Tuesday, 28 April 2020

CoronavirusOutbreak - How the Tech Giants are Easing Patents for a Greater Cause


patent applications


The tech giants, most of the time, do every possible thing they can to keep their fundamental and crucial innovations under their purview. The most obvious way for them to do the same is via filing Patent Applications. Many of the widely-known tech companies out there file for thousands of patents every year. For instance, in 2019, IBM received a total of 9,262 patents and topped the business technology companies’ list of the most frequent patent recipients for the 27th year in a row. Moreover, companies, including Microsoft and Intel, are never far behind in this scenario as well.
IBM’s chief patent counsel, Manny Schecter, said in an article in 2018 that patents and the corresponding inventions are sometimes used as a currency for innovation. While keeping all such aspects in mind, something far away from the norms has to happen for the patent status quo to be disrupted, which, at present, is the ongoing COVID-19 pandemic.

The Open COVID Pledge
At the beginning of this month, all the tech giants mentioned above, along with HP Enterprise, Amazon, Facebook, and many others, joined a new initiative known as the Open COVID Pledge. To the specific, the tech companies are proactively setting aside the digital norms for allowing other companies out there to use their Intellectual Property (IP) temporarily and free of charge in efforts to combat the novel Coronavirus. In particular, the Open COVID Pledge is indeed like a superset of open-source licensing and Creative Commons for undoubtedly a difficult situation.
The best thing about this pledge is that all these tech companies, along with a couple of patent holders and laboratories, love their patents, and yet, they are willing to see the utmost importance of the better cause. The Chief IP Counsel at HP Enterprise, Brett Alten, wrote last week in a blog post that patents provide a competitive edge by granting the respective owners the exclusive right to prevent others from exploiting their unique innovations and inventions; however, in tough situations like the ongoing COVID-19 pandemic, cooperation holds more importance than the competition in all aspects.
The most engaging part is that the initiative or pledge came to life as a consequence of several academic and legal experts realizing a need, steering it, and then building something exceedingly robust for the tech giants to reply upon conveniently. As a part of the steering community, the General Counsel and Corporate Secretary for Creative Commons, Diane Peters, wrote in the blog post last week that the initiative came together very quickly due to the exigent circumstances. She further noted that Creative Commons is now looking forward to working efficiently with various policy experts and talented international legal professionals on the subsequent steps to make the Open COVID Pledge an impactful and fruitful reality.
According to some experts, there are a few complicating factors involved as well to make the pledge work since it deals with patents. The most critical aspect lies in the fact that some of the tech companies taking part in the initiative are not using the license created for the pledge specifically, and instead, using a separate license in the spirit of the Open COVID Pledge, which includes companies like Intel and IBM.
Nonetheless, it is undoubtedly incredible to come up with such an accomplishment in a short span. At the moment where so much is in the air, and a lot of technological innovation is the need of the hour, the Open COVID Pledge can provide ways to determine effective treatments and cures for the deadly Coronavirus.

