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

Don’t forget to follow us on social media:

Facebook – https://www.facebook.com/trademarkmaldives/

Twitter – https://twitter.com/trademarkmaldiv

Linkedin – https://www.linkedin.com/company/trademarkmaldives/

Pinterest – https://in.pinterest.com/trademarkmaldives/

Tumblr – https://trademarkmaldives.tumblr.com/

DMCA (Digital Millennium Copyright Act): Everything You Need to Know

Since the internet began, people have uploaded and published over a trillion gigabytes of digital content that includes music, games, movies, and much more. The rapid advancements in the digital age and the internet have undoubtedly served content creators and publishers with lots of opportunities to make profits and revenue but along with challenges such as violation of their data online. Indeed, Copyright Infringement is one of the biggest challenges that the digital world faces in the present era. To stop the continuous increase in widespread unlawful access to copyrighted materials observed in the 1990s, the US government put a step and came up with a law called the Digital Millennium Copyright Act. Abbreviated as DMCA, this law is a result of the teamwork of legislators, media firms, and consumer lawyers, and enacted by the US Congress and signed by President Bill Clinton in 1998. The law was made on request of many organizations requested for a legal process by which holder of Copyright Website, content, or image could assert their rights to prevent the illegal use of their media. Apart from providing the copyright holders with these facilities, DMCA aims to maintain a balance between the interests of original owners and those who want to purchase the copyrighted materials. It also takes care of penalties to be put on offenders who intentionally violate any Intellectual Property (IP).

DMCA Takedown Notice

Resting as the main component of DMCA law, DMCA takedown notice is an official notification to inform the firm, search engine, web host, or internet service provider (ISP) that they are using copyrighted material. As, in the legal sense, such use is unlawful and leads to copyright infringement, the site or company who receives this notice should immediately take down the specific material. In case they avoid doing so, the ISP could forcefully remove the copyrighted content. You can send the DMCA notice or request for the following types of copyright content:

  • Videos,
  • Digital software,
  • Artwork, images, photos,
  • Posts on your official websites,
  • Songs, music, and almost every kind of audio files,
  • Written texts, including books, poetry, articles, blogs, etc.

Registration of Work Isn’t Necessary

When it comes to write or send a DMCA notice, it is not mandatory to register your work. Any unique content becomes its owner’s IP as soon as he/she creates it. And, as the original owner holds the copyright to it from the moment of its creation, he/she can send a DMCA notice in regards to it without bothering about Copyright Registration. DMCA takedown request is one of the politest ways to prevent infringement of any unregistered material, but don’t forget that if you want to go for a copyright infringement lawsuit, then it is essential to register your content with the copyright office.

Procedure to Create DMCA Notice

As per the law, there is no official DMCA takedown notice form or template that copyright owners are needed to use. However, to make the requests valid, each plaintiff (sender of the notice) must consider including certain specifications. Besides providing info that showcases the copyright infringement, the notice should include:

  • All the details related to the content that’s being infringed
  • A statement that the sender has a good faith that the party on the receiving end has infringed his/her content
  • A statement that under penalty of perjury, every detail provided in the takedown notice is precise
  • Sender’s contact information
  • Sender’s physical or electronic signature

Don’t Worry If You Receive a DMCA Takedown Notice

Considering the legal standing, receiving a DMCA takedown notice undoubtedly sounds a bit scary, but being worried or scared is not at all a solution. What you should do in such cases is first of all calm down and be honest to yourself. After that, think whether or not you infringed the copyrighted material intentionally. Usually, there are high possibilities that you didn’t steal or post the content intentionally. Nevertheless, if you find yourself guilty of infringing the material, then rectifying your mistake will be the best solution. Be quick to locate and take down the violated content as soon as you could. In some cases where you host multiple websites with various people posting and sharing content, there are probabilities that you receive the notice as the next logical person to contact while the infringement was committed by any of those people. Other likelihoods could be that you are using the copyrighted content cautiously within the boundaries of Fair Use. If that’s so, then contact the sender of the notice and share the details of how you used his/her content. It will help you in sorting the issue with ease.

