An Overview On Protection Of Industrial Design In India

“A thing of beauty” – the poem that gives a message that beauty of a thing is a joy forever and never turns into nothingness has a great significance in today’s world where the appearance of a product counts more than its quality and utility. In the present age, most people select products, which attract them with the beauty of their designs. Besides, the liberalization and globalization have flooded the Indian markets with a wide variety of products, thus providing the consumers with numerous alternatives for whatever commodity they want. It has ultimately made consumers more selective. Therefore, the producers have to not only prove the reliability of their products but also satisfy the consumers’ aesthetic appetite. That’s why creators nowadays spend large capital on designs that enhance their products’ appearance, which then catches the attention of viewers/consumers. In other words, outer appearance/design plays an imperative role in the market by increasing the competitiveness of the product’s owner and enhancing societal life. Hence, the Industrial Product Design protection is essential to reward the owners’/designers’ creativity, encourage their future contributions, and prevent others from making earnings on their creations.  

Industrial Design Protection: Indian Law Perspective

As per the Intellectual Property Law in India, industrial design protection under Design Act 2000 refers to a type of Intellectual Property Right (IPR) that gives the exclusive rights to make, use, and sell products embodying the protected design to the selected people only. In general, these protection rights have a life span of 10 years, but if needed, the owner can get them renewed for an additional time slot of five (5) years. Industrial design protection is for the shape, color, line, configuration, and surface pattern that either improves the visual appearance or increases the aesthetics of the design.

Requirements to be met for Obtaining Design Protection

To attain the protection under Indian law, a design must:

• Be non-obvious,
• Associate with shape, pattern, ornamentation, or configuration of any product
• Suffice the novelty and originality, that is, before the date of applying for the registration, the design should not be published or used anywhere
• Be non-contrary, i.e., doesn’t hurt the feelings of anyone.

Procedure to Obtain Industrial Design Protection

In India, almost every design application is filed before the Design registry. It is advisable to proceed to the application filing after recognizing the class/category of the design to be protected. Once identified the class, you can go for either paper filing or online filing. After the application has been filed, it will be examined by the concerned office, which can issue objections following the examination report. You have to respond to the objections within three months. The office, if finds the response satisfactory, will grant the protection, which will rest with you for ten years. 

Designs that Can’t Get Protection

The Industrial Design Protection in India doesn’t protect the designs:

• Opposing to others moral values
• Describing the process of construction of an object
• Related to the appearance of books, calendars, jackets, certificates, forms, dressmaking patterns, greeting cards, leaflets, maps, plan cards, postcards, stamps, and medals.
• Associated with flags, emblems, or national symbols/signs of any country
• Of integrated circuits.

Importance of Industrial Design Protection

The industrial design used to be the most overlooked pillar of the Intellectual Property Protection, including patents, industrial designs, copyrights, trademarks, etc.  But now, as the present era is the age of creativity, aesthetics, and design, where the visual appeal of products is very significant, industrial design protection has become a crucial need for designers, manufacturers, and vendors. The rapidly turning competitive marketplace, objectives of copycats or infringers, and requisite to maintain a brand’s integrity are some aspects that will help you in understanding the importance of design protection. For instance, the visual appearance of a product is a vital thing that not just attracts the viewers but also helps them in distinguishing one brand from others. Once protected under deign law, the appearance/design will communicate the message that the product is genuine, and thus, attract more and more buyers. In other words, it will create a reputation that makes customers buy from you without hesitating. Besides, protecting the design of any product or packaging gives legal powers to stop the counterfeit products from destroying the relevant brand’s reputation and defaulting on the brand’s promise of efficacy and safety. It can provide many other significant benefits, including ownership of exclusive rights to make, use, and sell the design. Hopefully, you have understood the importance of securing your design under industrial design protection. If yes, then what are you waiting for? File the application now! ✅ For view source: https://bit.ly/2C9DM8n

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How Can Intellectual Property Protection Benefit Virtual Businesses?

