Patenting in Pharmaceutical Industry: An Indian Perspective

Intellectual Property

The pharma industry is continuously growing as one of the most profound ‘knowledge-driven’ sectors. Since the researches in this sector are expensive and unpredictable, it is vital to safeguard their outcomes, which can be a new and inventive product or process. Granted patent, which can aid pharmaceutical companies to prevent any unauthorized commercial use of their inventions, is the best means to avoid infringement in this industry. Patents, trademarks, copyrights, and geographical indication are the forms of Intellectual Property Rights derived for safeguarding the Intellectual Property (IP). Remember that not all rights can protect all types of intangible property. For instance – when it comes to pharmaceutical products, patents (out of all the forms of IPR) appear more valuable to protect the inventors’ invention.

What does Patent in Pharmaceutical Industry mean?

Patent, in this sector, refers to the legal protection for the inventors’ inventions, including new and useful medicines or drugs discovered by the research-based pharmaceutical firms. The patent rights on drugs mean that only the patentee can manufacture, use, and sell the patented drug. The patent can also provide solutions for technical issues, but to obtain those benefits by getting the invention patented, the inventors should ensure that their ideas satisfy the criteria of patentability.

What is the Criteria of Patentability in Pharma Industry?

As the Indian Patent Law states – an invention, whether or not related to the pharma sector, is patentable only if it meets the following requirements:

i) Newness/ uniqueness: The process or product must be unique, i.e., it should not be available or known to anybody in the world before the date of filing.

ii) Non-obvious: The invention should include features that make it non-obvious even to the skilled persons, for example – it should have advancements over existing knowledge or methods.

iii) Industrial Applicability: The process or product should fit the relevant industry.  For instance – a new approach of removing tumor cells from the patient’s body is not patented because it is industrially not applicable.

What are the Types of Pharmaceutical Patents?

If dealing with processes or products that pertain to a comparatively more intense ‘knowledge-driven’ industry, i.e., the pharma sector, the inventor should be more careful about patenting his inventions. Alike in other areas, the patents in the pharmaceutical industry are also territorially bound. Note that even the classification of patents varies from country to country and as per the Indian patent law, the pharmaceutical patents are classified under the following categories:

  1. Drug Compound Patents

The patents that claim any drug compound by considering its chemical composition fall under this category. Known as Markush type claims, these patents serve the inventor of a drug with the broadest protection by preventing others from preparing, using, or selling a similar drug. As long as the granted patent is valid, no one except the owner is allowed to produce or use any formulation involving his drug.

  1. Synergistic Combination Patents

Drug synergy happens when two or more drugs interact with each other to magnify or enhance the effects of the drugs. Patent law, granted by the Indian government under this type, allows the inventors to protect the new synergistic combinations of the drugs.

  1. Technology Patents

The patents under this category are associated with the techniques pharmaceutical companies use to solve specific technology-based issues, including taste-masking, stabilization, and increase in the solubility. Once obtained the patent, the inventors can prevent the usage of the same techniques.

  1. Polymorph Patents

Polymorphs refer to various physical forms or crystal structures of an existing compound. Firms produce them to lessen the impurities or upsurge the stability of their already known compounds. Due to the polymorph patents, innovative companies can safeguard the improved versions of their original or existing drugs.

  1. Process Patents

These are the patents that focus on the process of producing drugs rather than drugs. The process patents in India have been bestowing the inventors to produce and get the same products patented, but only if the process used to create them is novel.

What are the Benefits of Pharmaceutical Patents?

  • Patents in the pharma industry contribute to around 80% of the total revenue generated and is the main component adding to the growth of a drug manufacturer.
  • The granted patent is vital to protect not just products but also the innovative approaches to produce them.
  • By preventing the competitors or others from copying any drug, treatment, or medication, patent rights avoid patent infringement.
  • Patents in the pharma industry help in obtaining a remarkably good return on the high investments made to research, manufacture, and launch a new drug.

