Govt. of India Rewards IIT Madras with IP Awards for 2021, 2022

Govt. of India Rewards IIT Madras with IP Awards for 2021, 2022

The Government of India has recently granted the National Intellectual Property Awards for the years 2021 and 2022 to the Indian Institute of Technology, Madras. The said University has been recognized as the top Academic Institution in the nation for the filing, grant, and commercialization of patents.

According to the official press release, the said awards are granted by the Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India. Piyush Goyal, the Honorable Union Minister of Commerce and Industry, gave the awards to Professor V. Kamakoti, the IIT Director, at an event held on 15th October 2022 in New Delhi. The awards included a cash prize of Rs. 01 lac, a trophy, and a citation.

In an official statement delivered during the press release, Professor V. Kamakoti said that if any nation wants to become a world leader, safeguarding Intellectual Property (IP) is exceedingly vital. He further said that the awards granted to IIT Madras undoubtedly motivate the University to generate and protect more and more IP assets of societal impact leading to Atmanirbhar products during the Amrit Kal.

As per the official press release, the Dean at IIT Madras, Professor Manu Santhanam (Industrial Consultancy and Sponsored Research), stated that the University offers a fantastic research and innovation environment, which results in bringing out the best of its scientists, including the staff, students, and faculty members. He further mentioned that the IP Office of IC&SR also offers complete support for Patent Filing and technology transfer to the faculty members. He even said that access to the relevant search tools and highly qualified Patent Attorneys helps the University’s patent filing efforts.

The National Intellectual Property Award is presented to praise and reward the top institutions, achievers, enterprises, and individuals for their IP creations and commercialization, which contribute immensely towards strengthening the IP ecosystem in India. It is also granted to encourage their creations and innovations.

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E-Commerce Giant Amazon Launches IP Accelerator in the United Arab Emirates

E-Commerce Giant Amazon Launches IP Accelerator in the United Arab Emirates

E-commerce giant Amazon has recently launched an Intellectual Property (IP) Accelerator program in the United Arab Emirates (UAE), thereby making it convenient and more cost-effective for small and medium-sized businesses (SMBs) to obtain Trademark Registration, safeguard their brands, and tackle infringing products on Amazon.ae.

Available to any and every other brand selling on Amazon.ae, IP Accelerator directly connects SMB owners in the nation with a curated network of local law firms charging pre-negotiated, reduced rates on the prime services, thereby giving SMBs access to expert and professional legal and general advice on IP that may otherwise be cost-prohibitive or arduous to determine.

The Vice President at Amazon for the Middle East and North Africa, Ronaldo Mouchawar, said that Amazon is committed to supporting sellers, irrespective of their size, and introducing and innovating new resources to help them grow their businesses online confidently and keep connecting with millions of customers. He further said that Amazon is excited enough to launch the IP Accelerator program in the UAE, which is another tool that shall help businesses save effort and time as they safeguard their brands and gain customer trust.

In the UAE, the growth of the IP Accelerator program shall enable brands and businesses to connect with law firms and file Trademark Applications with the United Arab Emirates Ministry of Economy, thereby making it simpler and cost-effective for SMBs to obtain exclusive Trademark Rights along with safeguarding their brand names and tackling counterfeit products. The said program facilitates the process by working with law firms and attorneys holding expertise in drafting trademark applications and removing or dealing with common obstacles that could otherwise delay the trademark registration of a mark.

In addition to Amazon’s IP Accelerator program, its brand protection tools help businesses of all sizes to safeguard their brand and IP assets even when their trademark applications are pending. Amazon’s Brand Registry is a free-of-cost service providing SMBs with powerful tools to help them protect and manage their brand name and exclusive trademark rights in Amazon stores. Brands and businesses benefit from Amazon’s automated and data-driven protections specializing in proactively removing inaccurate or suspected infringing content as well as from tools that enable them to detect and report a suspected infringement. Enrollment in Brand Registry also offers brands and businesses extensive influence over product information displayed on Amazon’s product detail pages to help customers make informed and confident buying decisions.

Amazon does not ask selling partners to pay some amount to use the IP Accelerator program; SMBs pay their law firms directly for the work done at pre-negotiated, reduced rates.

