Strategies to Manage Patent Costs

Trademark Registration

Due to the concerns related to budget cuts, the finance and Intellectual Property (IP) teams of companies that need to obtain patents year after year, are under enormous pressure. Besides, people usually want to get their inventions patented in all countries worldwide, but unable to do so because the process appears quite expensive. Therefore, it is significant for them to use cost-effective strategies that help them in keeping their patenting budget under control.

The below strategies can help the inventors in controlling their patenting costs not just at the time of filing but also throughout the lifecycle of a patent.

  1. Be careful while deciding about the country

There is nothing like ‘International Patent’ or ‘World Patent’ in our intellectual property industry. In other words, no single patent can protect an invention in all the nations of the world. It means if the applicant wishes to obtain patent protection in any country, he needs to apply for the patent in that particular nation. Hence, the foremost step in cost-effective strategies includes market assessment of product potential, the nature of the invention, growth of technology within the lifecycle of the patent, the enforceability of patents, competitors and their filing strategies. Moreover, it is crucial to know how different jurisdictions define patentable or non-patentable inventions. For instance – under the Patent Law of India, Europe, and Canada, the inventors cannot obtain patent rights for methods of diagnosis or treatment.

  1. Go for e-filing services

Intending to improve their carbon footprint, enhance efficiency, and cut costs, IP offices of many countries, including Australia, India, Japan, Brazil, Malaysia, etc., offer e-filing services at preferential rates. Take advantage of these services.

  1. Emphasize translation costs

Translation costs often get highlighted:

  • When filing a Patent Application in jurisdictions where English is not in use as an official language.
  • At the time of verifying a granted European patent in the relevant EPO member states.
  • While the allowance of a European patent.

To reduce the translation costs, you should emphasize English language jurisdictions, remove redundant texts from your patent specifications, and focus on effective patent drafting.

  1. Be familiar with the variations in fee

The patenting fees vary as per two things; the jurisdictions and the claims involved in an application. Claims in the patent application can affect the fees not just at the time of filing a patent but also while requesting its testing and maintaining its validity. Hence, it is beneficial to merge multiple claims into single such that it appears the dependant form of merged ones. Besides, don’t forget to delete the claims that hold limited value and high probability of refusal.

  1. Consider using the Patent Cooperation Treaty (PCT)

By allowing the inventor to file one international patent application, PCT helps him to defer the costs of filing national patent applications in 150 nations by around 30 months from the day of the first filing.

  1. Choose ISA carefully

The process of applying for a patent under PCT involves the selection of ISA (International Searching Authority) to undertake prior art search for ascertaining the inventiveness and originality of the technology for which the inventor is seeking a patent. At present, 22 patent offices operate as ISAs across the world. It is advisable to choose the ISA situated in the nation where you plan to file a national phase patent. You should also consider the time that ISAs takes to produce reports and the quality of these reports while selecting an ISA.

  1. Prefer filing request for examination together with your application

Filing a request for examination at the time of applying for a patent will help you in saving not just money but also the time in jurisdictions that follow a deferred system of testing.

  1. Have the benefit of modified substantive examination option

It is an option, where the IP offices can grant patent even if it corresponds to one already patented in any other jurisdiction. Usage of this option can help you in having the benefits of substantial savings on prosecution costs.

  1. Keep supporting documents in sequence

Ensure keeping supporting documents, like certified priority documents, assignment deeds, or other, handy as it will aid you in avoiding expensive and painful delays.

  1. Don’t miss the expedited processing option

Many national patent offices collaborate through PPH (Patent Prosecution Highway) to streamline and expedite the processing of patent applications. Don’t forget to take advantage of this option.

  1. Make attempts to reduce maintenance fees

Just by declaring your intention to license a patent to any successful or willing third-party, you can reduce the expensive maintenance cost to the least possible extent.

  1. Emphasize strategic abandonment

Strategic abandonment that extends the patent ages can lead to substantial savings in the maintenance fees payable throughout the lifecycle of patents.

