Intellectual Property Rights: A Crucial Need for Present MSMEs

Intellectual Property Rights: A Crucial Need for Present MSMEs

MSMEs or Micro, Small, and Medium Enterprises that play a vital role in growing a country’s economy often lose out when it comes to the safety of their ideas and strategies. Hence, it is imperative to look for something that can protect the creations and innovations of MSMEs. Intellectual Property Rights (IPRs) are the best source adept in keeping the unique and original assets of companies safe in the current highly competitive world.

Intellectual Property (IP) industry nowadays is accessible with many types of IPRs, like trademarks, patents, etc. Nevertheless, MSMEs can opt for any of these IP rights, but sometimes one kind of IP can protect a particular asset better than others. For instance, a trademark is an exclusive IPR that suits best when it comes to secure the unique name, logo, or other assets of MSMEs. By providing a unique identity to a product, the trademark helps its owner to gain credibility amongst consumers, which ultimately serves him with financial profits. On the other side, to protect the unique and new designs that form the base of business models of some MSMEs, the enterprises’ need could not depend on a trademark. They need an IPR that is known for securing designs. Since the requisites vary as per the nature and assets of MSMEs, there is a need to implement IP protection after understanding it appropriately.

Sources to be Aware of IP

IP awareness programs are the best way to be familiar with IP. Including the Intellectual Property Facilitation (IPFC), Confederation of Indian Industry (CII), National Institute for Micro, Small and Medium Enterprises, and National Institute of Intellectual Property Management, several other institutions are famous for organizing IP awareness programs. Some of the programs with which these institutions attempt to make MSMEs aware of IP encompass:

  • Seminars,
  • Workshops,
  • Short-term and long-term training.

Need for IP Framework

With the continuous and rapid emergence of new products and businesses, the market is turning competitive. The worst fact is that to stay ahead of others in such a challenging era, many big firms don’t hesitate even in exploiting the smaller companies, thus making it crucial for the MSMEs to get familiarized with the IP protection available for their assets. That’s why it is of paramount importance for MSMEs to have an appropriate IP framework that prevents them from losing the game in the hands of big players.

An appropriate IP framework is beneficial for MSMEs in not just defending their innovative products or works but also enhancing their market value amongst the potential investors, shareholders, and consumers. Note that the IPRs, if valued, maintained, and utilized strategically can undoubtedly increase the MSME’s reputation and competitiveness.

The Present Situation

MSMEs, in the present scenario, are contributing to around 50 percent of the total manufacturing industries and 45 percent of the overall shipments in India. That’s what makes these enterprises a noticeable source adding much to the Indian economy. However, to pursue playing a role in growing the country’s economy, MSMEs have to stay away from legal issues, including trademark infringement cases, patent violation lawsuits, etc. Assuredly, the high costs, required documents, and many other things associated with IPRs turn it a bit complex for MSMEs to obtain and enforce IP protection. Nonetheless, if obtained precisely by understanding all the facts related to the IP system, the IPRs can undoubtedly bestow the owner, i.e., MSMEs with fruitful outcomes. Are you also an owner of any minor, or small, or medium-sized enterprise? It is time to secure your business with suitable IP rights that will not just keep your assets protected but also provide you with fruitful advantages for years. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Strategy: All You Need to Know

Intellectual Property Strategy: All You Need to Know

Mainly considered to be a legal source to protect assets from being used without their owners’ permission, Intellectual Property Rights (IPRs) are also helpful in driving opportunities to earn more and gain competitive benefit. That’s is the reason why most businesses in the present challenging era emphasize working with Intellectual Property (IP) strategy in addition to their business strategy. IP provides exclusive rights that allow authorized accessing and using several elements, like medicines, industrial products, etc., while keeping the vulnerabilities of legal issues minimum. The IPRs guarantee avoidance and elimination of various types of misuses, including:

  • Counterfeiting
  • Abusive or unauthorized use
  • Theft or diversion of IP assets
  • Copying of registered or patented items

The combination of trust and protective strategy associated with IP can be a perfect way to grow your business to a remarkably fruitful level in today’s highly competitive marketplace. Hence, it is imperative to comprehend the IP strategy along with its core elements, and importance.

IP Strategy

Intellectual Property (IP) Strategy is a combination of several steps that help a business to manage its IP assets, define how its research and development team should operate for achieving the company’s goals, which may be building a reputation or increasing the revenue. Generally, protecting different types of IP assets appears an expensive deal; however, with an apt IP strategy, you can ensure the protection and management of your assets at a reasonable price. Besides, it can help in extracting good ROI, i.e., returns on your business investments. That’s why all the businesses, whether large, small, new, or old, should have a clear and understandable IP Strategy.

