Artificial Intelligence (AI) and its Implications on Patents

Artificial Intelligence (AI) and its Implications on Patents

Artificial Intelligence (AI), in the past few years, has seen a profound increase in its media coverage and attention. It is due to the continuous improvements in its capabilities that has nourished its adaptation into various areas. Today, AI has found its applications in many fields, like small to large businesses, automotive industry, healthcare centers, etc.

AI is a technology that focuses on the creation of intelligent machines, which react and work like humans. One of the common activities for which AI-based computers are designed is speech recognition. Some basic technologies that include AI are as follows:

Boolean Search

These refer to algorithms that implement a sort of search, which enables the users to produce relevant results by combining keywords with operators like AND, OR, and NOT.

Natural Language Processing (NLP)

NLP emphasizes AI algorithms that enable computers to comprehend and process human languages.

Natural Language Search (NLS)

NLS comprises AI algorithms that carry out searches by identifying content matching a topic described by the user in plain language.

Machine Learning (ML)

Machine learning refers to a data analysis method that automates the building of the analytical model. With the concept of using algorithms that learn from data, ML allows computers/machines to find out the hidden insights even without being programmed – where to look.

AI Implications on Patents and Intellectual Property

With AI-based machines appearing to have surpassed human performance in many fields such as medicine, automotive, and others, it is expected that the future for AI would impact the ways humans beings work and perform. These predictions led to several debates such as ‘can AI surpass human capabilities,’ ‘is it the best tool used to aid humanity in work,’ etc. Apart from these questions, the implications for the emergence and rise of AI on Intellectual Property (IP) and especially Patents are also subject to debate.

With the advent and advanced functionality of AI in a wide range of fields, this technology may probably be on its way towards creating remarkable tools, approaches, and applications. For instance, the Neural Machine Translation System of Google, at the end of the year 2016, was found to have developed its internal language that represents the notions it uses to translate different languages. Not only this, there are a lot of other examples that showcase the consistent advancements in AI technology. Well, this is only the beginning, because as evidence suggests – AI technology may one day perform with its independent mind and intelligence. All these facts also suggest that AI, due to being the creation of the mind, has major implications for Patents and IP.

IP refers to unique and useful creations of the mind. It is a category of property that comprises intangible creations of human intellect. Additionally, when it comes to patent, this is a type of IP that provides its owner with the legal right to prohibit others from stealing and misusing his/her invention for limited years. But, with this definition that defines IP as a creation of the mind, the term ‘mind’ is left for debate – whether a robot or a human mind. Still, AI can create inventions that should be protected by filing Patent Registration Application. In other words, though the word ‘mind’ is in question, yet AI can create potentially patentable inventions. Hence, keeping this thing in mind, the human beings who so ever create AI technology-based inventions should logically own the patent rights over the same. The owner of AI-related inventions must obtain robust Patent Registration Protection as soon as he/she could. It is recommended because AI is the latest and continuously advancing technology, and therefore, the inventions based on this are highly vulnerable to be stolen, copied, or imported by unauthorized users. For more visit: https://www.trademarkmaldives.com

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Why Cost Barriers to Copyright Access And Use Need to Go?

Why Cost Barriers to Copyright Access And Use Need to Go?

Copyright, nowadays, appears as the foundation for much of what goes into the knowledge economy. It is not just a way to protect unique creative works from being infringed but also a source of income for a wide range of creative workers. Some writers, composers, etc., get copyright income directly. Nonetheless, others earn by joining a creative network, including publishers, record labels, distribution companies, and others. Being a part of such an ecosystem, they make money by licensing rights under Copyright Law.

But, the fact is that if legal rights can’t be enforced, they don’t help the owner much. In documents, it appears as if the owners of a copyrighted work possess a solid set of rights. However, the reality is a bit different. The copyright, indeed, cost too much to enforce. It is common, and thus, the governments and Intellectual Property Law (IP Law) administrators should recognize that the law needs updating.

They should consider that although copyright assets don’t lead to as many problems as other products do, reinforcing this area, i.e., the knowledge economy is somewhere tied to economic success.

