Thursday, 12 September 2019

Metrasens Global MRI Safety Business Obtains another Patent

Intellectual Property

A leading provider of advanced magnetic detection technologies, Metrasens has proudly announced about the recent grant for a new patent by the US Patent and Trademark Office (USPTO) for further strengthening of its patent portfolio. The newly granted patent revolves around the protection of the technology proficient in decreasing alarm weakness in the Ferromagnetic Detection Systems (FMDS) of Metrasens. Being used to increase the safety of staff and patients in the MRI departments of hospitals, Metrasens’ FMDS systems for MRI safety were invented by the company’s founders and have been purchased by MRI departments in 36 countries since 2003, when they were first introduced globally.
By obtaining its first patent before 2000 along with a total of 21 international patents till now, Metrasens at present has a considerable Intellectual Property (IP) in the field of magnetic detection. Nevertheless, this family’s patent protection granted in China is currently subject to a challenge by Nanjing Cloud Magnet Electronic Technology Company Limited in the China State Intellectual Property Office (SIPO). Metrasens is defending itself against the plaintiff and its affiliate – Nanjing Haole Technology Company Limited (NH) in the Nanjing Intermediate Court for Copyright Infringement and in the Shanghai Intellectual Property Court for Patent Infringement. A decision announced by SIPO in regards to this case has proclaimed that the office concludes the patent to be invalid because it lacks an inventive step. It appears that Metrasens will robustly appeal to the SIPO decision.
Metrasens with an intention to defend itself claimed that previously, Nanjing Haole Technology Company Limited was a distributor appointed to disseminate its Ferroguard FMDS products in Southern China. Metrasens had terminated the relationship as it found this group emerging and selling products that possessed very similar technical features and functions to those for which Metrasens had obtained patents. With the aid of Beijing Yihai (one of its distributors), Metrasens has evolved as a leader in providing MRI safety services and resolutions to hospitals throughout China. Metrasens also has a Patent Application having further eight patents that reflect its investment to develop technology that helps in keeping the Chinese citizens safe.
Metrasens’ CEO and co-founder, Dr. Simon Goodyear, said that their close connections with MRI system vendors and the Chinese radiology community facilitated the fast and accelerating adoption of their Ferroguard systems in China.They are proud that both the IP executives and the MRI community value the benefits of their products, which are the result of years of their experience in this field. The new patent will help them in continuing to pursue their goals of safeguarding Metrasens’ intellectual property and businesses and of improving patient safety in China. 

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Tuesday, 10 September 2019

How To Use Copyrighted Material For Advertising Free From Legal Concerns?

copyright registration

All may not be aware of this, but advertising is as old as commerce and civilization. Nearly 3, 000 years ago, people tended to promulgate their products and services on clay tablets, through town criers, etc.; however, advancements in technology have changed the ways people advertise their business today. Companies nowadays beckon potential customers by using pamphlets, brochures, billboards, radio and TV communications, commercial text messages, email advertisements, and many other advertising tools.
With the availability of so many options to advertise products and make consumers buy them, more and more businesses are moving towards advertising, thus turning the industry comparatively more competitive than ever before. Besides competitive, advertising appears a costly affair for most entrepreneurs, startups, and SMEs (small and medium-sized enterprises). Ultimately, the limited budget and the human tendency to exaggerate quick benefits in the cut-throat challenging era make people advertise their business by using the copyrighted products of others. It is because creating new items often demands high investments in comparison to accessing copyrighted ones, but advertising in this manner may lead to Copyright Infringement issues. Hence, if you want to use others’ copyrighted materials in your business ads, then make sure to do so while keeping the legal concerns at bay. It is easily possible by getting information about the legal policies on how to use copyrighted items without facing legal concerns.

