Sunday, September 26, 2010

GILex (Geographical Indication Law India): GI Protection Granted to Famous Indian Namkeen Bikaneri Bhujia

TrademarkLex (Trademark Law India): Registration for Arabic domains in Saudi to begin this week

Thursday, September 23, 2010

USPTO Launches Ways to Incentivize Humanitarian Technologies

New initiative encourages businesses to develop and disseminate
technologies that address humanitarian needs

Washington – Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) David Kappos announced today that the USPTO is seeking public comments on proposals to incentivize the creation and wider distribution of technologies that address humanitarian needs. Under a proposed pilot program, patent holders who make their technology available for humanitarian purposes would be eligible for a voucher entitling them to an accelerated re-examination of a patent.

Among the technologies which address humanitarian needs that would be eligible for the program are treatments for tropical diseases, diagnostic medical tools, crops with higher yields or better nutritional value, and treatments for sanitation or clean water. Participants could qualify for the proposed pilot in two ways: by making their patented technologies available to impoverished populations for humanitarian use, or by making their patented technologies available to researchers who are developing technologies that address humanitarian needs.

Under the proposed pilot program, patent holders who disseminate their patented technologies for humanitarian purposes would qualify for a fast-track ex parte re-examination voucher. Because patents under re-examination are often among the most commercially valuable patents, fast-track re-examination of a patent allows a patent owner to affirm the validity of his or her patent more quickly and less expensively. This voucher could then be used on any patent owned by the patent holder or transferred on the open market.

“A voucher for fast-track re-examination of a patent is a valuable incentive for entities to distribute humanitarian technologies through licensing or other means,” Kappos said. “Our hope is that this new program will incentivize innovators to develop technologies that will benefit those in need.”

The program seeks to increase the diffusion of technologies that address humanitarian needs through market forces. Existing technologies often do not reach impoverished populations. The humanitarian fast-track voucher provides patent holders with a significant incentive to distribute their technology more widely to such groups. It also creates an incentive to provide patented technologies for humanitarian research, which in turn may spur the development of new technologies to address humanitarian needs.

The USPTO seeks cooperation with industry, government, the humanitarian aid community, academic researchers, and the public to create a successful program. This is the first step in a broader effort to develop business-friendly strategies that encourage inventions to address humanitarian needs.

Further information about the proposed fast-track ex parte re-examination voucher pilot program can be found in the Federal Register notice at: http://edocket.access.gpo.gov/2010/pdf/2010-23395.pdf

Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.

Wednesday, September 1, 2010

Commercialization of IP In Indian Universities

Image via Wikipedia

India govt. spends crores of Rupees on research funding each year and the government has been increasingly focused on how best to commercialize the results. While there are several possible approaches to doing this, the government and some universities have been focused on building patent and IP portfolios as part of a conventional commercialization strategy. The alternative could be an open access approach - encourage (or require) much of the intellectual property to be made broadly available under open licences so that multiple organizations could add value and find ways to commercialize. The universities might generate less income but would better justify the public investment in research by providing the engine for larger economic benefits.

Which approach is better? The full commercialization approach has been tried in the U.S. with legislation known as Bayh-Dole and studies (here and here) have found that patents to universities have increased, but the increase has beenaccompanied by harm to the public domain of science and relatively small gains in income.

The Indian govt. similarly places its faith in commercialization through IP Chair, portfolios and licencing, but the results are not very encouraging. While few would suggest that there is no value in the IP commercialization strategy for universities - there is surely a role for it - the emphasis on this approach as the optimal method of benefiting from crores in public funding for research has consistently failed. Rather, an effective commercialization strategy might recognize that the commercialization is better suited outside the university with funded research the engine for new innovation that is openly available to entrepreneurs without licencing barriers. The public pays for the basic research and might ultimately enjoy far more benefits than the current break-even approach by having more open access to research results.

Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.

Thursday, August 5, 2010

JobLex: Intellectual Property Lawyer Jobs India Mumbai-Pangea3 Legal Database Systems

Thursday, July 15, 2010

ConferenceLex (Call for Papers): ITAG Workshop on IPR

Monday, July 12, 2010

2010 The Indian Law Institute (ILI) Admission to Online Courses in Cyber Laws and Intellectual Property Rights and Information Technology

Name of Institute / University

The Indian Law Institute

Courses Offered

Applications are invited for admission to the following online certificate courses:-

1. Cyber Laws (This course will cover the fundamentals of Cyber Law and Cyber World, Regulatory Framework, Cyber Crimes and E- Commerce)

2. Intellectual Property Rights and Information Technology in the Internet Age (This course covers the basic laws of Patents, Copyright, Trademarks and Management in IPRs)

Duration: 3 (Three) Months Commencing from 16th August, 2010

Eligibility

Anyone who is pursuing / has pursued diploma or degree after 10+2 and has access to Computer and Internet can apply.

How To Apply

Fee : Rs. 4,000/- (Four Thousand only) ;
100 US$ (for foreign students)

Application Form can be downloaded from the ILI's website. For further details see the website of the Institute http://www.ilidelhi.org

Contact Details

Address: Bhagwndas Road, New Delhi – 110 001
Tel: 011 – 23073295, 23389849
Website: www.ilidelhi.org
Email: e_ipr@ilidelhi.org

Last date for receipt of form

10 August 2010

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Friday, July 9, 2010

Federal Court of Appeal Rules ISPs Not Broadcasters

The Federal Court of Appeal in Canada held that Internet service providers can not be considered broadcasters within the context of the Broadcasting Act of Canada. The case on the point is the outcome of last year's CRTC New Media decision. In the said decision many cultural groups called by the Commission to establish an ISP levy to fund Canadian content. The ISPs argued that such a levy was illegal since they fell under the Telecommunications Act, not the Broadcasting Act. The cultural groups argued that ISPs should be considered broadcasters in the case of the transmission of video programs. The CRTC punted the issue to the Federal Court of Appeal.

