04 Feb INTELLECTUAL PROPERTY NEWS 2020- DIGEST OF TRADEMARK, PATENT AND COPYRIGHT NEWS 2019
Trademark row over ASF ends
The Times of India (29/01/2019)
The trademark row over Ahmedabad Shopping Festival (ASF) came to an end on Monday with the state government admitting its mistake due to ignorance over the registration of trademark in this name. The government submitted before the commercial court that it had no clue that the name Ahmedabad Shopping Festival has been registered as a trademark by an advertisement firm – 3rd Eye Event & Advertising. It also gave an undertaking that it would not repeat the mistake in future.
Use compulsory license and put ceiling to curb prices of patented medicines: Government panel
The Economic Times (27/01/2019)
In order to cut prices of patented medicines for cancer and rare diseases, a high-level government panel has made a series of far reaching recommendations including granting “compulsory license” to any Indian pharma company to produce drugs without the consent of the patent holding firms. The report also recommended putting a ceiling price on life-saving medicines after analysing the Purchasing Power Parity (PPP) of various countries, a standard followed in majority of the western world to fix medicine prices.
Multinational pharmaceutical companies sell most of the patented drugs in India and they have been vehemently opposing any sort of price cap or grant of compulsory licensing to any other company to produce drugs being sold by them.
Copyright issue: Delhi HC restrains site from using copies of TOI, ET
The Times of India (22/01/2019)
Delhi high court has restrained a website from on its platform copies of The Times of India and The Economic Times newspapers and the logo of the Times Group. In an interim direction, Justice Manmohan barred the website and asked its registrar, Go Daddy, to lock the ownership of the domain name www.sscias.com, giving it a week to comply.
7 charts show how India fares in Research and Development
The Economic Times (20/01/2019)
India, an economic powerhouse, has not made a mark in R&D. While patent filings, a key indicator of R&D, have nearly tripled in 2007-2018, the country fares poorly on several other metrics.
India doing well in digital IPR: WIPO chief
Business line (15/01/2019)
Artificial Intelligence is the new digital frontier in intellectual property and access to data and information is an important factor in technology. India appears to be doing an amazingly great job, holding a leading position, according to Francis Gurry, Director-General of the World Intellectual Property Organisation (WIPO).
Speaking about the new dimension added to intellectual property (IP), the application of Artificial Intelligence (AI) and data, Gurry told BusinessLine, “India is very well-placed in this respect, because of the number of digital enablers such as biometric data across the whole population. This is going to be one of the major advantages of India in the future.”
‘Alphonso’ mangoes from Karnataka make Maharashtra farmers see red
Business line (10/01/2019)
Mango farmers associations in Maharashtra are exploring legal options against the sale of a certain variety of mangoes being sold as Alphonso mangoes from Karnataka. Such mangoes have started arriving in the Pune market and are fetching up to Rs. 1,200 per dozen. Alphonso or Hapus mangoes are extensively cultivated in Maharashtra and last year four districts in the State received a Geographical Indication (GI) tag from the Geographic Indication Registry, which operates under the Office of the Controller General of Patents, Designs and Trade Marks.
https://www.thehindubusinessline.com/todays-paper/tp-agri-biz-and-commodity/article25965547.ece
IBM gets 9,100 patents in 2018, India second highest contributor
The Hindu (08/01/2019)
Tech giant IBM on Tuesday said it had received 9,100 patents in 2018 across areas such as artificial intelligence (AI), cloud computing and cyber security, with India being the second highest contributor to the global record tally. IBM inventors from India received over 800 patents, the second highest contributor to the global record tally, it added.
Supreme Court backs Monsanto on GM cotton patents
The Hindu (08/01/2019)
The Supreme Court on Tuesday set aside a Delhi High Court Division Bench decision that held that U.S. agro major Monsanto did not have patent for its genetically-modified BT cotton seed variants and allowed it to claim registration under the Protection of Plant Varieties and Farmers’ Rights Act of 2001. The Supreme Court Bench of Justices Rohinton F. Nariman and Navin Sinha held that the High Court’s Division Bench had no business to go into the merits of the patent rights and should have just confined itself to the validity of an injunction granted earlier by a Single Judge of the High Court in March 2017.
Inside big brands’ intensifying India battle against copycats
The Economic Times (06/01/2019)
Companies are taking the fight for identity as seriously as the fight for market share. Multinational giants to homegrown operators seem to have decided that an attack is sometimes necessary to defend your intellectual property. There are some who gently nudge impersonators to cease and desist from using copycat brands. But when these efforts fail, litigation is the only option. As India’s laws around intellectual property (IP) and trademark are strengthened, legal experts and and senior company executives say they are beginning to see a far greater emphasis on enforcing trademarks and other company IP in a country that has historically regarded these facets rather lightly.
Apple’s new patent reveals it may be working a different kind of wearable
The Times of India (04/01/2019)
Apple has already conquered the wearable market with its Apple Watch as it became the largest watchmaker in the world in Q4 2017, but it may have one more trick up its sleeve for the market. According to a report by Patently Apple, the company has developed its own “Fabric”. “Apple was granted an original design patent (#D836,922) for “Fabric” with a single image associated with it has noted below. This likely relates to a smart fabric,” says the report.
HC to decide on copyright for old songs
The Times of India (04/01/2019)
Bombay High Court on Thursday said it will soon consider if reproduction of old traditional songs amounts to copyright violation and is liable for criminal action. A division bench of Justices B P Dharmadhikari and Revati Mohite-Dere admitted a petition filed by lyricist and song writer Pramod Surya and publishers Pukhraj Surya and Hiten Patel, seeking to quash an FIR lodged against them for copyright violation.
Monte Carlo, Skoda resolve dispute over trademark
The Times of India (20/02/2019)
Almost an year after city-based garments manufacturer Monte Carlo Fashions Limited filed a lawsuit against automobile maker Skoda Auto India for using the brand name “Monte Carlo” for a limited edition car, both companies have called truce and settled their dispute amicably.