Due to the continuous technological advancements, virtual businesses have stepped onto the path of tremendous growth. Nowadays, it is common to see people working in a coffee cafe or restaurant; instead of an office as earlier. Well, it is the concept of virtual businesses that makes this happen and lets the people work as freelancers, thus serving them with a new sense of freedom while working. Besides, it enables organizations to get their work done even by the people working in other cities. It is also about letting the employees work remotely. All these facts have made virtual businesses one of the best commerce of the present world.

Undoubtedly, virtual businesses are beneficial in almost every sense, but as the virtual data can be copied, altered, and distributed easily in just a couple of minutes, ensuring the protection of the work associated with the virtual world appears a bit complicated. In these instances, Intellectual Property Protection comes up as the most effective shield to prevent the unlawful copying and use of any material accessible over the internet without seeking the permission of the original creator.

Why Is Intellectual Property Protection Vital for Virtual Businesses?

Virtual businesses often operate on working models focused on their online presence. Hence, the assets like website, app, or other that influence one’s online presence are of great importance. Unfortunately, the Internet and rapidly advancing technology have made the theft and imitation of such online assets just a matter of some clicks, thus generating a crucial need for a robust shield to safeguard them. No doubt that there are several ways to keep the online data secure, but what could be more effective than intellectual property protection. It bestows you with the Intellectual Property Rights (IPRs) that are beneficial in not just preventing replication or misuse of your IP but also making the infringer pay for the damages to your business due to the infringement.

Who Can Own the IPRs on a Website?

A website, which acts as a foremost tool to promote the business for sales generation, is the biggest asset of any company. As this imperative tool generally includes several elements provided by different people like designers, content developers, etc., it is not necessary that a site owner owns exclusive rights on every component. Therefore, it is essential to determine what rights a site owner can own, along with how to protect them.

In general, the right to enjoy the exclusivity remains with the employer instead of the employees who are employed to develop the website. However, as the Intellectual Property Law varies from nation to nation, this right may also change as per the country. So whenever you decide to obtain legal ownership over your website, it will be in your best interest to consult an IP Attorney.

What Elements of Your Website Can You Protect?

The intellectual property industry has multiple heads to ensure the protection of various elements of your website. Technical tools and software can be protected by Patent Registration. However, the website’s design, which is the expression behind the idea of creating a site, can be secured under Copyright Protection. Copyrights are applicable also for the security of the website’s content, including images, blog posts, and more. Software that includes text-based HTML codes can obtain the protection under Patent Law or Copyright Act, depending upon the nation where the website is functioning. Trademark Law protects the website’s name, logo, products, and other unique signs visible to the viewer. Computer-generated graphic symbols, user interfaces, displays, & even webpages need to be protected under Industrial Design Law. Trade Secrets Law, as the name depicts, is available to safeguard the site’s hidden or confidential aspects, whose disclosure may lead to secrecy violation of the particular firm.

Wrapping Up

As mentioned earlier, the virtual business industry is one of the most rapidly growing sectors. While dealing in such a continually advancing and competitive industry, it is not uncommon for you to find your work violated by someone. Besides, there are possibilities that you may unknowingly infringe others’ IP. IP protection helps you in not just evading such issues but also ensuring safer online transactions in your business. So, if you are planning to come up with a website, make sure to secure it with suitable IPRs. Hopefully, the aforementioned information will prove helpful to you. However, if you are looking for additional information related to the IP industry and virtual businesses, it is better to consult an experienced IP Lawyer or IP Law Firm. ✅ For View Source: https://bit.ly/36x9bQ7

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Microsoft Files Patent For A Possible Virtual Reality Vibrating Mat

A new Patent Application filed by Microsoft with the U.S. Patent and Trademark Office (USPTO) hints that the company might be working on vibrating mat to prevent the Virtual Reality (VR) gamers from getting hit by a table, chair, or other devices while being blinded by a VR headset. 