Conclusion

Nowadays, when powerful tools like DMCA are here to help you fight back the infringers, there is no need to stand like helpless in situations when they steal or use your copyrighted content. When these tools have been designed to serve you, then why not utilize them and extract the benefits that you deserve. From today onwards, be active and understand the rights you hold over your copyrighted content and ways to utilize them in the best possible manner. In the case of any query, feel free to contact an experienced IP Attorney. You can also contact an Intellectual Property Law Firm with good experience in rendering services related to the IP industry. For more visit: https://www.trademarkmaldives.com

Don’t forget to follow us on social media:

Facebook – https://www.facebook.com/trademarkmaldives/

Twitter – https://twitter.com/trademarkmaldiv

Linkedin – https://www.linkedin.com/company/trademarkmaldives/

Pinterest – https://in.pinterest.com/trademarkmaldives/

Tumblr – https://trademarkmaldives.tumblr.com/

Where Does India Rank in Global Intellectual Property Filings?

Due to the rapidly growing technology making it easy to generate new ideas, create unique products, and enhance creativity, almost every individual and organization is striving to come up with something that can profit them. Nevertheless, this phenomenon results in increasing the competition that, in turn, leads to issues like copying and infringement of one another’s valuable assets. In this instance, Intellectual Property Protection appears as the best source to keep a person’s assets secure, and this is why Intellectual Property (IP) filing activities are continuously growing. Indeed, almost every nation in the world is witnessing an increase in IP filings. For instance, India, with a remarkable rise in trademark, industrial design, and patent filings, has achieved the top tenth rank among 49 countries positioned based on the total IP filing (resident and abroad) activities. As per the reports, the nation saw a hike of more than 20% in trademark filings, 13.6% in the industrial design fillings, and 7.5% in the applications for getting Patent Protection.

When it comes to overall, i.e., global upsurge in the IP filings, patent applications exceeded 3.3 million, which represents a growth of 5.2% in comparison to 2017. Trademark Applications totaled 14.3 million, up 15.5%, and Industrial Design filing projects amounted to 1.3 million. With around 50% of the total IP filings, including trademarks, designs, and patents, China has made the maximum increase in the global IP filings. In comparison to the IP applications filed in 2017, China observed over 160,400 more filings in the year 2018.

Though the second rank achiever – the US saw trademark filing activities rise by 4.3% yet a 1.6% decline in patent filings in 2018 is a concerning fact. It is the first fall that the country came across in the previous decade.

Asia has been developing as the universal hub for IP applications, according to Francis Gurry, WIPO (World Intellectual Property Organization) director-general.

Domestic Patent Applications, in India, reached 34% in 2018-19 from just 22% in 2013-14. As per the Department of Promotion of Industry and Internal Trade (DPIIT) report – including, information technology (IT), computer science, and science, almost every industry is adding to the significant rise in overall IP filings of the country. For example – Wipro and TCS (Tata Consultancy Services) – the two IT firms were positioned at first and second place respectively while the seven-year-old-startup Hike was ranked third in terms of applying for patents in the field of IT. Moreover, the India-based Kalvin Bharti Mittal-led firm has filed 66 patents. Although the company till now has not revealed the reason behind filing such a wide range of patent applications, it has been working in the field of research and development (R&D), encompassing Computer Vision, Social Network Analysis, and Natural Language Processing (NLP). The recently launched Hike Patent Program by the firm focus on incentivizing its employees with grants and rewards besides giving legal and market directions to patent filers.

In addition to the firms mentioned above, several other enterprises and entrepreneurs are actively participating in patent filings in India. It puts light on the fact that the individuals, as well as companies, comprehend the crucial role intellectual property fillings play in their professional lives. Well, it enables them to knowingly or unknowingly contribute to the growth of the nation’s IP filings. Furthermore, the government is also realizing the importance of encouraging the citizens to come up with new inventions, designs, etc., and thus, go for more and more IP fillings. And to make this happen in large numbers, the departments are continuously making efforts; for example – the Ministry of Commerce and Industry has recently proposed a reduction to Rs. 1,600 from Rs. 4,000 in Patent filing fees for startups and MSMEs.