Ranchi science centre eyes Jharkhand’s maiden patent facilitation centre
The Times of India (18/02/2019)
The Ranchi Science Centre in Chiroundi situated at the capital’s outskirts is set to host the state’s first Patent Facilitation (information) Centre soon after the Jharkhand Council on Science and Technology (JCT), under the department of higher and technical education, has initiated steps in this regard.
JNTUH signs pact with CII to create IPR cell on campus
The Hindu (14/02/2019)
The JNTU-Hyderabad and CII Telangana signed a Memorandum of Understanding (MoU) to collaborate on creating an IP ecosystem at J-HUB, JNTUH and the initiative will support students and faculty innovations by way of creating awareness, counselling and filing of Intellectual Property Rights (IPR). JNTUH Vice-Chancellor A. Venugopal Reddy and CII, Telangana, Chairman Sanjay Singh exchanged MoU to set up a satellite office of CII IPR Cell at J-HUB on Wednesday.
The agreement between both the institutions aims to create awareness and conduct training programmes for students and faculty on IP Rights; organise IP clinics where faculty and students can consult experts on aspects related to IP protection and product commercialisation of their innovations; facilitate IP search and IP filing; support Industrial connect for possible partnerships and applied research and facilitate IP protection with agreements in collaborative works.
Patent challenge mounted against J&J’s attempt to extend monopoly on high-priced anti -TB drug
The Times of India (09/02/2019)
In a move that may boost chances of patients access to ‘priority’ anti-TB drug Bedaquiline, two tuberculosis survivors have filed a patent challenge at the Mumbai Patent Office against Johnson & Johnson’s application to extend the patent on the drug for another four years. At present, a mere 2% of over 1.47 lakh patients suffering from multi drug resistant tuberculosis (MDR-TB) in India are currently getting Bedaquiline – a newer drug which is safer and more effective. Despite benefits of the drug, its high price remains a significant barrier for the government to make it available to all the patients enrolled with it. Making things worse, Johnson & Johnson has sought to extend its patent protection on the drug in India from 2023 to 2027, entry of low cost generics by four additional years.
India jumps eight places to 36th spot in US Chamber’s global IP index
Business Standard (07/02/2019)
Despite India’s improved show in this year’s Index though, the report noted that there were still substantial challenges regarding the country’s patenting and IP enforcement environment.
For the second year in a row, India has maintained the upward trajectory in the International Intellectual Property (IP) Index ranking. In the latest edition of the International IP Index, India’s rank moved up to 36 among 50 economies – jumping eight places – as against 44 in 2018. India’s overall score in the seventh edition of the US Chamber of Commerce’s Global Innovation Policy Center’s (GIPC’s) annual International IP Index has increased substantially to 16.22 (out of maximum score of 45), against 12.03 (out of 40) in the sixth edition. The latest report, Inspiring Tomorrow, analyses the IP climate in 50 world economies, based on 45 indicators critical to an innovation-led economy.
Union Cabinet approves amendment to Cinematograph Act to tackle film piracy, copyright infringement
The Hindu (06/02/2019)
The Union Cabinet on February 6 approved amendment to the Cinematograph Act for imposing strict penalties to combat the menace of film piracy. To check piracy, particularly the release of pirated versions of films on the internet which causes huge losses to the film industry and the exchequer, the government has proposed to make film piracy offences punishable with imprisonment of up to three years and fines that may extend to Rs. 10 lakh or both.
NRDC keen on improving patent index ranking: CMD
The Hindu (05/02/2019)
With a majority of the patent applications filed in India being either by foreigners or NRIs, the National Research Development Corporation (NRDC) has decided to encourage young talent to improve the ranking of the country in patent index, its Chairman and Managing Director H. Purushotham has said. Giving the details about the Global Innovation Index managed by World Intellectual Property Organisation (WIPO), Mr. Purushotham said India is at the 57th place.
Footwear for diabetics patented
The Hindu (05/02/2019)
The Prof. M. Viswanathan Diabetes Research Centre in Royapuram has received exclusive patent rights to develop footwear for persons with diabetes. The Intellectual Property India has offered the rights. The footwear is designed to reduce pressure under the foot while walking. It is particularly useful for diabetics with neuropathy and those with loss of sensation in their feet. Vijay Viswanathan, head and chief diabetologist at the centre and M.V. Hospital for Diabetes said: “The patent has been given for developing unique preventive footwear for people with diabetes who risk developing foot complications.”
GI tag for Erode turmeric
Business Line (07/03/2019)
The turmeric farmers and traders thanked the Government for declaring Geographical Identification Tag for Erode turmeric. We have received the long waited Geographical Identification Tag for the Turmeric. On Wednesday, they received the GI Tag with immediate effect said RKV Ravishankar President, Erode Turmeric Merchants Association.
https://www.thehindubusinessline.com/economy/agri-business/gi-tag-for-turmeric/article26457645.ece
Grant of patents up 12 percent during April-December FY’19: DPIIT
The Economic Times (08/03/2019)
Examination of patent applications during the period under review also witnessed an increase of 51 percent to 61,768 as compared to 40,790 during April-December 2017-18.
The grant of patents during April-December 2018-19 rose 12 percent to 10,036 due to various measures taken by the commerce and industry ministry to streamline patent examination process, according to an official data. The Department for Promotion of Industry and Internal Trade (DPIIT), under the ministry, said Indian IP (intellectual property) office has undergone a revamp in terms of increasing manpower and making the process paperless. “Streamlining of patent examination processes and increased manpower increase grant of patents by 12 percent between April – December 2018-19 as against the same period of 2017-18,” the department said in a series of tweets.
HC rejects Crocs Inc plea, says ‘design can’t constitute trademark’
Business Standard (08/03/2019)
The Delhi High Court has rejected a plea by multinational footwear manufacturer Crocs Inc seeking to restrain some companies from copying its registered design, saying that “a registered design cannot constitute a trade mark”. “However, if there are features other than those registered as a design and are shown to be used as a trade mark and (with which) goodwill has been acquired, it is only those extra features which can be protected as a trade mark,” Justice Rajiv Sahai Endlaw said in its March 5 order.