Since obtaining and maintaining a patent can leave your company’s finance teams with tremendous strain, it is imperative to use cost-effective strategies that would effectively support your business goals. For more visit: https://www.trademarkmaldives.com

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Lego Group Wins Copyright Dispute Against Best-lock

Trademark RegistrationA Danish toy production company, Lego has won a Copyright Infringement case against Best-Lock construction toys, a British competitor.

While reviewing the case on Thursday, i.e., 25th July 2019, the US District Court for the District of Connecticut determined that the figurines of Best-Lock had infringed several US copyright registrations that Lego had owned in 1994.

The dispute started when Lego sued Best-Lock in 2011. The former accused the later of producing and selling its minifigures.

The court explained that the Best-Lock’s ads had highlighted the interchangeability of its figures and their parts with Lego’s. The defendant claimed that the argument of the plaintiff concerning the copyright registrations is invalid and unreliable; however, the defendant couldn’t provide any evidence for the same.

It added that while specific elements of Lego minifigures are useful, the fact is that the components are functional and do not render the product uncopyrightable. It is beyond dispute that Best-Lock had accessed the copyrighted work of Lego.

The court continued and referred to the evidence of an interview that took place in 2012. In the interview, Best-Lock’s CEO said that since a child is growing up in Germany, he had admired Lego’s toys, but later found that it had copied a British psychologist’s bricks created in the 1940s’. It explained that products sold by the defendant are not only similar to the applicant’s but also indistinguishable. The comparison of Best-Lock’s products with Lego’s clearly shows that the former had copied the original elements of later.

Best-Lock, in defense, argued that it had been selling the toys in the USA market for several years. But, Lego filed a case against it after US Customs and Border Protection seized a shipment of its products, which they perceived were infringing the Lego’s copyrights.

Ruled in favor of the applicant, the court revealed that it would adjudge the defendant’s equitable estoppel defense at a plenary bench at a later date.

US Customs and Border Protection highlighted the reason behind the seizure and said that it carried out this act because Back-Lock infringed copyrights of Lego.

The filing said; the plaintiff had not previously attempted to stop the defendant from trading its figures in the US. Moreover, it had not provided any warning or notice revealing the information about the infringement of its minifigures by Best-Lock’s. Apart from all these facts, the Court emphasizes the direct interaction between Best-Lock and Lego. Took place abroad, i.e., outside the USA, the interaction misleads the former with the thought that the later would not sue it inside the US. For more visit: https://www.trademarkmaldives.com

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Patenting in Pharmaceutical Industry: An Indian Perspective

Intellectual Property

The pharma industry is continuously growing as one of the most profound ‘knowledge-driven’ sectors. Since the researches in this sector are expensive and unpredictable, it is vital to safeguard their outcomes, which can be a new and inventive product or process. Granted patent, which can aid pharmaceutical companies to prevent any unauthorized commercial use of their inventions, is the best means to avoid infringement in this industry. Patents, trademarks, copyrights, and geographical indication are the forms of Intellectual Property Rights derived for safeguarding the Intellectual Property (IP). Remember that not all rights can protect all types of intangible property. For instance – when it comes to pharmaceutical products, patents (out of all the forms of IPR) appear more valuable to protect the inventors’ invention.

What does Patent in Pharmaceutical Industry mean?

Patent, in this sector, refers to the legal protection for the inventors’ inventions, including new and useful medicines or drugs discovered by the research-based pharmaceutical firms. The patent rights on drugs mean that only the patentee can manufacture, use, and sell the patented drug. The patent can also provide solutions for technical issues, but to obtain those benefits by getting the invention patented, the inventors should ensure that their ideas satisfy the criteria of patentability.

What is the Criteria of Patentability in Pharma Industry?