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Thursday, 23 April 2020

Commvault Sues Cohesity And Rubrik Alleging Patent Infringement


Patent Infringement

Commvault (a publicly-traded data management and data protection software company headquartered in New York) has quite recently filed Patent Infringement lawsuits against Rubrik (a California-based cloud data management company) and Cohesity (a privately held IT company headquartered in San Jose, California) in federal court in Delaware. Commvault has stated that the companies have altogether infringed upon its seven patents, which correspond to a plethora of widely used data management technologies such as data deduplication, cloud, security, snapshots, virtualization, and search. To be specific, Commvault has claimed that both Cohesity and Rubrik have appropriated its patented technologies to short-circuit their development processes and reduce the investment needed, corresponding to building competitive products.
The Vice President and Chief Intellectual Property (IP) Counsel at Commvault, Marcus Muller, has said that the lawsuits hold the responsibility of safeguarding a company’s employees and investors, and also bring about fairness when it comes to competing in the global market. He further mentioned that for over two decades now, Commvault has been successfully delivering solutions to its customers and has become the pioneer in this space. By investing even more than $1 billion in its innovations and inventions, Commvault, at present, owns 900 patents across the globe and over 350 pending patents.
Commvault’s General Counsel, Warren Mondschein, mentioned in a recent statement that Commvault is not at all a litigious company; however when companies like Cohesity and Rubrik commit willful patent infringement, then it is the company’s responsibility to file such lawsuits and take a stand for the protection of its innovations and IP assets.
Lynn Lucas, the Chief Marketing Officer at Cohesity, has said that it is not unusual for legacy vendors to come forward and disrupt the market by filing frivolous lawsuits in an attempt to suppress sales and innovation. Coming to this matter, he stated that Cohesity came to know about the patent infringement lawsuit, not by Commvault’s representatives but through the media. He believes that there is no merit to the lawsuit filed as it is only an attempt to slow down Cohesity’s rapid growth and obstruct its accelerating success.
In an unattributed statement, Rubrik only stated that it doesn’t comment on any pending litigation.
When Commvault was asked why it is filing patent infringement lawsuits against Rubrik and Cohesity corresponding to widely implemented storage software capabilities such as cloud, search, virtualization, to name a few, Muller said the company is not claiming on all the aspects in these technologies and is looking at specific patents. He further declined to speculate about whether the company would file similar lawsuits against other such competitors in the market or not.
Commvault, Cohesity, and Rubrik compete vigorously for data protection and management business in the market. On the one hand, Commvault is a long-established vendor, while Cohesity and Rubrik, on the other hand, are well-funded and rapidly emerging new companies on the block. For view source: https://www.trademarkmaldives.com/blog/commvault-sues-cohesity-and-rubrik-alleging-patent-infringement/


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Thursday, 16 April 2020

Unfolding The Hand-In-Hand Relationship Between Blockchain And IP


patent applications

The to-the-point definition of the term blockchain defines it as an anonymous online ledger that efficiently keeps a growing list of records, known as blocks, which are, in turn, linked using cryptography, where every single block contains a cryptographic hash of the previous block, transaction data, and a timestamp. As a Peer-to-Peer Electronic Cash System, blockchain was invented by an inventor with the pseudonym Satoshi Nakamoto back in 2008. The blockchain technology is a concept that is too simple on the one hand and much complex on the other. It is exceedingly diverse in all of its uses. Many experts across the globe believe that the blockchain phenomenon is quite similar to the revolution brought by the Internet and the online world. When it comes to the industrial application of blockchain technology - Finance is undoubtedly one of the leading areas where it is traversing its roots.
The early birds that filed a patent on the blockchain include some of the widely known financial institutions such as Goldman Sachs, Mastercard International, and Bank of America. In India as well, people have filed a few Patent Applications on the blockchain technology. Other than blockchain, shared economy, smart contracts, file storage, governance, identity management, Internet of Things (IoT), stock trading, data management, e-commerce, healthcare, life sciences, pharmaceuticals, luxury and consumer goods, and automotive, are some of the fields in which technology is gaining immense pace and momentum.
It is a matter of fact that yes - Intellectual Property Rights (IPRs) and the blockchain technology go hand-in-hand. On one side, IPRs protect blockchain, and blockchain, on the other side, can efficiently serve to strengthen the already existing Intellectual Property (IP) regime. Without any doubt, the world, at present, is realizing the enormous potential that blockchain holds, and IPRs are indeed going to play an integral role in coming up with a protected environment for the development of the technology. While taking into account the other side's aspect, we can observe that the security and reliability offered by blockchain can very well strengthen every phase of the lifecycle of the IPRs including creating licensing agreements, resolving disputes over ownership, identifying counterfeit products, or creating an IP register to keep a record for all forms of IPRs.

Initiatives Taken by the Indian Patent Office
Many nations across the globe have started realizing the true potential of blockchain technology, and India is no exception in this case. The Indian Patent Office (IPO) is doing its best to stay at par with the technological advancements. It expects to be able to predict the timelines for users corresponding to the different actions to be taken by the office.  A scientifically-handled workload-based allocation of patent applications to the examiners shall result in making optimal use of human resources available.  Automated checking against all the formal requirements, including attachments, application formats, amongst many others, can speed up the entire process by reducing the manual intervention required.  With reduced manual intervention, there shall also be an impact on the accountability and transparency procedures in an optimistic way. For achieving all the above measures, the IPO is efficiently establishing a legal framework for a blockchain-based IP registry to commercialize ideas and further protect them.