Aiming at balancing and fulfilling the requirements of both; the pharmaceutical companies and the consumers, the patent law in India is one of the best examples of patent legislation. Today, a wide range of pharmaceutical products and processes can obtain patent protection. However, before filing the Patent Application, the researchers or inventors of pharmaceutical products or processes must know about the criteria of patentability and the type of patents. It will aid them in obtaining the benefits of patent protection without any hassle. 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/

Advantages of Patent Registration in India

Intellectual Property

What is a patent? Is getting a patent beneficial? These are some common questions that can commence hovering over the mind of inventors when they come up with new inventions and attempt to relate them to patenting. A patent is one of the most exclusive Intellectual Property Rights (IPR) granted to an inventor by his country’s government for his unique invention. It empowers the inventor to prevent others from copying, modifying, trading, or importing the invention without his consent. The patent protection continues throughout its lifespan, which is country-specific. In India, the tenure of a patent lasts for 20 years right from the date of filing. It is vital to note that after this duration, anyone can use the invention. The granted patent can bestow the applicant with an umbrella full of benefits.

How is the patent registration in India beneficial?

Patent Law inspires people to come up with more and more ideas as once the patent is granted; the inventor becomes the only owner of his invention. The patent rights being different from other types of Intellectual Property (IP), can be bought, sold, or licensed. As these rights are territorial bound, one country’s patent provides the rights applicable within that nation only. For instance, the patent granted in India gives the owner rights that help in avoiding infringement issues by preventing unauthorized users from importing or using the same ideas within Indian Territory. Apart from inventors, the patent system leads to the growth of the nation’s economy by benefitting the public with affordable services.

After obtaining a patent, the owner can grab a lot of advantages. Let’s go through some of them.

  1. Provides exclusive access to all rights even at early filing

The benefits start serving the inventor from the first step of patent registration means the time when he applies for the patent. As soon as the applicant files the Provisional Patent Application, he will get the security and surety that no one else could claim the same invention, exclusively within 12 months. If any other person or company files  a similar Patent Application, the request will get rejected for the filing period.

  1. Authorizes complete freedom of reforms

The granted patent entitles the inventors to do anything with their ideas for the valid duration, which is 20 years in India. Within this period, no one can use, sell, or modify the original invention without the owner’s consent. Moreover, the inventor owns all the rights to sue the unauthorized user for using his ideas as such usage leads to patent infringement, which is a criminal offense.

  1. Generates ROI (Return on Investment)

If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can easily do so. The patent rights allow him to commercialize the invention while earning a good amount of returns on his investments.

  1. Gives a good market status

The patent law permits the inventor to obtain a remarkable public impression and improve his portfolio by disclosing the invention in the public domain. It further aids him in building up his reputation in the market and a good relationship with competitors and consumers. All these factors will ultimately upsurge his profits.

  1. Allows public disclosure

Patent rights enable the inventor to go for public disclosure that not just builds his portfolio but also increases the company’s funds, business partners, and market value. Sharing information publicly regarding the invention will demonstrate the good command and specialization of the inventor over the technical subject-matter. It will benefit the owner by attracting high-end and leading investors, business partners, shareholders, and consumers.

Why is getting patent for an invention crucial?

If the owners do not get their invention patented, then others can steal their ideas, and obtain all the above-given advantages. After going through the information provided above, one can conclude that if an inventor tries to get a patent, he should have enough knowledge about various things, like the IP industry, market scenarios, patent laws, and competitors. The inventor needs to move step by step and remember the deadlines, along with constantly keeping tracks of patent legal standards as well as required documents. However, getting a patent appears a bit tough job but earning something in your name for a certain period is worthy. 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/

Israel Patent Office Issues a New Patent to Microbot

Intellectual Property

Microbot Medical, which is a pre-clinical medical device company, recently announced that it has received a Notice of Allowance for one of its Patent Applications from Israel Intellectual Property Office. The recently granted patent whose patent application number is 231815 pertains to a system to reduce shunt stenosis. Intended to continue diversifying and expanding its Intellectual Property (IP) portfolio, Microbot has filed numerous patent applications. And now, after getting the latest Notice of Allowance, the company holds 33 issued patents and 18 pending patent applications globally.