Because of mounting up things like legal advice costs, court fees, IP Attorneys‘ hourly charges, copyright litigation can be very expensive. And then the more threatening concern is the risks of having to pay to other parties if you lose. Take an example of a writer who finds that a large amount of his work has been violated. A report made in 2019 stated that the writers, on average, earn 31 percent of their annual income through writing. For most, if not all writers, enforcing their copyrights in cases where their work has been infringed upon will be prohibitive. The same also applies to small businesses and many others.

Sometimes, the only option writers and small businesses have is to put up with Copyright Infringement, in addition to the possible loss of income.

Another case to consider is that people often want to use material sheltered under Copyright Registration Protection but are not familiar with the way to go about clearing rights. The Copyright Act undoubtedly has many defenses and exceptions regarding this matter, but they may be arduous to comprehend. Many times, it is unclear whether the proposed use of copyright-protected material is lawful or not. Indeed, this is a common issue for cultural institutions such as galleries and museums.

Copyright owners often grant permission or give license but, if they don’t, then there can be a legal deadlock. One option that may be helpful in such cases is to knock the Court’s doors. But again, costs act as a barrier and prevent the public from getting the benefits of creative work or activity. IP Lawyers in Maldives and almost every nation call this an “access to justice” issue.

This concern, which is not just a copyright issue, impacts the IP industry in several countries of the world.

Although including some glitches, copyrights are still leading to the emergence of innovative solutions worldwide. Hence, to make the world enjoy continuous and better new creations, it is vital to turn all this good work into a meaningful and useful asset. For this, the government and authorities taking care of Copyright Law in Maldives and outside need to ensure that the rights can be utilized by the creative workers, cultural institutions, small businesses, and all for whom these matters. They should also make sure that the costs do not create barriers in the process of accessing copyright justice.

Almost everyone agrees that copyright law needs to be turned fit for purpose in the modern digital economy. Therefore, many IP experts have already started working on this subject matter and finding ways to improve the Copyright Acts of different nations. For more visit: https://www.trademarkmaldives.com

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Baidu Files Patent Application for ML-based Audio Synthesis Ownership

Baidu Files Patent Application for ML-based Audio Synthesis Ownership

By catching the attention and likes of Tencent and Huawei, Baidu has topped as the leading artificial intelligence (AI) Patent Application leader. Apart from this, Baidu (with 1,237 patent applications) is also leading in the highly competitive area of intelligent driving, as many reports stated.

Victor Liang, Vice President & General Counsel Executive Assistant to CEO at Baidu, said that they retained the top position for AI-related patent applications in China because of their:

  • Constant investment and research in developing AI
  • Strategic focus on patents

After years of research and development, Baidu has now developed a comprehensive AI ecosystem, and therefore, is at the leading spot of the AI industry worldwide.

Patents focused and filed by Baidu encompass a wide range of domains, including:

  • Deep learning (1,429 patents)
  • Speech recognition (933 patents)
  • NLP – Natural Language Processing (938 patents)

While Baidu acquired top position in China, its R&D center located in the US had filed patent applications in the US patent office also.

In this patent US20190355347A1, which is for a computer-implemented method to train a neural network model for spectrogram inversion with the title – Spectrogram to waveform synthesis using convolutional networks, Baidu lists the following points:

  • Inputting an input spectrogram, including many frequency channels into a CNN (convolution neural network).
  • Outputting a synthesized waveform from CNN for the input spectrogram, which has a corresponding ground truth waveform.
  • Using the synthesized waveform, the corresponding ground truth waveform, and the loss function, consisting of at least one or more loss components opted from convergence loss spectral.
  • Using the loss to update the CNN.
  • A clear mention of using the CNNs (convolutional neural networks).

As CNN is the lifeblood of several contemporary ML-based applications, any claim, even on a small part, can create damages in the long run.

The current year has witnessed a sudden and rapid growth of interest in owning algorithms and deep learning. So, even if the plans are to protect the researches from falling prey to pseudo players, this trial appears as a slippery slope where owners of big businesses can leverage the smaller companies that are using advanced technology.