Copyright law and Advertising

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

Copyright Basics

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

Commercial Use

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

Fair Use

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

Permission for Use

As per this policy, you can use someone else’s copyrighted work in your advertising, but after obtaining a license that the licensor may provide you in exchange for a set amount. Hence, you have to determine the licensor by finding and viewing the name located next to the copyright symbol. In some cases, when there is no symbol or name on the item, you should search for the name online on the U.S. Copyright Office website. This category emphasizes money but not always, like owners of lesser-recognized work can permit you to use their work only in exchange for publicity by having their name somewhere in your ads. It means you can enjoy profitable advertising for your business that too without paying any money.
Advertisements are one of the common targets for Intellectual Property infringement lawsuits. If you are not cautious, you can lose your brand reputation and face financial losses. Here, we have tried to provide vital data that can help you protect your ads and prevent legal troubles. As prevention is always better than cure, before launching any advertising campaign in the future, be sure that it suffice both a general legal perspective and an IP perspective. For more visit: https://www.trademarkmaldives.com/blog/how-to-use-copyrighted-material-for-advertising-free-from-legal-concerns/

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Monday, 9 September 2019

Dindigul Lock And Kandangi Saree From Tamil Nadu Get GI Tag

copyright registration

Geographical Indications Registry has recently granted GI (Geographical Indication) tag to Tamil Nadu’s Dindigul locks and Kandangi sarees, thus providing the Dindigul Lock, Hardware and Steel Furniture Workers Industrial Co-operative Society Limited and the Amrar Rajiv Gandhi Handloom Weavers Cooperative Production and Sales Society Limited, that applied for the certification, with exclusive rights over these products.

Dindigul Locks

The high quality and durability of these locks are the reasons; why they are famous worldwide, why the manufacturing city is known as Lock City, and why most government institutions such as hospitals, godowns, temples, and even prisons use these locks rather than the machine-made ones.
Started by Sankaralingachari brothers, the lock-making industry in Dindigul is nearly 150 years old, spread over a wide area of 5 villages in the district and consists of more than 3,125 lock manufacturing units located in Kodaiparailpatti, Kamalapatti, Nagelnagar, Nallampatti, and Yagappanpatti.
The artisans working in this industry use the raw materials like MS flat plates and brass plates procured from the nearby towns such as Salem and Madurai to make around 50 varieties of Dindigul locks. Every lock made by them possesses a unique style and an unusual name like Mango Lock, Export Lock, Door Lock, Almirah Lock, Excise Lock, Trick Lock, Drawer Lock, Square lock, Mango Seven Levers Lock, and Mango Nine Levers Lock.
The availability of plenty of iron in this region is the reason behind the growth of this industry.

Kandangi Sarees

Manufactured in Karaikudi taluk in the Sivaganga district, Kandangi sarees are the hand-woven sarees characterized by their large contrast borders. Sometimes, the borders are so large that they cover nearly two-third part of the whole saree, which is 5.10 m-5.60 m long.
These cotton sarees are being made by the adept weavers of Devanga Chettiars for women of Chettiar community, also recognized as Nakarathars or Nattukottai Chettiars for the last 50 years. They take over a week to make a single exquisite Kandangi saree.  As these cotton sarees well suit the summer season, customers often buy them in bulk.
Traditionally, Kandangi sarees were famous for their unique borders of temple checks design and were all brick-red, black, and mustard, a combination that flatters almost every type of complexion.
Deputy Registrar of Geographical Indications Registry, Chinnaraja G. Naidu, told that Dindigul lock and Kandangi saree have received the GI tag on August 29, 2019, and GI for these products was filed by GI Advocate Sanjai Gandhi and Chennai-based Intellectual Property Attorney. For view source: https://www.trademarkmaldives.com/blog/dindigul-lock-and-kandangi-saree-from-tamil-nadu-get-gi-tag/

