What is the Difference between a Provisional Patent and a Permanent Patent?

Your invention is the result of your hard efforts, and you must not want anyone to make profits by using it or a similar one without your consent. Patent Registration is one of the most valuable sources, which empower you to prohibit others from using your unique and new ideas in today’s malicious era where issues like patent infringements are common. A patent, if granted, bestows you with not just the Intellectual Property Rights (IPRs) to ensure the protection of your innovation but also a good reputation that attracts profits. However, to enjoy the full-fledged benefits of registering a patent, you must know about what a provisional patent is and how it differs from a permanent one.

Provisional Patent

It is imperative to note that there is nothing like a provisional patent in the present Intellectual Property (IP) industry. Nevertheless, a Provisional Patent Application is an introductory step towards the road of getting robust patent protection. Filing a provisional patent application is crucial as it allows the inventor to market his invention without any worry related to its theft and to continue with further development and patent operations. It is a legal document that provides an early filing date and gets transformed into a granted patent only when the applicant applies for a regular non-provisional patent.

Permanent Patent

The permanent patent provides the Patent Protection that prevents unlawful using, making, copying, and sharing of the same or similar invention. The permanent patent application is a techno-legal document that includes a description explaining the invention, disclosing the best-known procedures of carrying it out, and one or more assertions showing the scope of the invention.

Difference between Permanent and Provisional Patent

  • The foremost fact that establishes a difference between these two patents is cost. For instance, Filing a Provisional Patent application is cheaper in comparison to filing a permanent one and therefore, beneficial for individuals, companies, etc., that are available with a limited budget. Besides, provisional patent registration demands no legal necessities, which are compulsory in case of permanent patent registration.
  • By filing a provisional Patent Application, the inventor can secure his/her invention as soon as he/she creates it and along with the benefit of maintaining and supplementing that invention. It means this application allows you to continue working and making improvements in what you have invented even after filing it. Once done with the modifications in your invention, you can apply either for its permanent patent registration or another provisional patent associated with the same. On the other hand, filing of a permanent patent application provides no option to make changes or add any new subject matter to your invention. Therefore, if you want to protect what you have invented while working on its improvements, then it is essential to file a provisional patent application rather than a permanent one.
  • The role of the Patent Office is another remarkable aspect that differs provisional and permanent patent applications from each other. Patent Office doesn’t emphasize the provisional patent application until and unless the inventor files a permanent patent application that claims privileges and benefits of the priority under the provisional application filing. It means until and unless the inventor moves forward to permanent registration, there is no need for an additional fee associated with the Patent Attorneys or office. In other words, the provisional patent application enables you to lay the foundation for getting a patent, be benefitted with patent-pending, and preserve funds in the process, whereas permanent doesn’t.

Undoubtedly, provisional and permanent patents are quite different, but if used together, these two vital tools can secure your invention in the best and fastest possible way. Nevertheless, it is imperative to note that the provisional patent application remains pending at the Patent Office for a maximum of 12 months from the date of filing. So if an applicant files a provisional patent application, then he must apply for a corresponding permanent patent also within the twelve-month patent pendency duration of the provisional application. Why? It is essential to accomplish the Patent Process with ease and get comprehensive advantages of patenting an invention. For more visit: https://www.trademarkmaldives.com

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Indian Government Eases Rules for Patent Filed By Women & Many Others

 

Recently, the Indian government has simplified the rules set in the nation’s Patent Law for patents filed by women, government agencies, and small entities. It has also incentivized Indian companies to obtain Patent Protection abroad. DPIIT, the Department for promotion of Industry and Internal Trade, has announced the further rules amending the Patents Rules, 2003. Besides, it has also facilitated the testing of patents in cases wherein the applicant is a startup, small entity, or an organization, either founded under a Central, Provincial, or State Act or controlled, owned, or financed (wholly or substantially) by the government. An expert on Intellectual Property Rights said that they expedited the testing of patents to foster creativity amongst startups, women, and small companies, and to aid the Indian government for commercializing its patents by charging a royalty. The government has also fostered Indian companies for filing patents abroad. It has put an end to the charge needed to be paid for filing the electronic international application with the Patent Cooperation Treaty (PCT) and the transmission via the World Intellectual Property Organisation, abbreviated as WIPO and created to incentivize creativity and encourage the protection of Intellectual Property (IP) worldwide. Moreover, the department has drafted guidelines concerning the protection of IPRs in educational institutions like schools, universities, and colleges. These guidelines have revealed that an academic institution can enjoy the long-lasting patent rights if any of its student, staff member, or researcher has utilized its funds and resources for the development of a useful asset. In other words, if an institution associated with education works as per this condition, the patent rights will rest with it. It is predicted that this move of the government and relevant legal teams will prove to be beneficial for all, facing challenges in dealing with the rapidly increasing competition in the present competitive market. However, the recent amendments in Filing a Patent Application to get a patent in India and overseas demand investment of some time and efforts of Indians but it would serve them with more benefits and better opportunities. For more visit: https://www.trademarkmaldives.com