Businesses interested in using the IP Accelerator program can visit the link given below:

https://brandservices.amazon.ae/ipaccelerator

Law firms and attorneys interested in participating in the program can use the link given below:

https://brandservices.amazon.ae/ipaccelerator/contact

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Delhi High Court Directs Telegram to Reveal its Channels’ Source & Details

Delhi High Court Directs Telegram to Reveal its Channels’ Source & Details

The Delhi High Court (HC) has recently directed the globally accessible freemium, cloud-based, cross-platform instant messaging service, Telegram, to go against its privacy policy and reveal the source and details of its channels. The Delhi HC wants the platform to disclose the details of channels and devices used to disseminate alleged copyright infringing content, along with the email ids, IP addresses, and mobile numbers of such users, in a sealed cover.

By dismissing Telegram’s argument, which said that it couldn’t reveal user information as the same would infringe upon its privacy policy and the laws and regulations of the jurisdiction where its physical servers are located, Justice Prathiba M. Singh stated that even under the provisions of the IT Act, including Section 79(3)(b), Telegram is responsible for expeditiously removing or disabling access to the unlawful material or content, without vitiating the evidence in any manner.

In this case, the Delhi HC was dealing with a lawsuit filed by plaintiffs Neetu Singh and K.D. Campus Pvt. Ltd, seeking a permanent injunction restraining Copyright Infringement, damages, and other relief concerning the unauthorized dissemination of the plaintiffs’ books, lectures, videos, etc.

In the 51-page long order given by the Delhi HC to Telegram, the Court said that Indian courts would be appropriately justified in ordering Telegram, which runs its significant and massive operations in India, to adhere to the Indian laws and regulations, and orders passed by them for disclosure of crucial information relating to infringers.

The order further mentioned that just because of Telegram’s argument stating it chooses to locate its server in Singapore, the same can’t result remediless against the actual infringers. It even asserted that if such arguments are accepted, specifically in the present era, where most dissemination takes place through online messaging platforms and services, then Intellectual Property (IP) violations and infringements would go entirely unchecked.

The order specified that the provisions of the IT Act and the Rules made therein have to be construed harmoniously with remedies and exclusive rights provided to the copyright owners and holders under the Indian Copyright Act. As per the order, the Indian courts are competent enough to decide issues concerning copyright infringement; the mere fact that Telegram runs a messaging service in India and chooses not to locate its servers in the nation can’t deprive the Indian courts of dealing well with copyright-related disputes or the copyright owners of availing their remedies in the Indian courts.

The order even mentioned that in the current era of cloud computing and declining national boundaries in data storage, the conventional concepts of territoriality couldn’t be applied strictly, which is why the dynamic evolution of law is crucial to ensure appropriate remedies in copyright infringement instances and violation of other IP laws. For more visit: https://www.trademarkmaldives.com

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Indian Government Plans to Fund 10k Patents from Educational Institutes Every Year

Indian Government Plans to Fund 10k Patents from Educational Institutes Every Year

According to a top official’s recent statement, the Indian Government shall soon come up with a scheme to fund 10k Patent Applications from educational institutes every year. This move’s ultimate aim is to motivate and encourage more students and faculty members to safeguard their Intellectual Property Rights (IPRs) well. Furthermore, as per many officials, the scheme shall help the higher education institutions of India to improve their rankings worldwide by performing well in the domain of research and development.

The Chairperson of the University Grants Commission (UGC), M Jagadesh Kumar, said that the scheme in question would help the students of higher education institutions and faculty members seek funding from the Indian Government to patent their innovations and inventions. He further added that around 10k patent applications would be funded by the Commission every year.

Mr. Kumar said that as part of the scheme – the higher education regulator would invite students and faculty members from colleges and universities to submit their patent applications. He mentioned that in their university system, the major focus is on publishing papers; however, the ecosystem today has changed, due to which there is a dire need to protect Intellectual Property (IP). According to Mr. Kumar, the upcoming scheme would encourage the students and faculty members to go for patenting.

The Chairperson of IPRs at the Delhi University, AK Prasad, said in a recent statement delivered that the move to institutionalize funding for patents is now welcome, which shall help evaluate the commercial value of patents and also lead to the commercialization of more patents.

Filing patent applications can undoubtedly be a costly affair. The cost of filing a patent application lies between Rs. 10k and Rs. 15k in India; however, in countries such as the United States, the cost of safeguarding innovations in the form of patents can run into lacs.