In Baidu’s case, too, there lie risks of losing ownership to various audio processing applications. Contributed to the increasing fear among the ML community, Baidu is a Chinese company. The Artificial Intelligence (AI) vision of this company was fortified with projects such as Apollo, which is an open-source independent driving platform together with many other intelligent driving innovations.

China has allegedly been found involved in Intellectual Property (IP) thefts, especially from US companies. Hence, when Baidu’s foreign division files a patent application, one cannot assist but think about the consequences of handing the ownership to China that continued to be the world’s leading source of fake goods, exhibiting its failure to take crucial action to restrain the widespread manufacture, sale, and export of bogus goods. For more visit: https://www.trademarkmaldives.com

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Amendments Made to Canadian Trademark Law on 17th June 2019

Amendments Made to Canadian Trademark Law on 17th June 2019

Countries, no matter whether to strengthen the existing trademark protection or to include additional rules, often bring changes in their trademark laws. Almost all of us know how crucial role the trademark law plays in the protection of Intellectual Property (IP) assets. By providing relevant and robust trademark rights, it helps the owners in not just preventing unauthorized users from using their unique creation but also creating goodwill among customers. However, to obtain expected results, it is crucial to stay up-to-date with the reforms made in such laws and their corresponding rights. Here, in this article, you’ll be going to get updated with the recent changes in the Trademark Law of Canada.

  1. Availability of Madrid Applications

Canadian applicants from now would be able to file the Trademark Applications in over eighty (80) countries worldwide just through a single international filing. With this new opportunity, it will be easy for Canadian applicants to manage their international trademark portfolios.

Similarly, applicants from the Madrid Protocol nations will be able to designate Canada in not just their International Trademark Applications but also existing Madrid registrations. Moreover, the incoming protocol applications would charge similar to the national applications – as per the Canadian Intellectual Property Office (CIPO).

  1. Increase in Filing and Renewal Fees

Filing Fees

Previously, CIPO tends to charge a fee of $250 for filing a trademark application encompassing any number of classes of products and services, along with $200 as the trademark registration fee. Nevertheless, to apply for a trademark after June 17, the applicant has to pay the filing fee of 330 CAD for the first class of products or services, along with 100 CAD for each additional class of products or services. For all these applications, the trademark registration fee is eliminated.

Renewal Fees

The renewal fee has been increased to 400 CAD from 350 CAD for the first class of products and services with an additional 125 CAD charges for each new class of products and services.

  1. Declarations of Use Is No Longer Required

After 17th June, Declarations of Use is no longer required for Trademark Registration in Canada. Note that this change applies to not just applications filed after June 17 but also applications pending as of this date. It means that all the applications filed before June 17, 2019, can proceed to trademark registration in Canada (once the opposition period expires) simply with payment of registration fee, without filing the Declaration of Use.

  1. Information Regarding Use Is No Longer Needed

Applicants filed the trademark applications on or after 17th June need not indicate whether he/she has previously used the trademark in Canada or abroad. In other words, the applications filed on or after this date are applicable to get approved even if they do not tell whether the concerned applicant has registered and used the Trademark in Canada or foreign countries.

  1. Nice Classification Appears Mandatory

As per June 17th amendments, all the new applications must be filed with Nice classifications. Moreover, the pending applications that have not yet advertised for objection/opposition purposes must be classified. Note that for unclassified registrations, the CIPO will request the Nice classification upon renewal.

Although this requirement of the Nice classification is expected to bring Canada more in line with the international norms, it does not mean that CIPO will become lenient in its practice of reviewing goods and services descriptions. All the goods and services must still be adequately specified under stringent standards set by CIPO.

Are You Getting Ready for Trademark Registration under Amended Law?

In the days after the reforms came into force, you as an owner, who’s looking for trademark registration in Canada should emphasize taking immediate steps, based on appropriate and up-to-date information. It will help you in saving costs in processes like filing multi-class applications, renewing multi-class registrations, etc. Besides, you must also think about streamlining your portfolio management. You should focus on using the Madrid international filing system and filing applications for non-traditional and international trademarks. For more visit: https://www.trademarkmaldives.com

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How’s the Patent Application Process in India Affected by 2019’s Amendments?

