Why Intellectual Property Law in South Africa Needs a Revision?

Like many other nations, the immense umbrella of Intellectual Property Law in South Africa (SA) also encompasses the legislation that involves patents, trademarks, industrial designs, and copyright protection. Intellectual property (IP) refers to intangible assets that are created through human intellect. Although beneficial to the owner (creator/ producer) in many ways, these IP assets are vulnerable to exploitation by third parties and should be protected by a powerful means. IP law is one of the best ways famous for protecting intangible IP that can hold immense value. It is a crucial source used to restrict the unlawful use of inventors’ unique assets, and thus, ensure the Intellectual Property Protection in South Africa and other regions worldwide.

Another main objective of the administrators, attorneys, etc., taking care of the IP law in South Africa is to encourage the creators to create more and more intellectual goods. Unfortunately, as the Intellectual Property Rights (IPRs) provided under the IP law allow the owners to prevent others from using their assets, they often confer negative rights. Hence, it is essential to revise the IP law in South Africa to ensure that people seeking access to healthcare shouldn’t be denied healthcare lifesaving drugs.

One considerable fact about IP law in SA when it comes to the healthcare area is that the granted IPR, i.e., patent enables the pharmaceutical companies to prohibit others from manufacturing and selling the same medicines. The patent, no matter whether for the protection of medications or anything else, lasts for around 20 years in most of the nations globally. It bestows the companies with a monopoly to determine and set the price of medicines produced by them on their own. The highly-priced drugs often push the people in desperate and fatal situations, thus making it vital to revise the Patent Law of South Africa that lead to the granting of excessive licenses fueling pharmaceutical monopolies.

Measures South Africa is Taking or Should Take

Concerning the call to revise IP law in SA and several other nations, the World Health Organization (WHO) has provided some rules and stated that the public health principles related to access to medicines are sustained by the Constitution of WHO along with a wide range of national and international legal policies. Besides, Intellectual Property Rules from the human rights viewpoint must be supervised under principles supporting not just the public health goals but access to medicines as well.

Still, several pharmaceutical firms focus on monopolizing the production of drugs, especially for TB, cancer, and hepatitis C that are the most leading cause behind deaths in SA, only for making profits.

A physician named Dr. Eric Goemaere, who introduced HIV treatment in SA in 2017, said that the treatments for HIV and cancer are very complicated and expensive. That’s why people are afraid of even looking at them. The most disconcerting thought revolves around the resistance put up by big pharmaceutical companies on the creation and availability of these treatments when the patient is dying. The Treatment Action Campaign is the biggest organization that came up to provide relief in such instances by ensuring that all people in South Africa can access suitable medical treatment. By making the large pharmaceutical firms grant licenses to small companies for manufacturing generic ARV (antiretroviral) and numerous other relevant things, it ensures that the appropriate medical facilities are available to all South Africans.

No doubt that the rapidly advancing technology has provided us with numerous new medicines and antiretrovirals, but the concerning fact is that all these are very expensive. Hence, it is recommended that the government, pharmaceutical organizations, and IP Attorneys in South Africa should work on new research and development (R&D) models to delink the cost of R&D from the total cost for drugs or treatments. South Africa should likewise think about the approaches for incentivizing R&D through cash prizes, grants, and more, instead of supporting patent monopolies leading to excessive pricing. The nation should also advocate worldwide leadership by funding people for initiatives like researches. It even needs to invest in the development of drugs for the future rather than just thinking about the intellectual property market in South Africa or outside.

Ordinary People of South Africa

For ordinary people in South Africa, the present scenario means that they can anytime face the situation when it will be essential for them to get unaffordable medicines that are secured under patents preventing other manufacturers from coming up with an affordable alternative. It also means that human rights, constitutional rights, and health are commodified, allowing firms with patents to deploy human sufferings for extracting profits. In short, it suggests that the right to access to health for common residents of South Africa is being undermined, and therefore, the nation needs to think about – of course – the difficulties related to IP law, but while emphasizing the violation of human rights. For more visit: https://www.trademarkmaldives.com

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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, 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

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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How Can Blockchain Help in Monetizing Intellectual Property?