According to Mr. Prasad, filing patents is less of a problem than the maintenance that comes into the picture after the patent grant. He said that a patent requires continuous input of money the moment it gets filed as the owner has to pay against every inquiry and revision. He further mentioned that once the patent gets published, it requires a maintenance fee for twenty years and that maintenance fee is a big issue in India’s patent system.

Let’s say you have a project and file its patent application today. Now let us assume that tomorrow the project gets over. In such a scenario, you can’t maintain the patent. Now that is where the scheme in question shall prove to be beneficial. According to Mr. Prasad, the UGC shall cover patent maintenance under the proposed scheme.

For quite a while, the education ministry has been encouraging students and faculty members in higher education institutions across the country to patent their innovations and inventions. In May 2022, the Minister of Education and Minister of Skill Development and Entrepreneurship in the Government of India, Dharmendra Pradhan, said in a seminar organized at the Delhi University that the times are now changing, and the citizens of India aren’t being able to patent their innovations. In this matter, he suggested that Delhi University could begin a short-term diploma course on the patent grant process.

Although there has been an upward trend of patenting in the Indian Institutes of Technology (IITs) over the past few years, other higher education institutions in the nation are still catching up.

According to Mr. Kumar, the upcoming amendments in the Ph.D. regulations would also recommend students and faculty members file patent applications for their innovations and inventions. He also mentioned that while the UGC is putting an end to the mandatory requirement of publishing research papers in peer-reviewed journals for submitting the thesis, they strongly recommend that students and faculty members patent their innovations. For more visit: https://www.trademarkmaldives.com

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Manolo Blahnik Emerges Victorious in Decades-Long Trademark Dispute in China

Manolo Blahnik Emerges Victorious in Decades-Long Trademark Dispute in China

One of the world’s most successful shoe designers, Manolo Blahnik, has recently won a trademark dispute in China concerning the right to use his name in the nation, thereby ending a costly 22-year-old legal battle.

China’s highest court, in a rare ruling recently, canceled a trademark incorporating Manolo Blahnik’s name and owned by Chinese businessman Fang Yuzhou. This ruling shall enable Blahnik, who started his business in 1971 in London and got his shoe brand made famous by its celebrity fans and regular appearances in HBO’s TV drama Sex and the City in the early 2000s, to sell his brand in the fastest-growing luxury market in the world for the first time.

The Chief Executive of Manolo Blahnik and the founder’s niece, Kristina Blahnik, said in a recent statement delivered that being unable to capture the Chinese market was a huge hole in the brand’s existence; so, when the brand got the call, genuine tears were shed.

In China, there is a ‘first-to-file’ Trademark System, due to which many foreign companies fall into the hands of ‘pirates’ who try to sell trademarks when such businesses or brands enter China. As per one lawyer familiar with such cases and lawsuits, even small start-up-based British designers often come across their names already registered as trademarks in China.

Intellectual Property (IP) theft and infringement have been a source of major tension between China and its trade partners, specifically the United States. In recent years, things have somewhat shifted in China due to the amendments implemented in the nation in November 2019 designed to strengthen the Trademark Legislation. Consequently, there have been some high-profile wins for international brands in Chinese courts lately.

In 2021, one of the world’s major sports footwear and apparel manufacturers based out of the United States, New Balance, won a Trademark Infringement lawsuit against two local companies for imitating its ‘N’ logo and received Rmb25mn in damages. The company is now among the largest compensations granted to international brands in trademark court disputes.

Former National Basketball Association superstar Michael Jordan could stop Qiaodan Sports, the Chinese sportswear manufacturer, from using his trademark in a 09-year trademark infringement lawsuit. Jordan argued by saying that Qiaodan, which is the literal Chinese translation of his name, had infringed upon his exclusive rights.

Other international luxury brands, including British luxury goods brand Dunhill and Italian luxury fashion house Zegna, have also emerged victorious in trademark infringement lawsuits in China.

Manolo Blahnik had multiple earlier appeals rejected in China as the brand could not prove its reputation and image in the nation before 2000. Also, the legal experts believed that Fang Yuzhou appeared to be actively using the trademark for a shoe label he owned shares in during that period.

