Thursday, 26 December 2019

Why Cost Barriers To Copyright Access And Use Need To Go?


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Copyright, nowadays, appears as the foundation for much of what goes into the knowledge economy. It is not just a way to protect unique creative works from being infringed but also a source of income for a wide range of creative workers. Some writers, composers, etc., get copyright income directly. Nonetheless, others earn by joining a creative network, including publishers, record labels, distribution companies, and others. Being a part of such an ecosystem, they make money by licensing rights under Copyright Law.
But, the fact is that if legal rights can’t be enforced, they don’t help the owner much. In documents, it appears as if the owners of a copyrighted work possess a solid set of rights. However, the reality is a bit different. The copyright, indeed, cost too much to enforce. It is common, and thus, the governments and Intellectual Property Law (IP Law) administrators should recognize that the law needs updating.
They should consider that although copyright assets don’t lead to as many problems as other products do, reinforcing this area, i.e., the knowledge economy is somewhere tied to economic success.
Because of mounting up things like legal advice costs, court fees, IP Attorneys‘ hourly charges, copyright litigation can be very expensive. And then the more threatening concern is the risks of having to pay to other parties if you lose. Take an example of a writer who finds that a large amount of his work has been violated. A report made in 2019 stated that the writers, on average, earn 31 percent of their annual income through writing. For most, if not all writers, enforcing their copyrights in cases where their work has been infringed upon will be prohibitive. The same also applies to small businesses and many others.
Sometimes, the only option writers and small businesses have is to put up with Copyright Infringement, in addition to the possible loss of income.
Another case to consider is that people often want to use material sheltered under Copyright Registration Protection but are not familiar with the way to go about clearing rights. The Copyright Act undoubtedly has many defenses and exceptions regarding this matter, but they may be arduous to comprehend. Many times, it is unclear whether the proposed use of copyright-protected material is lawful or not. Indeed, this is a common issue for cultural institutions such as galleries and museums.
Copyright owners often grant permission or give license but, if they don’t, then there can be a legal deadlock. One option that may be helpful in such cases is to knock the Court’s doors. But again, costs act as a barrier and prevent the public from getting the benefits of creative work or activity. IP Lawyers in Maldives and almost every nation call this an “access to justice” issue.
This concern, which is not just a copyright issue, impacts the IP industry in several countries of the world.
Although including some glitches, copyrights are still leading to the emergence of innovative solutions worldwide. Hence, to make the world enjoy continuous and better new creations, it is vital to turn all this good work into a meaningful and useful asset. For this, the government and authorities taking care of Copyright Law in Maldives and outside need to ensure that the rights can be utilized by the creative workers, cultural institutions, small businesses, and all for whom these matters. They should also make sure that the costs do not create barriers in the process of accessing copyright justice.
Almost everyone agrees that copyright law needs to be turned fit for purpose in the modern digital economy. Therefore, many IP experts have already started working on this subject matter and finding ways to improve the Copyright Acts of different nations. For more visit: https://www.trademarkmaldives.com

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Baidu Files Patent Application For ML-Based Audio Synthesis Ownership


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By catching the attention and likes of Tencent and Huawei, Baidu has topped as the leading artificial intelligence (AI) Patent Application leader. Apart from this, Baidu (with 1,237 patent applications) is also leading in the highly competitive area of intelligent driving, as many reports stated.
Victor Liang, Vice President & General Counsel Executive Assistant to CEO at Baidu, said that they retained the top position for AI-related patent applications in China because of their:
  • Constant investment and research in developing AI
  • Strategic focus on patents
After years of research and development, Baidu has now developed a comprehensive AI ecosystem, and therefore, is at the leading spot of the AI industry worldwide.