With the advent of the internet that made it possible for online data to flow freely from one part of the globe to another, content creators nowadays can have global audiences. Although the free flow of content has opened countless opportunities for content creators, it many times results in piracy and Copyright Infringement issues. That’s why content creators in the present digital era have a hard time monetizing their content even when they strive to prove ownership of the same. Nevertheless, continuous technological advancements have come up with technology like blockchain that can help creators to monetize their unique content, i.e., Intellectual Property (IP).

From novel music to artistic works and unique inventions, IP encompasses a wide range of things. The appropriate use and sale of these assets can let you make millions of dollars. On the other hand, it is quite easy to have these assets stolen and monetized without your consent or knowledge in the current age. Hence, there is a need for something that can assist you to extract benefits out of your IP without letting someone infringe on it. Blockchain is one of the safest sources to enjoy the profits of using your IP deprived of facing copyright infringement. So now, the question arises ‘how blockchain can help in monetizing IP?’

In What Ways can Blockchain Assist to Monetize IP?

In general, there are several ways in which the blockchain technology can enable you to monetize your IP. Nonetheless, the first and most efficient one is the use of smart contracts. Embedding smart contract to your IP will make blockchain technology to execute a license for its use. For instance, if you are a photographer, then blockchain will trigger the automatic payment in regards to the set terms every time people access your photos. The technology will also aid you in proper scaling of the compensations. If a large corporation, for example, uses your photos, the smart contract will scale the payment and make sure that you receive the correct compensation for your work.

Besides, blockchain facilitates you to bypass the middlemen, thus raising the revenue you generate from your content. Middlemen, like popular streaming platforms, perform a task of dictating the amount of money content creators generate from their work. The past years uncover a lot of cases where the middlemen held responsible for providing the content creators with revenue much lesser than they expected. With blockchain technology that provides the creators with a full charge of their content, they can easily get to decide what their art worth. It further allows universal cross-platform monetization of your data. In recent times when various platforms compete for domination and market share at the expense of content creators, this technology would let you earn more and more money, regardless of the platform through which viewers consume your content.

Apart from aiding you in making profits like earn more money and save financial resources on getting agents to manage your IP, blockchain technology also works to prohibit content piracy, one of the biggest challenges creators often encounter. The pirates could use the stolen, i.e., copied content as content distributors, and thus, get payments for its distribution. In this way, they can turn the profits or revenue that should reach you towards them. Undoubtedly, blockchain empowers you to keep your gains only to you by prohibiting infringers from violating your IP.

Final Thoughts

Although blockchain technology is the best way to monetize your IP, it demands efforts on your part to ensure the excellent possible outcomes. As the ability of this technology to monetize IP depends on the blockchain networks and elements you decide to use, it is crucial to be cautious while opting for the same. There are many sources available in the form of enterprises, departments, etc., that deal in rendering blockchain services to help you monetize your content without any hassle. So, why to take risks? With real-time transactions and low financial investment support of blockchain technology, enjoy monetizing your content effortlessly while keeping it safe against infringers. For more visit: https://www.trademarkmaldives.com

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DPIIT Announces Launch of App for IPRs to Benefit SMEs and Startups

Recently, the Department for Promotion of Industry and Internal Trade (DPIIT) announced that it had developed a mobile application and website on Intellectual Property Rights (IPRs).

Launched by the Modi government on 14th October 2019, the dedicated website and app are aiming at making Indian startups and SMEs learn to protect and maximize their innovations.

According to a government press release, these dedicated tools have been developed by Cell for IPR Promotion and Management (CIPAM), DPIIT along with Qualcomm and National Law University (NLU), Delhi. By playing a remarkable role in enhancing the competitiveness of the businesses and opportunities to take technology products to market, Intellectual Property (IP) can be a road directing startups and SMEs to a successful destination.     