In the application filed recently, the company described that it is planning to come up with a VR-enabled vibrating floor mat that would deal with the real-world issue faced by several VR gamers. Microsoft’s floor mat would house a bevy of tech features capable of influencing users’ VR experience while keeping them away from the risks posed by surrounding walls, tables, or other furniture. Built-in “spatially distributed pressure sensors” and “fiducial markers” would communicate with the VR console to determine the gamers’ physical location on the mat. The data collected could then be utilized to shape the virtual world around players.

The patent also mentions the plausibility of providing the mat with “vibration devices” to make it vibrate. It further uncovers various configurations in the possible VR mats, encompassing one that would list a few customization options so the players can personalize their play space. Besides, one of the images provided in the patent application shows the intended VR mat in the living room, where a spitting-image of a Kinect is visible on top of the TV.

More interestingly, the patent even mentions the mat’s potential that would help the VR players in having a sound gaming experience. The company explained that in some cases, the VR-enabled vibrating floor mat could become a gaming console, while the HMD and peripheral control devices may perform as peripheral to the gaming console.

Furthermore, the application showcases multiple feasible VR computing devices like personal computers, server computers, home-entertainment computers, tablet computers, network computing devices, and more. It even puts light on wearable gadgets and smartphones that reveal that the brand may have been casting a precautionary wide net.  Another point in the application describes that Microsoft could come up with interlocking floor tiles, which would help the users to increase the mat’s square footage if they find the playing space insufficient by adding some additional surrounding tiles.

However, Microsoft’s new vibrating floor mat is predicted to take the users one step ahead as it would tackle a common real-world VR concern ruining the gaming experience of many players; but only if it sees the light of the day. According to several past reports, just applying for a patent isn’t a confirmation that the company will bring the expected floor mat as it is common for the firms to file such patents and then forget to turn them into reality. ✅ For View Source: https://bit.ly/32a2HDm

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The “Blurred Line” Copyright Decision Is Scaring Lil Nas X And Cardi B

Lee and DeMeritt have recently sued Lil Nas X and Cardi B for Copyright Infringement asserting that X and B’s “Rodeo” has a substantially similar sound and feel to their “Broad Day.” They explained that both songs appear the same in many ways. For instance, they both are 142 bpm, Rodeo has “guitar and wind instruments to invoke a certain aesthetic that’s set against hip-hop ingredients derived from digital drum and bass components,” and “the rhythmic guitar part outlining chords of Rodeo is replaced just with a single note line playing ascending and descending scale moving with the change in chord.” It means the two songs are from the same genre.

Nevertheless, Lil Nas X and Cardi B might be planning to defend their Rodeo – a pretty good song managed to grab the attention of Don Lee and Glen Keith DeMeritt III, whose “gwenXdonelee4-142” beat was incorporated into Sakrite Duexe and Puretoreefa’s track Broad Day. But at present, the defendants seem threatened due to the “Blurred Lines” copyright decision made in 2015.

Back in the year 2015, the Marvin Gaye estate secured an unusual copyright verdict against Robin Thicke and Pharrell Williams over their hit song “Blurred Lines.” The Gaye estate successfully argued that although “Blurred Lines” didn’t copy the Gaye’s songs, it cloned the feeling of Gaye’s music, i.e., this song by Thicke and Williams reminded listeners of Gaye. Strange, but the argument ended into Gaye’s favor. 

Since it required musicians to pretend that they have had no musical influences, lest they come across a similar lawsuit, it was a catastrophically bad verdict. People who pointed it out are known as “alarmists” by copyright maximalists, who are sure that this ruling wouldn’t spawn musical copyright trolls that would shake down musicians for huge payouts from hit songs as almost everyone, after all, is associated in some or other way to the songs that came prior to it.