Core Elements of A Result-oriented IP Strategy

Strategically using your IP assets is one of the best ways to grow your business while facing the least possible hurdles. Hence, you must always emphasize running your business after creating an IP strategy that encompasses the following three core elements:

IP Protection: Intellectual Property Law provides exclusionary rights that undoubtedly prevent the misuse of your IP assets, but the continuous advancements in technology are making it a bit sophisticated for the people to use them appropriately. Hence, there is a crucial need to create and use an IP strategy that includes defensive publishing as one of its vital parts. It will aid you in not only keeping the exclusionary rights robust throughout their lifespan but also in staying safe against the two below-given hazardous threats.

  • Patent trolls, which apply to patents, focus only on collecting license fees or penalty charges from the party involved in Patent Infringement.
  • Picket-fence processes in which competitors who desire to erode your core patent’s value, patent some incremental improvements over it, and get a license for leveraging your core technology on preferential terms.

R&D Operations’ Optimization: Technologies and techniques associated with the traditional patent search processes are so intricate that a comprehensive search may take days to execute. Use state-of-the-art analysis tools and optimize your search processes as well as the ability to provide actionable insights. Moreover, there is a need to empower personnel to conduct searches by employing natural language queries rather than arcane syntax. These measures will boost up your decision-making ability, which further helps in building up a more competitive and agile company.

IP Assets’ Monetization: The justification of ‘how effective an IP strategy is’ mainly based on the top or bottom-line value it provides to an organization. Monetization is far beyond just enabling products to sell at a faster rate under the shield of Intellectual Property Rights Protection. An efficient IP strategy can help you to monetize your IP assets as well as identify infringers and potential licensing partners in both the private and public sectors.

Importance of IP Strategy

We are living in a rapidly developing economic world where the restrictions (due to developments) on several materials, like land, minerals, transportation, and many others are becoming prominent day-by-day. An IP strategy covers measures that expedite the creation, development, and management of IP assets along with maintaining a balance with restricted items. IP strategy, which consists of all crucial things like the company’s attributes, information about its products, etc., can help the firm in protecting and promoting their assets in a manner that ensure remarkable returns on IP-related investment. It also enables you to identify and evade the risks that may harm your organization anytime. Finally, we can say that an effectively designed IP strategy is one of the best means to ensure the commercial growth of any business in the present challenging era. For more visit: https://www.trademarkmaldives.com

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Michael Kors Files a Lawsuit against New Haven Flea Market

Michael Kors Files a Lawsuit against New Haven Flea Market

Fashion house Michael Kors LLC has recently sued the operators and vendors of The Boulevard Flea Market on Ella T. Grasso Boulevard over counterfeit sales of the products carrying the company’s brand name for years, and that the practice hasn’t creased even after many repeated warnings.

The plaintiff, in the filed lawsuit, named the flea market operator C.G.C. Enterprises and its owner, Charles Cheslock, Landlord Digsby, Taylor and Hobbes, and Vice President Richard Lebov, and 100 “John Does” as defendants who are believed to have sold fake Michael Kors products.

Attorneys for Michael Kors LLC have noted that New Haven police had reportedly seized more than $2 million worth counterfeit products from the market in November 2013. As per the complaint, an inspector working on behalf of the company purchased counterfeit goods from 31 vendors in June 2018 and in December 2018, the company then sent cease-and-desist letters to those vendors of the flea market. The inspector in August 2019 had not just returned to the flea market but also purchased more counterfeit items. On every visit, as the complaint showed, the inspector saw more than 500 counterfeit goods offered for sale.

In the complaint filed, the attorneys for Michael Kors have noted that these conducts harm the brand’s reputation, branding efforts, and those who purchase the products expecting them to be the real products. As per the attorneys, Michael Kors has expended an enormous amount of resources to combat the sales of fake items at the Flea Market. Despite several efforts to restrict sales, the brand has met with uncooperative landlords and owners who have refused to take appropriate actions. The irresponsible conduct of the operators and vendors is also raising irreparable monetary and other types of damages to Michael Kors and its products’ customers.

The complaint claims that by conducting the illegal act of counterfeiting and falsely defining the origin of the items sold, the operators and vendors of the flea market have committed Trademark Infringement. With many other requests, Michael Kors is looking for a legal order that prohibits vendors and operators from selling counterfeit products, requiring them to turn over all the false merchandise for destruction, along with monetary damages, punitive damages, and statutory damages. For more visit: https://www.trademarkmaldives.com

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Metrasens Global MRI Safety Business Obtains another Patent

Metrasens Global MRI Safety Business Obtains another Patent

A leading provider of advanced magnetic detection technologies, Metrasens has proudly announced about the recent grant for a new patent by the US Patent and Trademark Office (USPTO) for further strengthening of its patent portfolio. The newly granted patent revolves around the protection of the technology proficient in decreasing alarm weakness in the Ferromagnetic Detection Systems (FMDS) of Metrasens. Being used to increase the safety of staff and patients in the MRI departments of hospitals, Metrasens’ FMDS systems for MRI safety were invented by the company’s founders and have been purchased by MRI departments in 36 countries since 2003, when they were first introduced globally.