As the Indian Patent Law states – an invention, whether or not related to the pharma sector, is patentable only if it meets the following requirements:

i) Newness/ uniqueness: The process or product must be unique, i.e., it should not be available or known to anybody in the world before the date of filing.

ii) Non-obvious: The invention should include features that make it non-obvious even to the skilled persons, for example – it should have advancements over existing knowledge or methods.

iii) Industrial Applicability: The process or product should fit the relevant industry.  For instance – a new approach of removing tumor cells from the patient’s body is not patented because it is industrially not applicable.

What are the Types of Pharmaceutical Patents?

If dealing with processes or products that pertain to a comparatively more intense ‘knowledge-driven’ industry, i.e., the pharma sector, the inventor should be more careful about patenting his inventions. Alike in other areas, the patents in the pharmaceutical industry are also territorially bound. Note that even the classification of patents varies from country to country and as per the Indian patent law, the pharmaceutical patents are classified under the following categories:

  1. Drug Compound Patents

The patents that claim any drug compound by considering its chemical composition fall under this category. Known as Markush type claims, these patents serve the inventor of a drug with the broadest protection by preventing others from preparing, using, or selling a similar drug. As long as the granted patent is valid, no one except the owner is allowed to produce or use any formulation involving his drug.

  1. Synergistic Combination Patents

Drug synergy happens when two or more drugs interact with each other to magnify or enhance the effects of the drugs. Patent law, granted by the Indian government under this type, allows the inventors to protect the new synergistic combinations of the drugs.

  1. Technology Patents

The patents under this category are associated with the techniques pharmaceutical companies use to solve specific technology-based issues, including taste-masking, stabilization, and increase in the solubility. Once obtained the patent, the inventors can prevent the usage of the same techniques.

  1. Polymorph Patents

Polymorphs refer to various physical forms or crystal structures of an existing compound. Firms produce them to lessen the impurities or upsurge the stability of their already known compounds. Due to the polymorph patents, innovative companies can safeguard the improved versions of their original or existing drugs.

  1. Process Patents

These are the patents that focus on the process of producing drugs rather than drugs. The process patents in India have been bestowing the inventors to produce and get the same products patented, but only if the process used to create them is novel.

What are the Benefits of Pharmaceutical Patents?

  • Patents in the pharma industry contribute to around 80% of the total revenue generated and is the main component adding to the growth of a drug manufacturer.
  • The granted patent is vital to protect not just products but also the innovative approaches to produce them.
  • By preventing the competitors or others from copying any drug, treatment, or medication, patent rights avoid patent infringement.
  • Patents in the pharma industry help in obtaining a remarkably good return on the high investments made to research, manufacture, and launch a new drug.

Aiming at balancing and fulfilling the requirements of both; the pharmaceutical companies and the consumers, the patent law in India is one of the best examples of patent legislation. Today, a wide range of pharmaceutical products and processes can obtain patent protection. However, before filing the Patent Application, the researchers or inventors of pharmaceutical products or processes must know about the criteria of patentability and the type of patents. It will aid them in obtaining the benefits of patent protection without any hassle. For more visit: https://www.trademarkmaldives.com

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Advantages of Patent Registration in India

Intellectual Property

What is a patent? Is getting a patent beneficial? These are some common questions that can commence hovering over the mind of inventors when they come up with new inventions and attempt to relate them to patenting. A patent is one of the most exclusive Intellectual Property Rights (IPR) granted to an inventor by his country’s government for his unique invention. It empowers the inventor to prevent others from copying, modifying, trading, or importing the invention without his consent. The patent protection continues throughout its lifespan, which is country-specific. In India, the tenure of a patent lasts for 20 years right from the date of filing. It is vital to note that after this duration, anyone can use the invention. The granted patent can bestow the applicant with an umbrella full of benefits.

How is the patent registration in India beneficial?