Guruprasad Mohapatra, secretary DPIIT, explained that as both the app and website will be useful to communities that hold a considerable promise for the country and its economy, this project appears very significant. Startups and SMEs are more harmonized into investment and risk-taking due to lack of legal knowledge, and today, when the nation is on the threshold of the fourth industrial revolution, the interface between law and technology is growing and therefore, it is crucial to be available with a specialized app and website to help enterprises with the IP processes.  

The press release also mentioned that the e-learning platforms – L2Pro India IP e-learning Website and the L2Pro India Mobile App are expected to help not just startups but even entrepreneurs, innovators, and small and medium industries to understand IPRs for their protection, integrate IP into their business models, and obtain value for their R&D (research and development) efforts.

The L2Pro has been successfully implemented in various nations, like Italy, UK (United Kingdom), Germany, and France benefiting from close collaboration with IP Firms and public research institutions. The learning app has been customized for India to ensure that innovations are protected, managed, and commercialized.

The L2Pro India IP e-learning platforms will be available with 11 modules for three different levels, covering Basic, Intermediate, and Advanced. Each module would comprise e-text for understanding concepts, links to additional resources on the subject, short animated videos of the ideas, and quizzes for grading the learner’s knowledge and insight into the subject.

People can access these e-learning platforms through their desktop, laptop, mobile browser, and mobile app (on Android and iOS), and on successful completion of their e-learning modules, they will receive e-certificates by CIPAM-DPIIT, NLU, and Qualcomm. For more visit: https://www.trademarkmaldives.com

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How Can Intellectual Property Protection Benefit Virtual Businesses?

Due to the continuous technological advancements, virtual businesses have stepped onto the path of tremendous growth. Nowadays, it is common to see people working in a coffee cafe or restaurant; instead of an office as earlier. Well, it is the concept of virtual businesses that makes this happen and lets the people work as freelancers, thus serving them with a new sense of freedom while working. Besides, it enables organizations to get their work done even by the people working in other cities. It is also about letting the employees work remotely. All these facts have made virtual businesses one of the best commerce of the present world.

Undoubtedly, virtual businesses are beneficial in almost every sense, but as the virtual data can be copied, altered, and distributed easily in just a couple of minutes, ensuring the protection of the work associated with the virtual world appears a bit complicated. In these instances, Intellectual Property Protection comes up as the most effective shield to prevent the unlawful copying and use of any material accessible over the internet without seeking the permission of the original creator.

Why Is Intellectual Property Protection Vital for Virtual Businesses?

Virtual businesses often operate on working models focused on their online presence. Hence, the assets like website, app, or other that influence one’s online presence are of great importance. Unfortunately, the Internet and rapidly advancing technology have made the theft and imitation of such online assets just a matter of some clicks, thus generating a crucial need for a robust shield to safeguard them. No doubt that there are several ways to keep the online data secure, but what could be more effective than intellectual property protection. It bestows you with the Intellectual Property Rights (IPRs) that are beneficial in not just preventing replication or misuse of your IP but also making the infringer pay for the damages to your business due to the infringement.

Who Can Own the IPRs on a Website?

A website, which acts as a foremost tool to promote the business for sales generation, is the biggest asset of any company. As this imperative tool generally includes several elements provided by different people like designers, content developers, etc., it is not necessary that a site owner owns exclusive rights on every component. Therefore, it is essential to determine what rights a site owner can own, along with how to protect them.

In general, the right to enjoy the exclusivity remains with the employer instead of the employees who are employed to develop the website. However, as the Intellectual Property Law varies from nation to nation, this right may also change as per the country. So whenever you decide to obtain legal ownership over your website, it will be in your best interest to consult an IP Attorney.

What Elements of Your Website Can You Protect?

The intellectual property industry has multiple heads to ensure the protection of various elements of your website. Technical tools and software can be protected by Patent Registration. However, the website’s design, which is the expression behind the idea of creating a site, can be secured under Copyright Protection. Copyrights are applicable also for the security of the website’s content, including images, blog posts, and more. Software that includes text-based HTML codes can obtain the protection under Patent Law or Copyright Act, depending upon the nation where the website is functioning. Trademark Law protects the website’s name, logo, products, and other unique signs visible to the viewer. Computer-generated graphic symbols, user interfaces, displays, & even webpages need to be protected under Industrial Design Law. Trade Secrets Law, as the name depicts, is available to safeguard the site’s hidden or confidential aspects, whose disclosure may lead to secrecy violation of the particular firm.