Patents focused and filed by Baidu encompass a wide range of domains, including:
  • Deep learning (1,429 patents)
  • Speech recognition (933 patents)
  • NLP – Natural Language Processing (938 patents)
While Baidu acquired top position in China, its R&D center located in the US had filed patent applications in the US patent office also.
In this patent US20190355347A1, which is for a computer-implemented method to train a neural network model for spectrogram inversion with the title – Spectrogram to waveform synthesis using convolutional networks, Baidu lists the following points:
  • Inputting an input spectrogram, including many frequency channels into a CNN (convolution neural network).
  • Outputting a synthesized waveform from CNN for the input spectrogram, which has a corresponding ground truth waveform.
  • Using the synthesized waveform, the corresponding ground truth waveform, and the loss function, consisting of at least one or more loss components opted from convergence loss spectral.
  • Using the loss to update the CNN.
  • A clear mention of using the CNNs (convolutional neural networks).
As CNN is the lifeblood of several contemporary ML-based applications, any claim, even on a small part, can create damages in the long run.
The current year has witnessed a sudden and rapid growth of interest in owning algorithms and deep learning. So, even if the plans are to protect the researches from falling prey to pseudo players, this trial appears as a slippery slope where owners of big businesses can leverage the smaller companies that are using advanced technology.
In Baidu’s case, too, there lie risks of losing ownership to various audio processing applications. Contributed to the increasing fear among the ML community, Baidu is a Chinese company. The Artificial Intelligence (AI) vision of this company was fortified with projects such as Apollo, which is an open-source independent driving platform together with many other intelligent driving innovations.
China has allegedly been found involved in Intellectual Property (IP) thefts, especially from US companies. Hence, when Baidu’s foreign division files a patent application, one cannot assist but think about the consequences of handing the ownership to China that continued to be the world’s leading source of fake goods, exhibiting its failure to take crucial action to restrain the widespread manufacture, sale, and export of bogus goods. For more visit: https://www.trademarkmaldives.com


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Wednesday, 25 December 2019

All About The Trademark Registration In Maldives


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A trademark is a type of Intellectual Property (IP), which includes a logo, brand name, or sign that can distinguish your products and services from those of others. Hence, Trademark Registration in Maldives or at any place is one of the best and legal ways to restrict others from using your unique mark. For instance, the logo of NIKE and its tagline JUST DO IT are registered trademarks, and therefore, cannot be used by any unauthorized user. In other words, no one can use this logo or tagline without the consent of the original owner.
Registered Trademark can benefit the owner in several ways. For example, it reduces the chances of theft and misuse of original assets, creates the brand reputation and goodwill among the targeted customers, etc. So, we can say that trademarking your logo, sign, or name is an excellent means to enjoy remarkable advantages like:
  • Robust Trademark Registration Protection that keeps your assets secured against infringement
  • Better sales of your products and services by creating goodwill among consumers.
In view of the above merits, it is always recommended (even by the experienced IP Attorneys) to go for trademark registration as soon as you could. Nonetheless, trademark laws are country-specific, i.e., different nations have different laws. For instance, the Trademark Law of Maldives may not possesses the same rules as Trademark Law in India does. Hence, before proceeding to register a trademark, it is better to comprehend the law according to the country where you want to do so. Here, in this article, we will discuss the trademark registration in Maldives.
Indeed, there is no specific legislation that governs the Trademark Registration Process in Maldives. Here, the question arises – if there’s no specific law governing registered trademarks in Maldives, then how do people secure their trademark rights. And the answer is – the protection of trademarks in this country is obtained by the publication of the Cautionary notice in the newspaper in English or local language.
Trademark Registration Proceedings
As discussed above, the Trademark Protection in Maldives is acquired by publishing a cautionary notice in the leading newspaper. This notice can be published for multiple classes or a single class. The application can undoubtedly include products and services in any number of classes, but for each additional class, the applicant needs to pay additional charges. Power of Attorney isn’t required. The entire procedure to acquire trademark protection by using Cautionary Notice in Maldives may take around 2 to 4 weeks.
Although this procedure to obtain trademark protection doesn’t include filing, advertisement, and examination, the following information regarding the mark needs to be involved in the cautionary notice:
  • Name, status, address, and nationality of the proprietor
  • If the mark is a logo, then JPEG image of the same
  • Classes and specifications of relevant products & services.
Note that there is no limitation to the size of the cautionary notice.