Patent Law inspires people to come up with more and more ideas as once the patent is granted; the inventor becomes the only owner of his invention. The patent rights being different from other types of Intellectual Property (IP), can be bought, sold, or licensed. As these rights are territorial bound, one country’s patent provides the rights applicable within that nation only. For instance, the patent granted in India gives the owner rights that help in avoiding infringement issues by preventing unauthorized users from importing or using the same ideas within Indian Territory. Apart from inventors, the patent system leads to the growth of the nation’s economy by benefitting the public with affordable services.

After obtaining a patent, the owner can grab a lot of advantages. Let’s go through some of them.

  1. Provides exclusive access to all rights even at early filing

The benefits start serving the inventor from the first step of patent registration means the time when he applies for the patent. As soon as the applicant files the Provisional Patent Application, he will get the security and surety that no one else could claim the same invention, exclusively within 12 months. If any other person or company files  a similar Patent Application, the request will get rejected for the filing period.

  1. Authorizes complete freedom of reforms

The granted patent entitles the inventors to do anything with their ideas for the valid duration, which is 20 years in India. Within this period, no one can use, sell, or modify the original invention without the owner’s consent. Moreover, the inventor owns all the rights to sue the unauthorized user for using his ideas as such usage leads to patent infringement, which is a criminal offense.

  1. Generates ROI (Return on Investment)

If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can easily do so. The patent rights allow him to commercialize the invention while earning a good amount of returns on his investments.

  1. Gives a good market status

The patent law permits the inventor to obtain a remarkable public impression and improve his portfolio by disclosing the invention in the public domain. It further aids him in building up his reputation in the market and a good relationship with competitors and consumers. All these factors will ultimately upsurge his profits.

  1. Allows public disclosure

Patent rights enable the inventor to go for public disclosure that not just builds his portfolio but also increases the company’s funds, business partners, and market value. Sharing information publicly regarding the invention will demonstrate the good command and specialization of the inventor over the technical subject-matter. It will benefit the owner by attracting high-end and leading investors, business partners, shareholders, and consumers.

Why is getting patent for an invention crucial?

If the owners do not get their invention patented, then others can steal their ideas, and obtain all the above-given advantages. After going through the information provided above, one can conclude that if an inventor tries to get a patent, he should have enough knowledge about various things, like the IP industry, market scenarios, patent laws, and competitors. The inventor needs to move step by step and remember the deadlines, along with constantly keeping tracks of patent legal standards as well as required documents. However, getting a patent appears a bit tough job but earning something in your name for a certain period is worthy. For more visit: https://www.trademarkmaldives.com

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Israel Patent Office Issues a New Patent to Microbot

Intellectual Property

Microbot Medical, which is a pre-clinical medical device company, recently announced that it has received a Notice of Allowance for one of its Patent Applications from Israel Intellectual Property Office. The recently granted patent whose patent application number is 231815 pertains to a system to reduce shunt stenosis. Intended to continue diversifying and expanding its Intellectual Property (IP) portfolio, Microbot has filed numerous patent applications. And now, after getting the latest Notice of Allowance, the company holds 33 issued patents and 18 pending patent applications globally.

The co-founder of Microbot Medical, HarelGadot, explained that one of their objectives is to leverage their advanced robotic technologies and explore the opportunities to get the most out of the market. The present dialysis market is available with an alternative to the existing standard of care and an umbrella full of market opportunities for their self-cleaning dialysis shunts. The allowed patent empowers them to expand and safeguard the product offerings they will be bringing in the future while assuring sustainable competitive advantages. They have faith that their firm will increase the patients’ benefits while decreasing the healthcare costs as shunt occlusion is a common complication.

The system mentioned in the patent emphasizes lessening venous stenosis related to the usage of hemodialysis shunts. The process that pertains to this system starts by inserting a cleaning device into the patient’s blood vessel. There are two needle bores, out of which the first one is set to be removed later on, while the second one is set to return the purified blood into the blood vessel.

The clearing device, when in use, contacts with the walls of the blood vessel and acts as a passive device moved down the blood vessel by the flow of blood or an autonomous crawling device, like the TipCatTM device of the company.