Areca nut gets ‘Sirsi supari’ geographical indication tag
Business Line (11/03/2019)
Areca nut (also known as supari or betel nut) is the latest entrant in the list of agricultural produce with a GI (geographical indication) tag. On March 4, the Registrar of Geographical Indications, Government of India, accorded a GI tag, ‘Sirsi Supari’, to areca nut grown in Sirsi, Siddpaur and Yellapur taluks of Uttara Kannada district in Karnataka. The Totagars’ Cooperative Sale Society (TSS) Ltd, a Sirsi-based agri cooperative, is the registered proprietor of the GI ‘Sirsi Supari’.
Cabinet approves proposal to align with global trademark system
Business Line (14/03/2019)
The Cabinet on Wednesday approved the proposal for India’s Accession to the Nice, Vienna and Locarno Agreements, that would harmonise the classification systems for examination of trademark and design applications, in line with the systems followed globally. The accession is expected to instil confidence in foreign investors in relation to protection of IPs in India. The accession will also facilitate in exercising rights in decision-making processes regarding review and revision of the classifications under the agreement, said an official statement. It will give an opportunity to include Indian designs, figurative elements and goods in the international classification systems. The Nice Agreement deals with the international classification of goods and services for the purposes of registration of marks, the Vienna Agreement deals with an international classification of the figurative elements of marks and the Locarno Agreement deals with an international classification for industrial designs.
https://www.thehindubusinessline.com/todays-paper/tp-news/article26528011.ece
How an Indian start-up won an IPR battle against the Somalian govt
Business Line (20/03/2019)
Somali’s Ministry of Finance wanted the domain name ‘Minance’.
An Indian start-up had a strange experience with the Somalian Ministry of Finance over an IPR issue and while it won the case, it lost nearly Rs. 10 lakh. Founded in Bengaluru in 2014 as a SEBI-registered investment advisory and private wealth management enterprise
Minance landed in trouble within a year (August 2015) when the Government of Somalia discovered that an Indian start-up held the domain name, sent the firm a notice that it wanted to use minance.com for its Ministry of Finance, and asked its Founder-CEO, Anurag Bhatia, then just 23 years old, to relinquish it.
https://www.thehindubusinessline.com/todays-paper/tp-others/tp-states/article26586751.ece
14 products from different States accorded GI tags so far this year
Business Line (18/04/2019)
Himachali Kala Zeera, Jeeraphool from Chhattisgarh and Kandhamal Haldi from Odisha are among the 14 products that have received a Geographical Indication (GI) tag from the government so far this year. According to the data with the Department for Promotion of Industry and Internal Trade (DPIIT), the other products that received this tag include Coorg Arabica coffee from Karnataka, Wayanad Robusta coffee from Kerala, Araku Valley Arabica from Andhra Pradesh, Sirsi Supari from Karnataka and Himachali Chulli oil. The tag helps growers of these products get a premium price as no other producer can misuse the name to market similar goods.
National award for KAU IPR Cell
The Hindu (18/04/2019)
The Intellectual Property Rights Cell (IPR Cell) of Kerala Agricultural University (KAU) has been selected for the National Intellectual Property Award 2019. The award, comprising prize money of Rs. 1 lakh, citation and memento, will be presented at a function to be held in New Delhi on World IP Day on April 26. The award constituted by the Indian Intellectual Property Office under the Union Ministry of Industry and Commerce is conferred on persons and organisations working in the field of patents, trademarks and Geographical Indications.
https://www.thehindu.com/news/national/kerala/national-award-for-kau-ipr-cell/article26879869.ece
Benny Antony conferred National IP Award
Business Line (22/04/2019)
Benny Antony, Joint Managing Director, the Kochi-based Arjuna Natural Ltd, has been conferred with the National Intellectual Property Award for 2019 in the category of Top Individual for Patents and Commercialization. Along with the National IP Award, the Intellectual Property Office India and the World Intellectual Property Organisation (WIPO) have jointly conferred the ‘WIPO Medal for Inventors’ also to Antony.
IPR & trademark violation: HUL steps up legal action to curb counterfeit menace
The Economic Times (24/04/2019)
Hindustan Unilever has averaged filing about two cases of violations of its IPR and trademark weekly in FY19.
Hindustan Unilever, the country’s biggest pure-play consumer goods firm, has averaged filing about two cases of violation of its intellectual property rights (IPR) and trademarks weekly in FY19, signalling a vigorous attempt to crack down on counterfeit products that use similar logos or packaging as HUL brands and sold at knockdown prices. With over 90 such cases during year to March, HUL’s latest number is nearly eight times more than the cases in 2018 and double of the preceding two years combined. Most of these were filed in the Bombay High Court, data obtained from court filings across Indian courts showed. The maker of Dove soap and Lipton tea said higher numbers are a direct reflection of incidents of counterfeiting that multiplied over the past few years.
Farmers in a fizz as PepsiCo files suit over potato IPR violation
Business Line (25/04/2019)
A full-blown fight has broken out between potato farmers in Gujarat and food giant PepsiCo India Holdings Pvt Ltd (PIH). The issue: alleged infringement of the company’s intellectual property rights for a plant variety registered under the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001. PepsiCo has filed lawsuits against four potato growers from Sabarkantha district for allegedly growing a variety of potato — FL 2027/FC5 — on which it claimed exclusive rights under the Act. The MNC alleged that the farmers were illegally growing, producing and selling the variety, used in its popular Lay’s chips, without permission, in violation of Sections 64 and 65, of the PPV&FR Act.
https://www.thehindubusinessline.com/todays-paper/article26937925.ece
Share of tech patents on the rise in IP filings
The Hindu (26/04/2019)
India-domiciled companies filed over 4,600 patents in the U.S. between 2015 and 2018, of which a majority were from the technology domain, with artificial intelligence (AI) being the fastest growing area followed by Internet of Things (IoT). Apart from AI, there has been consistent growth on building IP in other emerging tech domains, with patents filed in cyber security (193), IoT (107) and cloud computing (88) accounting for over 50% of the tech patents filed in 2017/18, said the report titled ‘Emerging Technologies: Leading the next wave of IP Creation for India’.
