Kashmir Seeks Geographical Indication (GI) Tags for Five of its Crafts

The northernmost region of the Indian subcontinent, Kashmir, is seeking Geographical Indication (GI) tags under the Intellectual Property Rights (IPRs) for five of its crafts, some of which also include its cultural makers.

The Government of Kashmir has stated that it is seeking GI Registration for Kashmir Gabba and Namda (02 types of Valley-specific woolen rugs), Kashmir Willow Bat, Shikara (pleasure boats on Dal Lake), and Wagguv (mat made of reed and paddy straw).

In a recent statement delivered, the Directorate of Information and Public Relations (DIPR) said that Mr. Tariq Ahmad Zargar (the Directorate of Handicrafts & Handloom, Kashmir) held a detailed discussion with the authorities of Intellectual Property India (IPI) in Chennai to accelerate the GI registration process of the five crafts in question. The DIPR further said that the dossier for the GI registration of the five crafts has already been submitted to the IPI in Chennai, which is the apex-level organization dealing with the registration and better protection of GIs concerning goods in India.

GI, in the words of the World Intellectual Property Organization (WIPO), refers to a sign used on products having a particular geographical origin and possessing qualities or a reputation due to that origin. Remember that the product’s reputation, characteristics, or qualities should be specifically due to the place of origin.

Discussions regarding the GI submission of three more products of Valley, including willow wicker, copperware, and chain stitch crafts, were also held, which are already under consideration by the department for GI registration.

In this context, the Government mentioned that GI tagging has now acquired a greater significance and relevance since the focus has shifted towards Vocal for Local.

Seven handicrafts made in Kashmir, including Pashmina, Kani Shawl, Paper-Machie, Khatamband, Walnut Wood Carving, Sozni, and Hand Knotted Carpets crafts, have already been given the GI tag by the body. The Government has specified that it has even pushed the demand for the production and sale of the previously-mentioned products. For more visit: https://www.trademarkmaldives.com

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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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MetaX Hits Facebook Owner Meta with a Trademark Infringement Lawsuit

MetaX LLC, a company specializing in creating immersive virtual reality experiences, has recently filed a Trademark Infringement Lawsuit in Manhattan federal court against Facebook owner Meta for allegedly stealing and using the company’s name for its pivot to the metaverse.

MetaX, based out of New York, has told the court that it has been crushed by Facebook’s rebranding to Meta and further mentioned that its ability to operate and function as Meta has been eviscerated.

MetaX has accused Meta Platforms of infringing upon its federally registered ‘Meta’ trademarks and requested a court order that would block the social media giant from using the term ‘Meta’ for products and services overlapping with those of MetaX, along with an unspecified amount of monetary damages.

Last year in October, Meta Platforms rebranded from its eponymous social media network by betting that the metaverse, which is a shared virtual realm, shall succeed the mobile internet.

Justin “JB” Bolognino, the Founder of MetaX, said in a recent statement delivered that Meta Platforms has not only put their business in jeopardy but that of the entire industry as well, along with the Intellectual Property Rights (IPRs) of the innovators and inventors who have helped build Meta Platforms.

Meta Platforms didn’t respond to the request for comment immediately.

MetaX holds expertise in immersive and experiential virtual reality experiences using technologies such as Augmented Reality (AR) and Virtual Reality (VR).

In the lawsuit filed, MetaX mentioned that it did discuss a potential partnership with Facebook in 2017 and that an executive at Facebook even praised one of MetaX’s experiences by calling it spectacular and amazing.

According to MetaX, the new focus of Meta Platforms on the metaverse and related AR and VR technologies overlaps with its business, and Meta Platforms has begun offering similar “immersive experiences” at some of the same places it hosted its exhibits, including Coachella and South by Southwest.

MetaX thinks that Meta Platforms’ rebrand shall drive it out of the marketplace and the industry altogether and that it has already caused people to believe that the two companies in question are affiliated. For more visit: https://www.trademarkmaldives.com

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CureVac Sues BioNTech Alleging Patent Infringement over mRNA Technology

German Pharmaceutical Company, CureVac, has filed a Patent Infringement Lawsuit against the German Biotechnology Company BioNTech in Germany over its use of mRNA technology. CureVac is now seeking ‘fair compensation’ from BioNTech and two subsidiaries for infringing upon its Intellectual Property Rights (IPRs).

As per several reports, the Chief Executive Officer at CureVac, Franz-Werner Haas, has not ruled out further legal action against mRNA vaccine maker Moderna or BioNTech partner Pfizer.