How’s the Patent Application Process in India Affected by 2019’s Amendments?

The Indian government, along with administrators and several Intellectual Property Law Firms in India, has recently taken a considerable step to motivate inventors to get involved in more and useful inventions. With this welcome move by the concerned authorities, the Patent Application Process in India has become not just cheaper but easier as well.

The Patent Amendment Rules 2019, which came into force on 17th September, reflect the below-given four major changes: 

  1. Submission of Original Documents Only Upon Request

Although the Indian Patent Office in 2016 had dismissed the requirement to provide hard copies of the patent forms and specification while applying for Patent Registration in India, certain documents were still needed to be submitted at the IPO in their original form. Some such documents include the Power of Authority, verified English translations of Priority and PCT documents, etc.

Under the unamended rules, the applicants need to submit the original documents at the IPO within 15 days from the day of their online submission. Nonetheless, as per the rules amended in 2019, the applicants no longer have to do so. They can file their duly authenticated documents only by electronic transmission. The exception where original documents are required to be submitted within fifteen (15) days of a request is if the IPO asks the applicant for the same.

  1. Women and Many Others Can Enjoy Expedited Examination

In 2016, the government added the Patent Application Process in India with the provision of expedited examination. Under the unamended rules, this provision had limited the number of applications to be examined within twelve months, i.e., the expedited period. Moreover, it was open for only two categories of applicants, including:

  • Start-ups,
  • Applicants who mention India as an International Searching Authority (ISA) or an International Preliminary Examining Authority (IPEA) in their applications

The amended rules concerning the provision of expedited examination have come up as a beneficial change for many other applicants, like:

  • Small entities
  • Female applicants
  • Government entities, such as:
  • Different government departments
  • Institutions wholly or largely financed by the government
  • Institutions established by the Central, Provincial, or State Act
  • Government companies as specified in Section 2(45) of the Companies Act, 2013
  • Applicants who are suitable to process patent applications compatible with agreements amid IPO and a foreign Patent Office.
  1. Form 28 Needs to be filed

As the amended rules say, the start-ups now have to submit documents supporting their start-up status along with Form 28, each time whether they file a request, form, or document at IPO. The filing of such documentary evidence claiming start-up status will prove helpful in ensuring that the applicant is eligible for claiming the suitable deduction in the fee.

  1. Zero (0) Transmittal Fee

As discussed above, the amended rules have made the Patent Application Process in India easier as well as cheaper. Under these rules, the previously applicable transmittal fee for PCT applications at the IPO through the e-filing module has been abandoned. Additionally, the applicants don’t have to pay fees for the certified copies of priority documents and their e-transmission by the WIPO Digital Access System (DAS). Even the costs for filing PCT and convention applications have been reduced.

Before 2019’s amendments, i.e., under unamended rules, the applicants were required to pay a transmittal fee of INR 3200 for start-ups, INR 8000 for small entities, and INR 16,000 for corporates. Furthermore, fees of INR 1000 for start-up, INR 2500 for small entities, and INR 5000 for corporates for receiving a certified copy of a priority document with around 30 pages were applicable under unamended rules.

Wrapping Up:

These recently amended rules will undoubtedly be going to increase the number of patent filings in India as they are providing opportunities to women, small entities, etc., in addition to those who are eligible to file patent applications and get Patent Registration in India before amendments. Moreover, these ensure easier and cheaper patent application process that ultimately buzz off the applicants’ hesitation, thus making them confident to file their applications without any worry. Hence, we can say that this welcome move by the government of India will benefit not only the people but also the nation. For more visit: https://www.trademarkmaldives.com

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CII Reports Intellectual Property Can Be Valuable Collateral for Financing

CII Reports Intellectual Property Can Be Valuable Collateral for Financing

The 5th edition of CII’s (Confederation of Indian Industry) flagship annual Intellectual Property (IP) conference focused on creating IP-led technology for a $5 trillion economy has recently released a report showing global examples to represent the virtues of using IP as collateral for financing.