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Facebook Wants to Trademark the Term “Book”

Facebook Inc., one of the largest social media giants worldwide, has filed a Trademark Application for securing a trademark for the term ‘Book’ in Europe, after many years of successfully registering the generic words ‘Face’ and ‘Book’ in the United States.

Filed by Facebook in June 2019 with the European Union Intellectual Property Office (EUIPO), the application has been accepted by EUIPO and is presently under assessment, with a decision anticipated later. The ideology of trademarking such common words is to prevent the small and fledgling firms from using the name of established brands to offer products and services similar to the brands’ ones, thus confusing the customers and making false income on others’ names.

The application filed by Facebook holds a list of hundreds of relevant products and services such as electronic game software, software for modifying photographs, wearable peripherals for computers, and electronic radio components.

If the application gets approved, it will enable the word ‘Book’ that initially recognized as a traditional paper-based data storage format to join the terms, including Face, Wall, Poke, Like, the letter F, and a specific shade of blue in the big list. Moreover, the social media giant will start preventing its competitors from infringing on the word ‘Book’ – something that will not be an unimportant effort; but, undoubtedly within the power of Facebook and legitimate teams associated with it. Nevertheless, the bad news for Facebook’s competitors, especially fledgling and small companies is that the social media giant has proved to be very happy to chase and shut down the firms for perceived Trademark Infringement.

Although it may not be the adept time for Facebook to seek positive results in Europe, where the American giants incur a low amount of trust and goodwill, still the social media giant is consistently striving to complete its trademark collection as it has already got the word ‘face’ registered over a decade years ago, thus making it believable that its new application too will be granted.

In the US, several other terms in addition to ‘Facebook,’ – ‘Face’ and ‘Book,’ are now secured as Facebook’s Intellectual Property (IP), for example – ‘BOOMERANG,’ ‘F8,’ ‘LIKE,’ etc.

Facebook is not the only giant or company seeking to obtain Trademark Protection for generic words, for example – Ohio State University and fashion designer Mark Jacobs are too making efforts to be the first in getting a Registered Trademark for the term “THE” with the US Patent and Trademark Office (USPTO).

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8 Steps to Prevent Unauthorized Use of Intellectual Property Online

Your company’s Intellectual Property (IP), regardless of what it is or the form in which it is existing, is often more valuable than anything else. Hence, the security teams and IP executives of your firm must understand the need to keep these crucial assets safe against the rapidly emerging dark forces that are continuously trying to steal them. With the advancements in digital technologies, robbery and unauthorized use of inventive works like pictures, content, or other vital IPs have become very common. The unique online IP assets that are intended to gain followers and customers for your business if stolen and used by others can reduce your profits. Therefore, it is essential to legitimately prohibit others from infringing on your online intellectual property.

Steps to Protect your IP Online

Is somebody already using your work and thus, earning on your name? Don’t worry as the following steps will not only help you in dealing with unlawful use of your work but also reduce the possibilities of your IP’s theft in the future.