Finally, with the growing usage of the internet and technology and nearly 60% of the Indian population to be young minds, it is possible to bring the nation among the top five IP fillings countries in the world in the future. Nonetheless, as the boost in the innovations will increase the IP filings and vice-versa, it is not at all the responsibility of the government or citizens alone to make efforts for this. Instead, both should help each other as it is the matter of securing the entire country’s IP assets and filing ranking. For more visit: https://www.trademarkmaldives.com

Don’t forget to follow us on social media:

Facebook – https://www.facebook.com/trademarkmaldives/

Twitter – https://twitter.com/trademarkmaldiv

Linkedin – https://www.linkedin.com/company/trademarkmaldives/

Pinterest – https://in.pinterest.com/trademarkmaldives/

Tumblr – https://trademarkmaldives.tumblr.com/

An Overview on Protection of Industrial Design in India

“A thing of beauty” – the poem that gives a message that beauty of a thing is a joy forever and never turns into nothingness has a great significance in today’s world where the appearance of a product counts more than its quality and utility. In the present age, most people select products, which attract them with the beauty of their designs. Besides, the liberalization and globalization have flooded the Indian markets with a wide variety of products, thus providing the consumers with numerous alternatives for whatever commodity they want. It has ultimately made consumers more selective. Therefore, the producers have to not only prove the reliability of their products but also satisfy the consumers’ aesthetic appetite. That’s why creators nowadays spend large capital on designs that enhance their products’ appearance, which then catches the attention of viewers/consumers. In other words, outer appearance/design plays an imperative role in the market by increasing the competitiveness of the product’s owner and enhancing societal life. Hence, the Industrial Product Design protection is essential to reward the owners’/designers’ creativity, encourage their future contributions, and prevent others from making earnings on their creations.  

Industrial Design Protection: Indian Law Perspective

As per the Intellectual Property Law in India, industrial design protection under Design Act 2000 refers to a type of Intellectual Property Right (IPR) that gives the exclusive rights to make, use, and sell products embodying the protected design to the selected people only. In general, these protection rights have a life span of 10 years, but if needed, the owner can get them renewed for an additional time slot of five (5) years. Industrial design protection is for the shape, color, line, configuration, and surface pattern that either improves the visual appearance or increases the aesthetics of the design.

Requirements to be met for Obtaining Design Protection

To attain the protection under Indian law, a design must:

  • Be non-obvious,
  • Associate with shape, pattern, ornamentation, or configuration of any product
  • Suffice the novelty and originality, that is, before the date of applying for the registration, the design should not be published or used anywhere
  • Be non-contrary, i.e., doesn’t hurt the feelings of anyone.

Procedure to Obtain Industrial Design Protection

In India, almost every design application is filed before the Design registry. It is advisable to proceed to the application filing after recognizing the class/category of the design to be protected. Once identified the class, you can go for either paper filing or online filing. After the application has been filed, it will be examined by the concerned office, which can issue objections following the examination report. You have to respond to the objections within three months. The office, if finds the response satisfactory, will grant the protection, which will rest with you for ten years. 

Designs that Can’t Get Protection

The Industrial Design Protection in India doesn’t protect the designs:

  • Opposing to others moral values
  • Describing the process of construction of an object
  • Related to the appearance of books, calendars, jackets, certificates, forms, dressmaking patterns, greeting cards, leaflets, maps, plan cards, postcards, stamps, and medals.
  • Associated with flags, emblems, or national symbols/signs of any country
  • Of integrated circuits.