CureVac believes that its claims to IPRs are based on more than two decades of sincere work and effort on mRNA technology, some of which have been used by BioNTech and Pfizer in the development and sale of their Comirnaty Coronavirus vaccine.

In a recent statement delivered, Haas said that many years of CureVac’s research and development have also contributed well to the success of mRNA vaccines and made the same possible. From his and the entire company’s point of view, it is pretty self-evident to respect the IPRs associated.

Meanwhile, this year, BioNTech expects up to 17 billion euros ($17.5 billion) in vaccine revenue, which is down from the 19 billion revenue of the previous year with the COVID-19 pandemic easing. CureVac said that neither it is seeking an injunction nor taking legal action that would impede the production, sale, or distribution of the vaccine.

Haas said that it would not have occurred to CureVac at the height of the pandemic to point out patent infringement; however, the company believes that there is better control over the pandemic at present and the right time to bring up the issue of patent infringement.

When contacted by the news reporters to talk about the said lawsuit, BioNTech didn’t have any immediate comment.

As of now, Haas is coy about potential further legal action, indicating that in the first place, a basis is needed concerning CureVac’s fair share in product development and sales in Germany and how it would be appropriately valued. When reporters asked whether or not he would rule out legal action against Moderna, Haas said that CureVac is not ruling anything out currently and instead looking at the matter very carefully.

Began in China, the COVID-19 pandemic has killed more than 6.3 million individuals to date and spurred a race amongst the pharmaceutical companies to be the first to come up with a vaccine, with Pfizer and BioNTech dominating in the western world.

After several failed attempts to launch a COVID-19 vaccine to the market last year, CureVac escalated its work and effort with partner GSK on improved vaccine versions.

This year in April, GSK and CureVac said that their second-generation vaccine version, which targets two recent COVID-19 variants, is highly effective in pre-clinical studies on mice. For more visit: https://www.trademarkmaldives.com

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Three Tamil Nadu-based Products Apply for Geographical Indication (GI) Tag

A Geographical Indication (GI) is a label or tag given or applied to products having a specific geographical origin, along with certain characteristics related to that specific origin. The GI tag’s owner holds exclusive rights over such a product.

Three Tamil Nadu-based products, including Thooyamalli rice, Virudhunagar sambha vathal (Chilly), and Puliyankudi acid lime, have recently filed applications for GI tags in Chennai. On behalf of the applicants, details on all the three previously mentioned products were gathered and prepared by Intellectual Property Rights (IPRs) attorney P. Sanjai Gandhi.

The GI Application for Puliyankudi acid lime has been made by the Tamil Nadu State Agricultural Marketing Board and Melapuliyankudi Farmers’ Association. The facilitator, in this case, is the NABARD Madurai Agri-Business Incubation Forum.

Puliyankudi is the name of a village in Tenkasi. It is widely recognized for its acid lime cultivation. The local people here refer to this place as the lemon city of Tamil Nadu. Kadayam lemon found in this place is famous for two aspects, taste and juiciness. Acid lime trees are small in size and bushy with pointed and sharp spines. The leaves are also small, along with narrowly winged petioles. Both the flowers and fruits are small. The lemons grown in this region weigh about 50 g each, and every tree bears around 950 fruits in totality. They are grown in Puliyankudi, Kadayam, Sankarankovil, Kuruvikulam, Kadayanallur, and other adjoining areas.

The GI application for Virudhunagar sambha vathal has been made by the Virudhunagar Chillies’ Merchants Association and the Tamil Nadu State Agricultural Marketing Board. Chillies are primarily grown in the districts of Virudhunagar, Sivagangai, Thoothukudi, and Ramanathapuram of Tamil Nadu, and the chief markets for them are also located here.  The long, lean shape of chillies grown in Vilathikulam, Virudhunagar, and Sattur regions is known as Virudhunagar sambha chilli. These chillies are vibrant red in color, 6-6.5 cm in length, with bulged shoulders and sharp tips. As these chillies have good capsaicin content, they are preferred in the value addition industry, specifically for oleoresin extraction.

The GI application for Thooyamalli rice has been made by the Tamil Nadu State Agricultural Marketing Board and facilitated by NABARD Madurai Agri-Business Incubation Forum. Thooyamalli rice, which means pure jasmine, is cultivated for 135-140 days during the sambha season. The seeds are sown directly, and for growing this variety, a transplanting system is used. It grows between 115 and 125 cm in height and yields around 1,125 kg per acre, with a straw yield of 35 bundles, i.e., 1,050 kg per acre. Thooyamalli rice is protein-rich and has high-fat content. In terms of mineral content, it is high in zinc, magnesium, and iron.