Final Thoughts
The use of blockchain technology for the benefit of the IP industry is indeed significant. However, like other emerging technologies, blockchain technology has a few setbacks as well. At present, such setbacks include the need for massive processing power and restrictions on the number of transactions per hour. The reality is far away from simple when it comes to the ultimate notion of a method for connecting the IP registries around the world via a single distributed ledger. Remember, successful and proactive management of IPRs using blockchain requires having a standardized platform that is adopted internationally. For view source: https://www.trademarkmaldives.com/blog/unfolding-the-hand-in-hand-relationship-between-blockchain-and-ip/


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Wednesday, 15 April 2020

Music Companies Including Universal Threaten To Sue TikTok Over Copyright Infringement


copyright infringement

The to-the-point definition of the term blockchain defines it as an anonymous online ledger that efficiently keeps a growing list of records, known as blocks, which are, in turn, linked using cryptography, where every single block contains a cryptographic hash of the previous block, transaction data, and a timestamp. As a Peer-to-Peer Electronic Cash System, blockchain was invented by an inventor with the pseudonym Satoshi Nakamoto back in 2008. The blockchain technology is a concept that is too simple on the one hand and much complex on the other. It is exceedingly diverse in all of its uses. Many experts across the globe believe that the blockchain phenomenon is quite similar to the revolution brought by the Internet and the online world. When it comes to the industrial application of blockchain technology - Finance is undoubtedly one of the leading areas where it is traversing its roots.
The early birds that filed a patent on the blockchain include some of the widely known financial institutions such as Goldman Sachs, Mastercard International, and Bank of America. In India as well, people have filed a few Patent Applications on the blockchain technology. Other than blockchain, shared economy, smart contracts, file storage, governance, identity management, Internet of Things (IoT), stock trading, data management, e-commerce, healthcare, life sciences, pharmaceuticals, luxury and consumer goods, and automotive, are some of the fields in which technology is gaining immense pace and momentum.
It is a matter of fact that yes - Intellectual Property Rights (IPRs) and the blockchain technology go hand-in-hand. On one side, IPRs protect blockchain, and blockchain, on the other side, can efficiently serve to strengthen the already existing Intellectual Property (IP) regime. Without any doubt, the world, at present, is realizing the enormous potential that blockchain holds, and IPRs are indeed going to play an integral role in coming up with a protected environment for the development of the technology. While taking into account the other side's aspect, we can observe that the security and reliability offered by blockchain can very well strengthen every phase of the lifecycle of the IPRs including creating licensing agreements, resolving disputes over ownership, identifying counterfeit products, or creating an IP register to keep a record for all forms of IPRs.

Initiatives Taken by the Indian Patent Office
Many nations across the globe have started realizing the true potential of blockchain technology, and India is no exception in this case. The Indian Patent Office (IPO) is doing its best to stay at par with the technological advancements. It expects to be able to predict the timelines for users corresponding to the different actions to be taken by the office.  A scientifically-handled workload-based allocation of patent applications to the examiners shall result in making optimal use of human resources available.  Automated checking against all the formal requirements, including attachments, application formats, amongst many others, can speed up the entire process by reducing the manual intervention required.  With reduced manual intervention, there shall also be an impact on the accountability and transparency procedures in an optimistic way. For achieving all the above measures, the IPO is efficiently establishing a legal framework for a blockchain-based IP registry to commercialize ideas and further protect them.