Between 2015 and 2018, start-ups in the country have filed around 200 patents in the U.S., a majority of which focused on emerging technology areas including Image Processing, AI, Cyber Security and Vehicle Technology the report said.
120 startups get patents under expedited examination process: DPIIT Sec
The Economic Times (26/04/2019)
The department has floated a draft rule to amend the Patents Rules, 2003 under which a patent application filed by a female innovator will be examined expeditiously with a view to promoting women entrepreneurship in the country.
As many as 120 startups have been granted patents under the expedited examination process for applications since 2016 when the facility was introduced, a top official said Friday. A total of 450 startups have filed applications under this facility. Secretary in the Department for Promotion of Industry and Internal Trade (DPIIT) Ramesh Abhishek said that the government is taking several steps such as hiring more manpower to reduce the time for examination of IPR (intellectual property rights) applications.
Strengthening ease of innovation is of paramount importance: Ramesh Abhishek, DPIIT
Economic Times (23/07/2019)
Commercialising India’s highly useful yet lesser-known innovations and popularising globally-followed industry best practices to nurture innovations is going to be the major future focus area, Ramesh Abhishek, Secretary, Department for Promotion of Industry and Internal Trade (DPIIT) said. The government is going to implement a number of initiatives to help commercialise innovations by country’s entrepreneurs and founders, including those from the startup fraternity, he said while speaking at the curtain raiser of the global launch of ‘Global Innovation Index, 2019’ in New Delhi.
“In the light of National Intellectual Property Rights (IPR) policy unveiled in 2016, we formed a taskforce to analyse sector-wide areas of improvements in country’s innovation landscape. With inputs gained from various stakeholders, we have made significant progress. India’s rank in the GII ranking has improved from 81st in 2015 to 57th in 2018, and the country has been ranked among the most innovative country in the Central and South Asia region every year since 2011. These numbers are a testimonial of country’s rapid strides on this front,” Abhishek remarked.
Ex-CJI Dipak Misra calls for stringent laws to safeguard intellectual property rights
The Indian Express (20/06/2019)
“We are advancing to such a degree of development, we have to have control, we have to have protection and have to give protection to people who are creating, inventing or busy in innovations,” he said.
Former chief justice of India Dipak Misra called for “stringent laws” and a “collaborative enforcement” on Thursday to safeguard intellectual property rights in the country, which is emerging as a developing economy. Speaking at a conference on “Intellectual property through collaborative enforcement” organised by the PHD Chamber of Commerce and Industry and United IPR here, he said there was a need to protect those who were creating, inventing or were busy in the field of innovations. Misra said recognition of talent and its best use in the interest of institutions was the epitome of IPR (intellectual property rights). “In the present times, the statutory regime is in force and it is in consonance with the framework of progressive countries…That is not enough. Some more stringent laws are required, because we are growing as a developing economic nation,” Misra said, adding that IPR was necessary to promote inventions and innovations.
Ramdev’s firm accuses yoga teacher of trademark violation
The Hindu (13/05/2019)
Can the name of Patanjali, the sage who wrote yoga sutras centuries ago, be trademarked? In an unusual case, a mobile app of a city-based yoga guru featuring his chants of Patanjali sutras has been slapped with a trademark infringement notice by the Patanjali Ayurved Ltd. of Baba Ramdev. The app ‘Patanjali Yoga Sutra’, designed by Chennai-based content developer Geethanjali of Super Audio Madras Ltd, available for download on the Apple store, features the chanting of Patanjali yoga sutras by Ananda Balayogi Bhavanani, director, Centre for Yoga Therapy Education & Research (CYTER), Sri Balaji Vidyapeeth University. In the notice sent to the developer, legal team at Apple and Mr. Bhavanani, the Patanjali company said that Patanjali being its trademark (Intellectual Property Rights), it had the exclusive rights for use and no one could use these without the company’s authorisation.
Aim to create Indian patents in 5G technology: Ravi Shankar Prasad
The Hindu (28/07/2019)
Internet of Things and Artificial Intelligence will also lead to transformation, says the Union Communications Minister
Union Communications Minister Ravi Shankar Prasad on Saturday said that his vision of 5G ecosystem in the country includes creation of Indian patents in fifth generation (5G) technology. Speaking at the curtain raiser event of the Indian Mobile Congress (IMC) 2019, he stressed that 5G, along with Internet of Things (IoT) and Artificial Intelligence (AI), must lead to transformation. “My vision and ambition is not just specific to roll out of 5G services but also creation of Indian IP and patents in 5G technology,” he said.
Innovative India
Business Line (21/07/2019)
Making rapid strides on the innovation front.
How does an ambitious country become an innovation nation? In capitals across the globe, including New Delhi, that is a question preoccupying leaders seeking to promote innovation. The answer is, of course, for boosting innovation no one size fits all, which is as complex and varied as the world’s national contexts and cultures. The first step to find a customised answer, however, is understanding the general outlines of a successful innovation ecosystem. That is why the United Nations agency, the World Intellectual Property Organization, has developed the Global Innovation Index (GII) together with top business universities: France’s INSEAD and Cornell University, US. The Confederation of Indian Industry has been a long-standing GII Knowledge Partner. The GII measures the innovative capacity and outputs of 129 economies, using 80 indicators ranging from standard measurements such as research and development investments and patent and trademark filings, to mobile-phone app creation and high-tech net exports. This year, India is hosting the launch of the 2019 edition of the GII. India has consistently worked on developing its intellectual property system to provide an enabling environment for innovation to flourish at all levels, including grassroots and frugal innovation. Its engagement with WIPO reflects its strong commitment to multilateral cooperation in this field.
https://www.thehindubusinessline.com/opinion/innovative-india/article28627793.ece#
‘Innovate and reap rewards from IPRs’
The Hindu (05/07/2019)
Expenditure on R&D should double to 2 per cent of GDP, says V.K. Saraswat
NITI Aayog member V.K. Saraswat on Thursday underscored the need for increasing the research and development spend in the country, from the existing level of sub-1% of GDP, for boosting innovation and creating more intellectual property rights. “India’s investment on research and development has to go up from today’s 0.7-0.8% to something like 2% of the GDP. Only then we can see a substantial increase in our innovation, IP and economic growth,” he said on the sidelines of a conference at the Indian School of Business (ISB) here. IPR, innovation and competition are main factors responsible for economic growth.