Visualized by CII and co-created by Duff & Phelps, the report said that being the third-largest economy for start-ups in the IP industry, including technology and pharmaceuticals, India is standing at the verge of IP revolution. Although the government initiatives like the release of the National IPR Policy in 2016 to spur interest in Intellectual Property Rights (IPRs) commercialization have been institutionalized, India’s IP financing process is still quite slow.

What are the reasons for the slow pace of IP financing In India? As the report said, unwillingness to treat IP as a business asset, challenges in IP licensing, lack of uniformity in the valuation of IPs, insufficient market, and legal infrastructure to monetize IP assets are some of the main reasons for the slow pace of IP financing in the country.

What is IP-backed financing? IP-backed financing refers to the approach of using IP assets to achieve access to credit. Nowadays, more and more MNCs (Multinational Corporations) and SMEs (Small and Medium Sized Enterprises) are selling their IP assets in exchange for finance. Besides, lending institutions worldwide are considering IP as collateral while extending loans. In general, IP assets are used to secure asset-based loans. However, if collateralized, then they can be used to increase the available credit. Note that in the cases where borrowers guarantee their IP, no matter patents, trademarks, or copyright, as collateral, the collateral pool upsurges in value and potential for a successful loan. In simple words, with ideas and innovations emerging as the key driver of the businesses, financing base that supports the IP’s commercialization is remarkably crucial.

Mr.Arvind Thakur, Chairman, CII National Committee on Intellectual Property & Senior Advisor to the Board, NIIT Technologies, while commenting on the report, said that using IP as collateral will help the industries and banks to develop a good understanding of the subject matter and gain profits.

He continued by saying that according to CII’s belief, IPRs should be at the central stage for competing in the world of Artificial Intelligence (AI) in a meaningful way. Moreover, it is expected that this would open new scopes of financing in India.

Following Mr.Arvind, Aviral Jain, Managing Director Valuation Advisory Services and Co-Head, Restructuring, Duff & Phelps, said that the nation needs to have a mechanism for obtaining financial support and a robust marketplace. India can take lessons from IP friendly nations such as Korea and Singapore that have taken steps to create an IP financing ecosystem. The schemes introduced to flourish the IP sector in these countries benefit SMEs, Start-ups, and even lending institutions.

Other Key Findings of this Recently Launched Report Are As Follows:

  • When the regulatory environment is emerging globally, and initiatives to give impetus to IP-based financing are underway, economies like Singapore display a sophisticated regulatory environment and a robust infrastructure for IP financing.
  • Over the past five years, IP financing transactions in areas where IP is used as collateral have declined globally.
  • There’s an increase in global PE (private equity) funds that are not just investing in IP-based companies but also helping to protect IP in certain situations. For more visit: https://www.trademarkmaldives.com

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TCS Reports Current Patent Laws Are Inadequate for AI-related IP

TCS Reports Current Patent Laws Are Inadequate for AI-related IP

Tata Consultancy Services (TCS), India’s largest software exporter in association with the Confederation of Indian Industry (CII), has recently reported that despite the evolution of Patent Laws in India and abroad, the increasing proliferation of artificial intelligence (AI) across the world requires new policies for Intellectual Property Rights (IPRs) enforcement.

The report found that the current patent laws treat AI software-based inventions as logical algorithms implemented in the computer systems. Although patent eligibility of algorithms is valid, there is not enough about how to handle inventions with heuristic nature.

What is Heuristic?

In AI, heuristic refers to a technique to solve problems faster than the classical methods. The report cited that AI software is no longer bound to traditional rule-based systems, and in fact, has increasingly turned heuristic, thus showing higher intelligence over classical systems.

The report explained that as per the current patent laws – someone, typically a natural person (in legal terms – an individual instead of one associated with a public or private body) who only applies the logic to make anything workable cannot be an inventor.

It also clarified that machines are frequently deriving solutions to problems autonomously or in conjunction with a natural person, thus bringing the definition of a ‘natural person’ in question. Besides, it emphasized that this issue needs to be addressed by state laws and enterprises. Moreover, data-privacy and data-ownership issues, which would have severe legal implications, are other aspects that require fresh debates.