  1. Comprehending Copyright Law is Must: Your unique blog, picture, content, and video are your IP and get protected from the moment you create them. Undoubtedly, it means that no one can use the work without your permission, but many people (knowingly or unknowingly) still try to reproduce it. No matter what the reason is, people often try to steal and use your assets. Nonetheless, you can prevent them from doing so by using the copyright protection surrounding your work, but as different work is protected differently, there is a need to have a deep insight into copyright law. Besides, filing a wrong Copyright Infringement case can leave you with penalties, thus turning it more significant to comprehend the law.
  2. Issue an Official Copyright Notice: Such notices are one of the best means to prevent people from violating your work as it informs people that the particular work is your IP. Though these notices don’t grant additional protection or rights, yet putting them in your content can keep your work safe.
  3. Formulate an Easily Understandable Permission Policy: Create an explicit permission policy that provides clear statistics about how users can use your work. Tell them for what kind of use they need to take your permission and what they can use without seeking your consent. It will benefit you by making people consult you before using your content as well as by giving a published standard that you can refer to if anyone infringes your IP.
  4. Have insight into Users’ Intention: Not every person who re-posts your work does so to violate it. Some may do this as they are not aware of the law or the fact that the work is your IP. Moreover, a few may be using it just because they want to develop the interest of their target readers. Hence, be cautious and have an ideology about the users’ intention behind using your asset before taking any legal step.
  5. Request Removal of your Work: Many times, the users’ motives are not harmful, i.e., they are violating your Intellectual Property Rights (IPRs) unknowingly. Even after executing the previously mentioned step, if you still come across such users, be kind to them and try not to suppress their enthusiasm. Send an email or put a comment informing them that they are unintentionally committing an illegal act. Furthermore, suggest them to get benefitted from your work by using it legally as per your permission policy.
  6. Turn Your Request into Demand: Are the users not responding to your request aptly? It’s time to be a little bit rigid and turn your request into demand. Send a demand letter or an email asking the users who are behaving as offenders to remove your copyrighted content from their site.
  7. Extract Benefits from Infringer’s Hosting Service: Are the offenders still not ready to cooperate? Carry out some searches and discover their WhoIs record. You can do this by utilizing the efficient tool named as DomainTools. The information gathered in this way will reveal their domain registration information, encompassing the details of the host of the website. Create an email, including statistics that why you want the offenders to remove your work from their website. The legitimate service on receiving your email will investigate the case, and if it discovers your request appropriate, then demand the offender to respond as you want. Nonetheless, if the infringers don’t act aptly, it will take their website down.
  8. Hire an Attorney-at-law: Do the service providers appear shady, incompetent, or offshore? Relax as it is not a new concern, many people suffer from the same one. At this instance, IP attorneys can serve you with relief by putting such nasty infringers out of your professional life. They can even proffer guidelines on How to Manage Intellectual Property, how to ensure effective IP Portfolio Review and Management, etc., to avoid similar worries in the future.

IP is the base of almost every business, and thus, no one can afford to lose these valuables in others’ hands. Hopefully, the steps in this article will prove beneficial in safeguarding your intellectual property online. So don’t miss out on these steps as not directly but undoubtedly they play a crucial role in your overall success. For more visit: https://www.trademarkmaldives.com

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Must be Aware of Copyrights! Let’s Know About Copyleft Now!!

In the present Internet age where it has become ever-easier to infringe on Intellectual Property Rights (IPRs), you must have heard about copyright. Most of us know that copyright is an exclusive right that enables the creator to use his original work while preventing others from stealing it.

As a creator, you need to safeguard your unique and creative Intellectual Property (IP) assets. For instance,

  • Photographers should copyright their photos,
  • Software developers should use appropriate licenses,
  • Bloggers should issue DMCA (Digital Millennium Copyright Act) notices.

However, this can be a headache, specifically if you are prolific and your work is famous. That’s why many creators are adopting copyleft. Here’s everything you should know about the copyleft license.

Copyleft

Copyleft is all about a concept by which you can share your work to third parties with some rights such as copying, modifying, etc. Under copyleft license, people are free to use, change, or distribute the work as per their need in exchange for just one condition of preserving the same freedom in the modified versions of the work. It encourages more and better publications. However, copyleft obliges people to distribute the modified work on the base of providing the same or similar copyleft license to others, but it isn’t necessary to make copyleft work free like in the public domain.

3 Key Concepts Related to Copyleft

  1. Copyleft is About Users Freedom

Despite what the name implies, copyleft is not about abolishing copyright. Instead, it is a subset of the copyright license and functions on an objective to provide freedom to the users.To understand this concept, we need to recall copyright that bestows the owners of the original work with legal rights to dictate how others can or cannot copy, reform, and distribute their works. If someone uses the original work in a way contrary to how its creator allows, the owner is entitled to take legal action, i.e., file Copyright Infringement case. It means the creator with Registered Copyright holds power to restrict what others can do with his work. Although copyleft licenses exist within the legal structure of copyrights, their core notion is that the users should be allowed to copy, modify, and distribute works as they want, with only one crucial clause: all derivative works offer the same freedom of use to other users.

  1. Copyleft Is Much More Than Just Permission

Copyleft license is not like a permissive license, which grants users the freedom to do anything they want. Copyleft gives freedom but imposes some demands as well. The most noticeable requirement of the copyleft license is that the users must distribute derivative works under licenses that offer rights, which are either the same or similar to the original work.