The co-founder of Microbot Medical, HarelGadot, explained that one of their objectives is to leverage their advanced robotic technologies and explore the opportunities to get the most out of the market. The present dialysis market is available with an alternative to the existing standard of care and an umbrella full of market opportunities for their self-cleaning dialysis shunts. The allowed patent empowers them to expand and safeguard the product offerings they will be bringing in the future while assuring sustainable competitive advantages. They have faith that their firm will increase the patients’ benefits while decreasing the healthcare costs as shunt occlusion is a common complication.

The system mentioned in the patent emphasizes lessening venous stenosis related to the usage of hemodialysis shunts. The process that pertains to this system starts by inserting a cleaning device into the patient’s blood vessel. There are two needle bores, out of which the first one is set to be removed later on, while the second one is set to return the purified blood into the blood vessel.

The clearing device, when in use, contacts with the walls of the blood vessel and acts as a passive device moved down the blood vessel by the flow of blood or an autonomous crawling device, like the TipCatTM device of the company.

As per the USRDS (U.S. Renal Data System), around 750,000 patients in the United States and 2 million patients worldwide get affected by the end-stage renal disease (ESRD) per year. With the continuous increase in the number of patients incurring with the same disorder, dialysis appears the only alternative to kidney transplantation in today’s time.

Dialysis, also known as hemodialysis, refers to a process of purifying the blood of the patient suffering from kidney failure. The process emphasizes using an external circuit to pump the victim’s blood for filtering before it returns into the body. A typical hemodialysis is scheduled for three sessions per week, and each session is of 3-5 hours. 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/

What can’t be Copyrighted?

Copyright Registration

In the present highly competitive world, everyone wants to make more and more profit. For this, people sometimes may follow the unlawful path of copying and using others’ work without seeking permission. To avoid such happenings that lead to infringement of their work, owners usually use copyrights. Undoubtedly, the Registered Copyrights facilitate the original creators to prevent unauthorized users from making profits in this manner. However, this way of avoiding infringement issues does not apply to all sorts of things. So if you have written the upcoming hit song, crafted a slogan, or come up with a recipe, ensure whether you can copyright them or not.

Things that can be Copyrighted

Intellectual Property Rights (IPR), including copyrights, trademarks, and others are country-specific. Here, we are discussing the rights as per the US Copyright Office, which states that copyrights protect the things that exist in tangible form.

The Copyright Law extends to the protection of the author’s original work, which is in tangible form. The word “Original” signifies that the owner created the work by his intellectual efforts, not by copying it from any existing one. The protection may extend to an explanation, illustration, or description in written form.

In other words, we can say that copyrights cannot protect the idea you shared with anyone verbally. However, if you write down that idea, then it is likely to get copyright protection.

Note that a few things are unable to attain protection by copyrights even if they are in tangible form.

Things that can’t be Copyrighted                                    

  1. Ideas, Systems, or Methods

Things like ideas, methods, or systems cannot be copyrighted. Items included in this section are building materials, business operations or processes, mathematical principles, formulas, algorithms, and scientific or technical approaches. Copyright law safeguards the expression of ideas or thoughts, not the ideas themselves. An idea signifies a work that does not exist in tangible form.

  1. Commonly Known Information

It includes things that hold no known (original) authorship and thus, considered as common property. For example – statements like “The sky is blue” cannot get copyrighted. It is because no known authorship is associated with such statements. Other examples encompass standard calendars, telephone directories, rulers, tape measures, lists or tables derived from public documents, and height and weight charts.