By obtaining its first patent before 2000 along with a total of 21 international patents till now, Metrasens at present has a considerable Intellectual Property (IP) in the field of magnetic detection. Nevertheless, this family’s patent protection granted in China is currently subject to a challenge by Nanjing Cloud Magnet Electronic Technology Company Limited in the China State Intellectual Property Office (SIPO). Metrasens is defending itself against the plaintiff and its affiliate – Nanjing Haole Technology Company Limited (NH) in the Nanjing Intermediate Court for Copyright Infringement and in the Shanghai Intellectual Property Court for Patent Infringement. A decision announced by SIPO in regards to this case has proclaimed that the office concludes the patent to be invalid because it lacks an inventive step. It appears that Metrasens will robustly appeal to the SIPO decision.

Metrasens with an intention to defend itself claimed that previously, Nanjing Haole Technology Company Limited was a distributor appointed to disseminate its Ferroguard FMDS products in Southern China. Metrasens had terminated the relationship as it found this group emerging and selling products that possessed very similar technical features and functions to those for which Metrasens had obtained patents. With the aid of Beijing Yihai (one of its distributors), Metrasens has evolved as a leader in providing MRI safety services and resolutions to hospitals throughout China. Metrasens also has a Patent Application having further eight patents that reflect its investment to develop technology that helps in keeping the Chinese citizens safe.

Metrasens’ CEO and co-founder, Dr. Simon Goodyear, said that their close connections with MRI system vendors and the Chinese radiology community facilitated the fast and accelerating adoption of their Ferroguard systems in China.They are proud that both the IP executives and the MRI community value the benefits of their products, which are the result of years of their experience in this field. The new patent will help them in continuing to pursue their goals of safeguarding Metrasens’ intellectual property and businesses and of improving patient safety in China. For more visit: https://www.trademarkmaldives.com

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How to Use Copyrighted Material for Advertising Free from legal Concerns?

How to Use Copyrighted Material for Advertising Free from legal Concerns?

All may not be aware of this, but advertising is as old as commerce and civilization. Nearly 3, 000 years ago, people tended to promulgate their products and services on clay tablets, through town criers, etc.; however, advancements in technology have changed the ways people advertise their business today. Companies nowadays beckon potential customers by using pamphlets, brochures, billboards, radio and TV communications, commercial text messages, email advertisements, and many other advertising tools.

With the availability of so many options to advertise products and make consumers buy them, more and more businesses are moving towards advertising, thus turning the industry comparatively more competitive than ever before. Besides competitive, advertising appears a costly affair for most entrepreneurs, startups, and SMEs (small and medium-sized enterprises). Ultimately, the limited budget and the human tendency to exaggerate quick benefits in the cut-throat challenging era make people advertise their business by using the copyrighted products of others. It is because creating new items often demands high investments in comparison to accessing copyrighted ones, but advertising in this manner may lead to Copyright Infringement issues. Hence, if you want to use others’ copyrighted materials in your business ads, then make sure to do so while keeping the legal concerns at bay. It is easily possible by getting information about the legal policies on how to use copyrighted items without facing legal concerns.

Copyright law and Advertising

Copyright law facilitates the creator of creative work with exclusive rights that help them in preventing unauthorized users from using their work. The copyright rights limit people from making profits by accessing any material without obtaining the owner’s permission. According to this law, the person who violates the copyrights of others could have to pay a fine as a penalty for infringing someone’s Intellectual Property Rights (IPRs). Since the same policies apply to the advertising industry also, there’s a need to be cautious while using copyrighted materials in your ads. Some copyrighted items that you might desire to use in advertising include:

 

  • Pieces of literature
  • Song recordings
  • Photographs
  • Art

Copyright Basics

As copyright rights are country-specific, they often vary from nation to nation. Therefore, before using any copyrighted work in advertising, you should be familiar with its copyright status as per that nation. For instance, the copyright law of the US states that the tangible items created after 1978 are capable of obtaining Copyright Protection automatically. The owners neither have to display a copyright symbol on them nor need to register them with the U.S. Copyright Office. On the other side, materials manufactured before 1978 should either have a copyright symbol or be registered. Becoming familiar with the copyright status of any item in that particular nation isn’t enough; make sure to know about their use as well.