Trademark Registration Duration and Renewal
Due to the lack of trademark law, the protection of trademarks in Maldives is obtained and used under common law, i.e., cautionary notice. Accordingly, there is no rule for the duration and renewal of trademarks. Nonetheless, the re-publication of the cautionary notice is recommended every two to three years.
Publishing a cautionary notice as per common law in Maldives is a way to make the public aware of the original owner’s ownership on the mark. Thus, the same can assuredly be brought to the Court in the case of Trademark Infringement. Hence, if you desire to enjoy the benefits of doing business in Maldives without any fear, cautionary notice is the safest and fruitful way. Be confident and go for this easy-to-get-protected option now. Nevertheless, if you face any difficulty or have any doubt, feel free to reach an experienced Trademark Attorney or Intellectual Property Law Firm in Maldives. These are the professional helping hands that will serve you with the best possible aid. Because of being familiar with almost everything to be used or avoid for ensuring robust trademark protection, they will keep you away from issues like the rejection of your request, infringement upon or violation of your mark, and many more. For more visit: https://www.trademarkmaldives.com

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Nokia Suspends Legal Action Against Daimler With Mediation Offer In Patent Row


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Nokia, the Finnish Multinational Telecommunications and Consumer Electronics Company, has recently suspended legal action against the German carmaker Daimler with the hope that mediation will bring their dispute over the technology licensing fee to an end. Nevertheless, Daimler responded to this decision by Nokia in a cool way and iterated that the two companies had different legal opinions on the conflict.
Nokia’s pursuit of charges from Daimler has highlighted the wider fight amid tech companies and the automotive industry over royalties for tools and technologies needed for vehicle communications, navigation systems, and self-driving cars.
Daimler, along with Continental AG, Valeo, Thales-owned Gemalto, and Bury Technologies, complained to the European Commission (this year, i.e., 2019) about the fees demanded by Nokia from them for patents associated with car communications.
In recent years when Nokia has inaugurated ten (10) court cases against Daimler over Patent Infringement, Daimler has also declared lawsuits against Nokia.
Nokia, on 9th December 2019, said that constructive negotiation was the most suitable way to resolve such battles, emphasizing last week’s offered mediation as an effort to evade an EU antitrust investigation.
Nokia spokesperson Mark Durrant said that to make sure there is time for this recent mediation to be successful, they have decided to postpone the pending Court hearing to be held on 10th December in Germany. They have a belief that Daimler and its suppliers will now join them in these significant efforts to reach settlements. There is a lot more to gain for each if all work together, he added.
Daimler reiterated its previous stance and declined to comment on this move of Nokia. The German company said that they have a completely different opinion on how to license necessary and vital patents for communications standards in the car industry. The Carmaker added that Nokia has so far denied licensing their suppliers on a comprehensive basis.
Nevertheless, Margrethe Vestager – EU antitrust chief – welcomed the mediation efforts by Nokia. She said that the decision to postpone Court hearing was a positive move. That’s why they think it is good to attempt mediation at the International Chamber of Commerce, and it would be best if the parties could have a mutual understanding, she told reporters.
Nokia has also proposed mediation on licensing fees with several car parts makers rather than only Daimler.
Carmakers argued that instead of them, the car parts makers should look at the licensing fees and that patent holders must be open to negotiating with the companies interested in purchasing or using their patents.
Sources revealed that EU competition enforcers had been poised to investigate into this matter until Nokia made mediation offer. For more visit: https://www.trademarkmaldives.com

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Amendments Made To Canadian Trademark Law On 17th June 2019


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Countries, no matter whether to strengthen the existing trademark protection or to include additional rules, often bring changes in their trademark laws. Almost all of us know how crucial role the trademark law plays in the protection of Intellectual Property (IP) assets. By providing relevant and robust trademark rights, it helps the owners in not just preventing unauthorized users from using their unique creation but also creating goodwill among customers. However, to obtain expected results, it is crucial to stay up-to-date with the reforms made in such laws and their corresponding rights. Here, in this article, you’ll be going to get updated with the recent changes in the Trademark Law of Canada.
1.     Availability of Madrid Applications
Canadian applicants from now would be able to file the Trademark Applications in over eighty (80) countries worldwide just through a single international filing. With this new opportunity, it will be easy for Canadian applicants to manage their international trademark portfolios.
Similarly, applicants from the Madrid Protocol nations will be able to designate Canada in not just their International Trademark Applications but also existing Madrid registrations. Moreover, the incoming protocol applications would charge similar to the national applications – as per the Canadian Intellectual Property Office (CIPO).
2.     Increase in Filing and Renewal Fees

Filing Fees
Previously, CIPO tends to charge a fee of $250 for filing a trademark application encompassing any number of classes of products and services, along with $200 as the trademark registration fee. Nevertheless, to apply for a trademark after June 17, the applicant has to pay the filing fee of 330 CAD for the first class of products or services, along with 100 CAD for each additional class of products or services. For all these applications, the trademark registration fee is eliminated.

