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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