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Tuesday, 3 September 2019

TSMC Says Allegations By GlobalFoundaries Are Baseless

Patent Infringement

Taiwan Semiconductor Manufacturing Company, TSMC has recently responded to the Patent Infringement case filed against it by an American semiconductor fabrication foundry known as GlobalFoundaries (GF).
TSMC said that GF is acting like a patent troll and its allegations are baseless. The contract maker of semiconductors continued by saying that it has obtained more than 37,000 patents worldwide and a top 10 ranking for three consecutive years for the US patent grants since 2016, thus considers itself as one of the leading semiconductor foundries.
Besides, the world’s largest foundry said that it is disappointed to come across a situation where a peer opts to file a meritless case instead of competing.
On 26th August 2019, GlobalFoundries filed the complaint claiming that TSMC, along with many of its customers, and makers of several products, have infringed 16 of its patents encompassing various aspects of chip manufacturing. GF claimed that the 7 nm, 10 nm, 12 nm, 16 nm, and 28 nm nodes of TSMC illegally use its Intellectual Property (IP). Apple, Broadcom, NVIDIA, MediaTek, Xilinx, and Qualcomm are some other names that the company named among the defendants.
The complainant had filed the case in the Regional Courts of Dusseldorf, and Mannheim in Germany, the U.S. Federal District Courts in the Districts of Delaware and the Western District of Texas, and the US International Trade Commission (ITC). Looking for damages from TSMC, it wants the courts to prohibit the products that use infringing semiconductors in not only the US but Germany as well.
On the other hand, TSMC rejected the allegations and proclaimed that it would defend itself in the courts. The foundry reveals that it not only has been granted 37,000 patents throughout its history but also spends billions of dollars on R&D every year.
Typically, high-tech firms counter-sue one another in Intellectual Property infringement lawsuits, so it will not be surprising if TSMC decides to sue GF. TSMC undoubtedly feels that the allegations are baseless and therefore, is planning to defend itself against GF but what if any of the three courts disagree? Then, TSMC and its clients would work out a royalty arrangement with GF. 

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IPRs And Human Rights: An Arduous Relationship

Trademark Registration Process

Intellectual Property Rights (IPR) and human rights are two laws that never infringed on the domains of each other before the 90s. In the beginning, they grew separately and hardly interrupted one another. However, later, it has been found that they are interrelated in several ways. One, human rights and IPRs can conflict with each other. Second, these two laws may co-exist with one another. Such factors usually raise a concerning confusion whether IP and their rights are compatible with human rights or harmful to them.

IPRs and Human Rights Complement Each Other

IP rights of authors and creators should not restrict the cultural participation and scientific access, rather expedite them. Since IPRs try to create a balance between incentives on one side and access on another, the human rights and IPRs in this sense are compatible with each other. Assuredly, we can view the compatibility between these two laws by balancing positions and interests.

IPRs and Human Rights are Different

By turning the pages of the past of these two laws, we can conclude that IP rights were not a priority for human rights professionals and vice-versa. Moreover, IPRs professionals were and are focused on broadening the scope of IP protection by incentivizing and rewarding the innovative activity, while human rights experts focus on the establishment of norms that can prevent human rights abuses. As the IP’s economic aspect emphasizes rewarding individuals for their efforts, protecting their products, and considering inventions as extensions of their personalities, it promotes individualism.
In contrast, human rights are different and ensure that not only an individual rather large groups or communities can also be the authors or inventors. This law recognizes the value of IP products as an expression of human creativity and dignity and thus, mainly considers the protection of these expressions and common goods. That’s why it focuses on the interest of the entire society instead of only the individuals. On the contrary, IPRs stay limited only to the titular’s interests.

IPRs and Human Rights are Conflicting

Researchers often delay the publication of their inventions to defend their IP. It means IPRs in the scientific domain lead to more privatization and lessening of scientific publications, thus acting as a barrier in scientific progress. The continuously growing range of such people who want to protect their intellectual property in this way can result in a threatening situation where everyone obstructs the other, thus ultimately leading to reduced innovations.
Not only this, but IPRs are obstacles to another human right, i.e., right to health also. For instance, taking undue advantage of Intellectual Property Protection, the patent owners usually set their costs much higher than generics. Due to this, many people turn unable to access useful and apt medicine.
Finally, we can see that IPRs usually put negative impacts on the essence of human rights. Besides, the administrators who are responsible for the deliverance of IPRs often found neglecting their duty in the perspective of morality. These officials estimate that taking moral and ethical preoccupations into consideration are neither useful nor imperative, despite that these preoccupations are lifelines of human rights.