  1. Choreographic Works

Choreographic works, regardless of them being original or not, cannot attain copyright protection unless their creator either videotape or notate them. The same policy applies to speeches, and the owners are unable to get the copyright if they don’t transcribe their speeches before or after giving them.

  1. Blank Forms

Copyright protection is not applicable in case of blank forms, including time cards, diaries, graph papers, and address books.

  1. Names, Titles, Phrases, or Expressions

Copyrights don’t emphasize protecting the catchy slogans, product descriptions, titles of works, pseudonyms, and names you came up with for representing your business. Ingredients of recipes, formulas, prescriptions, or label also fall under the same category. However, copyrights protect exceptions like cookbooks that provide instructions and explanations.

  1. Useful articles

Copyright law does not consider protecting things that have utilitarian functions. For example, clothing, home appliances, and automobiles. However, exceptions such as building design can be copyrighted because it is an artistic expression also.

  1. Laws

It includes all those works that fall under the public domain, such as cases, regulations, constitutions, court decisions, and statues.

  1. Work by the federal government

The federal US government creates a wide range of works. All these works including memos, rules, reports, and documents, are not permitted to get copyrighted. On the other hand, state governments are liberal to copyright their work.

Bottom Line

Though copyrights facilitate the Intellectual Property (IP) owners to protect their assets, yet it is not prudent to completely rely on these rights as they don’t cover everything. However, the creators do have some other approaches, namely trademarks and patents, to protect those things that are not protected by copyright. So rather than being worried by thinking that copyrights do not apply to the protection of some assets, it is vital to understand what copyrights can or can’t safeguard. Apart from this, you should also have insight into which type of Intellectual Property Rights can be used to protect the product that copyrights cannot. 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/

Intellectual Property Rights in 3D Printing Industry

Intellectual Property

With the availability of low-cost and high-performance 3D printers that are affordable to almost everyone, including large organizations and ordinary consumers, 3D printing is emerging as a remarkably beneficial technology for various industries. The potential use of this technology goes wider and generates both opportunities and concerns for manufacturers by facilitating them to easily manufacture objects whereas unauthorized users to effortlessly copy their products. Hence, to utilize the opportunities without coming across worries, it is vital to understand how the expanding use of this potentially transformative technology can have an impact the Intellectual Property Rights (IPR).

Working of 3D Printing Process

The 3D printing process refers to a technological way of using a computer-aided design model to build up a three-dimensional object, usually by adding layer by layer. The process begins with a digital file that is exported to a three-dimensional printer by deploying software that converts the digital model into a physical object. As this process builds up a molten material by adding layers (one after the other), some people call it additive manufacturing.

Since the 3D technology is developing at a rapid pace, businesses predict that it will soon attain a considerable position in almost every area ranging from food and fashion to regenerative medicines and others.

Benefits of 3D printing

The innovation-intensive companies enjoy various advantages, by using the 3D printing technology, as it:

  • Enables the companies to design, develop, and test the new objects with remarkably reduced expenses
  • Helps the enterprises in saving their financial assets by preventing them from paying for costly prototypes
  • Allows the firms to improve their current products

By considering the changes that 3D printing brought in the ways of manufacturing objects, it is correct to say that this technology can significantly impact the manufacturers’ Intellectual Property Protection.

Intellectual Property Procurement

Firms that design, develop, or sell the 3D printers, parts, or accessories, possess the same opportunities to protect their Intellectual Property (IP) as those in other industries.They can trademark their brands, patent their technology, and copyright their creative works. Not only objects or works but 3D printing methods are also patentable.

Avoiding unauthorized 3D printing

People who are dealing with objects based on 3D printing technology are susceptible to get infringed by unauthorized users. However, the strategies to battle against infringements in regards to 3D printing vary according to the way of infringing. Consequently, the owner may need to consider different approaches for addressing infringement by a customer, a competitor, or other.

