Trademark, which owns the ability to distinguish your products from the competitors’, is one of the many forms of Intellectual Property (IP) available in the industry. With the capability of defining the products’ origin and quality, a trademark not only avoids the infringement issues but also creates goodwill that enhances the brand reputation. It is applicable for various recognizable representations, including words, 3D marks, logos, signs, images, expressions, and even the combination of colors.

Types of Trademarks

Since it is likely to get the trademark registered for multiple representations, the process of doing so appears a bit confusing. Therefore, first of all, you should determine the appropriate way to characterize the produces. As per Trademark Law, trademarks can protect any unique device, label, signature, word, and combination of colors.

Generally, you can obtain the trademark protection for the below-listed types of representations:

1. Wordmarks

Wordmarks often consist of one or more words or a combination of letters, numbers, and words. A name, whether personal or surname, can also get the registration under this type. A wordmark is not applicable for specialized fonts or shapes, which means that if you want to protect a specific font, then you need to apply for a device or figurative mark.

Example- The name of any firm is a wordmark.

2. Figurative marks/ Device marks/ Logotype

These are the trademarks consisting of a figure or a combination of figures and words or numbers. Words in a stylized font or a unique graphical representation can qualify the standards set to get a device mark.

Example – A wordmark represented in a specific font is a device mark.

3. Labels

Labels on the packaged goods generally contain several distinct elements that make it convenient for the consumers to not only identify the product but also associate the same with a certain quality. Hence, the unique labels that provide precise and clear information can be registered.

Example – A label like PEPSI that aids consumers in identifying the soft drink of this brand, and thus not getting confused with other soft drinks, is worthy to obtain the trademark protection.

4. Combination of colors

You can get the trademark protection for the combination of colors, regardless of whether or not it includes any word, figure, or numeral. However, it is beneficial to note that the protection will not be valid if the colors while representing the product to end-users appear different from the registered ones.

5. Three-dimensional (3D) Marks

3D marks, which consist of three-dimensional shape or packaging fulfilling the specified requirements of distinctiveness in the concerned jurisdictional market, are eligible for trademark registration.

6. Sound Marks

A sound that enables the consumers to differentiate it from others qualifies the eligibility criteria to get registered as a trademark. A sound mark can be in the form of a melody or sound with a distinct recognition effect.

7. Shape Marks

The unique shape of a product that makes it different from several other goods available in the market is also worthy to obtain trademark protection. Bottles of perfumes are the most common examples of shape trademarks.

8. Motion Marks

These are the marks that include shifting, changing, or moving parts, which show the motion. Marks that often showcase animated logotype also meet the standards required to ensure protection under trademark registration.

9. Hologram Marks

A mark that owns the ability to display a 3D picture by using a holographic technique, for instance: a rotating logo, can also be protected under the shelter of a trademark.

10. Position Marks

A position mark works in regard to the placement, size, and proportion it owns in comparison to the product on which the owner wants to fix it. These types of marks whose specific positioning is unusual to the particular market are likely to avail protection under trademark registration.

11. Collective Marks

These include the marks that associations own to work collectively by letting their members also use them. These are generally used to indicate trade connections with the associations and can receive trademark protection.

12. Certification Marks

Certification mark indicates that a specific product has successfully qualified certain tests of quality and therefore, is allowed to use the registered trademark.

A trademark undoubtedly plays a significant role in protecting the products. It not only develops the goodwill and reputation of the brand but also creates a long-lasting and impressive impact on the minds of the consumers. 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 (IPR), enable the companies to generate remarkable revenue by marketing the products while ensuring their protection. It makes Intellectual Property (IP) comparatively more valuable than tangible property. That’s why it is crucial to safeguard your IP through trademarks, patents, copyrights, or other legal doctrines.

The granted IP rights sometimes provide a more convenient option of earning by allowing you to let any other willing third-party use them in exchange for a fee. In the IP industry, you can transfer your rights to someone else under some legal agreements.

Intellectual Property Assignment Agreements and Intellectual Property Licenses

The agreements that bestow you with the ability to confer your IP rights to others along with ascertaining how they can use them exist in two forms: Assignment Agreements and License Agreements.

Intellectual Property Assignment Agreements

An Intellectual property assignment agreement, whether in the context of an employment or not, is a beneficial contract used to transfer the ownership of a specific IP from one party to another. Under this, you permanently assign all your rights to the assignee in exchange for a specified amount. In other words, this agreement makes you sell the rights to others in the same way as you could vend physical property for a permanent transfer. Generally, you abandon all control, claim, and involvement on the transferred IP rights.

Intellectual Property License Agreement

An intellectual property license agreement or intellectual property facilitates you to permit others to use your IP rights while retaining ownership of the same. Under these contracts, you can trade your patents, trademarks, or copyrights for a specific amount of time.

Difference between the IP License Agreement and IP Assignment Agreement

People often have a query; Is IP Assignment and IP License the same or different. The fact is that both of these documents provide the same ability to transfer your IP rights but under different policies.

Three main differences are as follows:

1. Interest in Intellectual Property

Interest in the IP is the first thing that differs IP licensing from IP assigning.

IP licensing allows the licensor to permit a licensee to use his IP in a particular way. The owner still retains an interest in the licensed property. It is an agreement that suits the needs of the IP holder who wants to earn profits by selling the IP but without transferring his ownership. It enables you to determine how the party is using your IP and end up the partnership if it lacks the expected advantages. With this, you can obtain a steady income from your partner over a specific period and confer the same rights to several users.