The head office of GI in Chennai has also received applications in the past week from several products across the nation, such as West Bengal’s Begampur cotton handloom saree and Kolkatti jewelry. Furthermore, GI applications for Goa Hilario Mango (Manghilar or Mangilar/Mangilal) and Taleigao Vayingim (brinjal) from Goa have also been filed recently. For more visit: https://www.trademarkmaldives.com

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Nike Sues StockX Alleging Trademark Infringement in Digital Token Launch

The US-based multinational corporation, Nike, has recently filed a Trademark Infringement lawsuit over unauthorized Non-Fungible Tokens (NFTs) against StockX in a federal court in New York.

StockX is an online reselling platform based in Detroit. It is engaged in reselling handbags, sneakers, and other goods. Last year in April, StockX raised $255m in funding, resulting in the company valuing at $3.8bn.

Headquartered near Beaverton, Oregon, in the Portland metropolitan area, Nike is engaged in the designing, development, manufacturing, and global sales and marketing of sports apparel, footwear, equipment, accessories, and other services.

The sportswear giant has alleged that StockX has begun selling new virtual products by using Nike’s trademarks without obtaining its permission. According to Nike, StockX has sold even more than 500 Nike-branded Vault NFTs so far.

In this matter, Nike has filed a 50-page lawsuit against StockX alleging trademark infringement with the US District Court for the Southern District of New York.

In its complaint filed, Nike has asserted that StockX is ‘minting’ NFTs that prominently use trademarks owned by Nike without its authorization or approval. The sportswear giant has further mentioned that StockX is even involved in marketing those NFTs by using Nike’s goodwill and selling them at heavily inflated prices to unsuspecting customers who believe or are most likely to believe that such ‘investible digital assets’ (as referred to by StockX) are authorized by Nike when in reality they are not.

As per Nike, it has never approved or authorized Nike-branded Vault NFTs sold and marketed by StockX. The sportswear giant strongly believes that such unsanctioned products are very much likely to mislead the customers, create a fake association between such products and Nike, and dilute Nike’s widely-recognized trademarks. It mentioned that the unapproved and unauthorized branding of Vault NFTs with Nike trademarks would jeopardize the capacity of Nike’s widely-known Registered Trademarks to identify its own set of digital goods in the metaverse and beyond and even affect its overall reputation through an association with inferior digital products.

Nike has written in its lawsuit that despite recognizing firsthand the enormous value of its brands, StockX chose to compete in the NFT market by not taking the time to create or establish its Intellectual Property Rights (IPRs), but instead by conspicuously freeriding, that too almost exclusively, on the back of Nike’s widely-known trademarks and their associated goodwill.

Nike also mentioned that use of its trademarks by StockX to enter the digital collectible market prevents the sportswear giant of its exclusive right to use its registered trademarks within the medium.

In this case, StockX has replied by saying it has never stated or implied that the NFTs are tied, associated with, sponsored by, or officially connected to a third-party brand. StockX is confident that its customers understand the difference between its Vault NFTs and the third-party products to which they correspond.

Katy Cockrel, the Vice President of Communications at StockX, has said that StockX customers have been trading a wide range of products on the StockX website, thereby trusting the platform to verify their authenticity and shipping products back and forth in each trade.

As part of its lawsuit, Nike has requested damages and that the court in its judgment would stop StockX from selling NFTs possessing Nike’s trademarks.

Nike filed this lawsuit against StockX after purchasing RTFKT Studios (an apparel and footwear startup based on NFTs) for an undisclosed sum in December.

RTFKT Studios specializes in creating virtual sneaker designs, memes, and many other collectible exclusives inspired by video games.

According to several reports, the sportswear giant has plans to launch various virtual products later this month. For more visit: https://www.trademarkmaldives.com

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South Africa & India Ask EU to Break Silence on the TRIPS Waiver for Covid-19 Vaccines

After several weeks of deadlock, South Africa and India have asked the European Union (EU) to put forward a clear solution and break silence on the TRIPS waiver for Covid-19 vaccines and drugs instead of only blocking the proposal that looks forward to ensuring that people in developing and poor nations are protected from the pandemic.

According to the Indian officials, in recent weeks, the EU has come to the negotiating table to work on a possible way out with various sources in Geneva, hinting that the trading bloc might come around to agreeing to limit the flexibility to patent waiver only for Covid-19 vaccines.