Govt seeks to amend copyright act to improve access to content
The Hindu (04/06/2019)
Currently, the Act covers only radio, and TV broadcast firms who are allowed to take permission from the owners.
India is looking to widen the copyright framework, restricted now to television and radio, to bring all forms of broadcasters under its ambit. The draft rules on copyright seek to allow all broadcasters to take advantage of statutory licence provisions, a move expected to benefit a number of internet-based broadcasters. On Monday, the Department for Promotion of Industry and Internal Trade (DPIIT) proposed to introduce the Copyright Amendment Rules, 2019 and sought public comments and suggestions on the draft. The draft rules seek to introduce changes to the copyright framework in the light of technological advancement in digital era and to bring them in parity with other relevant legislations.
Ilaiyaraaja wins long-fought copyright battle
The Hindu (05/06/2019)
He is entitled to ‘special moral rights’ over his compositions, says Madras High Court
For scores of fans of the much-celebrated film music composer R. Ilaiyaraaja, this could well be music to their ears.The Madras High Court on Tuesday ruled that he was entitled to “special moral rights” over 4,500 songs composed by him for more than 1,000 movies in his career spanning over four decades. Decreeing a civil suit filed by him in 2014 against a group of music labels, including Malaysia-based Agi Music, Echo Recording of Chennai, Unisys Info Solution of Andhra Pradesh and Giri Trading Company of Mumbai, Justice Anita Sumanth held that the composer was entitled to the moral rights in line with Section 57 of the Copyright Act, 1957.
https://www.thehindu.com/news/ilaiyaraaja-wins-long-fought-copyright-battle/article27474511.ece
Adidas loses EU bid to extend its trademark
The Hindu (19/06/2019)
The company had tried to establish a wider trademark for “three parallel equidistant stripes of equal width applied to the product in whichever direction”.
Adidas has failed in an attempt to broaden trademark protection for its three – stripes symbol in the European Union as rivals seek to muscle into the market for striped shoes and clothing. The company had tried to establish a wider trademark for “three parallel equidistant stripes of equal width applied to the product in whichever direction”. “The verdict does not affect our ability to use and protect the three stripes,” a spokeswoman said.
The General Court of the European Union said it had upheld a 2016 decision of the European Intellectual Property Office to annul a previous acceptance of the trademark, which Adidas registered in 2014 for clothing, footwear and headgear.
Flash says Enfield violated patent
The Hindu (20/05/2019)
Electric auto component maker Flash Electronics on Monday said it had filed a lawsuit against motorcycle maker Royal Enfield for patent infringement in the U.S., regarding production of “a vital component” for two wheelers. In a statement, the company said that Royal Enfield had infringed its patent on “Regulator Rectifier device and method for regulating an output voltage of the same,” adding that the patent was issued by the U.S. Patent and Trademark Office on February 20, 2018.
https://www.thehindu.com/business/Industry/flash-says-enfield-violated-patent/article27189585.ece
City startup’s gesture tech for safety alarms patented in US
The Hindu (08/05/2019)
An innovative protection solution based on gesture control technology that sends out alarms as well as controls wearable devices has been unveiled by Hyderabad startup Hug Innovations. For this, the wearable and IoT (Internet of Things) firm has been awarded a patent in US.
The patent, on safety monitoring of individual using gestures on a wearable device, provides Hug Innovations exclusive rights to develop wearable devices on which safety alarms can be issued using gesture control technology.
Why MSMEs should treat Intellectual Property Rights as assets
Economic Times (13/05/2019)
Conventionally, Indian Micro, Small and Medium Enterprises (MSMEs) have relied on creating and protecting tangible assets-from land, machinery to office equipment-together with their revenue and receivables, to boost their valuation and prestige among their peers and in the industry. However, as per global experience, MSMEs have catapulted into the big league of large enterprises by transcending borders, that is, Multinational Corporations (MNCs), when they invest in creation and protection of intellectual properties (IP) and intellectual property rights (IPRs).
By creating monopolies globally, either by way of integrating businesses vertically or by creating intellectual property rights, these companies have achieved greater revenues and profits. The former method of obtaining monopoly in the marketplace is now regulated by governments in several countries by laws such as Competition Laws. However, IPRs remain a legal and much desired way of creating and enforcing monopolies in an industry or trade.
DPIIT launches website, mobile app for IPR
Economic Times (14/10/2019)
The modules of this e-learning platform will aid and enable youth, innovators, entrepreneurs and small and medium industries (SMEs) in understanding IPRs for their ownership and protection.
Secretary Department for Promotion of Industry and Internal Trade (DPIIT) Guruprasad Mohapatra launched the website and mobile application L2Pro India [Learn to Protect, Secure and Maximize Your Innovation] on Intellectual Property Rights (IPRs) on Monday. The website and app has been developed by Cell for IPR Promotion and Management (CIPAM)-DPIIT in collaboration with Qualcomm and National Law University (NLU), Delhi. Mohapatra, in a statement, said that it is an important project taken up by the Department as both the website and app will be very useful to the startup community which holds great promise for India and its economy. He added that startups are more tuned into investment and risk taking but lack legal knowledge and today when we are on the threshold of the fourth industrial revolution the interface between technology and law is growing and therefore it is very essential that a specialised website and app is available to help startups with the IP process.