For example:  Suppose a photographer gives you a copyleft photo. As a user, you have the right to modify and share that photo however and to whoever you want, but you would also need to permit anyone else to use your work as he wants. It is known as the ‘share-alike’ clause.

Copyleft is beyond just allowing freedom; it demands freedom.

  1. Copyleft Isn’t Always Free

As mentioned above, a copyleft has two aspects:

  • The freedom for users to copy, modify and distribute derivative works
  • The “share-alike” clause to maintain liberty in derivative works.

Nonetheless, there is nothing that makes copyleft work available at no charges. In other words, you may not be able to get a specific copyleft work without paying for it. However, once you do pay for it, you’re free to use it as long as you maintain the same freedoms in the derived work.

Difference between Copyright and Copyleft

Since the concept of copyleft springs out from that of copyright, there can be hardly any comparison between copyright and copyleft. Nevertheless, copyright is restrictive in terms of forbidding third-parties from using rights reserved for the author without his permission whereas copyleft allows third-parties to use the rights liberally but while ensuring that the liberality will not cut off and reaches to every user of the work. In simple words, copyright emphasizes restriction and originality of work of an author, whereas copyleft proffers as well as demands freedom.

Copyright or Copyleft

People often have queries; whether they should go for copyleft, is it right for them, etc. Well, solutions to such questions lie in the author’s will; whether to share the rights with third-parties ready to do the same with others or keep them to himself/ herself. If you go for copyleft licensing, you may sometimes find it a bit harder to make expected money. Besides, even if you succeed in making earnings, they would be significantly less in comparison to that you could have made by traditional copyright rules. Hopefully, this article has given you a better idea about copyright and copyleft that can aid you in making a fair decision. Nevertheless, if any doubt is bothering you, be smart and consult an experienced attorney who can assist you in understanding these legal terms better. For more visit: https://www.trademarkmaldives.com

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New European Patent Extends Vubiq Networks’ Global Protection for Wireless Communication

The innovation leader in extremely high frequency (EHF) millimeter-wave wireless broadband communications technology, solutions, and products named as Vubiq Networks announced that the European Patent Office has recently awarded a new technology patent for its wireless communication.

The patent numbered EP2737718B1 is related to System and Method for Wireless Communication in a Backplane Fabric Architecture.

Mike Pettus, the founder of Vubiq Networks, said that the allowance for this Patent Application provides additional worldwide protection for their millimeter-wave Intellectual Property (IP). They can now keep their IP safe in the area of ultra-high-speed, short-range, wireless connectivity as applied to solve the scaling constraints as well as costs for internal data center connections, switching, and cloud computing.

He added that their innovative EHF wireless technology leverages the wide bandwidths of the millimeter-wave spectrum for requirements of the high-density communications within the modern data center. It overcomes the existing limitations of cabled and centralized switching architectures.

Vubiq Networks’ technology provides the wireless uplink capacity of more than one terabit per second from a single server rack through its innovative method to create a millimeter-wave extensive mesh network.

By using millimeter-wave wireless connectivity, the company emphasizes combining the elimination of all inter-rack copper, fiber cabling, and core switches with higher throughput and reliability, and lower latency and cost.

Mr. Pettus continued by saying that the new patent award is the European version of their existing U.S. patent numbered 9537794, issued on 3rd January 2017. In the series of patents that they refer to collectively as their data center patents, this is the 5th one. Although it carries chip-to-chip, board-to-board, and rack-to-rack high-speed communications from their earlier patents, this patent addresses the physical architecture of deployment in and on the rack cabinet in a data center environment.

Vubiq CEO, John Dilworth, said that as the company resumes proceeding further to worldwide protection of its millimeter-wave patent portfolio, this recent patent grant is a significant achievement.

He added that besides this newly granted patent by the European Patent Office, they were also awarded a European patent for their millimeter-wave exactness waveguide interface. In total, the firm holds 13 U.S. technology patents, 2 U.S. patent applications, and 2 European patents in the area of EHF millimeter-wave components and system-level communications.