Commercial Use

Most people desire to use the copyrighted material for commercial purposes but such usage, whether in advertising or any other area, is not permitted without the owners’ permission. Nevertheless, the items published before 1923 are acknowledged under the public domain and therefore, allowed to be used in commercials. Note that the materials published after 1923 get the copyright protection that lasts for 95 years from the time of publication and 120 years from the day of creation and can’t be used (without permission) during these periods.

Fair Use

Fair use is one of the most noticeable exceptions to U.S. copyright laws. It enables people to use copyrighted works, but only if doing so benefits the public, cultural activities, or educational contexts. For instance, an ad that can help people quit smoking can use a quote, sentence, or paragraph from a copyrighted medical textbook. Ads that educate the public about bullying, drug use, etc., also fall under the same category, i.e., fair use. Although this category permits the use of copyrighted materials, you must display a clear purpose of the advertisement associated with public welfare and use the snippets of the items. If you fail to do so, then you may fall into legal issues. Besides, remember that no law provides apparent information about how much use of a copyrighted item is permissible. For example, you may use some lines of others’ textbook but not some pages of the same.

Permission for Use

As per this policy, you can use someone else’s copyrighted work in your advertising, but after obtaining a license that the licensor may provide you in exchange for a set amount. Hence, you have to determine the licensor by finding and viewing the name located next to the copyright symbol. In some cases, when there is no symbol or name on the item, you should search for the name online on the U.S. Copyright Office website. This category emphasizes money but not always, like owners of lesser-recognized work can permit you to use their work only in exchange for publicity by having their name somewhere in your ads. It means you can enjoy profitable advertising for your business that too without paying any money.

Advertisements are one of the common targets for Intellectual Property infringement lawsuits. If you are not cautious, you can lose your brand reputation and face financial losses. Here, we have tried to provide vital data that can help you protect your ads and prevent legal troubles. As prevention is always better than cure, before launching any advertising campaign in the future, be sure that it suffice both a general legal perspective and an IP perspective. For more visit: https://www.trademarkmaldives.com

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Dindigul Lock and Kandangi Saree from Tamil Nadu Get GI Tag

Dindigul Lock and Kandangi Saree from Tamil Nadu Get GI Tag

Geographical Indications Registry has recently granted GI (Geographical Indication) tag to Tamil Nadu’s Dindigul locks and Kandangi sarees, thus providing the Dindigul Lock, Hardware and Steel Furniture Workers Industrial Co-operative Society Limited and the Amrar Rajiv Gandhi Handloom Weavers Cooperative Production and Sales Society Limited, that applied for the certification, with exclusive rights over these products.

Dindigul Locks

The high quality and durability of these locks are the reasons; why they are famous worldwide, why the manufacturing city is known as Lock City, and why most government institutions such as hospitals, godowns, temples, and even prisons use these locks rather than the machine-made ones.

Started by Sankaralingachari brothers, the lock-making industry in Dindigul is nearly 150 years old, spread over a wide area of 5 villages in the district and consists of more than 3,125 lock manufacturing units located in Kodaiparailpatti, Kamalapatti, Nagelnagar, Nallampatti, and Yagappanpatti.

The artisans working in this industry use the raw materials like MS flat plates and brass plates procured from the nearby towns such as Salem and Madurai to make around 50 varieties of Dindigul locks. Every lock made by them possesses a unique style and an unusual name like Mango Lock, Export Lock, Door Lock, Almirah Lock, Excise Lock, Trick Lock, Drawer Lock, Square lock, Mango Seven Levers Lock, and Mango Nine Levers Lock.

The availability of plenty of iron in this region is the reason behind the growth of this industry.

Kandangi Sarees

Manufactured in Karaikudi taluk in the Sivaganga district, Kandangi sarees are the hand-woven sarees characterized by their large contrast borders. Sometimes, the borders are so large that they cover nearly two-third part of the whole saree, which is 5.10 m-5.60 m long.

These cotton sarees are being made by the adept weavers of Devanga Chettiars for women of Chettiar community, also recognized as Nakarathars or Nattukottai Chettiars for the last 50 years. They take over a week to make a single exquisite Kandangi saree.  As these cotton sarees well suit the summer season, customers often buy them in bulk.

Traditionally, Kandangi sarees were famous for their unique borders of temple checks design and were all brick-red, black, and mustard, a combination that flatters almost every type of complexion.

Deputy Registrar of Geographical Indications Registry, Chinnaraja G. Naidu, told that Dindigul lock and Kandangi saree have received the GI tag on August 29, 2019, and GI for these products was filed by GI Advocate Sanjai Gandhi and Chennai-based Intellectual Property Attorney. For more visit: https://www.trademarkmaldives.com

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