Honouring copyright crucial, says official
The Hindu (11/08/2019)
More than commercialisation, honouring copyright of another person is most important, Joint Secretary, Ministry of Law and Justice, Government of India, G.R. Raghavendra, has said. Addressing a seminar on ‘Copyrights and the Internet Revolution- Changing Landscapes,’ organised by Damodaram Sanjivayya National Law University here on Saturday, he explained the concepts of creation, adoption, accession, ratification, reservation and interpretation of a treaty under the Vienna Convention on the Law of Treaties.
He elaborated on the existing laws on copyrights in France, the US, the UK and Japan, among others and how the Indian laws were effective. The Indian judiciary had adopted John Doe orders that worked effectively over the years, he said. He explained aspects of copyright infringement taking the example of Amitabh Bachchan and Kumar Vishwas issue. Mr. Raghavendra spoke about various Conventions, the WTO Agreement on trade-related aspects of intellectual property rights (TRIPS Agreement) and World Intellectual Property Organisation to protect IPRs.
Numaish, now, a trademark
The Hindu (14/08/2019)
Numaish, Hyderabad’s favourite one-month carnival run by the Exhibition Society, has been turned into a trademark by a gentleman from Keesara. On August 13, a well-known photographer and blogger Saurabh Chatterjee got the shock of his life when he got a cease-and-desist letter from an IP lawyer for his photo-blog on the exhibition. “This is to bring to your notice that you have been using the information and usage of word Numaish © Trademark Registered without written permission or consent from trademark owners. The page content has to be modified or removed by taking permission…” read the letter sent by the Numaish Compliance Team. The trademark application for Numaish was filed on April 2017, and the certificate was issued a few days earlier on July 4, 2019, by the Mumbai-based Registrar of Trademarks.
https://www.thehindu.com/news/cities/Hyderabad/numaish-now-a-trademark/article29094894.ece
Traders celebrate GI tag to Odisha rasagolas
The Hindu (20/08/2019)
Odisha’s sweetmeat traders’ association distributed 50,000 rasagolas free of cost to celebrate conferment of the geographical indication tag on the popular dessert here on Monday.
“This is a matter of great pride for us that rasagola has been awarded the GI tag. The whole world has recognised that Odisha is the place of origin of the rasagola which is in circulation since the beginning of the famous Rath Yatra of Lord Jagannath,” said Pramod Prusty, vice-president of the Utkal Mistanna Byabasayee Samiti. As per the application submitted to the Registrar of Geographical Indication, the Odisha rasagolas are white in colour and round in shape but off-white rasagolas in various shades are also prepared.
Government proposes to significantly reduce IPR fees for MSMEs, startups
The Hindu (16/09/2019)
As per the proposal, fees for MSMEs and startups for filing of patent applications will be reduced to Rs. 1,600 or Rs. 1,750 from Rs. 4,000 or Rs. 4,400 respectively.
The government has proposed to reduce fees for various intellectual property rights such as patents and designs for micro, small and medium enterprises and startups to promote innovation, Commerce and Industry Ministry said on Monday. An individual, group or industry has to pay fees at different levels of intellectual property rights (IPR) application fillings.
NIT-C professor bags patent
The Hindu (16/09/2019)
Lisa Sreejith develops artificial cartilage from crab and shrimp shells
A professor of the Department of Chemistry, National Institute of Technology, Calicut, (NIT-C), Lisa Sreejith, has secured a patent for an invention of preparing artificial cartilage from crab and shrimp shells for biomedical applications in human beings. “This engineered cartilage from hydrogels for biomedical implantation is stable under different chemical environment. It is bio-compatible and non-cytotoxic,” Dr. Lisa Sreejith told The Hindu on Monday.
https://www.thehindu.com/news/national/kerala/nit-c-professor-bags-patent/article29432280.ece
Govt eases rules for patents filed by women, govt departments, patent protection abroad
The Economic Times (19/09/2019)
The government has simplified the rules for patents filed by small entities, women and government entities, and incentivised Indian companies who apply for patents abroad. The Department for Promotion of Industry and Internal Trade (DPIIT) has notified the rules further to amend the Patents Rules, 2003 and expedited the examination a patents if the applicant is a startup, small entity, an institution established by a Central, Provincial or State Act, which is owned or controlled by the government, an institution wholly or substantially financed by the government. “They have expedited the examination of patents to foster creativity in startups and help the government commercialise its patents by charging royalty,” said an expert on intellectual property rights (IPR).
AICTE to take up patent rights for on-campus inventions issue with commerce ministry
The Economic Times (29/09/2019)
The AICTE is going to approach the Union commerce ministry regarding their draft guidelines on patent rights for on-campus inventions, that does not give credit to a student inventor, a view different from the technical education regulator’s policy on startups. Asserting that the inventor should get credit for any invention on campus as it will encourage more people to take up research, the All India Council of Technical Education (AICTE) said a policy for academic institutions should come from academic bodies. While AICTE’s new policy has made it mandatory for academic bodies to share patent rights with a researcher, if the facilities of the institution are used while developing a product or a technology, the commerce ministry draft guidelines on the implementation of the Intellectual Property Rights (IPR) policy for academic institutions recommends that the patent right will be owned solely by the institution in such a case.
Intellectual Property Rights: A smarter way to reform education sector
Hindustan Times (11/10/2019)
Universities and public research institutions are among the direct contributors towards innovation and research, particularly in emerging economies. The potential pool of talent for innovation in these economies also emanates largely from educational institutions and research institutions. Off late, the significance of Intellectual Property Rights (IPR) in higher education has been widely recognised. This could be credited to the National IPR Policy approved by the Union Cabinet in May 2016, which was the first ever IPR policy framed by the Government of India.
The primary focus of this Policy is towards promoting innovation and creativity, especially amongst entrepreneurs and in higher education institutions. The Policy brief specifically mentions synergising all forms of IPR, concerned statutes and agencies for tapping the creativity and innovative energies in India with a special emphasis on start-ups and educational institutions.