Wrapping Up

As mentioned earlier, the virtual business industry is one of the most rapidly growing sectors. While dealing in such a continually advancing and competitive industry, it is not uncommon for you to find your work violated by someone. Besides, there are possibilities that you may unknowingly infringe others’ IP. IP protection helps you in not just evading such issues but also ensuring safer online transactions in your business. So, if you are planning to come up with a website, make sure to secure it with suitable IPRs. Hopefully, the aforementioned information will prove helpful to you. However, if you are looking for additional information related to the IP industry and virtual businesses, it is better to consult an experienced IP Lawyer or IP Law Firm. For more visit: https://www.trademarkmaldives.com

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Trademark Cease & Desist Letter: Important Things You Should Know

Trademarks are one of the most efficient ways to build up and safeguard your brand’s reputation. As the Registered Trademarks enable consumers to determine the origin or source of products and services, they can also help you in expanding business by prohibiting the competitors from making profits on your name. Although trademarks provide clear directions that no one except the original owner of the mark can use it, Trademark Infringement is still a severe matter and needs to be addressed on the spot. Here, you will get information regarding the cease and desist letter, which may aid you to prevent others from using or cloning your trademark without paying unnecessary charges related to legitimate actions.

Cease and Desist Letter

A cease and desist letter in case of trademark infringement is a legal document issued by the original owner of the mark to a party infringing upon his/ her federally registered trademark. The letter asks the offending party to not just cease the act of violating the owner’s Intellectual Property (IP) but also compensate damages that took place due to the infringement. On determining that someone is infringing on your trademark, you can choose any of the two options; either try to resolve the matter outside the court by writing and sending a cease and desist letter or proceed directly by filing a trademark infringement lawsuit. Typically, sending a cease and desist letter to the infringer is the first step that many people put to end the infringement without including extra expense and time associated with going to court or taking other legitimate measures.

Another noticeable fact is that this letter isn’t limited to help you only if someone violates your trademark; instead, it is also helpful in cases like copyright or Patent Infringement.

Cease and Desist Letters Aren’t Legally Binding

As these letters only describe the ideas and requests of the sender, usually a trademark attorney or IP lawyer representing the trademark’s owner, they aren’t legally binding. Moreover, they don’t even provide indications regarding the court action, which could be the next step if the offending party neglects to respond to the sender as he/she expected.

Procedure to Write and Send Cease and Desist Letter In a Trademark Infringement Matter

To write a cease and desist letter, one needs to follow the following steps:

Determine the infringement: Firstly, check if someone is infringing your trademark or it is any other IP that he/she is using to make profits on your name. Trademark infringement takes place when the offender is advertising or selling his/ her products or services by using the same or similar name your products or services are having.

Do Searches: Collect more details about both – infringement and infringer. Make attempts and understand the offender’s intention, i.e., whether he/she is involved in the case accidentally or intentionally.

Consult to An IP Attorney: Though you can write and send the cease and desist letter yourself, yet proceeding under the supervision of an experienced attorney will be in your best interest. An adept lawyer can assist you in listing all the facts, demands, and claims in the letter clearly and understandably.      

Note that by creating and sending a precise cease and desist letter, you can:

Indeed this letter can be written and sent at any time but doing so as soon as you notice infringement would provide the best outcomes. It will not just prohibit the offender from continuing the unlawful act of infringement but also help you in enforcing your ownership rights. Nonetheless, to make the offender respond as you want by reinforcing your part, it is imperative to familiarize him/ her with all the details of your trademark. Your brand’s name or logo, the date on which you filed a Trademark Application, the day when you determined that someone is unlawfully cloning or using your registered trademark are some vital details you need to include in the letter. Including all the evidence reflecting infringement can strengthen your case. Ultimately, don’t forget to incorporate the section showcasing what the infringer can or should do to resolve the conflict.