As per Kristina Blahnik’s statement delivered, the company’s plans for expansion in the Chinese market are still in the initial stages; however, she hopes to begin selling directly in the nation by the second half of next year. She said that the brand wouldn’t be racing with a rocket into China but instead walking gently.

According to an IP lawyer at a law firm in China, the ruling in question shall enable Blahnik and its retailer partners to sell their products in China without fear of legal retaliation and fight counterfeits being sold in and exported from the nation.

The privately-owned shoemaker shall face heavy competition from luxurious brands such as Louis Vuitton.

As per the most recently filed accounts, Manolo Blahnik had sales of €42.3mn in 2020, which is 7% down from that of the previous year due to the COVID-19 pandemic. While the brand has not directly sold its products in China, it has courted Chinese luxury consumers through stores in Hong Kong, Seoul, Tokyo, Singapore, and Taipei. For more visit: https://www.trademarkmaldives.com

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India Stays Among Challenging Economies Concerning IP Protection, Says USTR

India Stays Among Challenging Economies Concerning IP Protection, Says USTR

India remains among the most challenging economies worldwide concerning the protection, management, and enforcement of Intellectual Property (IP). The Office of the US Trade Representative (USTR) said the same in a recent report as it decided to retain the nation on the Priority Watch List 2022.

The USTR designated seven nations, including Argentina, Chile, China, India, Indonesia, Russia, and Venezuela, on the Priority Watch List under its 2022 Special 301 Report.

The USTR mentioned that Ukraine’s review has been suspended, keeping in mind the unprovoked and premeditated invasion of the nation.

In one of the sections of the report dedicated to India, the USTR said that the nation has remained at odds with its progress on the protection, management, and enforcement of IP. It further stated that although India made significant progress in some areas over the past year to promote IP protection, management, and enforcement, it couldn’t resolve the recent and long-standing challenges and created new matters of concern for the rights holders.

The report even specified that India’s accession to the World Intellectual Property Organization (WIPO) Copyright Treaty and WIPO Performances and Phonograms Treaty, together known as the WIPO Internet Treaties, in 2018 and the Nice Agreement in 2019 were undoubtedly positive steps towards the ultimate path of IP Protection.

On the contrary, the USTR mentioned that the potential threats of narrow patentability criteria, lack of presumption of patent validity, and patent revocations under the Indian Patents Act affect business companies and brands across different industries.

The USTR stated that in spite of India’s repeated justifications for limiting the IP protection as a way to encourage and promote access to technologies, the nation imposes pretty high customs duties on IP-intensive products, including pharmaceuticals, medical devices, solar energy equipment, information & communication technology products, and capital goods.

The USTR also said that it is continuing to monitor closely the restriction on the patent-eligible subject matter under Section 3(d) of the Indian Patents Act and its impact specifically on the pharmaceutical industry.

The report even mentioned that pharmaceutical stakeholders also express their concerns and issues time and again as to whether India has an efficient mechanism for the early resolution of potential patent disputes and lawsuits, specifically the shortcomings in notifying interested parties about marketing approvals. For more visit: https://www.trademarkmaldives.com

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New Trademark Filings By Amex Suggest A Possible Entry Into The Metaverse

New Trademark Filings By Amex Suggest A Possible Entry Into The Metaverse

The multinational corporation specializing in payment card services, American Express (Amex), has recently filed seven Trademark Applications linked to virtual services and some of its iconic designs and logos, hinting at a possible entry into the metaverse. This move suggests that the major credit company is looking forward to joining its financial peers Visa, J.P. Morgan, and Mastercard in exploring the Web3 applications of its Intellectual Property (IP) assets.

As per the Trademark Filings submitted with the US Patent and Trademark Office (USPTO), the world’s second-largest payments processor, Amex, may be preparing to offer virtual concierge services concerning credit card transactions in the metaverse and other virtual worlds. The trademark applications filed include proposed trademarks for using some of Amex’s branding and logos with virtual payment cards, performing banking services in the metaverse, and utilizing its cards in an NFT (Non-Fungible Token) marketplace.

Many companies and firms across the globe have hinted at expanding into the metaverse following Facebook’s announcement last year in October concerning its rebranding to Meta. The social media giant at that time said that with Meta, it plans to create a virtual environment for connecting online social media experiences to the outside physical world.

