South Africa Grants World’s First-Ever Patent with AI as Inventor

South Africa Grants World’s First-Ever Patent with AI as Inventor

Inventions created by Artificial Intelligence (AI) are the next big thing in the field of innovation. The question, “To whom can a patent be granted for AI inventions?” has been a part of many debates for a pretty long period now. Surprisingly and interestingly, South Africa has recently become the world’s first-ever nation to grant a patent that names AI as its inventor. It has also named the AI’s owner as the owner of the patent invention.

The patent has been secured by the University of Surrey’s professor, Ryan Abbott, and his team. They faced several issues with the Patent Offices across the globe over the dire need to recognize AI as the inventor of patented inventions for many years.

All this while, Abbott was representing Dr. Stephen Thaler, who is the creator of an artificial neural system known as ‘Dabus.’ According to Thaler, Dabus is the sole inventor of a food container capable of improving heat transfer and grip.

Since 2018, Abbott, along with his team, has filed Patent Applications listing Dabus as the inventor in more than ten jurisdictions worldwide, including the United States, the United Kingdom, and the European Union. Last year, the High Court in Wales and England supported the decision of the UK Intellectual Property Office (UKIPO) by rejecting the patent application. In its final ruling, the Court stated that although Dabus created the inventions, it couldn’t be granted a patent as it wasn’t a natural person. Even the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) rejected the application on the same grounds.

In a recent statement delivered, the Director of the Institute for People-Centred AI at the University of Surrey, Professor Adrian Hilton, said the world is “moving from an age in which invention was the preserve of people to an era where machines are capable of realizing the inventive step.”

Abbott strongly believes that the current situation in law is no longer fit for purpose and could easily put the investment in AI at huge risk. He also pointed towards the increasing use of AI in research and development (R&D) to come up with new drug compounds and support drug repurposing. In such scenarios, he stated that there could be an invention eligible for securing Patent Protection but not an individual eligible to be an inventor. According to Abbott, if what is written in the previous line means that a patent won’t be granted, then companies like Novartis, Siemens, or DeepMind, all of which are investing in AI, won’t be able to use AI in their respective areas.

Welcoming the decision of South Africa, Abbott said that this outcome indeed showcases an understanding of the utmost importance that lies in motivating people to make, develop, and use AI for generating socially valuable innovations. He further added that this decision would serve as a big example to the rest of the world concerning the use of AI in generating human benefits. 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/

Maldives – What Happens if a TM Cautionary Notice is Published only in English?

Maldives – What Happens if a TM Cautionary Notice is Published only in English?

TRADEMARK REGISTRATION IN MALDIVES

In Maldives, there is no statutory trademark law dealing with the mechanism of trademark registration; however, the resident companies, nationals of Maldives, and foreign applicants can still get their proposed marks registered as trademarks. A trademark, in Maldives, protects a word, slogan, phrase, logo, or some combination that connects a product or service with the manufacturer of that product or service and prevents the same from being used by someone else. A trademark can take many shapes, as long as the mark that an individual wants to protect is distinctive.

  • LOCAL APPLICANTS – The resident companies and nationals of Maldives can file an in-person trademark application (for their proposed trademarks) before the Ministry of Economic Development to obtain trademark protection.

*Note – Before going ahead with trademark registration, the resident companies and nationals must obtain business name registration.

  • FOREIGN APPLICANTS – Unlike most countries across the globe, the process of trademark registration in Maldives does not include the stages of filing, examination, and advertisement but is merely based on the publication of a Trademark (TM) Cautionary Notice. A trademark cautionary notice is a mere publication of a notice in the newspapers to inform/notify the general public about the mark that is registered as a trademark along with the legal trademark rights of its owner. The cautionary notice should include the details of the proprietor, description of the trademark, and classification of the goods/services according to the Nice Classification. The foreign applicants are required to publish a TM cautionary notice in the local newspaper in both English and in the vernacular, which is Dhivehi, thereby cautioning the public and trade about the ownership of the trademark.

*It is imperative to keep in mind that a TM cautionary notice must be published in the local newspaper in both English and Dhivehi (regional language) as publication only in English won’t have any legal effect. It won’t inform the public at large about the fact that the mark in question belongs to the said proprietor. Also, publication only in English reduces the possibility of any prior owner/user of the mark in question to contact the new owner/user immediately and prevent him or her from using it. 

TRADEMARK RENEWAL IN MALDIVES

Due to no specific trademark law in Maldives, trademark renewal involves the publication of the TM cautionary notice in the local newspaper after every 03 years; however, it is highly advisable to publish the registered trademark every year if the owner wants to establish the use of the mark in Maldives. 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 Should You Know About A Trademark Search?

What Should You Know About A Trademark Search?

Intellectual Property (IP) alertness and the number of trademark applications are rising gradually. Therefore, it is significant for existing businesses as well as the new businesses who want to register their marks to be aware of the appropriate procedure to do so. It will help them in preventing the rejection of their Trademark Applications, and thus, save their hard-earned money and precious time from being wasted. One of the main reasons why most applications related to trademark registration get rejected is that the mark mentioned within them is either identical or confusingly similar to an already existing trademark in the market. So a trademark search, which lets you have an idea if a trademark similar to your mark is available in the market, is the best way to know whether your mark is eligible to get registered or not. It, in this way, can prevent your application’s refusal.

What is a Trademark search?

It refers to an action taken for determining whether or not a trademark is already being used in commerce. Although often appears narrow in scope, trademark searches can include results from almost all avenue for Trademark Protection for every mark, which is remotely similar to the mark that’s the subject of the search.