At present, it is predicted that the matter will be settled with the “beat creators getting a songwriting credit,” and therefore, a remarkable percentage of the songwriting royalties as that would be cheaper than the expenses and concerns for going to court. Nonetheless, if X and B do this, you can bet that Lee and DeMeritt will not be the last ones to file a stupid and ridiculous case of this type. Besides, the “Blurred Lines” decision will become a strong legal way for grifters to impose yet another tax on working and successful musicians. ✅ For View Source: https://bit.ly/2NgGeAp

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Trademark Cease & Desist Letter: Important Things You Should Know

Trademarks are one of the most efficient ways to build up and safeguard your brand’s reputation. As the Registered Trademarks enable consumers to determine the origin or source of products and services, they can also help you in expanding business by prohibiting the competitors from making profits on your name. Although trademarks provide clear directions that no one except the original owner of the mark can use it, Trademark Infringement is still a severe matter and needs to be addressed on the spot. Here, you will get information regarding the cease and desist letter, which may aid you to prevent others from using or cloning your trademark without paying unnecessary charges related to legitimate actions.

Cease and Desist Letter

A cease and desist letter in case of trademark infringement is a legal document issued by the original owner of the mark to a party infringing upon his/ her federally registered trademark. The letter asks the offending party to not just cease the act of violating the owner’s Intellectual Property (IP) but also compensate damages that took place due to the infringement. On determining that someone is infringing on your trademark, you can choose any of the two options; either try to resolve the matter outside the court by writing and sending a cease and desist letter or proceed directly by filing a trademark infringement lawsuit. Typically, sending a cease and desist letter to the infringer is the first step that many people put to end the infringement without including extra expense and time associated with going to court or taking other legitimate measures.

Another noticeable fact is that this letter isn’t limited to help you only if someone violates your trademark; instead, it is also helpful in cases like copyright or Patent Infringement.

Cease and Desist Letters Aren’t Legally Binding

As these letters only describe the ideas and requests of the sender, usually a trademark attorney or IP lawyer representing the trademark’s owner, they aren’t legally binding. Moreover, they don’t even provide indications regarding the court action, which could be the next step if the offending party neglects to respond to the sender as he/she expected.

Procedure to Write and Send Cease and Desist Letter In a Trademark Infringement Matter

To write a cease and desist letter, one needs to follow the following steps:

Determine the infringement: Firstly, check if someone is infringing your trademark or it is any other IP that he/she is using to make profits on your name. Trademark infringement takes place when the offender is advertising or selling his/ her products or services by using the same or similar name your products or services are having.

Do Searches: Collect more details about both – infringement and infringer. Make attempts and understand the offender’s intention, i.e., whether he/she is involved in the case accidentally or intentionally.

Consult to An IP Attorney: Though you can write and send the cease and desist letter yourself, yet proceeding under the supervision of an experienced attorney will be in your best interest. An adept lawyer can assist you in listing all the facts, demands, and claims in the letter clearly and understandably.      

Note that by creating and sending a precise cease and desist letter, you can:

• Evade expensive legal actions
• Set an example for future enforcement
• Preserve your Intellectual Property Rights (IPRs)

Indeed this letter can be written and sent at any time but doing so as soon as you notice infringement would provide the best outcomes. It will not just prohibit the offender from continuing the unlawful act of infringement but also help you in enforcing your ownership rights. Nonetheless, to make the offender respond as you want by reinforcing your part, it is imperative to familiarize him/ her with all the details of your trademark. Your brand’s name or logo, the date on which you filed a Trademark Application, the day when you determined that someone is unlawfully cloning or using your registered trademark are some vital details you need to include in the letter. Including all the evidence reflecting infringement can strengthen your case. Ultimately, don’t forget to incorporate the section showcasing what the infringer can or should do to resolve the conflict.

Conclusion:

Hopefully, you have got a clear insight into the fact that cease and desist letter is one of the best ways to prohibit the offending party from continuing to make profits on your name without getting involved in legal actions. So if any individual or company is using your trademark without seeking your consent, the matter needs to be resolved by sending a polite letter. While a stern demand with a deadline to cease copying or using your mark can be useful, a formal letter can also result in a favorable resolution of the infringement concern. Now, after going through this article, you can undoubtedly write a cease and desist letter on your own, but doing so with the help of either any IP attorney or Trademark Law Firm is still advisable. Experienced IP lawyers and Intellectual Property Law Firms have a deep understanding and knowledge of these areas and can benefit you with a more compelling case on your side. ✅ For View Source: https://bit.ly/36tsk5i

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