Vubiq Networks

Headquartered in Irvine, California, Vubiq Networks, Inc. is a privately held wireless networking technology company, which designs, manufactures, and markets high-bandwidth millimeter-wave products. Intending to continue to innovate in the millimeter-wave market, the company provides noticeable solutions in regards to wireless broadband communications, RFID tag decoding, video transport, wireless data center services, and synthetic aperture radar applications. 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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Michael Kors Files a Lawsuit against New Haven Flea Market

Fashion house Michael Kors LLC has recently sued the operators and vendors of The Boulevard Flea Market on Ella T. Grasso Boulevard over counterfeit sales of the products carrying the company’s brand name for years, and that the practice hasn’t creased even after many repeated warnings.

The plaintiff, in the filed lawsuit, named the flea market operator C.G.C. Enterprises and its owner, Charles Cheslock, Landlord Digsby, Taylor and Hobbes, and Vice President Richard Lebov, and 100 “John Does” as defendants who are believed to have sold fake Michael Kors products.

Attorneys for Michael Kors LLC have noted that New Haven police had reportedly seized more than $2 million worth counterfeit products from the market in November 2013. As per the complaint, an inspector working on behalf of the company purchased counterfeit goods from 31 vendors in June 2018 and in December 2018, the company then sent cease-and-desist letters to those vendors of the flea market. The inspector in August 2019 had not just returned to the flea market but also purchased more counterfeit items. On every visit, as the complaint showed, the inspector saw more than 500 counterfeit goods offered for sale.

In the complaint filed, the attorneys for Michael Kors have noted that these conducts harm the brand’s reputation, branding efforts, and those who purchase the products expecting them to be the real products. As per the attorneys, Michael Kors has expended an enormous amount of resources to combat the sales of fake items at the Flea Market. Despite several efforts to restrict sales, the brand has met with uncooperative landlords and owners who have refused to take appropriate actions. The irresponsible conduct of the operators and vendors is also raising irreparable monetary and other types of damages to Michael Kors and its products’ customers.

The complaint claims that by conducting the illegal act of counterfeiting and falsely defining the origin of the items sold, the operators and vendors of the flea market have committed Trademark Infringement. With many other requests, Michael Kors is looking for a legal order that prohibits vendors and operators from selling counterfeit products, requiring them to turn over all the false merchandise for destruction, along with monetary damages, punitive damages, and statutory damages. For more visit: https://www.trademarkmaldives.com

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Metrasens Global MRI Safety Business Obtains another Patent

A leading provider of advanced magnetic detection technologies, Metrasens has proudly announced about the recent grant for a new patent by the US Patent and Trademark Office (USPTO) for further strengthening of its patent portfolio. The newly granted patent revolves around the protection of the technology proficient in decreasing alarm weakness in the Ferromagnetic Detection Systems (FMDS) of Metrasens. Being used to increase the safety of staff and patients in the MRI departments of hospitals, Metrasens’ FMDS systems for MRI safety were invented by the company’s founders and have been purchased by MRI departments in 36 countries since 2003, when they were first introduced globally.

By obtaining its first patent before 2000 along with a total of 21 international patents till now, Metrasens at present has a considerable Intellectual Property (IP) in the field of magnetic detection. Nevertheless, this family’s patent protection granted in China is currently subject to a challenge by Nanjing Cloud Magnet Electronic Technology Company Limited in the China State Intellectual Property Office (SIPO). Metrasens is defending itself against the plaintiff and its affiliate – Nanjing Haole Technology Company Limited (NH) in the Nanjing Intermediate Court for Copyright Infringement and in the Shanghai Intellectual Property Court for Patent Infringement. A decision announced by SIPO in regards to this case has proclaimed that the office concludes the patent to be invalid because it lacks an inventive step. It appears that Metrasens will robustly appeal to the SIPO decision.

Metrasens with an intention to defend itself claimed that previously, Nanjing Haole Technology Company Limited was a distributor appointed to disseminate its Ferroguard FMDS products in Southern China. Metrasens had terminated the relationship as it found this group emerging and selling products that possessed very similar technical features and functions to those for which Metrasens had obtained patents. With the aid of Beijing Yihai (one of its distributors), Metrasens has evolved as a leader in providing MRI safety services and resolutions to hospitals throughout China. Metrasens also has a Patent Application having further eight patents that reflect its investment to develop technology that helps in keeping the Chinese citizens safe.

Metrasens’ CEO and co-founder, Dr. Simon Goodyear, said that their close connections with MRI system vendors and the Chinese radiology community facilitated the fast and accelerating adoption of their Ferroguard systems in China.They are proud that both the IP executives and the MRI community value the benefits of their products, which are the result of years of their experience in this field. The new patent will help them in continuing to pursue their goals of safeguarding Metrasens’ intellectual property and businesses and of improving patient safety in China. For more visit: https://www.trademarkmaldives.com

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How to Use Copyrighted Material for Advertising Free from legal Concerns?