An appropriate Trademark Searching Technique or strategy will consider determining the nature of the mark, the nature of the products or services the mark covers, the timeline for bringing the mark to commerce, and the applicant’s allocation of all resources. A Trademark Search Report, in general, is based on:

  • Deep analysis of the elements included in the trademark
  • An intense search of prior trademarks that may impede registration
  • Opinions of an experienced Trademark Attorney on several aspects related to trademark application or registration
  • Suggestions for enhancement of registration probabilities when needed.

Most of the time, the relevant trademark registration office refuses to register any mark because of finding the applied mark either the same or similar to an already existing trademark. However, the office could refuse the registration based on many other factors, such as:

  • Merely descriptive or deceptively misdescriptive
  • Scandalous or immoral trademarks, like racial slurs
  • Trademarks that wrongly suggest a relationship with persons or entities
  • Geographically descriptive or deceptively geographically misdescriptive
  • Prohibited signs like flags, Olympic symbols, etc.

Since rules for registration for trademark vary from country to country, you may obtain different search reports for different countries. For instance, if your mark complies with all the factors essential for Trademark Registration in Maldives, it doesn’t mean that the same satisfies the requirements to get registered in India as well. In the same way, the trademark search report obtained in one nation could be different from that obtained in another nation. Besides, the trademark attorney’s recommendations, along with registration possibilities, can also vary according to the country. Some common reasons responsible for these variations in trademark search reports and trademark registrations in different countries are:

Differences in Interpretation: Trademark Offices interpret what can be and cannot be registered in a different manner. For example, countries like Switzerland will never accept any design that eventually resembles a red cross, no matter how small, big, or deconstructed it appears. However, other nations are more relaxed about what constitutes a red cross and often accept similar designs.

Differences in National Trademark Law: A mark with an image of a crown is not at all an issue in most countries. Nevertheless, in some countries like the United Kingdom, representation of the Royal Crown or similar would be refused.

Wrapping Up

With lakhs of trademarks and thousands of companies in the world, conducting a precise trademark search is essential. The trademark search process, in general, includes all the classes that are registered within that country. One can check the availability of his slogan, logo, brand, or name easily in just one trademark search. Dexterous Intellectual Property Law Firms are available with services that can make things easier for you. With years of experience, these firms can help you choose the right class, etc., by using the free but excellent Trademark Search Tool. The experts within these can also assist you through the entire Trademark Registration Process. In other words, these organizations can make you enjoy robust trademark protection for your mark without facing issues and wasting time or money. 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/

All About the Trademark Registration in Maldives

All About the Trademark Registration in Maldives

A trademark is a type of Intellectual Property (IP), which includes a logo, brand name, or sign that can distinguish your products and services from those of others. Hence, Trademark Registration in Maldives or at any place is one of the best and legal ways to restrict others from using your unique mark. For instance, the logo of NIKE and its tagline JUST DO IT are registered trademarks, and therefore, cannot be used by any unauthorized user. In other words, no one can use this logo or tagline without the consent of the original owner.

A Registered Trademark can benefit the owner in several ways. For example, it reduces the chances of theft and misuse of original assets, creates the brand reputation and goodwill among the targeted customers, etc. So, we can say that trademarking your logo, sign, or name is an excellent means to enjoy remarkable advantages like:

  • Robust Trademark Registration Protection that keeps your assets secured against infringement
  • Better sales of your products and services by creating goodwill among consumers.

In view of the above merits, it is always recommended (even by the experienced IP Attorneys) to go for trademark registration as soon as you could. Nonetheless, trademark laws are country-specific, i.e., different nations have different laws. For instance, the Trademark Law of Maldives may not possesses the same rules as Trademark Law in India does. Hence, before proceeding to register a trademark, it is better to comprehend the law according to the country where you want to do so. Here, in this article, we will discuss the trademark registration in Maldives.

Indeed, there is no specific legislation that governs the Trademark Registration Process in Maldives. Here, the question arises – if there’s no specific law governing registered trademarks in Maldives, then how do people secure their trademark rights. And the answer is – the protection of trademarks in this country is obtained by the publication of the Cautionary notice in the newspaper in English or local language.

Trademark Registration Proceedings

As discussed above, the Trademark Protection in Maldives is acquired by publishing a cautionary notice in the leading newspaper. This notice can be published for multiple classes or a single class. The application can undoubtedly include products and services in any number of classes, but for each additional class, the applicant needs to pay additional charges. Power of Attorney isn’t required. The entire procedure to acquire trademark protection by using Cautionary Notice in Maldives may take around 2 to 4 weeks.

Although this procedure to obtain trademark protection doesn’t include filing, advertisement, and examination, the following information regarding the mark needs to be involved in the cautionary notice:

  • Name, status, address, and nationality of the proprietor
  • If the mark is a logo, then JPEG image of the same
  • Classes and specifications of relevant products & services.

Note that there is no limitation to the size of the cautionary notice.

Trademark Registration Duration and Renewal

Due to the lack of trademark law, the protection of trademarks in Maldives is obtained and used under common law, i.e., cautionary notice. Accordingly, there is no rule for the duration and renewal of trademarks. Nonetheless, the re-publication of the cautionary notice is recommended every two to three years.

Publishing a cautionary notice as per common law in Maldives is a way to make the public aware of the original owner’s ownership on the mark. Thus, the same can assuredly be brought to the Court in the case of Trademark Infringement. Hence, if you desire to enjoy the benefits of doing business in Maldives without any fear, cautionary notice is the safest and fruitful way. Be confident and go for this easy-to-get-protected option now. Nevertheless, if you face any difficulty or have any doubt, feel free to reach an experienced Trademark Attorney or Intellectual Property Law Firm in Maldives. These are the professional helping hands that will serve you with the best possible aid. Because of being familiar with almost everything to be used or avoid for ensuring robust trademark protection, they will keep you away from issues like the rejection of your request, infringement upon or violation of your mark, and many more. 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/