Importance of Industrial Design Protection

The industrial design used to be the most overlooked pillar of the Intellectual Property Protection, including patents, industrial designs, copyrights, trademarks, etc.  But now, as the present era is the age of creativity, aesthetics, and design, where the visual appeal of products is very significant, industrial design protection has become a crucial need for designers, manufacturers, and vendors. The rapidly turning competitive marketplace, objectives of copycats or infringers, and requisite to maintain a brand’s integrity are some aspects that will help you in understanding the importance of design protection. For instance, the visual appearance of a product is a vital thing that not just attracts the viewers but also helps them in distinguishing one brand from others. Once protected under deign law, the appearance/design will communicate the message that the product is genuine, and thus, attract more and more buyers. In other words, it will create a reputation that makes customers buy from you without hesitating. Besides, protecting the design of any product or packaging gives legal powers to stop the counterfeit products from destroying the relevant brand’s reputation and defaulting on the brand’s promise of efficacy and safety. It can provide many other significant benefits, including ownership of exclusive rights to make, use, and sell the design. Hopefully, you have understood the importance of securing your design under industrial design protection. If yes, then what are you waiting for? File the application now! For more visit: https://www.trademarkmaldives.com

Don’t forget to follow us on social media:

Facebook – https://www.facebook.com/trademarkmaldives/

Twitter – https://twitter.com/trademarkmaldiv

Linkedin – https://www.linkedin.com/company/trademarkmaldives/

Pinterest – https://in.pinterest.com/trademarkmaldives/

Tumblr – https://trademarkmaldives.tumblr.com/

Samsung’s Patent Shows Its Vision for Phone with an Expandable Screen

 

Intellectual Property

Samsung, the South Korean tech giant, is in the news for several announcements, including information regarding the launch of Galaxy Note 10 and 10+, which is set to take place on 7th August, 2019, at the Unpacked event. Although the Galaxy Fold smartphone hasn’t launched yet, talks about the South Korean multinational conglomerate is planning to come up with another phone, are already in the air.

In a recently published patent documentation, the firm has proposed the design of a phone that will be available with a pull-out display. The patent got filed around the end of 2018, but approved in May and published from the Korean Intellectual Property Office on 24th June 2019.

The patent details show the phone with a smart expandable display that extends the screen’s width by nearly fifty percent. The display panel is set to open on the right-hand side. When the user opens the screen, a frame border will also get opened around the display to safeguard it. The smartphone with this design will not just provide the tablet-sized viewing experience but also keep the screen protected. The information also unveils a punch-hole camera that appears in the middle of the front display. The patent doesn’t share information about the technical aspects and functioning of the phone.

Undoubtedly, the details of the new smartphone excite the users, but as this is just a patent filing till now, it is difficult to predict when Samsung will release the exciting gadget.

There is a dire need to note that the firms frequently file patents, but it is not necessary that each ends up into the light of day. Ultimately, whether Samsung will bring a smartphone-based on this design or not, remains confusion. For more visit: https://www.trademarkmaldives.com/

Bombay HC imposed a fine of Rs 5 Croreon defendantsin IPR conflict

Intellectual Property Rights

Once Mahatma Gandhi, the father of our nation said, “There is a sufficiency in the world for man’s need but not for man’s greed”. Invoking this impactful phrase in a dispute related to Intellectual Property Rights, the Bombay High Court (HC) fined Rs 5 crore on a group of people. The defendants were directed to pay the money to Tata Memorial Hospital in Mumbai.

A brief about the case

It was Nippon Steel and Sumitomo Metal Corporation who filed the case against the Kishor Jain and others.The case revolved around a complaint made to Nippon Steel by a Saudi Arabia based steel company questioning the quality of carbon pipes it purchased to use inoil plants. Nippon itself made inquiries and detected that the defendants were selling seamless pipes under the false direction. The purchasers were misguided that Nippon, the renowned companyin this niche had manufactured those pipes.

Justice SJ Kathawalla heard the dispute and passed an order,and added that this case is the perfect example to show the level to which some unscrupulous people likethe defendants here, can fall in order to make big bucks.Unfortunately, such sort of people doesn’t have any respect for principles or ethics. Moreover, they never mind putting the country’s reputation at stake by executing the unsolicited tasks.

When quizzed at the court, the second defendant named as JeetendraBuradinformed that he tends to purchase the poor-quality pipes from a local shop in the marketplace at Navi Mumbai. After that, HirenKamod, Nippon’s lawyer added that the trios (all three defendants) themselves have admitted their unlawful activity of selling on the name of others.According to the inspection report of offices and warehouses of suspects, it was found that they were indulged not onlyin trademark infringementbut also in forgery.