As per the USRDS (U.S. Renal Data System), around 750,000 patients in the United States and 2 million patients worldwide get affected by the end-stage renal disease (ESRD) per year. With the continuous increase in the number of patients incurring with the same disorder, dialysis appears the only alternative to kidney transplantation in today’s time.

Dialysis, also known as hemodialysis, refers to a process of purifying the blood of the patient suffering from kidney failure. The process emphasizes using an external circuit to pump the victim’s blood for filtering before it returns into the body. A typical hemodialysis is scheduled for three sessions per week, and each session is of 3-5 hours. For more visit: https://www.trademarkmaldives.com

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What can’t be Copyrighted?

Copyright Registration

In the present highly competitive world, everyone wants to make more and more profit. For this, people sometimes may follow the unlawful path of copying and using others’ work without seeking permission. To avoid such happenings that lead to infringement of their work, owners usually use copyrights. Undoubtedly, the Registered Copyrights facilitate the original creators to prevent unauthorized users from making profits in this manner. However, this way of avoiding infringement issues does not apply to all sorts of things. So if you have written the upcoming hit song, crafted a slogan, or come up with a recipe, ensure whether you can copyright them or not.

Things that can be Copyrighted

Intellectual Property Rights (IPR), including copyrights, trademarks, and others are country-specific. Here, we are discussing the rights as per the US Copyright Office, which states that copyrights protect the things that exist in tangible form.

The Copyright Law extends to the protection of the author’s original work, which is in tangible form. The word “Original” signifies that the owner created the work by his intellectual efforts, not by copying it from any existing one. The protection may extend to an explanation, illustration, or description in written form.

In other words, we can say that copyrights cannot protect the idea you shared with anyone verbally. However, if you write down that idea, then it is likely to get copyright protection.

Note that a few things are unable to attain protection by copyrights even if they are in tangible form.

Things that can’t be Copyrighted                                    

  1. Ideas, Systems, or Methods

Things like ideas, methods, or systems cannot be copyrighted. Items included in this section are building materials, business operations or processes, mathematical principles, formulas, algorithms, and scientific or technical approaches. Copyright law safeguards the expression of ideas or thoughts, not the ideas themselves. An idea signifies a work that does not exist in tangible form.

  1. Commonly Known Information

It includes things that hold no known (original) authorship and thus, considered as common property. For example – statements like “The sky is blue” cannot get copyrighted. It is because no known authorship is associated with such statements. Other examples encompass standard calendars, telephone directories, rulers, tape measures, lists or tables derived from public documents, and height and weight charts.

  1. Choreographic Works

Choreographic works, regardless of them being original or not, cannot attain copyright protection unless their creator either videotape or notate them. The same policy applies to speeches, and the owners are unable to get the copyright if they don’t transcribe their speeches before or after giving them.

  1. Blank Forms

Copyright protection is not applicable in case of blank forms, including time cards, diaries, graph papers, and address books.

  1. Names, Titles, Phrases, or Expressions

Copyrights don’t emphasize protecting the catchy slogans, product descriptions, titles of works, pseudonyms, and names you came up with for representing your business. Ingredients of recipes, formulas, prescriptions, or label also fall under the same category. However, copyrights protect exceptions like cookbooks that provide instructions and explanations.

  1. Useful articles

Copyright law does not consider protecting things that have utilitarian functions. For example, clothing, home appliances, and automobiles. However, exceptions such as building design can be copyrighted because it is an artistic expression also.

  1. Laws

It includes all those works that fall under the public domain, such as cases, regulations, constitutions, court decisions, and statues.

  1. Work by the federal government

The federal US government creates a wide range of works. All these works including memos, rules, reports, and documents, are not permitted to get copyrighted. On the other hand, state governments are liberal to copyright their work.

