquities and Art Treasures Act, 1972 aims to provide for the protection and preservation of antiqui - ties and art treasures. The definition of an “antiquity” is wide and inclusive. It includes coins, sculptures, paintings, and works of art and craftsmanship that are not less than 100 years old. An art treasure has been defined in the same Antiqui - ties and Art Treasures Act as any human work of art, which is not an antiquity and has been declared by the Central Government to be an art treasure. Sig - nificantly, no work of art can be declared as an art treasure during the lifetime of the creator. Pursuant to the Antiquities and Art Treasures Act, the Ministry of Education and Social Welfare promulgat - ed the Antiquities and Art Treasure Rules, 1973 (the “Rules”). The law does not prohibit dealing in antiqui - ties or art treasures; it seeks to regulate the trade in such objects rather than impose a total prohibition on such activity.
By Notification GSR No 904 (E) dated 1 December 1976, the Central Government declared the paintings (including drawings, sketches, diagrams and the like) and objects of art by Rabindranath Tagore, Amrita Sher Gill, Jamini Roy and Nandalal Bose to be art treasures under the Antiquities and Art Treasures Act. On 10 August 1979, by Notification GSR 477 (E), the Central Government declared the paintings (includ - ing drawings, sketches, diagrams and the like) and objects of art by Ravi Verma, Gaganendra Nath Tagore, Abanindra Nath Tagore, Sailoz Mookerjee and N Roerich to be art treasures under the Antiquities and Art Treasures Act. The works of these nine artists have been declared as art treasures by the Central Government, and their exportation is regulated under the Antiquities and Art Treasures Act. A specific permit from the Director General, Archaeological Survey of India is necessary before any exportation of paintings of these nine art - ists, who are described as Navratnas (which means the “nine jewels”).
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