Conclusion:

Hopefully, you have got a clear insight into the fact that cease and desist letter is one of the best ways to prohibit the offending party from continuing to make profits on your name without getting involved in legal actions. So if any individual or company is using your trademark without seeking your consent, the matter needs to be resolved by sending a polite letter. While a stern demand with a deadline to cease copying or using your mark can be useful, a formal letter can also result in a favorable resolution of the infringement concern. Now, after going through this article, you can undoubtedly write a cease and desist letter on your own, but doing so with the help of either any IP attorney or Trademark Law Firm is still advisable. Experienced IP lawyers and Intellectual Property Law Firms have a deep understanding and knowledge of these areas and can benefit you with a more compelling case on your side. For more visit: https://www.trademarkmaldives.com

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Want to Transfer Trademark Rights in India? Here’re the guidelines!

A trademark is one of the most exclusive and fastest evolving Intellectual Property Rights (IPRs) in India. Consisting of a recognizable sign, design, or expression, it identifies and differentiates the products or services of a source from those of others. Besides, it helps the brands in generating goodwill that attracts consumers towards them. Another remarkable fact why a trademark is the most preferred Intellectual Property is that the owner can transfer it.

Here, we will dive into the complete process of transferring the trademark rights in India.

As per the Indian Trademarks Act, 1999 that deals with all legal issues, terms, etc., around trademark, people who desire to transfer their trademark cando so by opting any of the two agreements: Trademark Assignment or Trademark Licensing.

(A) Trademark Assignment Agreement

It focuses on the legal way of transferring rights from the owner (assignor) to the willing third-party (assignee), which could be a company or an individual. Assignment of a trademark can be possible in the following two ways:

  • Complete Assignment:

Trademark rights refer to a bundle of several rights emphasizing ownership, use, process, share, etc., and a complete assignment of a trademark allows the transfer of all these rights from the assignor to the assignee. Once signed this assignment, the assignee can use, sell, and even distribute the mark without any fear of Trademark Infringement as the assignor no longer retains any right over the logo, brand, or anything else associated with it.

  • Partial Assignment:

Partial assignment of trademark permits the transfer of rights over particular products or services. It empowers the assignor to provide the willing party with his/ her rights while adding clauses that the assignee is entitled to use the rights related to only a few products. In other words, the assignee cannot use the trademark for any other products or services apart from those allowed by the assignor.

Step-wise Procedure for Trademark Assignment

  1. First of all, there is a need to make an application requesting the transfer of rights. The trademark assignment application can be made either by the assignor or assignee or jointly and should entail the terms and policies of transfer, details of both proprietor and assignee. Moreover, it must be in the format of FORM TM-P.
  2. After preparing the application, it’s the time to file it before the registrar. Emphasize doing so within six months of acquisition of proprietorship as delaying in filing can cost you payment of an additional fee.
  3. Obtain the permission of the Registrar. The case of transfer varies according to conditions, for example – is it the transfer with goodwill or of a Registered Trademark. In every case, it is mandatory to focus on the directions of the registrar before the expiry of the assignment. However, this period is of six months in India but extendable if the registrar allows.
  4. Advertise the assignment as per the registrar’s direction and submit copies of both advertisements and directions to the registrar.
  5. The registrar (if satisfied) with the application, all documents, and advertisement will transfer the said Trademark Protection from the original owner to the new proprietor. Once the name of the assignee gets registered with the registrar, the assignee can use the said trademark rightfully.

(B) Trademark Licensing Agreement

It emphasizes transferring a trademark in a restricted manner. In other words, trademark licensing doesn’t allow the transfer of full ownership over the trademark rights from the licensor (original owner) to the licensee (new owner).  Though a little bit restrictive yet licensing agreements benefit the licensor by broadening his market and increasing consumers, while the licensee with royalties accessible with the trademark.

Although the registration of a licensing agreement isn’t mandatory, it is advisable to do so. Why? Registering will enable the licensee to exercise the trademark without any fear of legal issues.