Renewal Fees
The renewal fee has been increased to 400 CAD from 350 CAD for the first class of products and services with an additional 125 CAD charges for each new class of products and services.
3.     Declarations of Use Is No Longer Required
After 17th June, Declarations of Use is no longer required for Trademark Registration in Canada. Note that this change applies to not just applications filed after June 17 but also applications pending as of this date. It means that all the applications filed before June 17, 2019, can proceed to trademark registration in Canada (once the opposition period expires) simply with payment of registration fee, without filing the Declaration of Use.
4.     Information Regarding Use Is No Longer Needed
Applicants filed the trademark applications on or after 17th June need not indicate whether he/she has previously used the trademark in Canada or abroad. In other words, the applications filed on or after this date are applicable to get approved even if they do not tell whether the concerned applicant has registered and used the Trademark in Canada or foreign countries.
5.     Nice Classification Appears Mandatory
As per June 17th amendments, all the new applications must be filed with Nice classifications. Moreover, the pending applications that have not yet advertised for objection/opposition purposes must be classified. Note that for unclassified registrations, the CIPO will request the Nice classification upon renewal.
Although this requirement of the Nice classification is expected to bring Canada more in line with the international norms, it does not mean that CIPO will become lenient in its practice of reviewing goods and services descriptions. All the goods and services must still be adequately specified under stringent standards set by CIPO.
Are You Getting Ready for Trademark Registration under Amended Law?
In the days after the reforms came into force, you as an owner, who’s looking for trademark registration in Canada should emphasize taking immediate steps, based on appropriate and up-to-date information. It will help you in saving costs in processes like filing multi-class applications, renewing multi-class registrations, etc. Besides, you must also think about streamlining your portfolio management. You should focus on using the Madrid international filing system and filing applications for non-traditional and international trademarks. For more visit: https://www.trademarkmaldives.com

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Monday, 23 December 2019

How’s The Patent Application Process In India Affected By 2019’S Amendments?


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The Indian government, along with administrators and several Intellectual Property Law Firms in India, has recently taken a considerable step to motivate inventors to get involved in more and useful inventions. With this welcome move by the concerned authorities, the Patent Application Process in India has become not just cheaper but easier as well.

The Patent Amendment Rules 2019, which came into force on 17th September, reflect the below-given four major changes: 
1.     Submission of Original Documents Only Upon Request
Although the Indian Patent Office in 2016 had dismissed the requirement to provide hard copies of the patent forms and specification while applying for Patent Registration in India, certain documents were still needed to be submitted at the IPO in their original form. Some such documents include the Power of Authority, verified English translations of Priority and PCT documents, etc.
Under the unamended rules, the applicants need to submit the original documents at the IPO within 15 days from the day of their online submission. Nonetheless, as per the rules amended in 2019, the applicants no longer have to do so. They can file their duly authenticated documents only by electronic transmission. The exception where original documents are required to be submitted within fifteen (15) days of a request is if the IPO asks the applicant for the same.
2.     Women and Many Others Can Enjoy Expedited Examination
In 2016, the government added the Patent Application Process in India with the provision of expedited examination. Under the unamended rules, this provision had limited the number of applications to be examined within twelve months, i.e., the expedited period. Moreover, it was open for only two categories of applicants, including:
  • Start-ups,
  • Applicants who mention India as an International Searching Authority (ISA) or an International Preliminary Examining Authority (IPEA) in their applications

The amended rules concerning the provision of expedited examination have come up as a beneficial change for many other applicants, like:
  • Small entities
  • Female applicants
  • Government entities, such as:
  • Different government departments
  • Institutions wholly or largely financed by the government
  • Institutions established by the Central, Provincial, or State Act
  • Government companies as specified in Section 2(45) of the Companies Act, 2013
  • Applicants who are suitable to process patent applications compatible with agreements amid IPO and a foreign Patent Office.
3.     Form 28 Needs to be filed
As the amended rules say, the start-ups now have to submit documents supporting their start-up status along with Form 28, each time whether they file a request, form, or document at IPO. The filing of such documentary evidence claiming start-up status will prove helpful in ensuring that the applicant is eligible for claiming the suitable deduction in the fee.
4.     Zero (0) Transmittal Fee
As discussed above, the amended rules have made the Patent Application Process in India easier as well as cheaper. Under these rules, the previously applicable transmittal fee for PCT applications at the IPO through the e-filing module has been abandoned. Additionally, the applicants don’t have to pay fees for the certified copies of priority documents and their e-transmission by the WIPO Digital Access System (DAS). Even the costs for filing PCT and convention applications have been reduced.
Before 2019’s amendments, i.e., under unamended rules, the applicants were required to pay a transmittal fee of INR 3200 for start-ups, INR 8000 for small entities, and INR 16,000 for corporates. Furthermore, fees of INR 1000 for start-up, INR 2500 for small entities, and INR 5000 for corporates for receiving a certified copy of a priority document with around 30 pages were applicable under unamended rules.