Hike becomes one of the top 3 patent filers in IT sector
Business Line (16/10/2019)
Kavin Bharti Mittal backed Hike has become one of the top 3 patent filers in the field of IT. With 66 patents filed in the year 2017-2018, Hike joined the ranks of Wipro & TCS in a list unveiled by the Office of the Controller General of Patents, Design & Trademarks. The company has also launched the Hike Patent Program, which not only incentivises Hike employees with rewards and grants but also lends legal and market guidance to prospective patent filers. The company is also offering rewards and grants ranging up to Rs. 60,000 per inventor, depending on the impact of the idea.
TVS Motor, Bajaj Auto settle decade-old dispute over patent for spark plugs
Business Standard (31/10/2019)
Both TVS Motor and Bajaj Auto have mutually agreed to withdraw pending proceedings and release each other from all liabilities, claims, demands and actions.
TVS Motor Company and Bajaj Auto have settled a decade-old dispute related to patent rights for spark plugs. The companies said they entered into a settlement agreement on Thursday to amicably settle the decade-old dispute related to alleged infringement of Bajaj’s patent for digital twin spark plug ignition technology. The patent by Bajaj Auto was related to improvement in the combustion characteristics of a four-stroke internal-combustion engine and the dispute occurred after allegations were raised that TVS Motor’s 125-CC bike Flame infringed the patent.
Luxury brands act tough on trademark violations
Economic Times (28/12/2019)
Luxury consultants say there is rampant misuse of trademarks of global companies and products bearing copied brands and logos are widely available from Karol Bagh in New Delhi to Heera Panna market in Mumbai.
Salvatore Ferragamo has filed a case in the Delhi High Court against Metro Brands for allegedly using an omega-shaped logo similar to its registered trademark. Similarly, Paris-based Hermes is fighting a case against New Delhi based Da Milano for allegedly using an ‘H’ logo that is identical to the French luxury company’s trademark. The court had restrained Da Milano from using it in May. Ferragamo sells Gancini-branded shoes, belts, socks and bags that bear the symbol representing the Greek letter Omega. In the court documents, the Italian firm said Metro Brands uses a buckle for its DaVinchi shoes that is “virtually identical” to Ferragamo’s logo.
IIT Delhi files 20% more intellectual property rights in 2019
Economic Times (27/12/2019)
IIT Delhi has filed 150 IPs in 2019 – a 20% increase over 2018 figures. Also, compared to last year, we have seen a four-fold increase in revenue from our IP licensing activities. We have also initiated programs to foster increased student and faculty participation in deep technology start-ups that are backed by strong IP,” Ramgopal Rao, Director, IIT Delhi said. In this calendar year-2019, Indian Institute of Technology (IIT) Delhi has filed 150 IPs or rights to intellectual property in the form of patents, designs etc. The institute has filed 20% more IPs for 2019 compared to 2018.
MSMEs must protect their ideas; investment in IP protection is asset not expense
Financial Express (23/12/2019)
Intellectual Property Rights (IPRs) are important instruments to foster a culture of innovation. IPRs include trademarks, copyrights, patents, geographical indication and industrial designs and protecting them enhances the competitiveness of Micro, Small & Medium Enterprises (MSMEs). Conventionally enterprises relied upon physical assets for their growth but over the years, increasingly it is the IPRs which determine the growth and bottom line of the enterprises. To cite an example acquisition of Motorola by Google for $12.5 billion was primarily for its patent portfolio of about 24,500 patents. Subsequently, Google retained the patent portfolio but sold the brand and the physical assets of Motorola to Lenovo for US$ 3 billion. This clearly shows the importance of protecting IPRs. Value of brand like Coca-cola is much more than its assets.
Over 60,000 Indian priority patents published in 2016-18, 34% rise: Report
Business Standard (23/12/2019)
A total of 60,355 India priority patents were published in the country between 2016 and 2018, up from 54,481 publications in 2015-17, according to Clarivate Analytics India Innovation report.
The share of India priority publications within the overall patents published in India has grown from 25 per cent in 2016 to 34 per cent in 2018, indicating a steady growth in inventive idea of local origin and the importance of India as a market to protect IP, it said. India priority patent publications refer to patents that are first filed in India.
Bombay high court dismisses iconic bakery’s plea in trademark battle
The Times of India (22/12/2019)
Bombay high court this week dismissed a plea by Mumbai’s iconic bakery Merwans Confectioners for interim orders to restrain a former franchise from using its trademark. Merwans had launched an intellectual property rights battle. Merwans had started in 1930 as a family business owned by K M Irani. Through its lawyer Advait Sethna, it argued that that Sugar Street, a confectioner in Andheri, be restrained from using its “trade dress’’ or any product deceptively similar to its registered trademark ‘Merwans’ and distinctive design. It argued that the franchisee till September this year had even created interior decor of its store to match that of Merwans.
MNIT professors get patent for vegetable oil-powered bike engine
The Times of India (14/12/2019)
A twin engine motorbike driven by non-edible vegetable oil or DG sets pumping water into agricultural fields with 60-70 % less carbon emissions have become a reality. Two professors of city-based Malviya National Institute of Technology (MNIT) along with one professor of a private college’s project ‘Vegetable Oil Fueling System’ was issued patent certificate by the patent office, government of India on Thursday. The trio has decided to offer the technique for free to farmers.
TB survivors challenge patents for better access to medicines
The Hindu (09/12/2019)
Survivors who have battled the deadly tuberculosis bacteria are now at the forefront challenging pharmaceutical companies on their demands to get patents on crucial drugs and are raising voices against the government inaction. While TB remains a screaming public health emergency, survivors say their voices cannot be sidestepped any more, if the disease has to be tackled head-on.