Conflict Resolution

Are you looking for ways to resolve the conflict between human rights and IPRs? Well, the appropriate solution will be the result of many efforts. Firstly, human rights authorities must create some specific interpretations of cultural, economic, and social aspects so that they can work with policies of the TRIPs agreement. Secondly, all administrators, whether IPRs or others, should focus on the human rights perspective that demands to keep both the owners as well as consumers of IP products at an equal level. Thirdly, the government must consider imposing maximum standards for Intellectual Property Protection instead of just supporting minimum standards. Last but not the least, the international forums, such as the World Trade Organisation (WTO), and the World Intellectual Property Organisation (WIPO) should analyze the new laws and doctrines with human rights viewpoint. It is the only approach by which human rights and IP Rights will co-exist with each other. For view source: https://www.trademarkmaldives.com/blog/iprs-and-human-rights-an-arduous-relationship/

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Monday, 2 September 2019

Tirur Betel Leaf Receives GI Tag


Trademark Protection

Geographical Indications Registry has recently granted Geographical Indication (GI) tag to Tirur Betel Leaf from Kerala. Also known as Tirur Vettila, the betel leaf is cultivated in Tirur, Tirurangadi, Tanur, Kuttippuram, and nearby areas of Malappuram district in Kerala. The high content of chlorophyll, protein, and antioxidant capacity is what makes this product unique. Appreciated for its mild stimulant, digestive, and medicinal properties, Tirur Vettila is mainly used in making pan masala.
The Tirur Vettila Ulpadaka Sangam expedited by Intellectual Property Rights (IPR) Cell, Kerala Agricultural University (KAU) had applied for the GI tag in 2018.
Director of Research at KAU, Indira Devi, said that the Tirur Vettila consists of Eugenol, the essential oil contributing to its pungency. Moreover, the shelf period of this unique product is comparatively more than other betel leaves. She added that the considerably more antioxidant capacity in Tirur Vettila adds to its medicinal properties and this leaf is more pungent in comparison with many other cultivars. Additionally, she said that the GI Registration is expected to upsurge the marketability and demand of the product.
Recognized under the registered owner – Tirur Vettila Ulpadaka Sangam, Malappuram, this GI-product is a collective initiative taken by the IPR cell of the KAU, State Department of Agriculture Development and Farmers’ Welfare, and Tirur Vettila farmers, and has now reached its ultimate destination.

Pharmaceutical Sector
Coordinator at IPR Cell-KAU, Dr. Elsy, suggested that the probabilities of using these betel leaf extracts in the pharmaceutical industry are to be explored more. Vettila is an ingredient of ‘Thampooladhi thylam’ and is used in the manufacturing of indigenous medicines to treat cough. She noted that the betel leaf traditionally is famous for its usefulness in treating several diseases. Vettila, if chewed after food enhances digestion. Betel leaf, in India, is routinely served at the time of social, religious, and cultural occasions.

Area under Cultivation
Tirur Vettila, currently, is cultivated over an area of 22 hectares. Nearly 60% of the overall production is firstly transported to Delhi, Mumbai, Itarsi, and Jaypore through rails and then from there, it is marketed to Afghanistan, Pakistan, and Bangladesh.
Before this initiative of the IPR Cell of the KAU, the Geographical Indications Registry has granted the GI tag to many other products, such as:
  • Kaipad rice,
  • Pokkali rice,
  • Marayur jaggery,
  • Vazhakulam pineapple,
  • Chengalikodan nendran,
  • Wayanad Jeerakasala rice,
  • Central Travancore jaggery,
  • Wayanad Gandhakasala rice.
Furthermore, efforts to bring the Kuttiattoor Mango amongst the GI tag gainers are in process.
The Government of India has awarded the IPR Cell of Kerala Agricultural University (KAU) for its efforts in the facilitation of Geographical Indication Registration. For view source: https://www.trademarkmaldives.com/blog/tirur-betel-leaf-receives-gi-tag/
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