Bottom Line

Though copyrights facilitate the Intellectual Property (IP) owners to protect their assets, yet it is not prudent to completely rely on these rights as they don’t cover everything. However, the creators do have some other approaches, namely trademarks and patents, to protect those things that are not protected by copyright. So rather than being worried by thinking that copyrights do not apply to the protection of some assets, it is vital to understand what copyrights can or can’t safeguard. Apart from this, you should also have insight into which type of Intellectual Property Rights can be used to protect the product that copyrights cannot. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Rights in 3D Printing Industry

Intellectual Property

With the availability of low-cost and high-performance 3D printers that are affordable to almost everyone, including large organizations and ordinary consumers, 3D printing is emerging as a remarkably beneficial technology for various industries. The potential use of this technology goes wider and generates both opportunities and concerns for manufacturers by facilitating them to easily manufacture objects whereas unauthorized users to effortlessly copy their products. Hence, to utilize the opportunities without coming across worries, it is vital to understand how the expanding use of this potentially transformative technology can have an impact the Intellectual Property Rights (IPR).

Working of 3D Printing Process

The 3D printing process refers to a technological way of using a computer-aided design model to build up a three-dimensional object, usually by adding layer by layer. The process begins with a digital file that is exported to a three-dimensional printer by deploying software that converts the digital model into a physical object. As this process builds up a molten material by adding layers (one after the other), some people call it additive manufacturing.

Since the 3D technology is developing at a rapid pace, businesses predict that it will soon attain a considerable position in almost every area ranging from food and fashion to regenerative medicines and others.

Benefits of 3D printing

The innovation-intensive companies enjoy various advantages, by using the 3D printing technology, as it:

  • Enables the companies to design, develop, and test the new objects with remarkably reduced expenses
  • Helps the enterprises in saving their financial assets by preventing them from paying for costly prototypes
  • Allows the firms to improve their current products

By considering the changes that 3D printing brought in the ways of manufacturing objects, it is correct to say that this technology can significantly impact the manufacturers’ Intellectual Property Protection.

Intellectual Property Procurement

Firms that design, develop, or sell the 3D printers, parts, or accessories, possess the same opportunities to protect their Intellectual Property (IP) as those in other industries.They can trademark their brands, patent their technology, and copyright their creative works. Not only objects or works but 3D printing methods are also patentable.

Avoiding unauthorized 3D printing

People who are dealing with objects based on 3D printing technology are susceptible to get infringed by unauthorized users. However, the strategies to battle against infringements in regards to 3D printing vary according to the way of infringing. Consequently, the owner may need to consider different approaches for addressing infringement by a customer, a competitor, or other.

Competitors

Restraining competitors from using others’ trademark, copyright, or patent in the 3D printing arena is similar to doing that in other industries. However, the forms of IPR, like Design Patents and copyrights, which the owners can obtain quickly, may seem more valuable to avoid infringement issues in this field.

Copyright rights in the 3D printing industry enable the creator to protect the originality of his work. As per Copyright Law, if he finds anyone violating his work, it is likely for him to get the relief by filing a case against the defendant. Apart from it, the patent protects the objects’ technical functionality, the trademark enables owners to distinguish its source from others, and the design rights safeguard its ornamental and aesthetic appearance, including the shape and form.

Customers creating replacement parts

One main area where infringement related to 3D printing technology appears considerably high is ‘Printing replacement parts.’ Instead of purchasing the replacement parts from the original manufacturers, a large number of customers prefer making them on their own. Original manufacturers or suppliers can prevent such happenings by using utility patents or copyrights applicable to safeguard certain replaceable parts.

Consumers sharing infringing files

Sharing of CAD files, whether recreated or stolen, can lead to infringement.  However, the owners can prevent such occurrences by implementing relevant intellectual property protection strategies.

Copyright and trademark rights should extend to CAD files used to create objects, which deploy underlying IP rights so that the use of those files itself displays an act of infringement. To overcome the fact that the patent rights in the 3D printing industry are unlikely to extend to the CAD files of objects, manufacturers themselves can pursue the patent protection of their files. It would help them by showing that the copying of a stored CAD file is a direct infringement act.

