World IP Day

Today on 26th April, 2012, we celebrate World Intellectual Property Day. We aim to foster Intellectual Property growth in the global economy and development of IP culture in business, educational and public organizations. This day is celebrated worldwide by IP enthusiasts and innovators. We hope to continue nurturing Intellectual Property culture and innovations in the years to come!

( Image courtesy link )

Thinking of registering a Trademark

 Although the basic concept of trademark is quite clear to most of you, yet I get an ample number of queries on other facets of trademarks.  To begin with, a lot of people have a common dilemma on the following:

Territoriality:  Trademarks are territorial in nature i.e. a trademark registered in country X, will give protection to the mark in country X only and not in country Y. Although their may be incidences when a Mark has attained certain popularity or recognition amongst global consumers i.e. Well Known Marks. In that case as per Paris Convention and TRIPS agreement, the mark may acquire protection even without registration in respective countries.

International Registrations: If you wish to register your mark at international destinations, you may either file a TM application individually at each national office or you may exercise an option of filing a single centralized application through Madrid system provided that your country of domicile or commercial establishment is a contracting party under the system.

Duration: Trademarks shall be renewed in order to remain in force. Generally after subsequent interval of ten years for most countries, although this may differ from country to country.

Need:  It is upon you to register the mark officially. Although you may use your respective mark without any obligation to first register it. But looking at the current scenario where stringent competition leads to potential infringement of marks or brand names, it is advisable to formally register it. Registration gives you a formal edge in proceedings against future infringements.

Service or Trademark: Don’t be perplexed on the idea of which mark to register. It is fairly simple, service marks are trademarks used to identify services rather than products. Hence, if you have a service associated with your business , you may go for registering a service mark.

Certain Quality Goods:  In case, your products confer a certain quality, you may register for the certification marks. These marks are accredited by national organizations which are specialized for testing the quality of such products and confirming whether they qualify the set standards.

Collective Marks: These marks are primarily owned by associations or organizations which identify certain characteristics of goods and services i.e. quality level, geographical origin, accuracy, etc. Unlike trademarks, collective marks  can be used by all  members or enterprises adhering to such associations or organizations.

Is it for the logos and symbols only:  Not really. Infact with the recent advancements, certain countries may register a sound or a smell mark. Even the shape of goods, combination of colors, packaging or any other combination can be registered for trademark or trade dress protection in certain countries.
 

I hope we have provided answers to an initial set of queries which you might consider while registering your trademark. 

( Image courtesy link)

Poll of the day

Poll of the day is updated frequently. Our readers may vote there and let us know what they think of the current IP issues in question. We will bring you more interesting IP polls and updates in the coming time. Stay tuned.

( Image courtesy link)

Are you up for the patent sales

We all know that patents are a great source of monetization. Many businesses nowadays opt for patent sales in order to add capital gain and extra revenue stream to the existing business. Amidst the hustle of arranging patent sales, finding right buyers, valuations, mapping which IP assets to sell, there is a greater need to understand when a business is up for the IP auction or patent sales. The first question that strikes your mind is why not to license out instead of selling. While, it is understood that a business’s intangible assets in the form of technology patents can add substantial business revenues while being possessed and utilized in house. But there are times when the patents no longer seem to be streamlined or utilized within your current business goals and strategies. During this time, the additional responsibility of maintaining those patents in force and regularly auditing them can be a financial burden itself.

 Interestingly, those patents which aren’t streamlined with your core business strategies could be much needed by other businesses which are working around similar patented technologies. Such businesses could be your potential buyers. Apart from this if your business is seeking patent sales; there are other considerable factors like appropriate valuation of the patent portfolio. You have to estimate the correct worth of patents with regard to market and income based approaches. In this case, an alert and organized IP team can pave the way for success. Your IP team shall consist of a mix of technology professionals, IP strategists, core business experts and in house IP counsel. It is utmost important to let your IP teams plan regular IP audits of your existing IP portfolio to gauge which patents are in force, which patents are core to the business, evaluating patents, and estimating revenues from various licensing agreements. Such activities reflect an overall picture of the business’s IP portfolio which will further facilitate successful patent sales. At last to sum up, it is appropriate for businesses to consider the aforementioned points before embarking upon sales of IP assets. 

(Image courtesy link)

Finally the Compulsory License granted to Natco

The ever popular patent case that has been in the news for quite some time has finally taken a climax with the grant of Compulsory License to Hyderabad based Natco Pharma for the anticancer drug “Nexavar”. The original patent on Nexavar being held by Germany based Bayer Pharmaceuticals. This is India’s first ever granted Compulsory License. Decision details can be accessed here. 

( Image courtesy Link)

Do you put the cart before the horse?

 

I know our readers must be brainstorming as on what I have to do with the horses and the cart. Interestingly, sometimes this adage holds true for many over zealous entrepreneurs and inventors. It is well understood that competition in the technology market is rampant. There are times when the race to the patent office is the only thing engrossed in the minds of budding entrepreneurs. And why not when we have a “first to file” system on the records, we are in a major rush! Amidst this massive rush of filing multiple patent applications and building your patent portfolio, many inventors assign least priority to the most important piece of information. You guessed it right: it’s the ever important “Prior Art”. For some, prior art just constitute giving a couple of hours scan on the existing patent databases and kudos if you don’t have a similar patent on the records. You begin filing your application!

Is it a right methodology, well absolutely no. You definitely cannot put the cart before the horses and repent in the end. An insightful Prior Art report with the maximum emphasis laid on similar existing technology patents, gives you a lucid idea on the areas to work upon. A well researched Prior Art also assists you in finding the patent whitespace areas worthy of innovation. These untapped areas could serve as the probable grounds for innovation where businesses can streamline their IP strategies efficiently. As an IP strategist, my emphasis lies in working sequentially yet smartly. Entrepreneurs should put thorough efforts and gain complete insights of the existing prior art before filing their patent applications. This will save you loads of time later when you devote your efforts in formulating business strategies rather than answering multiple office actions on accounts of existing prior arts. On a positive note, I hope now you won’t put your cart before the horse! 

(Image courtesy link)

WIPO green: A technology marketplace

We have been reading a lot about green technologies and inventors filing patents under green technology areas. Interestingly WIPO has taken the initiative and launched “WIPO Green”, a technology marketplace for green technologies. The prime objective of launching this interesting portal is to accelerate the adoption of “green” technologies amongst the emerging economies and developing countries. WIPO green benefits highlight Transparency and access to technology, technical assistance, licensing and financial support. It adds Enhanced reputation in terms of opportunities to enter new markets and assigns Credibility, trustable entry through WIPO and other intergovernmental and non-governmental organizations. An excerpt from the web portal states:

“ …WIPO will act as a Secretariat for the platform and promote the sharing of information on available green technologies for transfer through the creation, development and operations of a database…”

WIPO green provides a global and comprehensive database of environmentally sound technologies. It offers a sustainable technology marketplace where inventors can showcase green technologies for sale, licensing and technology transfers. It provides a hub for networking and connecting people working on similar technology platforms which will highly contribute to stimulate innovation and encourage policy dialogue amongst members and interested parties. Individuals and organizations working on green technologies can avail this benefit by registering with WIPO green. All in all, I hope these green initiatives will make an impact and contribute to a safer and greener planet!

( Image courtesy link )