It was March 26, 2019, when the High Court had restrained the infringing undertakings and seized the goods pertaining to Intellectual Property Rights (IPR) dispute. Moving ahead, Justice Kathawalla decided punishment that can prevent such conflicts in the future. The Court took this matter seriously and imposed a heavy penalty of Rs 5 crore to set a strong precedent. Defendants were directed to pay the amount to Tata Memorial Hospital in Mumbai as the litigant Nippon Steel and Sumitomo Corporation had no objection in giving away the money in charity. For more visit: https://www.trademarkmaldives.com/

Importance of Intellectual Property Rights in Modern Times

intellectual property right

In the 21st century, intellectual property rights have played a key role in indigenous and international trade of every country. With the advent of growing digitalisation, there is a huge risk of innovative ideas being stolen by an outsider, without any prior permission and consent.

The importance of intellectual property protection varies across the world. Almost, every nation which relies upon international trade is now taking strong action for intellectual property rights protection. A robust IP law structure is partly responsible for the overall growth of the economy of a nation.   Unlike any other tangible asset which can be secured by locking up or fencing up, intangible assets like IP, in contrast, is accessible to the common people and can be misused by anyone. In a few situations, self-protection is also done by integrating the IP asset and tangible asset.

Intellectual Property Rights enhance the intrinsic value of all kinds of goods and services, as a unique idea is the core and foundation of every business. If the business is not unique from others, it will be unlikely to be differentiated from the competitor’s product and services.  Nowadays, many cases of the unique idea being stolen by the third party are quite common. But, there are still so many people who do not deem it imperative to secure their distinct design or logo. Hence, it is important to secure intellectual property, which would otherwise perilous to business growth.

INTELLECTUAL PROPERTY

Intellectual Property can be defined as a set of intangible assets owned by any individual person or institution. Like various physical properties, intellectual property provides the same competitive advantage to a business.

The protection of intellectual property in a web-based environment is crucial for a business than ever before, as the unique designs and logos are more vulnerable and can be easily replicated by anyone.

THREE TYPES OF INTELLECTUAL PROPERTIES RIGHTS:

An Intellectual Property right is majorly divided into three types- trademark, copyright and patent:

  1. TRADEMARK

A trademark can be a logo, design, or a mark of a business or an individual to distinguish his products and services from the competitors. A unique symbol enables a customer to easily recognize the product and relates to the brand value of a business.

  1. COPYRIGHT

Copyright protects a tangible creative expression like a painting, music compositions and a book.  It is one most used intellectual property rights given to the producers of an original creative piece, which includes both published and unpublished work.

  1. PATENT

A patent protects the unique and distinct creation from illegally sold, used by an outsider for a set time period. In other words, a sovereign authority grants the intellectual property rights to the inventor through a set procedure.

FOLLOWING ARE THE KEY ADVANTAGES OF PROTECTING INTELLECTUAL PROPERTY RIGHTS:

 

  1. CONVERT THE CREATIVE IDEA INTO PROFIT

Generally, ideas do not possess any commercial value on their own. In the modern era, Intellectual Property rights have great untapped potential to convert your creative ideas into profit- yielding machine. IP registration through copyright, patent, or trademark will result in a steady stream of commercial gains and extra revenue, which will expand and improve the bottom line of business.

  1. TO EASE THE MARKETING PROCESS

The intellectual property acts a great tool for establishing the distinct identity of both brand and business. It helps to distinguish the products and services of one seller from the other in the market, which further helps in easily promoting them to their prospective clients.

  1. FOR RAISING FINANCE FOR THE COMPANY

Any IP right holder can monetize and commercialize the IP assets via licensing, sale and can use them as collateral for debt financing.  IP assets can also be used for raising public funding, loans and to get government subsidies.

  1. FOR PROTECTING THE CREATIVE IDEAS

There are so many cases of creative ideas being replicated through illegal means by an outsider for commercial gains. So, it is mandatory to secure the IP rights before it gets infringed by anyone. A person can take IP protection, irrespective of the kind and size of the business. So, evaluate the business needs and circumstances and take appropriate action for IP protection.