Final Thoughts
The use of blockchain technology for the benefit of the IP industry is indeed significant. However, like other emerging technologies, blockchain technology has a few setbacks as well. At present, such setbacks include the need for massive processing power and restrictions on the number of transactions per hour. The reality is far away from simple when it comes to the ultimate notion of a method for connecting the IP registries around the world via a single distributed ledger. Remember, successful and proactive management of IPRs using blockchain requires having a standardized platform that is adopted internationally. For more visit: https://www.trademarkmaldives.com

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Thursday, 2 April 2020

Solaria Corp Sues Canadian Solar Inc Alleging Patent Infringement


Patent Infringement

A US-based solar technology company, Solaria Corporation, that specializes in designing, developing, and manufacturing crystalline solar modules has quite recently filed a Patent Infringement lawsuit against Canadian Solar Inc., (a publicly-traded company specializing in manufacturing solar PV modules and running large scale solar projects) in Federal District Court for the Northern District of California.
The lawsuit has claimed that with operations primarily in China and elsewhere in Asia, Canadian Solar has infringed upon Solaria’s US patent. The patent covers a process corresponding to separating the photovoltaic (PV) strips from the solar cells for use in tiled or the widely-known shingled solar modules, which are way more efficient than the conventional solar modules and have higher power as well. Solaria has further asserted in its lawsuit that it had first introduced its high-efficiency, high-density module technology to Canadian Solar in 2014. At that time, the representatives of Canadian Solar had analyzed Solaria's next-generation shingling technology for a potential licensing contract. After the subsequent collaborations between both the companies over the ensuing year, in which Solaria has disclosed its business strategies and proprietary technology to Canadian Solar under a non-disclosure agreement, there wasn't any licensing deal made in the end.
In a quite apparent reference to Solaria's proprietary HDM technology, Canadian Solar came up with its "HiDM" shingled modules in 2019 and started marketing and selling them in the US. Solaria has stated in its complaint filed that Canadian Solar's HiDM shingled modules infringe its patent, for which, it is now looking forward to seeking injunctive relief and damages. 
Suvi Sharma, the CEO at Solaria Corporation, has said that the company has invested even more than $200 million over the last decade in developing its technology for creating the most advanced solar panels across the globe. He further mentioned that if foreign companies like Canadian Solar ignore the value of American patents and violate Solaria's core Intellectual Property (IP), the company would always take action to enforce and protect the technology that required so much investment and effort to develop.
Solaria Corp has indicated that it may bring some additional claims, including a claim for misappropriation of trade secrets and additional patent infringement claims, if warranted.
With a strong track record and a 20-year history in product development and solar power innovation, Solaria Corp has been efficiently delivering solutions that address a unique set of requirements for commercial and residential solar markets. For more visit: https://www.trademarkmaldives.com