The report further noted that in the global ecosystem involving multiple players, data is not just accessed but also moved across jurisdictions many times. The data ownership holder or the data owner or the AI scientist who owns the IP rights on an invention is at the forefront of the debate.

It then revealed that AI is helping to develop new mechanisms and doctrines for future IP ecosystems. As the study recommended – the present administrators of Intellectual Property Right in India and outside have to address the IP management at three levels.

  • At the data level: In the form of access to accurate and high-quality data
  • At the IP system level: For enabling the IP systems with AI-based solutions
  • At the people level: To empower people to realize the merits of AI in the IP domain.

At last, the report informed that IBM, Microsoft, Toshiba, Samsung, and NEC were the top five patent applicants. Nonetheless, the Chinese Academy of Science (CAS), dealing in deep learning (DL) with 235 patent families, held the largest patent portfolio worldwide – the report found. For more visit: https://www.trademarkmaldives.com

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China to Reinforce Protection for Intellectual Property Rights

China to Reinforce Protection for Intellectual Property Rights

The Chinese government, through the medium of a document it issued earlier this week, has revealed its desire to improve the protection of Intellectual Property Rights (IPRs), an issue reflecting at the center of trade matters with the United States (US).

The document launched recently is a joint directive by the General Offices of the Communist Party of China Central Committee and the Chinese State Council, aimed at strengthening the protection of Chinese IPRs between accusations from the US stating that China has stolen the American IP.  The directive laid out China’s goal of reinforcing IPRs protection over the next two years by raising the upper limits for compensation related to the infringement of such rights.

According to the excerpts provided by the Chinese State Council, the directive reads that increasing IPRs protection is one of the most significant ways to improve the IPR system and to boost up the economic competitiveness of China. The new guidelines also revealed that China would multiply its efforts to enhance international cooperation on the protection of IPR, promote communication between foreign and domestic rights holders, and provide support in overseas IPR disputes.

The document also discussed China’s plan to increase the protection of trade secrets, confidential business data, and source codes and speed up the procedure to introduce a punitive compensation system for violation of patents, copyrights, or other IPRs.

The measures came after considering that the disputes over the theft of Intellectual Property (IP) have roiled the trade negotiations amid the world’s two largest economies, i.e., the U.S. and China scramble to reach phase-one of a trade deal.  The development came as investors have been scaling back their hopes for a phase-one agreement amid Beijing and Washington before the end of this year, i.e., 2019. This sort of deal was expected to provide the stage for dealing with chief concerns like a complaint made by the U.S against China, alleging that China steals intellectual property.

In an investigation made by the Office of the U.S. Trade Representative last year, it was found that the intellectual-property theft by China compels the U.S to face a loss between $225 billion and $600 billion a year.

Ultimately, the document claimed that by 2022, China would be making progress in matters that have affected IPRs enforcement, like high costs, low compensation, and the difficulty of proof. And also that by 2025, the nation would have implemented an upgraded system of IPR protection. For more visit: https://www.trademarkmaldives.com

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Apple’s Patent for Wraparound Display Hints Possibility for New iPhone

Apple’s Patent for Wraparound Display Hints Possibility for New iPhone

Apple, an American multinational technology company, has revived its interest in an old patent that details a mysterious wraparound display. In March 2013, Apple had filed a Patent Application that features an ambiguous device having a glass body and a display looping around the body. Since then, the company has filed thirteen patent applications revolving around the design of this device. The recent patent that details some changes in the design of the device is a continuation of the previous ones.

As far as display and body are concerned, Apple has always had a glass display and a metal body. Undoubtedly, some plastic derivatives at the middle and lower-end were also used for the rear panel, and there have been smartphones’ models with the display on, but a complete wrap-around is something no one has seen so far. Although the concept of wraparound display technology has been available with Samsung and Xiaomi also, no commercial model with such design is accessible in the market.