  1. IMPROVE THE EXPORT OPPORTUNITIES OF A BUSINESS

IP assets accelerate the level of competitiveness in the export market for goods and services. The IP right holder can protect brands and design to market and promote their products and service abroad, and can also take franchising agreement from the overseas companies.

  1. BOOSTS THE BUSINESS GROWTH

Needless to say that, Intellectual Property protection cannot be overlooked in the cut-throat competitiveness. There are huge chances that the unprotected creative idea can be used by the rivals, which will result in shrinking the market share and slow down of business growth. Shrinking of market share in the formative stage can be detrimental to the overall business growth and performance.

Furthermore, it is important to note that IP Protection is the sole responsibility of the owner to secure from any infringement, as no one else will make an effort to protect the idea from being copied by someone.

CONCLUSION

Thus, it can be concluded that IP protection is extremely significant, and there must be proper IP laws in each country to protect the indigenous manufacturers from the outside completion.

The government also needs to improve the overall structure of IP laws for forging a long-term social and economic development of a company. The government needs to formulate proper IP laws for individual and companies, as laws should neither be too strict or lenient. For more visit: https://www.trademarkmaldives.com/

Oil Proprietor Convicted in Intellectual Property Right Dispute

copyright infringement

The Bombay High Court has sentenced an oil proprietor of an edible oil firm for 8 weeks for blatant breach of the March 2017 order for copyright infringement of Cargil India Pvt. Ltd, an Indian arm of the US-based multinational giant. Justice SJ Kathawlla of Bombay High Court was hearing the Cargil Pvt. Ltd’s plea against Aslam Noor Siddiqui of MM Oil Enterprises.

The Plaintiff filed an IPR infringement suit in March 2017 and held that its Gemini oil well-known trademark rights were infringed by the defendant, which the latter launched in the market under the name of ‘Genuine’ oil. Rohan Kadam, Plaintiff’s lawyer stated that even the packaging was very similar and thus alleging “passing off” through a deceptively similar trademark “Genuine- Refined Sunflower Oil” and deposited those packets as evidence in the court.

The Court passed an interim order in April 2017, to restrain the owner from further manufacturing and selling of the product. Justice Kathawalla also stated that the accused at the initial stage tried to make a false statement through his lawyer that the huge jars and pouches which contained thousands of litres of edible oil were eaten by rats. The Court opined that any leniency in Intellectual Property Rights cases would send a wrong message across society at large that the court itself has zero regards to the flagrant disregard shown by the proprietor, and is embracing the forgive and forget policy. And such an accused should not be shown any mercy in sentencing.  In addition, it will also portray that any litigant can flout the Court orders with indemnity and still be conferred with leniency and compassion by the Court. Any such trend would set the wrong precedent and would demolish the principle of deterrence, which the court intended to serve.

Moreover, the Court also noted that apology rendered at the last juncture was neither in good grace, nor it was showing any sign of contrition, but the only purpose was just to avoid the punishment. It was after this that the accused and his advocate came forward and appraised the court and agreed that he has violated the law, and accepted the 8-week sentence, but pleaded to surrender after the holy month of Ramadan, i.e., June 14, 2019, at 10:00 am. The Judge agreed to his plea and ordered that the arrest warrant be executed only on June 14 by Azad Maidan police station.

However, the Court in the judgement asserted that he has observed the growing unhealthy trend being set up amongst a section of litigants, who often flagrantly violate the court’s laws and orders with impunity. At such juncture, the Court cannot be a mute spectator, and it needs to step in to stop the trends of brazenly flouting the IPR rules. For more visit: https://www.trademarkmaldives.com/

Google and IPRS Sign A Deal for Music Licensing in India

Copyright

The Indian Performing Right Society Limited (IPRS) has issued a music license to Google, granting the company to utilize its members work collection across YouTube and other pertaining services in India. The IPRS is registered under the Copyright Act, 1957, is a representative body of the music composer, lyricists and music publishers, sanctioned for granting the music license to any person. Christophe Muller, YouTube’s Global Head of Music Licensing, termed this agreement as a positive step in the YouTube‘s ongoing commitment to  fairly pay to the music owners, including composer, lyricist,  songwriter for their  incredible contribution  and to protect their Intellectual Property Rights. This deal was also meant for ensuring that their valuable users are able to enjoy their favorite songs of artists and to discover all the latest songs on YouTube. He also said the deal will add more value to end-user experience across the country.