While some well-known banks have been hesitant when it comes to cryptocurrency, many others have been engaging well with blockchain-based technologies.

Earlier this year in February, the American multinational financial and investment services bank, J.P. Morgan, entered the metaverse with the launch of a virtual lounge in Decentraland, a blockchain-based 3D virtual world. Even major sports apparel and footwear companies, including Nike and Adidas, have created virtual shops and crypto-related products, respectively, in the metaverse. Also, in December last year, the South Korean multinational electronics corporation, Samsung, launched a metaverse store.

Other major credit card companies such as Mastercard and Visa have slowly begun to accept the demand of their users for buying cryptocurrencies using fiat with their cards or else embraced the digital asset space. Mastercard first announced its plans last year in February to support cryptocurrencies, while the decentralized finance (DeFi) banking firm, Scallop, on 7th March joined a council formed by the big four credit card firms, including Discover, American Express, Mastercard, and Visa.

An Amex spokesperson said in a recent statement delivered that the company was following developments in the metaverse but had no plans to share the same during publication. For more visit: https://www.trademarkmaldives.com

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Meta Becomes a Member of the Crypto Open Patent Alliance (COPA)

Meta Becomes a Member of the Crypto Open Patent Alliance (COPA)

Meta Platforms Inc., formerly known as Facebook and presently doing business as Meta, has recently joined the Crypto Open Patent Alliance (COPA). The company, at present, is the latest and biggest crypto technology patent holder to join COPA, thereby expanding the pool of Intellectual Property (IP) assets that could be significantly used to safeguard the industry from litigation.

The move comes on the heels of Meta winding down its crypto project, the Diem Association. As per various recent reports, Diem is selling its technology (IP assets) to Silvergate Bank (Based in San Diego) for $200 million to pay back the investors.

COPA is a consortium of crypto and technology companies led by Block, which is Jack Dorsey’s payments company and was formerly known as Square Inc. It was established two years ago in September as an organization that encourages and supports blockchain-related innovation and growth by reducing the likelihood of Patent Litigation. According to Dorsey, the creation of an alliance by requiring the members to share their owned patents with COPA’s collective patent library is a crucial step in helping the crypto community safeguard itself against patent aggressors and trolls.

Not long after its establishment, in 2021, COPA filed a lawsuit against the Australian computer scientist widely known for his debated claim to be the inventor of Bitcoin, Craig Wright. His legal team had sent a cease-and-desist letter to COPA in an attempt to copyright the Bitcoin white paper – an issue that has bedeviled the crypto community for years.

By becoming a member of COPA, Meta has pledged not to enforce any of its core cryptocurrency patents other than for defensive reasons. According to the General Manager of COPA, Max Sills, the previously mentioned statement includes any technology that allows the creation, transmission, storage, mining, security, integrity, or settlement of cryptocurrencies. It also implies that the patents owned by Meta would be freely available for anyone to utilize.

COPA includes over two dozen other major technology and crypto firms, such as Kraken (a US-based cryptocurrency exchange and bank), Uniswap (a cryptocurrency exchange that uses a decentralized network protocol), MicroStrategy (an American company providing mobile software, business intelligence, and cloud-based services), Coinbase (an American company operating a cryptocurrency exchange platform), to name a few.

Many companies and firms count themselves as members of COPA; however, according to Sills, Meta is the largest company to date based on the number of patents it owns. With Meta joining COPA, the organization has said in a recent statement delivered that it is closer to accomplishing its ultimate objective of advancing cryptocurrency innovation through partnerships among big financial organizations, tech giants, and crypto companies. Sills believes that this move is undoubtedly one step further to advancing COPA’s mission, i.e., to remove all the legal barriers so that cryptocurrency can become the backbone for transferring value anywhere globally.