Conclusion

With 3D printing technology, incredible manufacturing capabilities are accessible to almost everyone in the present era. However, this affordable solution can lead to concerns, like breaching IP rights, thus leaving rights holders with difficulties in finding infringers and taking action against them. So, people should pay attention to the influences of this technology on the intellectual property industry and vice-versa. It will help them in attaining the best out of 3D technology-based objects and services without suffering from any issue. For more visit: https://www.trademarkmaldives.com

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Innoviti Sues Pine Labs for Violating its Patent

Intellectual Property Rights

Innoviti Payment Solutions, a Bengaluru-based digital payments provider on 17th July 2019, revealed that it has recently filed an infringement suit against Pine Labs Pvt Ltd. The case was filed in Bengaluru City Civil Court on 11th July 2019, which revolved around a processing technology enabling UPI payments at retail POS (Point-of-Sale) terminals.

Innoviti has been granted an ex-parte ad interim injunction against the defendant by the Court, and the same came into effect on 16th July 2019. Being effective immediately, it prevents Pine Labs Pvt Ltd from manufacturing, advertising, distributing, selling, and exporting this technology by using its ‘Plutus Smart’ or any other device in India.

As per the complainant, the Indian Patent Office had granted a patent to its invention for processing of payments through transaction-specific dynamic-QR technology on 15th March 2019. Patent rights for its patent number – 309274 will be in force till 29th March 2037.

How does this transaction-specific dynamic-QR technology work?

The technology enables payment processing using UPI, Bharat QR, and various other QR-based payment types via Point-of-Sale devices that companies generally use for accepting debit and credit card payments.

The dynamic QR technology, which is different from a single static-printed QR code, generates a unique code for each payment transaction. Moreover, when compared to static QR-based payments, dynamic QR codes ensure less error-prone cashier-customer interaction, better fraud control, and more secure transaction.

Innoviti said that it has not just licensed the same technology to several partner financial organizations but is also in discussion with more at present.

Bengaluru-based Innoviti is backed by many investors, like:

  • Catamaran Ventures,
  • SBI Ven Capital, Singapore,
  • Bessemer Venture Partners, US.

Chief executive at Innoviti, Rajeev Agrawal said that it was just like a shock to hear from one of their employees that a shop in Bengaluru is using the same technology. He said that they came across several instances indicating that many Indian commercial organizations, which deal in selling and offering for sale payment devices, may infringe their patent. Therefore, they have started legal enforcement of their Intellectual Property Rights (IPR), like patent rights.

The plaintiff added that Innoviti processes near about $5 billion of payments across India from over 1000 cities annually and has filed sixteen Patent Applications in various payment technology areas. For more visit: https://www.trademarkmaldives.com

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Guidelines to Prevent Intellectual Property Issues in the Virtual World

Trademark Infringement

Virtual reality (VR) is a technology that has been surrounding us, in different forms, for the past many years. Although the technology is in effect since the mid-twentieth century, the hike in its popularity came now due to the rapid technological advancements in mobile data and other relevant services. As the cost of VR devices is falling continuously, even ordinary people can afford them at the moment. Therefore, large numbers of entrepreneurs are striving to make profits by driving remarkable consumers through advanced and affordable VR services. If you also want to grow your business with the help of this technology, don’t forget to emphasize some legal considerations.

Below is the crucial information that will aid you in evading issues related to your Intellectual Property (IP) assets while investing in virtual reality technology

Virtual Reality

VR or virtual reality is a simulated technological environment, including the computer-generated, three-dimensional images that enable the users to communicate to the real world by utilizing electronic gadgets, such as:

  • Sensor-fitted gloves
  • Helmets having a special screen

These environments are self-contained and thus, do not allow people to have direct interaction with the real world.