Javed Akhtar, Chairman of the IPRS, has called the agreement a historical one for Indian Authors, music owners for giving them more autonomy on their creative piece. He also added that IPRS is fully determined to make sure that this relationship goes well in future, and prove favorable to the creative fraternity in a more tangible and meaningful way. For more visit: https://www.trademarkmaldives.com/

Industrial Design Protection in India

Industrial Design Protection in India

Industrial Design Protection is provided for the features or characteristics of shape, configuration, surface pattern, or combination of lines or colors, which, when applied to a functional article, either a two-dimensional or a three-dimensional article produces or increases aesthetics, and improves the visual appearance of the design. In India, The Design Act, 2000 governs and deals with the mechanism of registration of Industrial Designs. Once the Industrial Design is registered, it lasts for a period of 15 years from the date of registration with the first renewal due in the 10th year, and subsequent renewal in every 5th year.

In India, as per the Design Act, 2000, the pre-requisites which any article should meet to qualify for Industrial Design Protection are as follows:

  1. The design should be novel and original.
  2. The design should be applicable to a functional article.
  3. The design should be visible on a finished article.
  4. The design should be non-obvious
  5. There shouldn’t be any prior publication or disclosure of the design before the date of application for registration.

How can a person obtain an Industrial Design Protection in India?

In India, the registration process for Industrial Design Protection is fairly simple. The application is to be filed at the Design office either via the paper filing option or using the online filing option. All designs are categorized according to the Locarno Classification, which classifies goods for the purpose of their registrations and further helps in Design searches. An application is to be submitted at the Design Office along with the desired designs, classification code, and a description of the design. Once the application for Industrial Design is filed, it goes through an examination process to determine if the design can be registered or not. Accordingly, the Design Office may issue a statement of objection in the examination report, to which the applicant must respond within 3 months from its date of receipt. The application for Industrial Design Protection is abandoned if the applicant fails to respond to the objections raised within the stipulated period of time. On the basis of the applicant’s response to the objections, the Design Office determines if the application should be accepted, rejected, or put up for a hearing. If accepted, the application is processed for registration. After the registration, the particulars of the application, along with the representation of the article will be published in the Official Gazette. Once granted, the Industrial Design becomes exclusive to the owner if there are no objections raised from any third-party sources.

What is the difference between Patent Protection and Industrial Design Protection?

In several cases, a question or a query may arise pertaining to which type of protection to opt for between Industrial Designs and Patents. So here’s a detailed difference between patents and industrial designs to give you a basic understanding of their main aspects.

PATENTS

  • What can be protected?

A technical enhancement, new process, or manufacture, which is novel, unique, and useful, can be protected as patents.

  • Duration of protection and renewal term:

The patent of invention lasts for 20 years in the country of filing with no extension after 20 years.

  • Maintenance of Right:

An annual fee has to be submitted for a duration of 20 years.

INDUSTRIAL DESIGNS

  • What can be protected?

Any functional article of use which has a novel ornamental appearance can be protected as industrial designs.

  • Duration of protection and renewal term:

An industrial design is valid for a duration of 15 years with first renewal in the 10th year and subsequent renewal in every 5th year.

  • Maintenance of Right:

A Fee is required after 10 years if an application for renewal is submitted.

Why should one look into filing an application for Industrial Design Protection?

In the present era of creativity, aesthetics, and presentation, the outer appearance of any product is very important as it makes the product more appealing and attractive. This aspect increases the marketability of your product and raises a need to protect it from others who may copy or illegally adopt similar looking products in the market. In a number of cases, the design itself becomes the identity of a brand. Industrial Design Protection also encourages creativity, which leads to an expansion in the manufacturing and industrial sectors. So protect your novel creations by thinking beyond just functionality and looking into eye appeal too. For more visit: https://www.trademarkmaldives.com/