Competitors

Restraining competitors from using others’ trademark, copyright, or patent in the 3D printing arena is similar to doing that in other industries. However, the forms of IPR, like Design Patents and copyrights, which the owners can obtain quickly, may seem more valuable to avoid infringement issues in this field.

Copyright rights in the 3D printing industry enable the creator to protect the originality of his work. As per Copyright Law, if he finds anyone violating his work, it is likely for him to get the relief by filing a case against the defendant. Apart from it, the patent protects the objects’ technical functionality, the trademark enables owners to distinguish its source from others, and the design rights safeguard its ornamental and aesthetic appearance, including the shape and form.

Customers creating replacement parts

One main area where infringement related to 3D printing technology appears considerably high is ‘Printing replacement parts.’ Instead of purchasing the replacement parts from the original manufacturers, a large number of customers prefer making them on their own. Original manufacturers or suppliers can prevent such happenings by using utility patents or copyrights applicable to safeguard certain replaceable parts.

Consumers sharing infringing files

Sharing of CAD files, whether recreated or stolen, can lead to infringement.  However, the owners can prevent such occurrences by implementing relevant intellectual property protection strategies.

Copyright and trademark rights should extend to CAD files used to create objects, which deploy underlying IP rights so that the use of those files itself displays an act of infringement. To overcome the fact that the patent rights in the 3D printing industry are unlikely to extend to the CAD files of objects, manufacturers themselves can pursue the patent protection of their files. It would help them by showing that the copying of a stored CAD file is a direct infringement act.

Conclusion

With 3D printing technology, incredible manufacturing capabilities are accessible to almost everyone in the present era. However, this affordable solution can lead to concerns, like breaching IP rights, thus leaving rights holders with difficulties in finding infringers and taking action against them. So, people should pay attention to the influences of this technology on the intellectual property industry and vice-versa. It will help them in attaining the best out of 3D technology-based objects and services without suffering from any issue. 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/

Guidelines to Prevent Intellectual Property Issues in the Virtual World

Trademark Infringement

Virtual reality (VR) is a technology that has been surrounding us, in different forms, for the past many years. Although the technology is in effect since the mid-twentieth century, the hike in its popularity came now due to the rapid technological advancements in mobile data and other relevant services. As the cost of VR devices is falling continuously, even ordinary people can afford them at the moment. Therefore, large numbers of entrepreneurs are striving to make profits by driving remarkable consumers through advanced and affordable VR services. If you also want to grow your business with the help of this technology, don’t forget to emphasize some legal considerations.

Below is the crucial information that will aid you in evading issues related to your Intellectual Property (IP) assets while investing in virtual reality technology

Virtual Reality

VR or virtual reality is a simulated technological environment, including the computer-generated, three-dimensional images that enable the users to communicate to the real world by utilizing electronic gadgets, such as:

  • Sensor-fitted gloves
  • Helmets having a special screen

These environments are self-contained and thus, do not allow people to have direct interaction with the real world.

Trademarks

Usage of third-party marks is the main thing people need to consider in association with trademarks related to VR. Virtual Reality technology-based service providers who want to deploy third-party marks on their headsets or in their content should use them after getting permission from the owner. As the incidental inclusion of Registered Trademarks is not always fair, sometimes it may result in Trademark Infringement issues. Hence, it is better to use the marks after being permitted.

If any entrepreneur provides VR service by using a mark in the course of trade for driving commercial benefits, then he or she appears to (intentionally or unintentionally) infringe that mark. For instance, if a service provider (in a fashion-based VR or a game) starts selling an item having a third-party mark on it, he possibly infringes the trademark. It is true even in cases where the businesses use virtual currency.

Copyrights

No matter, whether you are using or not using the copyright-protected assets in the course of trade or anything else, accessing the assets without being allowed by the owner can lead to Copyright Infringement. VR environment facilitates the users with a lot of options to utilize the original creative images, text, videos, and music, but with the considerable risks of infringing others’ rights.