All may not be aware of this, but advertising is as old as commerce and civilization. Nearly 3, 000 years ago, people tended to promulgate their products and services on clay tablets, through town criers, etc.; however, advancements in technology have changed the ways people advertise their business today. Companies nowadays beckon potential customers by using pamphlets, brochures, billboards, radio and TV communications, commercial text messages, email advertisements, and many other advertising tools.

With the availability of so many options to advertise products and make consumers buy them, more and more businesses are moving towards advertising, thus turning the industry comparatively more competitive than ever before. Besides competitive, advertising appears a costly affair for most entrepreneurs, startups, and SMEs (small and medium-sized enterprises). Ultimately, the limited budget and the human tendency to exaggerate quick benefits in the cut-throat challenging era make people advertise their business by using the copyrighted products of others. It is because creating new items often demands high investments in comparison to accessing copyrighted ones, but advertising in this manner may lead to Copyright Infringement issues. Hence, if you want to use others’ copyrighted materials in your business ads, then make sure to do so while keeping the legal concerns at bay. It is easily possible by getting information about the legal policies on how to use copyrighted items without facing legal concerns.

Copyright law and Advertising

Copyright law facilitates the creator of creative work with exclusive rights that help them in preventing unauthorized users from using their work. The copyright rights limit people from making profits by accessing any material without obtaining the owner’s permission. According to this law, the person who violates the copyrights of others could have to pay a fine as a penalty for infringing someone’s Intellectual Property Rights (IPRs). Since the same policies apply to the advertising industry also, there’s a need to be cautious while using copyrighted materials in your ads. Some copyrighted items that you might desire to use in advertising include:

 

  • Pieces of literature
  • Song recordings
  • Photographs
  • Art

Copyright Basics

As copyright rights are country-specific, they often vary from nation to nation. Therefore, before using any copyrighted work in advertising, you should be familiar with its copyright status as per that nation. For instance, the copyright law of the US states that the tangible items created after 1978 are capable of obtaining Copyright Protection automatically. The owners neither have to display a copyright symbol on them nor need to register them with the U.S. Copyright Office. On the other side, materials manufactured before 1978 should either have a copyright symbol or be registered. Becoming familiar with the copyright status of any item in that particular nation isn’t enough; make sure to know about their use as well.

Commercial Use

Most people desire to use the copyrighted material for commercial purposes but such usage, whether in advertising or any other area, is not permitted without the owners’ permission. Nevertheless, the items published before 1923 are acknowledged under the public domain and therefore, allowed to be used in commercials. Note that the materials published after 1923 get the copyright protection that lasts for 95 years from the time of publication and 120 years from the day of creation and can’t be used (without permission) during these periods.

Fair Use

Fair use is one of the most noticeable exceptions to U.S. copyright laws. It enables people to use copyrighted works, but only if doing so benefits the public, cultural activities, or educational contexts. For instance, an ad that can help people quit smoking can use a quote, sentence, or paragraph from a copyrighted medical textbook. Ads that educate the public about bullying, drug use, etc., also fall under the same category, i.e., fair use. Although this category permits the use of copyrighted materials, you must display a clear purpose of the advertisement associated with public welfare and use the snippets of the items. If you fail to do so, then you may fall into legal issues. Besides, remember that no law provides apparent information about how much use of a copyrighted item is permissible. For example, you may use some lines of others’ textbook but not some pages of the same.

Permission for Use

As per this policy, you can use someone else’s copyrighted work in your advertising, but after obtaining a license that the licensor may provide you in exchange for a set amount. Hence, you have to determine the licensor by finding and viewing the name located next to the copyright symbol. In some cases, when there is no symbol or name on the item, you should search for the name online on the U.S. Copyright Office website. This category emphasizes money but not always, like owners of lesser-recognized work can permit you to use their work only in exchange for publicity by having their name somewhere in your ads. It means you can enjoy profitable advertising for your business that too without paying any money.

Advertisements are one of the common targets for Intellectual Property infringement lawsuits. If you are not cautious, you can lose your brand reputation and face financial losses. Here, we have tried to provide vital data that can help you protect your ads and prevent legal troubles. As prevention is always better than cure, before launching any advertising campaign in the future, be sure that it suffice both a general legal perspective and an IP perspective. For more visit: https://www.trademarkmaldives.com

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