The head of Meta’s licensing and transactions group, Shayne O’Reilly, will be seen representing Meta on COPA’s board of directors, making Meta the 6th voting member of COPA’s board. For more visit: https://www.trademarkmaldives.com

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FIR Filed Against Sundar Pichai & 5 Others Over Copyright Infringement

FIR Filed Against Sundar Pichai & 5 Others Over Copyright Infringement

An FIR has recently been filed against the CEO of Google, Sundar Pichai, and five other employees of the tech giant at the MIDC police station following a court order. The FIR has been registered based on a complaint put forward by a Bollywood filmmaker, director, and producer, Suneel Darshan, alleging Copyright Infringement. In his complaint filed against Pichai and other Google employees, Darshan said that he didn’t sell the rights of his 2017 film ‘Ek Haseena Thi Ek Deewana Tha’ to anyone; however, the film is still running on YouTube (owned by Google) without his permission and with millions of views. He further claimed that many people made a lot of money by uploading his film (which falls under his Intellectual Property (IP)) on YouTube. He even mentioned that he made multiple complaints to YouTube for many years concerning the illegal uploading of his film, but didn’t receive any response, following which he had to approach the court.

According to the police officer involved, the case has been filed at the MIDC Police Station in suburban Andheri on the orders given by a magistrate’s court.

When reached out to Google for comments on the said matter, the search engine giant said that it has a well-defined set mechanism using which the copyright holders can safeguard their unique and creative content on video-sharing platforms like YouTube. The Google spokesperson said that YouTube has the right management tools, such as its Content ID System, that enables the copyright holders to identify, promote, block, and even make money in an automated way from the uploads of their content on the platform. He also mentioned that when a copyright holder notifies YouTube about a video that infringes upon his content, the platform removes the content quickly as per the law and terminates the accounts of the users with several copyright strikes (a policing practice used by YouTube to manage copyright infringement and comply with the Digital Millennium Copyright Act).

The alleged infringers covered in the complaint filed include YouTube LLC, Google India Ltd., Google LLC, Sundar Pichai, and many others. The offense has been filed under sections 51, 63, and 69 relating to Copyright Violation of the Indian Copyright Act, 1957.

The film ‘Ek Haseena Thi Ek Deewana Tha’ was written, produced, and directed by Suneel Darshan and starred Natasha Fernandez, Shiv Darshan, and Upen Patel.

Meanwhile, the Indian Government has selected Sundar Pichai (the CEO of Google), Satya Nadella (the CEO of Microsoft), and Natarajan Chandrasekaran (the Chairperson of Tata Group) for Padma Bhushan, which is the third-highest civilian award in the nation. For more visit: https://www.trademarkmaldives.com

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EdTech Company upGrad Sues Scaler Alleging Trademark Infringement

EdTech Company upGrad Sues Scaler Alleging Trademark Infringement

EdTech firm, upGrad, has recently filed a Trademark Infringement lawsuit in the Delhi High Court against its fellow EdTech company called Scaler. According to upGrad, Scaler has violated the Intellectual Property (IP) related to its trademark. The company has now sought damages worth more than rupees three crores.

upGrad has accused Scaler of illegally using its business/brand name, i.e., ‘upGrad,’ on Google Ads to appear on top of the search results on Google, thereby gaining illicit benefits.

As per a recent press statement issued, the Delhi High Court, in this case, has granted an ad-interim injunction in upGrad’s favor. Also, until further notice, the Court has ordered Scaler not to bid on the Registered Trademarks (or any other variants) owned by upGrad using Google Ads or any other keyword program.

The CEO (India) at upGrad, Arjun Mohan, said in a recent statement that the lawsuit filed would ensure the protection of upGrad’s IP and trademarks and would also discourage unauthorized and unlawful usage in the future. He further said that upGrad has undoubtedly made considerable investments in building its brand name, which makes it even more essential for them to safeguard their rights. He also mentioned that the team at upGrad is looking forward to evaluating and filing trademark infringement lawsuits against other EdTech firms involved in similar Google Ads bidding activity.

Quite recently, the Delhi High Court, in a similar Google Ads lawsuit, granted an interim injunction in favor of MakeMyTrip (an Indian online travel company headquartered in Gurugram, Haryana) and against its competitor, HappyEasyGo (an online platform that caters to act as a one-stop solution for travel needs). In the same lawsuit and as part of the recent orders passed, the Court also directed Google to suspend/block the Google Ads account owned by HappyEasyGo.

In another lawsuit filed on similar grounds by DRS Logistics (one of the most trusted names in India in the field of logistics and transport), the Delhi High Court said that Google could never really exonerate itself from the liability of ensuring that a specific keyword doesn’t infringe upon a registered trademark. For more visit: https://www.trademarkmaldives.com

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