VR software also allows businesses to use the work by altering or modifying it. As per the fair use doctrine, people can deploy or change copyright-protected assets without seeking permission from owners. But note that this policy is not applicable everywhere and thus, can make the users face legal concerns in many cases. Therefore, it is vital for the service providers to use, change, or reproduce the work after attaining permission for the same.

Conclusion

Everyday news, rapidly growing usage, and many other things regarding virtual reality are resulting in predictions that it could be the next big thing, which will serve the digital market with remarkable benefits. But as the legal considerations around this technology and their implications are continuously increasing, there is a dire need to understand it in the context of Intellectual Property Rights (IPR).Not just trademarks, copyrights, and patents, but many other legal subjects, including product liability, data protection, etc., are also related to the new virtual reality age. For more visit: https://www.trademarkmaldives.com/

Blockchain and Intellectual Property

Intellectual Property

Multiple industries are already exploring the possibilities of using blockchain technology, thus making it the hottest topic nowadays. Since blockchain ensures comparatively lessened administrative burden, low maintenance cost, and resilience to avoid fraud, every next day arises with new cases of its use in different sectors. But how can the blockchain technology affect the Intellectual Property (IP) industry?

Blockchain

People often have a misconception that blockchains are Cryptocurrencies like Bitcoins. Yes, cryptocurrencies indeed use blockchain technology, but this advanced technology itself is much more than several online currencies. In general, blockchain is a distributed or open ledger of statistics used to track and record transactions that are verified or exchanged on peer-to-peer networks. By allowing verification of transactions and advance identification of future entries, blockchain maintains a reliable record. Parties can not alter the entered data afterward. Moreover, no block or transaction can add to the ledger until all participants (nodes) in the network verify it.

As each transaction gets validated by multiple participants, the process leaves nearly no scope of hacks because to change any information, hackers have to strike each copy of the ledger.

Role of blockchain in the IP industry

At this moment, authenticators like the governments of various countries and other administrative bodies are the managers of Intellectual Property Rights (IPR). Sad but because of physical limitations, this system seems incapable to meet the pace of continuous developments in the digitized and globalized market. Hence, there is a need for a more feasible and reliable alternative that is blockchain, a possible successor to this physical system in the existing digital space.

Blockchain can benefit the IP industry in many ways, such as:

Ideas Generation

“How to protect my ideas?” is the foremost question that almost every individual or company comes across while it creates new ideas. In those circumstances, most owners look for a patent to protect their assets.

A blockchain is an excellent option that keeps the companies and individuals away from worries by allowing them to identify and place their innovations on a reliable record. By giving precise information about the first creator of the ideas, this technology can avert expensive litigation issues.

Ownership and Licensing

With limitations in the current physical system, verifying the ownership or licenses of the patent appears quite challenging. Most companies often trade IP assets without updating the ownership status, thus making it difficult for others to attain a license for their products. These difficulties further result in patent disputes that blockchain can prevent by providing accurate records of licensing and ownership associated with IP assets.

Anti-Counterfeiting and Supply Chain Management

The aspect of blockchain to show the ownerships and licenses in the records facilitates the people to track assets on the supply chain. Apart from this, blockchain-connected imprints enable the authorities and customers to differentiate between genuine and counterfeit products.

Conclusion

No doubt that this advanced technology is in its early stages at present, but persistent growth and propagation can aid businesses in solving problems related to the IP industry. Implementing new technology in an industry that already has proven methods is challenging and demands many efforts. Still, if the Intellectual property industry succeeds in winning the challenge of adopting a precise path for blockchain technology, it could enjoy amazing benefits. For more visit: https://www.trademarkmaldives.com/

How Copyrights, Trademarks, and Patents Differ?