On the other side, IP assigning authorizes the assignor to give all his rights to the assignee in exchange for a fee. The IP assignment agreement permanently ceases the assignor to hold interest in his IP. It means once you assign your IP to someone, you no longer own any responsibility towards the same. You can neither claim nor sue the assignee in regards to any issue related to your IP. These agreements are suitable for those who want to sell their entire business or wish to leave that field.

2. Notification

The second considerable thing that showcases the difference between these two legal agreements is the requirement of the notification procedure to ensure their enforceability.

In the case of the IP assignment agreement, the owner needs to file an application and notify the assignment recordation branch about his desire to transfer the ownership of the IP. As it allows the permanent transference of the property, the agreement should be in writing. However, the licensor can grant his IP rights (under IP licensing) orally and needn’t necessarily file an application or hold the contract in written form.

3. Payment and reverse the transfer of IP rights

An intellectual property licensing allows long-term payments, whereas intellectual property assignment agreement expects upfront payments. The IP licensor can reverse the transfer of rights if he finds the partnership unprofitable, but the IP assignor can’t.

What is the importance of these two agreements?

Since these agreements provide the key details including the responsibilities of each party, they establish good relationships, which lead to the development of the IP industry. Once transferred with the help of these documents, the IP rights can stay away from infringement for years and years. But note that an inappropriately formed agreement can reduce your profits by negatively impacting your Intellectual Property Protection. So, you should always set these agreements under the supervision of an experienced attorney, who can assure that all the responsibilities provided in the documents are precise and leave no room for issues. 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/

Due to the concerns related to budget cuts, the finance and Intellectual Property (IP) teams of companies that need to obtain patents year after year, are under enormous pressure. Besides, people usually want to get their inventions patented in all countries worldwide, but unable to do so because the process appears quite expensive. Therefore, it is significant for them to use cost-effective strategies that help them in keeping their patenting budget under control.

The below strategies can help the inventors in controlling their patenting costs not just at the time of filing but also throughout the lifecycle of a patent.

1. Be careful while deciding about the country

There is nothing like ‘International Patent’ or ‘World Patent’ in our intellectual property industry. In other words, no single patent can protect an invention in all the nations of the world. It means if the applicant wishes to obtain patent protection in any country, he needs to apply for the patent in that particular nation. Hence, the foremost step in cost-effective strategies includes market assessment of product potential, the nature of the invention, growth of technology within the lifecycle of the patent, the enforceability of patents, competitors and their filing strategies. Moreover, it is crucial to know how different jurisdictions define patentable or non-patentable inventions. For instance – under the Patent Law of India, Europe, and Canada, the inventors cannot obtain patent rights for methods of diagnosis or treatment.

2. Go for e-filing services

Intending to improve their carbon footprint, enhance efficiency, and cut costs, IP offices of many countries, including Australia, India, Japan, Brazil, Malaysia, etc., offer e-filing services at preferential rates. Take advantage of these services.

3. Emphasize translation costs

Translation costs often get highlighted:

• When filing a Patent Application in jurisdictions where English is not in use as an official language.
• At the time of verifying a granted European patent in the relevant EPO member states.
• While the allowance of a European patent.

To reduce the translation costs, you should emphasize English language jurisdictions, remove redundant texts from your patent specifications, and focus on effective patent drafting.

4. Be familiar with the variations in fee

The patenting fees vary as per two things; the jurisdictions and the claims involved in an application. Claims in the patent application can affect the fees not just at the time of filing a patent but also while requesting its testing and maintaining its validity. Hence, it is beneficial to merge multiple claims into single such that it appears the dependant form of merged ones. Besides, don’t forget to delete the claims that hold limited value and high probability of refusal.

5. Consider using the Patent Cooperation Treaty (PCT)

By allowing the inventor to file one international patent application, PCT helps him to defer the costs of filing national patent applications in 150 nations by around 30 months from the day of the first filing.

6. Choose ISA carefully

The process of applying for a patent under PCT involves the selection of ISA (International Searching Authority) to undertake prior art search for ascertaining the inventiveness and originality of the technology for which the inventor is seeking a patent. At present, 22 patent offices operate as ISAs across the world. It is advisable to choose the ISA situated in the nation where you plan to file a national phase patent. You should also consider the time that ISAs takes to produce reports and the quality of these reports while selecting an ISA.

7. Prefer filing request for examination together with your application

Filing a request for examination at the time of applying for a patent will help you in saving not just money but also the time in jurisdictions that follow a deferred system of testing.

8. Have the benefit of modified substantive examination option

It is an option, where the IP offices can grant patent even if it corresponds to one already patented in any other jurisdiction. Usage of this option can help you in having the benefits of substantial savings on prosecution costs.

9. Keep supporting documents in sequence

Ensure keeping supporting documents, like certified priority documents, assignment deeds, or other, handy as it will aid you in avoiding expensive and painful delays.

10. Don’t miss the expedited processing option

Many national patent offices collaborate through PPH (Patent Prosecution Highway) to streamline and expedite the processing of patent applications. Don’t forget to take advantage of this option.

11. Make attempts to reduce maintenance fees

Just by declaring your intention to license a patent to any successful or willing third-party, you can reduce the expensive maintenance cost to the least possible extent.

12. Emphasize strategic abandonment

Strategic abandonment that extends the patent ages can lead to substantial savings in the maintenance fees payable throughout the lifecycle of patents.

Since obtaining and maintaining a patent can leave your company’s finance teams with tremendous strain, it is imperative to use cost-effective strategies that would effectively support your business goals. 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/

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.

2. 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.

3. 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.

4. 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.

5. 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/

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.

2. 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.

3. 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.

4. 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.

5. 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/

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.

2. 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.

3. 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.

4. Blank Forms

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

5. 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.

6. 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.

7. Laws

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

8. 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/