Trademarks

Usage of third-party marks is the main thing people need to consider in association with trademarks related to VR. Virtual Reality technology-based service providers who want to deploy third-party marks on their headsets or in their content should use them after getting permission from the owner. As the incidental inclusion of Registered Trademarks is not always fair, sometimes it may result in Trademark Infringement issues. Hence, it is better to use the marks after being permitted.

If any entrepreneur provides VR service by using a mark in the course of trade for driving commercial benefits, then he or she appears to (intentionally or unintentionally) infringe that mark. For instance, if a service provider (in a fashion-based VR or a game) starts selling an item having a third-party mark on it, he possibly infringes the trademark. It is true even in cases where the businesses use virtual currency.

Copyrights

No matter, whether you are using or not using the copyright-protected assets in the course of trade or anything else, accessing the assets without being allowed by the owner can lead to Copyright Infringement. VR environment facilitates the users with a lot of options to utilize the original creative images, text, videos, and music, but with the considerable risks of infringing others’ rights.

VR software also allows businesses to use the work by altering or modifying it. As per the fair use doctrine, people can deploy or change copyright-protected assets without seeking permission from owners. But note that this policy is not applicable everywhere and thus, can make the users face legal concerns in many cases. Therefore, it is vital for the service providers to use, change, or reproduce the work after attaining permission for the same.

Conclusion

Everyday news, rapidly growing usage, and many other things regarding virtual reality are resulting in predictions that it could be the next big thing, which will serve the digital market with remarkable benefits. But as the legal considerations around this technology and their implications are continuously increasing, there is a dire need to understand it in the context of Intellectual Property Rights (IPR).Not just trademarks, copyrights, and patents, but many other legal subjects, including product liability, data protection, etc., are also related to the new virtual reality age. For more visit: https://www.trademarkmaldives.com/

Delhi HC Restrains Prasar Bharati from Infringing the ‘Dish TV’ Trademark

Trademark Infringement

The Delhi High Court (HC) has recently restrained Prasar Bharati from infringing the trademark of Dish TV. Justice Rajiv Sahai Endlaw has passed an interim order in which he said that during the suit’s pendency, the public service broadcaster was restrained from continuing Trademark Infringement of the mark “Dish” of Dish TV India Ltd for its DTH (Direct to Home) service. He ordered the defendant to stop using any mark, including the word DISH, whether it is DD FREE DISH or other.

The Judge expressed his disappointment and said he was dismayed that a famous public sector enterprise is infringing another’s trademark and on being objected, refused to act reasonably.

The High Court continued by saying that at least now the officials responsible for conducting the business of Prasar Bharati are expected to pay attention to the matter and take call, whether it is worth opposing the case or not. Prasar Bharati has three months to bring up a new name in front of its subscribers and customers.

Senior advocate Sandeep Sethi and lawyer Sudeep Singh representing Dish TV have filed the case for a permanent order to restrain the defendant from offering its services by adopting a name, including DISH.

On the other side, Prasar Bharati refuted the case saying that DD Free Dish is quite different from DISH TV, and thus holds no possibility of misleading anyone. Moreover, DISH is a general word that describes equipment, which functions by receiving signals from satellite and no DTH platform can work without Dish Antenna.

The court disagreed with the argument of the defendant and continued that although the mark of Prasar Bharati holds the word ”DD”, which in all senses is associated with Doordarshan, there is no assurance that the same cannot confuse the consumers. Though a bit similar yet the mark can break the connection or fade the identity, which is there in the consumers’ minds. It is possible for the subscribers and consumers to come across a misconception that the complainant, in association with Doordarshan, is offering certain channels for free. Apart from this, such association can result in several opinions that uplift the consumers’ desire for getting the plaintiff’s services for free, thus raising issues for complainant.

At last, the court said, Trademark Law emphasizes preventing such happenings and therefore, on finding the possibilities of such opinions, it has to come to action and stop infringement.  For more visit: https://www.trademarkmaldives.com/