To date, the proposal put forward by India and South Africa has been backed by more than 100 members of the World Trade Organization (WTO). It looks forward to providing copyright, patent, and other Intellectual Property Rights (IPRs) waivers for vaccines, medical devices, and therapeutics.

As of now, the EU has recommended that the vaccine manufacturers who can and are ready to produce the Covid-19 vaccination shots may start producing them without worrying about obtaining Patent Protection.

The WTO secretariat is eager to find an adequate solution way ahead of this month’s ministerial meeting in Geneva, although the details are very much unlikely to be finalized in the coming three weeks. Ngozi Okonjo-Iweala, the Chief at WTO, is eager to deliver a trade and health package at the ministerial meeting and is looking forward to receiving support from different countries, including India, to back the fisheries agreement in return.

The EU, Japan, Switzerland, and the UK are the only nations opposing the proposal and are not even willing to discuss the draft floated by South Africa and India. Also, within the EU, only a handful of nations like Germany are opposing the proposal.

Even though South Africa has its ‘vaccine hub,’ it doesn’t seem to have extracted many benefits from it, keeping aside the mRNA facility fulfilling the requirements of other African nations.

India, on its part, is keen to find a solution to the vaccination issue at the earliest though many officials have claimed that ratcheting up the demand has implied that developed nations, at the minimum, stop blocking the supply of the key inputs and look forward to addressing the major vaccine inequality. Furthermore, India has also got the EU to suggest using the route of compulsory licensing, which enables opting for the patent waiver in the case of national emergencies; and this is something that the developed nations had always opposed.

As per the Government sources, multiple options are being looked at by various developing nations, and some of them may go ahead with the compulsory licensing route. For more visit: https://www.trademarkmaldives.com

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Parus Files Second Lawsuit Against Samsung Alleging Patent Infringement

Parus Holdings Inc., a company specializing in creating voice-driven applications, has recently filed its second lawsuit alleging Patent Infringement against Samsung Electronics America, Inc. and Samsung Electronics Co., Ltd. in the US Federal District Court for the Western District of Texas. According to the lawsuit, Samsung has infringed upon Parus’ patents concerning device control and voice-browsing technology. The infringed upon patents, as mentioned in the lawsuit, include US Patent No. 6,721,705, US Patent No. 8,185,402, and US Patent No. 7,386,455. As of now, Parus is looking forward to seeking all available remedies, which include damages against Samsung for all of the sales it made by infringing upon the patents in question.

The lawsuit asserts that the infringement on the part of Samsung has been ‘willful.’ Parus now wants the Court to make Samsung pay treble damages along with its attorneys’ fees. It also wants Samsung to be permanently restrained from infringing upon the said patents.

This is the second time that Parus has filed a patent infringement lawsuit against Samsung over the use of Parus’ voice-user interface technologies for retrieving information. In 2019, Parus had filed lawsuits against Samsung, Apple, and Google in the Western District of Texas for patent infringement over the ‘431 and ‘084 patents. This case is still pending as it also involves the infringement of various other forms of Intellectual Property Rights (IPRs). Parus has asserted different patents in some other district court cases as well, which are at present pending in the Western District of Texas against Google, Apple, and Microsoft.

Taj Reneau, the Chairman and CEO at Parus, said in a recent statement delivered that the company holds a responsibility towards its shareholders and customers corresponding to the investments that it has made in coming up with innovative technologies. He further added that Parus, at all times, aims at vigorously safeguarding its valuable patent portfolio and other Intellectual Property (IP) assets. He also mentioned that Parus is now looking forward to presenting its case in court and prevailing in the said matter.

Parus Holdings, Inc. is a privately-held company founded in 1997 and headquartered in Chicago, Illinois. It is a pioneer of voice assistants and voice-enabled unified communications, which includes voice search, messaging, collaboration, and video and real-time communications for different mobile communities and even more than 50,000 business customers. What has kept Parus at the forefront of the voice communications industry for more than twenty years now include its patent solutions, its deep understanding of the requirements and challenges of potential customers, and its passion for delivering outstanding customer service. For more visit: https://www.trademarkmaldives.com

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Australia Supports Waiving Intellectual Property Protection for Covid-19 Vaccines

Australia’s Minister for Trade, Tourism, and Investment, Dan Tehan, said in a statement delivered that the nation will support an international push to waive the Intellectual Property Rights (IPRs) for Covid-19 vaccines. The decision came as the rising infection rate across the globe is prolonging the pandemic and creating new deadly variants of the virus.