The changes in the latest patent showcase virtual volume keys, rather than the traditional physical buttons. They also show that the device includes a top bezel that further consists of an earpiece and many other essential sensors in addition to a narrow bottom bezel. The device doesn’t hold the notch, which most of the recent iPhones do.

The wraparound display described in the patent application indicates that the expected device will be an all-glass affair having the display on both sides of the phone. It even suggests that this could be Apple’s answer to a foldable phone. That may appear a little far-fetched as a foldable smartphone when unfolded converts it into a tablet.

Nonetheless, it is noticeable that the sketches in the patent application detail the original 2013’s design so that the company can update it for a future release to keep up with the prevailing design trends. However, with Apple too, it is highly unlikely that the firm will unveil an iPhone with a wraparound display or the iPhone 12 (to be launched next fall) will have this updated design.

We should consider that this is just a patent, which may exist as it is for several years. It is also possible that Apple may never come up with this device as the company files multiple patent applications each month, and it’s a continuous process. Indeed, various concepts and designs for which it gets the patents don’t see the light of the day. For more visit: https://www.trademarkmaldives.com

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A brief about Geographical Indications and Designation of Origin

A brief about Geographical Indications and Designation of Origin

Having a wide range of applications in Intellectual Property (IP) regimes of several countries worldwide, Geographical Indication (GI) is a sign, symbol, or name used on products to indicate that they have originated from a specific geographical locality and possess qualities, characteristics, and reputation attributable to their origin. GI not just functions as quality marks that improve export markets and revenues but also provides a precise source of origin. In this way, it prevents unauthorized users or manufacturers from manufacturing and selling fake products, i.e., products that don’t meet the applicable standards in regards to that origin. For instance, as Darjeeling tea holds a GI tag, its producers have a complete right to prevent the use of the term Darjeeling for the tea products, which are either not produced as per the standards set by the GI law or not grown in their jurisdictions. Though geographical indication protection doesn’t provide the right to prevent others from using the same technique or procedure to manufacture products similar to those that have been granted GI tags, yet it is beneficial in protecting unauthorized use of sign, symbol, or a name that constitutes indication.

Now, if we talk about the designation of origin, it refers to a special kind of protection and implies exclusive or essential natural and human factors of the geographical environment leading to specific characteristics and quality of products and services. It grants protection to the names or signs indicating that a product or service originates from a specific geographical region.

Why Should Geographical Indications and Designation of Origin be protected?

Protection of GIs and designation of origin under the Intellectual Property Law is crucial to evade unauthorized use and infringement. Prevention of such unlawful use will ultimately contribute to increasing the commercial value and reputation of the products and services. Moreover, it also benefits the general public and consumers. For instance, by promoting good business practices and fair market competition, protected GIs will help the customers to buy the precise products. Furthermore, by retaining the active workforce and stimulating family farms, especially in rural areas for developing specific and traditional products and services, the protection of these signs is favorable to economic development as well.

How Should the Protection of Geographical Indications be granted?

The protection of GIs under IP should be granted through a relevant registration procedure. GIs are often protected under national laws and following a wide range of concepts, like laws for the protection of certification marks, laws against unfair competition, consumer protection laws, or special laws for the protection of geographical indications or designations of origin. The Geographical Indication Protection provides the owner with the right to prevent third parties from using the authorized indication on or for the products or services that do not conform to the applicable standards and can be obtained by acquiring right over the sign or name that constitutes the indication. Once registered, the GI and designation of origin may be used collectively by any of the producers (who meet the requirements) from the specific locality.

Contrary to other sorts of Intellectual Property Rights (IPRs) like a trademark, patent, Industrial Design, and more, the legal systems taking care of this field may differ from state to state. One other considerable fact about geographical indication or designation of origin is that these are often used with producers’ sign or logo that can be protected under trademark with a perspective to focus on the individual character and common characteristics of products’ origin.

Protection of GI tags and designation of origin not just prohibits infringement issues but also builds a remarkable reputation worldwide. It then motivates the consumers to buy the GI products, along with visiting the regions where these commodities are being produced or made, and that ultimately benefit both the producers and nations by enhancing the tourism of those areas. For more visit: https://www.trademarkmaldives.com

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