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Thursday, 19 March 2020

Effective Ways of Avoiding Copyright Issues in Music Production


copyright registration

Without any second thoughts, getting into the music industry can nowadays prove to be quite brutal. Initially, you don’t think much about it by enjoying the phase and experiencing your dream job. You spend your time recording, producing, selling music, and getting paid for the same as well. However, after some time, you get to see the ugly face and harsh reality of the music industry, which indeed has cutthroat competition and a lot of mean people looking forward to claiming that you stole their tunes. Copyright Infringement lawsuits, in the present fast-paced society, are something that most of the music producers are accustomed to dealing with, but that doesn’t make them any uncomplicated to handle. Therefore, it is always highly advisable to avoid such complications as much as possible and as soon as possible. Let us now make ourselves familiar with how you can do the same proactively.
1.     Get all the Necessary Permissions
While being in the music industry, if you are looking forward to using the creative work of another person, then the first and foremost thing you need to do is get all the necessary permissions. It is a matter of fact that yes – the music industry is vast with a lot of artists and producers. At times you may think that you will not get caught; however, there’s no way out, and you will eventually end up getting caught, mostly in cases if you sell your music recordings. You might wake up one morning and see yourself hit by a copyright infringement lawsuit only because you didn’t receive permission from the concerned parties in the matter. Furthermore, the same applies to dead artists too. A lot of people across the globe are of the view that if a music artist is no more, then his or her creative works are open for use, which is undoubtedly far away from the truth.
The reality is that the families of the music artists who are no more and other concerned parties can still make a lot of money from royalties. Also, just because the artists are dead doesn’t mean their works are available for free. Therefore, make sure you have yourself covered in all aspects corresponding to having all the necessary permissions.
2.     Don’t Swindle the Music Tunes
There are indeed some music producers and artists who swindle the tunes from others and claim it as their own, which is a clear cut way of getting hit with a copyright infringement lawsuit. Without any doubt, you can go ahead with getting ideas from other music artists; however, you can’t take their music straight away and use it directly. There are various platforms on the Internet today that offer royalty-free sounds, loops, and sample packs to music producers. You can effectively make the most out of such opportunities by acquiring everything from the rightful owners and consequently avoid all copyright-related issues in the long run.
3.     Get in touch with a Specialized Copyright Attorney
If you wish to use a specific part of another person’s music, then it is always a brilliant idea to seek legal advice and assistance first. Copyright Laws are comprehensive with plenty of intricate details that you will miss if you begin understanding them yourself. So, get in touch with a specialized Copyright Attorney and understand whether what you are doing is legal or not. Also, under copyright laws and regulations, using some part of a music tune or song for non-commercial purposes doesn’t necessarily make it ‘fair use.’ Fair use doesn’t hold the need to seek permission from the copyright owner. However, there is a need to ensure that your case is under fair use, which again takes us to the utmost importance of consulting with experienced attorneys first.
4.     Have an Understanding about Copyrights
The copyright laws may prove to be too technical and complicated for you to understand, but you can focus on understanding the term copyright in general. When we come to the music industry, there are various misconceptions and misunderstandings related to copyright and related terms. Hence, it is imperative to know about the right things and avoid all unexpected damages. For instance, in the music industry, copyright laws not only extend to music but also the lyrics, which is something not many people know. If you use a paragraph from a poem or a book, the descendants of the writer might sue you alleging copyright infringement and demand some money if you had neglected to ask for permission. Even uploading a track (not for commercial purposes) with copyright infringement on your social media accounts like Facebook and Instagram may bring in trouble. You need to keep in mind all such details for avoiding copyright-related issues. It is highly advisable to prepare yourself for every possibility, understand the term copyright thoroughly, and know what you are allowed to do. For more visit: https://www.trademarkmaldives.com


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Wednesday, 18 March 2020

USTR Retains India On The Priority Watch List

intellectual property right protection

The United States Trade Representative (USTR), yearly conducts the Special 301 Report, a result of an annual review of the state of IP protection and enforcement in US trading partners around the world. This list includes the Priority watch list countries identified as having several serious Intellectual Property Rights inadequacies that need an increased USTR supervision. Due to India’s insufficient measurable improvements on the Intellectual Property Rights framework, it once again became a victim of the Priority Watch list for the 27th year in a row. Along with India, USTR has identified 11 countries in its Priority Watch List including China, Indonesia, Russia, etc. In the recent Special 301 Report issued by the USTR, the US termed India as “one of the world’s most challenging major economies” corresponding to the management, protection and enforcement of intellectual property.
Although India has taken several steps in the past to discuss the problems of enforcement of the IP rights, many of the actions have not yet converted into tangible advantages for the creators, and, it is a matter of fact that, yes, India has definitely dismissed the observations in the Special 301 report over the years admitting it as a unilateral report of the US since India was completely amenable with multi lateral IP directives.
In this report, the US accused India of having major long-hauling IP decisions making it difficult for the applicants to receive and perpetuate patents in their respective businesses, specifically for pharmaceuticals. The report even claimed that both India and China were the leading sources of the spurious medicines distributed globally. Although the exact figures remain undisclosed, studies suggest that up to 20% of the drugs sold in the Indian markets are forged and could pose a serious threat to life. The USTR also declared that India maintained exceptionally high custom duties towards IP intensive products such as pharmaceuticals, medical devices, solar energy equipment, to name a few, in spite of India’s repeated premises of restraining IP laws to increase the access to the growing trend in technologies.
At the same time, the report also noted the progress made by India in the last one year by appreciating India’s Cell for Intellectual Property Rights Promotion and Management (CIPAM) efforts to unravel processes, encourage commercialization, and increase IP awareness.
In a nutshell, the USTR wants the governments of the countries included in the Priority Watch list to support the IP systems by making sure to use obligatory licenses only when the circumstances are extremely unlikely and after putting in all the efforts required to procure authorization from the patent owner using rational terms and conditions. The US will continue to look at developments as required with the trading partners including India. For more visit: https://www.trademarkmaldives.com

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