Both South Africa and India have led the campaign and put in a lot of effort to change the rules of the World Trade Organization (WTO) and make it convenient for the low and middle-income nations to manufacture and sell affordable generic copies of the COVID-19 vaccines, which are produced by pharmaceutical giants such as Pfizer.

Even the United States threw its weight behind the proposal earlier this year by saying that extraordinary measures were required to boost the global production of Covid-19 vaccines for helping fight the spread of the virus.

Australia’s position, in this scenario, has slightly always been more ambiguous. Although the federal government appreciated the announcement made by Biden’s administration and has time and again expressed its support for negotiations on the matter, it has fallen short of expressing its support for the waiver itself. Various advocacy groups that have been urging the government to back the waiver for quite a while now met Mr. Tehan recently and said that he made a private commitment concerning the nation supporting the proposal. Mr. Tehan seemed to confirm that position publicly when the reporters asked about clarifying Australia’s stance. He said that when it comes to Covid-19, the nation will always support the Trade-Related Aspects of Intellectual Property Rights (TRIPS) waiver. He further said that Australia would continue working efficiently in Geneva for expanding the global production of vaccines, which would make everyone across the globe have access to the vaccine and keep them safe.

The human rights and advocacy groups campaigning on the issue stated that the government’s position shifted in this case. For instance, this year, in June, Mr. Tehan stated that the Australian government wasn’t opposed to the proposal and was well prepared to look at the vaccine waiver; however, it went no further on the matter.

The Convener of the Australian Fair Trade and Investment Network, Patricia Ranald, welcomed Mr. Tehan’s change from support on the matter to actually supporting the TRIPS waiver by saying that “actions speak louder than words.”

The WTO meeting is making progress as a critical one for the nations promoting the waiver. The waiver has received immense support from the less wealthy, developing countries; however, many European countries blocked the proposal earlier this year at a WTO meeting as they thought that waiving IP Protection might discourage the pharmaceutical companies from investing money into R&D.

The Australian federal government has also drawn attention to the fact that the waiver might not be sufficient in itself to increase the production of Covid-19 vaccines across the globe, primarily because most nations don’t have production facilities at an advanced level and skilled labor required to produce them.

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How does Remote Working Increase the Risk of Loss of Intellectual Property Rights?

During the ongoing COVID-19 (Coronavirus) pandemic, most of the business firms, organizations, and startups across the globe are working remotely; however, this precaution may increase the risk of loss of Intellectual Property Rights (IPRs) for such companies.

As professionals and experts are nowadays making the most out of social media platforms such as Facebook and LinkedIn, and video calling tools such as Zoom and Skype – brands and businesses need to know and understand that these online tools and platforms may not cater to some of the controls that are usually incorporated in traditional in-person meetings. For instance, there may be a few unexpected participants on your Skype group video call. Moreover, a person may even record your online presentations without your knowledge.

It is a matter of fact that yes – online platforms indeed make it a lot more convenient to distribute and share business material with other employees; however, they also increase the potential risk of adverse consequences. For instance, if the details of a unique innovation are shared without restriction or posted online, then the potential Patent Rights associated with the innovation may be lost as well. In the scenario of trade secrets, once the cat is out of the bag, it can never be put inside, no matter what. It becomes exceedingly arduous to maintain the terms of confidentiality if the trade secret somehow becomes known to the public.

A few examples of trade secrets include financial information, customer lists, engineering data, manufacturing processes, chemical compositions, and recipes. As per various recent reports by the Intellectual Property (IP) experts, trade secrets having a worth of billions of dollars are stolen electronically ever year in the United States alone. Hence, without any second thoughts, it has now become more crucial to take all the required steps and mitigate such losses.

Now, there’s a dire need to make ourselves familiar with a few ways using which the business firms and organizations can stay safe and secure in the ongoing situation. One essential strategy lies in making the employees aware of all the risks involved in working remotely. Brands and businesses can proactively take a few simple measures such as creating internal policies, describing the topics appropriate for online meetings well in advance, determining and limiting the online audience, and restricting the dissemination of sensitive and confidential information, along with exploring different platforms for sharing and presenting such information. Additionally, companies can also make the most out of non-disclosure agreements for managing sensitive conversations with third-parties. They can even consider requiring registrations for their streaming presentations and asking all the participants to give their introduction at the beginning of the meeting itself so that they can conveniently identify the people in the room, including the ones off-screen. For more visit: https://www.trademarkmaldives.com

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