Wrapping Up:
These recently amended rules will undoubtedly be going to increase the number of patent filings in India as they are providing opportunities to women, small entities, etc., in addition to those who are eligible to file patent applications and get Patent Registration in India before amendments. Moreover, these ensure easier and cheaper patent application process that ultimately buzz off the applicants’ hesitation, thus making them confident to file their applications without any worry. Hence, we can say that this welcome move by the government of India will benefit not only the people but also the nation. For more visit: https://www.trademarkmaldives.com

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CII Reports Intellectual Property Can Be Valuable Collateral For Financing

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The 5th edition of CII’s (Confederation of Indian Industry) flagship annual Intellectual Property (IP) conference focused on creating IP-led technology for a $5 trillion economy has recently released a report showing global examples to represent the virtues of using IP as collateral for financing.
Visualized by CII and co-created by Duff & Phelps, the report said that being the third-largest economy for start-ups in the IP industry, including technology and pharmaceuticals, India is standing at the verge of IP revolution. Although the government initiatives like the release of the National IPR Policy in 2016 to spur interest in Intellectual Property Rights (IPRs) commercialization have been institutionalized, India’s IP financing process is still quite slow.
What are the reasons for the slow pace of IP financing In India? As the report said, unwillingness to treat IP as a business asset, challenges in IP licensing, lack of uniformity in the valuation of IPs, insufficient market, and legal infrastructure to monetize IP assets are some of the main reasons for the slow pace of IP financing in the country.
What is IP-backed financing? IP-backed financing refers to the approach of using IP assets to achieve access to credit. Nowadays, more and more MNCs (Multinational Corporations) and SMEs (Small and Medium Sized Enterprises) are selling their IP assets in exchange for finance. Besides, lending institutions worldwide are considering IP as collateral while extending loans. In general, IP assets are used to secure asset-based loans. However, if collateralized, then they can be used to increase the available credit. Note that in the cases where borrowers guarantee their IP, no matter patents, trademarks, or copyright, as collateral, the collateral pool upsurges in value and potential for a successful loan. In simple words, with ideas and innovations emerging as the key driver of the businesses, financing base that supports the IP’s commercialization is remarkably crucial.
Mr.Arvind Thakur, Chairman, CII National Committee on Intellectual Property & Senior Advisor to the Board, NIIT Technologies, while commenting on the report, said that using IP as collateral will help the industries and banks to develop a good understanding of the subject matter and gain profits.
He continued by saying that according to CII’s belief, IPRs should be at the central stage for competing in the world of Artificial Intelligence (AI) in a meaningful way. Moreover, it is expected that this would open new scopes of financing in India.
Following Mr.Arvind, Aviral Jain, Managing Director Valuation Advisory Services and Co-Head, Restructuring, Duff & Phelps, said that the nation needs to have a mechanism for obtaining financial support and a robust marketplace. India can take lessons from IP friendly nations such as Korea and Singapore that have taken steps to create an IP financing ecosystem. The schemes introduced to flourish the IP sector in these countries benefit SMEs, Start-ups, and even lending institutions.

Other Key Findings of this Recently Launched Report Are As Follows:
  • When the regulatory environment is emerging globally, and initiatives to give impetus to IP-based financing are underway, economies like Singapore display a sophisticated regulatory environment and a robust infrastructure for IP financing.
  • Over the past five years, IP financing transactions in areas where IP is used as collateral have declined globally.
  • There’s an increase in global PE (private equity) funds that are not just investing in IP-based companies but also helping to protect IP in certain situations. For more visit: https://www.trademarkmaldives.com

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