Intellectual Property Rights

A common question whether Copyrights, Trademarks, and Patents are the same or different often hovers over our minds. The main difference between these three common forms of Intellectual Property Rights (IPR) is that they protect different assets. In today’s competitive era, clear information about copyright, trademark, and patent, and how these differ from each other is essential for protecting your business from infringement issues.

What is Copyright?

Copyright is a type of IP protection that includes the right to secure your original work, including content, images, and everything you put online, on paper, or elsewhere. Copyright encompasses the right to:

  • Reproduce the work,
  • Produce derivative works,
  • Distribute and advertise copies,
  • Represent and perform the work publicly.

Copyright Registration will bestow you with full control over how your assets are made available to others. To ensure complete protection of your copyright, you must register it with the government. Otherwise, you will be unable to sue people or companies for Copyright Infringement.

What is a Trademark?

A trademark refers to a word, symbol, phrase, or logo that recognizes and distinguishes the source of one product or service from others. Trademarks have goodwill associated with the products and services, which further helps the customers in finding their desired products.

Examples of some common trademarks are as follows:

  • Words such as Nike
  • Logos such as the swoosh
  • Slogans such as Just Do It

Apart from giving the ability to sue the unauthorized user, Trademark Protection empowers you to grant permission to others for using your Intellectual Property.

What is a Patent?

A patent is a limited duration IP right that safeguards your inventions by not allowing others to use them.

Patent Law encapsulates:

  • New and useful industrial processes,
  • Machines,
  • Manufactured products,
  • Chemical compositions,
  • Developments in assets.

A patent right gives you the complete authority to prevent others from using or selling your invention. All the responsibilities from implementing the patent law on discovering any infringement to bring the defendant in a lawsuit lie with you.

How Copyrights, Patents, and Trademarks are Different?

i) Assets Protected 

  1. Copyrights protect the original material of the owner, for example – books, images, blogs, etc.
  2. Trademarks secure words, symbols, or phrases that distinguish a company’s assets from others.
  3. Patents ensure the protection of inventions, including processes, manufactures, machines, compositions, and improvements.

ii) Requirements

  1. For attaining Copyright Protection, you should provide original and creative work.
  2. To get your Trademark Application registered, you need to ensure that the mark identifies the source of your product.
  3. While applying for a patent, you should make sure that your invention is new, non-obvious, and valuable.

iii) Terms of Protection

Terms of Protection for intellectual property rights are country-specific. For example, in India:

  1. Copyright rights are valid for the duration, including your (owner’s) life followed by sixty additional years.
  2. Trademark Protection extends for 10 years from the date of application.
  3. Patents last for 20 years.

iv) Rights Granted

  1. Copyrights grant the license to use, disseminate, and publicly display your copyrighted material.
  2. Trademark grants the license to prevent businesses or people from creating confusion because of using marks similar to an already existing trademark.
  3. Patents grant the license to prevent others from using, selling, or importing your invention.

Conclusion

Due to rapid technological advancements, not just the businesses are developing but also the issues like infringement and fraud are increasing. Hence, there is a dire need to protect your intellectual property, which is possible with proper knowledge regarding all types of IP. For more visit: https://www.trademarkmaldives.com/

Offwhite Sues Virgil Abloh Alleging Trademark Infringement

registered trademark

OffWhite Productions LLC sued Virgil Abloh’s OffWhiteTM for infringing its trademark rights. The New York-based marketing and creative agency claimed that the defendant had hijacked its brand name.

The complaint filed on Sunday in Federal Court includes claims:

  • OffWhite Productions has been operating with its registered trademark since the late ’90s, whereas Abloh launched its Milan-based mark in 2012.
  • OffWhite had maintained a website named as “offwhitedesign.com” since July 2001 and operated a Twitter account with @offwhitedesign.

OffWhite Productions also accused the defendant of continuously applying for new trademarks, encompassing a logo that is “unmistakably similar” to one of its marks.