Procedure for Trademark Licensing

The process of registering the license agreement is quite similar to that of assignment agreement. Like the assignment agreement, the application for Trademark Registration and transfer under the license agreement should also be filed before the registrar within six months of the agreement made. Licensor, licensee or both can make the application in the format of TM-28 form. Once the registrar is satisfied with the application, documents, etc., he/ she will make an entry into his/her record register, including the date of filing the Trademark Application and other details. The entry states that both the licensor and licensee can use the desired trademark rights as per the terms of the license agreement.

With the consistent evolution and growth in the technologies and several industries, the concepts of IPRs like trademark are continuously changing. Trademark transferring is the correct approach that attracts profits for both the original right holder and the party willing to get the rights. Hopefully, this article will help you in having the benefits of such trademark transferring. So, understand your needs as well as the procedures and thus, go for the method of transferring the trademark rights that suits you. For more visit: https://www.trademarkmaldives.com

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Intellectual Property Rights: A Crucial Need for Present MSMEs

MSMEs or Micro, Small, and Medium Enterprises that play a vital role in growing a country’s economy often lose out when it comes to the safety of their ideas and strategies. Hence, it is imperative to look for something that can protect the creations and innovations of MSMEs. Intellectual Property Rights (IPRs) are the best source adept in keeping the unique and original assets of companies safe in the current highly competitive world.

Intellectual Property (IP) industry nowadays is accessible with many types of IPRs, like trademarks, patents, etc. Nevertheless, MSMEs can opt for any of these IP rights, but sometimes one kind of IP can protect a particular asset better than others. For instance, a trademark is an exclusive IPR that suits best when it comes to secure the unique name, logo, or other assets of MSMEs. By providing a unique identity to a product, the trademark helps its owner to gain credibility amongst consumers, which ultimately serves him with financial profits. On the other side, to protect the unique and new designs that form the base of business models of some MSMEs, the enterprises’ need could not depend on a trademark. They need an IPR that is known for securing designs. Since the requisites vary as per the nature and assets of MSMEs, there is a need to implement IP protection after understanding it appropriately.

Sources to be Aware of IP

IP awareness programs are the best way to be familiar with IP. Including the Intellectual Property Facilitation (IPFC), Confederation of Indian Industry (CII), National Institute for Micro, Small and Medium Enterprises, and National Institute of Intellectual Property Management, several other institutions are famous for organizing IP awareness programs. Some of the programs with which these institutions attempt to make MSMEs aware of IP encompass:

  • Seminars,
  • Workshops,
  • Short-term and long-term training.

Need for IP Framework

With the continuous and rapid emergence of new products and businesses, the market is turning competitive. The worst fact is that to stay ahead of others in such a challenging era, many big firms don’t hesitate even in exploiting the smaller companies, thus making it crucial for the MSMEs to get familiarized with the IP protection available for their assets. That’s why it is of paramount importance for MSMEs to have an appropriate IP framework that prevents them from losing the game in the hands of big players.

An appropriate IP framework is beneficial for MSMEs in not just defending their innovative products or works but also enhancing their market value amongst the potential investors, shareholders, and consumers. Note that the IPRs, if valued, maintained, and utilized strategically can undoubtedly increase the MSME’s reputation and competitiveness.

The Present Situation

MSMEs, in the present scenario, are contributing to around 50 percent of the total manufacturing industries and 45 percent of the overall shipments in India. That’s what makes these enterprises a noticeable source adding much to the Indian economy. However, to pursue playing a role in growing the country’s economy, MSMEs have to stay away from legal issues, including trademark infringement cases, patent violation lawsuits, etc. Assuredly, the high costs, required documents, and many other things associated with IPRs turn it a bit complex for MSMEs to obtain and enforce IP protection. Nonetheless, if obtained precisely by understanding all the facts related to the IP system, the IPRs can undoubtedly bestow the owner, i.e., MSMEs with fruitful outcomes. Are you also an owner of any minor, or small, or medium-sized enterprise? It is time to secure your business with suitable IP rights that will not just keep your assets protected but also provide you with fruitful advantages for years. For more visit: https://www.trademarkmaldives.com

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