Last month, Mumbai-based survivor and activist Ganesh Acharya (39) challenged the two patent applications on combinations of TB medicines — isoniazid and rifapentine — filed by French pharmaceutical company Sanofi. Together, isoniazid and rifapentine form the 3HP regimen, a preventive treatment that can protect millions of people from contracting the disease.
India trying to set up IPR office on US model
Economic Times (06/12/2019)
The government said in Rajya Sabha on Friday said it is trying to set up a fully computerised intellectual property rights (IPR) office in the country which is similar to the US model where everything is done online.
Responding during Question Hour, Commerce Minister Piyush Goyal said the government has brought a lot of “sanity” to the working of eight areas of IPR, be it patent, copyright or trademark. “All of these are synergised into one office now. We are in the process of computerising every process so that people don’t have to go to any IPR office whatsoever,” he said.
Andhra Pradesh fares poorly in filing patent apps
The Times of India (06/12/2019)
On average, around 350 patents are filed every year in Andhra Pradesh, lower compared to other states in the country.
Further, almost 75 per cent to 80 per cent of these patents are applied for by either foreign companies or non-resident Indians (NRIs). “It is unfortunate that out of the 50,000 patents filed in India every year, almost 75 per cent to 80 per were applied for by either foreign companies or NRIs,” said Bijay Kumar Sahoo, regional manager, National Research Development Corporation (NRDC).
Patent registrations in India very low: expert
The Hindu (04/12/2019)
Patent registration from India was very low compared with that in the U.S. and China, said M. Abidine, Head, PCT Operations Section 1, World Intellectual Property Organisation (WIPO).
He was speaking after inaugurating a roving seminar on Patent Cooperation Treaty at National University of Advanced Legal Studies (NUALS) here. This could be increased through better awareness among the people about patent registration. More than half a lakh patents were registered in a year in the U.S. and China. But it was only around 2,000 in India, speakers said. The WIPO conducts awareness programmes with the association of Intellectual Property India (IPO), mainly through campuses.
Current patent laws are inadequate for Artificial Intelligence-related Intellectual Property: Report
Economic Times (03/12/2019)
A report published by India’s largest software exporter, Tata Consultancy Services, in association with Confederation of Indian Industry, found that despite the evolution of patent laws, the increasing proliferation of artificial intelligence across the world necessitates new policies for the enforcement of intellectual property rights.
“Current patent laws treat AI software inventions as logical algorithms implemented on the computer. While patent eligibility of algorithms is valid, there is little about how to deal with inventions that are heuristic in nature,” the report found. In artificial intelligence a ‘heuristic’ is a technique used to solve a problem faster than classic methods. Software is no longer limited to traditional rule-based systems and has increasingly turned heuristic, showing higher intelligence over rule-based systems, it cited.
Only 1/5th of over 25,000 applications filed by Indian institutes from 2009-19 granted patents: Govt
Economic Times (03/12/2019)
Indian research and technology institutes filed over 25,000 patent applications from 2009 to 2019, but only one-fifth of those were approved, the government informed Parliament on Tuesday. In a written response to a question in the Rajya Sabha, Science and Technology Minister Harsh Vardhan said from 2009 to 2019 (up till November 24), 25,200 patent applications were filed by different institutes in the country.
The Council of Scientific and Industrial Research (CSIR) filed 2,413 patent applications in the said period, the minister said, adding that 3,751 applications were filed by the Indian Institutes of Technology (IITs), 2,016 by the National Institutes of Technology (NITs) and 998 by the Defence Research and Development Organisation (DRDO).
Why students must know about Intellectual Property Rights
The Times of India (02/12/2019)
India’s research output had an annual growth rate of 9% from 2013 to 2017. This was considered to be one of the most productive periods in Indian research scenario. In 2019, India’s position rose to 36 from 44 (2018) in the International Intellectual Property (IP) Index. Ironically, increased research did not amount to increase in IP applications, which continued to be limited. In 2017-18, 3,50,546 applications were received by the IP offices under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry which was slightly better than 2016-17, when the total applications were 3, 50,467.
The annual review of the international patent system, administered by the World Intellectual Property Organisation (WIPO) claimed that only 6% of Patent Cooperation Treaty (PCT) applications originating from India were filed by universities in 2018. This implies that young researchers need to know more about IP rules and rights.
Government encourages MSMEs, startups to innovate; says patents regime simplified
Financial Express (24/11/2019)
To boost innovation among India’s MSME and startup community, the government has simplified patents regime, said Commerce minister Piyush Goyal. The government, in September, had proposed a reduction in fees for different intellectual property rights (IPR) including patents and designs for startups and MSMEs to encourage innovation, Commerce ministry had said as reported by PTI. Currently, businesses are required to pay fees at various levels of filing IPR applications. The minister, speaking at an event for the biotechnology sector, assured that the government will provide the required support to new and emerging businesses in the biotechnology sector.
Cabinet approves Patent Prosecution Highway programme
The Times of India (20/11/2019)
The Cabinet on Wednesday cleared a proposal for adoption of Patent Prosecution Highway (PPH) programme by the Indian Patent Office (IPO) with patent offices of various other countries or regions. The said programme will initially commence between Japan Patent Office (JPO) and Indian Patent Office, under the Controller General of Patents, Designs and Trade Marks (CGPDTM), on pilot basis for a period of three years only, an official statement said.
India needs to do a lot on patents, says Intel India’s country head
The Hindu (19/11/2019)
Being the torchbearer of Indian IT, Karnataka’s contribution will be extremely crucial for the country to reach its ambitious mandate of becoming a $1-trillion digital economy by 2025, according to industry leaders. The State government said it had a commitment to grow its technology business to $150 billion in the next five years from the current $50 billion.
However, large technology firms, start-ups, R&D outfits, accelerators, incubators and educators participating at the State’s annual IT show, Bengaluru Tech Summit, here on Monday, unanimously said the technology sector in the State required a revamp for it to get back to quick growth and contribute meaningfully to the country’s $1-trillion digital journey.
https://www.thehindu.com/business/india-needs-to-do-a-lot-on-patents/article30009432.ece
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