Besides the above claims, OffWhite Productions alleged the fashion agency saying that the defendant is “steamrolling its path for years by misusing its (OffWhite Productions’) present and past senior and superior rights, and putting a legal, branding, and commercial barricade in the expansion of OffWhite Productions’ business.”

OffWhite Productions claimed that the actions of using the same brand name by Virgil Abloh are creating confusion and hampering its competitive advantage. The plaintiff continued that the advanced Search Engine Optimization (SEO) practices by OffWhiteTM to promote the infringing use of its trademark, along with its celebrity-outreach campaigns and public relations efforts; have displaced offwhitedesign.com (website) from top search results of Google.

Considering all these facts, OffWhite Productions formulated a set of claims including federal trademark infringement, common trademark dilution, and unfair competition. It is also looking forward to seeking monetary damages and stop OffWhiteTM from using any such logo or mark to prevent confusion in the consumer market. For more visit: https://www.trademarkmaldives.com/

Role of Copyrights in Social Media

Intellectual Property Rights

In today’s digitally equipped world, social media plays a significant role in the success of businesses. Having many existing users, along with adding more regularly, it provides the companies with remarkable opportunities to get more traffic and customers. Undoubtedly, by sharing images and content on social media sites such as Pinterest, Twitter, and Facebook, businesses can make considerable profits. However, to keep everything going smoothly, the firms need to be cautious while posting on social media; else Copyright Infringement can bother them.

The blog includes many facts regarding social media sites, copyright policies of these platforms, and tips to keep copyright infringement issues away.

Copyrights and Social Media

A few years ago, the copyright process was easy. However, with the advent of the internet, advancements in cyberspace and social media that made stringent laws to settle down at a back seat for controlling businesses’ progress, the process turned difficult.

Are you an entrepreneur and want to stay away from online embarrassment and costly litigation when you use social media sites to promote your business? You need to have a precise and comprehensive idea about Copyright Laws and what you write or post online.

Social media sites like Twitter, Facebook, and others may let you proceed with the copyrighted material. But, as these platforms don’t own the content or image you post, rights related to copyrights lie with the owner. Agreeing to the terms and policies shows that you are giving license to the sites to use your works. Each site is available with different agreements.

The below examples of Facebook (FB) and Pinterest will help you in getting a clear idea of how copyrights work with social media.

Facebook: FB’s service terms explain that all rights to your post lie with you; no matter whether it holds an image or content or both. Just by enabling the privacy and application settings, you can control how the posted content will be shared. FB offers terms and conditions even for the content protected by Intellectual Property Rights (IPR).

Pinterest: Policies of this site state that it can use your content if you agree to its terms and conditions. Pinterest copyright statement includes a link that facilitates you to file a complaint or case against people who violate your copyright.

Tips to evade copyright infringement on social media

  1. Receive permission

The safest way to use copyrighted content or image is to get permitted by its owner. Once allowed, you are free to utilize the image or content without any fear.

  1. Prefer public domains

Selecting images from sites that are free from copyright restrictions is also a fruitful way to keep infringement away. On the internet, a plethora of websites are available with images that you can use without facing any legal issue.

  1. Give credit

If you are not able to reach the owner and seek his permission for using the content, it is better to give credits by attaching a link tothe source in your post.

  1. Overview ownership rights

Going through all the ownership rights on social media sites is essential. Apart from these rights, you should also overview the guidelines on safe usage of the copyrighted material.

  1. Believe in purchasing

There is no harm in paying some cents for purchasing copyrighted content as it will keep you far from expensive legal problems. iStock, Shutterstock, and Bigstock are a few websites offering good images at reasonable charges.

Conclusion

Social media posting is one of the trendiest strategies that can make your brand visible worldwide. However, if you want to avail the best possible advantages from this advanced strategic approach, you need to be meticulous about the most common issue – copyright infringement. Moreover, you have to be familiar with all the essentialities for safeguarding your material from its unauthorized use. For more visit: https://www.trademarkmaldives.com/