The Federal Court of Appeal sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting. So long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation. The case is a huge win for the ISPs and - subject to an appeal to the Supreme Court of Canada or a legislative change - puts an end to the ISP levy proposal. The case is also noteworthy from a net neutrality perspective, since the court emphasized that ISPs fall outside the Broadcasting Act so long as they remain content-neutral.

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Thursday, July 8, 2010

Copyright in cyberspace

A short film included on many DVDs equates cop...

Image via Wikipedia

Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
Protection of copyright in cyberspace is a great challenge before the law enforcement agencies.Due to fast growth of internet and file sharing sharing by the internet users on different networking sites it is a great challenge to stop copyright violations. Software industry and music companies are loosing Billion Dollars every year due to software piracy and music piracy.Bollywood the indian film industry loosing billion Dollars every year due to music piracy in the western world and gulf countries and also in some parts of Asea and in India.We have to find out proper laws as well as technology which can properly not only control but also stop these piracies.

Amendment in Trade Mark Law in India

India has introduced amendments to the Indian Trade Mark Rules, effective from May 20, 2010.

The amendments are as follows:

1. Class 42 has been amended to include the following services:

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.

2. The following additional classes related to services have been included:

Class 43: Services for providing food and drink; temporary accommodation
Class 44: Medical services, veterinary services; hygienic and beauty care for human beings or animals; agriculture; horticulture and forestry services.
Class 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

India has a different category of trademark applications than that in common international usage (Madrid, Nice and Paris protocols) and as such specific Indian knowledge needs to be obtained when dealing with marks in India.

Wednesday, July 7, 2010

CMCC Speaks Out Against C-32 Digital Lock Provisions

The Canadian Music Creators Coalition, which features some of Canada's best known musicians, has criticized Bill C-32, noting how digital locks trump new consumer rights found in the bill.

JobLex: IP Prosecution Attorney (Washington, DC)

Tuesday, July 6, 2010

ICC and INTA Oppose De Minimis Provision in ACTA

The International Trademark Association (INTA) and International Chamber of Commerce have issued a notice on ACTA urging countries to drop the de minimis provision that is designed to allay fears of iPod searching border guards. The two associations argue that the exception "sends the wrong message to consumers."

For Further details click here

Saturday, July 3, 2010

Meet in to Discuss Copyright in the Internet Economy by Public and Private Sector Leaders in USA

On Thursday, 1st July, 2010, U.S. Commerce Secretary Gary Locke gathered with leaders from the public and private sectors to discuss the relationship between copyright policy, creativity and innovation in the Internet economy as part of a symposium co-hosted by the Commerce Department's United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA) at the Ronald Reagan Building and International Trade Center.

The day-long symposium included discussion of online copyright policy in the United States, specifically the impact of current copyright laws, existing and emerging techniques used to illegally distribute and obtain protected works, the extent and economic impact of infringement, and the role of emerging business models for legitimate distribution of content. During the symposium, it was announced that the Department of Commerce will issue a Notice of Inquiry (NOI) this month seeking public comment on the effectiveness of copyright law, and ultimately will issue a report which will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection.

"The United States simply must get back to cultivating industries and lines of scientific discovery that provide long-term benefits to society and spur sustainable innovation," said Secretary Locke. "We have to find the sweet spot on Internet policy—one that ensures the Internet remains an engine of creativity and innovation, and a place that discourages piracy of copyrighted works."

In addition to Secretary Locke, featured speakers included U.S. Intellectual Property Enforcement Coordinator Victoria Espinel, Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos, Assistant Secretary of Commerce for Communications and Information Lawrence E. Strickling and other senior Obama Administration officials. The conference also included five panel discussions with participants representing the views of different stakeholders.

The Department of Commerce has assembled an Internet Policy Task Force whose mission is to identify leading public policy and operational challenges in the Internet environment. Recognizing the vital importance of both intellectual property rights and the Internet to U.S. creativity and innovation, the Department has made it a top priority to ensure that both remain a vehicle for these important purposes.

This effort is to that end. The Task Force is conducting similar reviews of cybersecurity, the global free flow of information goods and services, and information privacy.

Additional information on the symposium is available on the Internet Policy Task Force Web siteand the USPTO's Web site.

Source: http://www.ipwatchdog.com 3^rd July 2010

JobLex: AmLaw 100 Law Firm Looking for IP Attorney, Biotech, Prep & Pros, North Carolina

Thursday, July 1, 2010

New Trademark Rules in China is Effective from Today, July 1, 2010

We would like to draw you attention that the Chinese Trademark Office (CTMO) has recently published new requirements on various application formalities to be filed with the CTMO, including new applications, oppositions, cancellations, assignments, recordals etc. which will take effect as of 1 July 2010 (the "Requirements"). Non-compliance of these new requirements will result in automatic rejection of the applications.
We list some of the significant new requirements of the new rules as follows:
1. Documents required:

a) Signature/Seal on various forms:

One of the most important changes is that applicant must sign and/or affix the company seal on the application forms for the above matters before submitting the applications to the CTMO. Therefore, it is important that you timely provide us with the information and documents required for filing any applications with the CTMO. Such a requirement applies to the detailed grounds of oppositions to be filed within three months after the short holdings of oppositions as well.

Though such a requirement was strongly objected by many agents in a meeting held on June 25, the new rules will be strictly executed.

Note: The signature or seal on the application forms must be the same as on the Power of Attorney

b) Identification of the applicant

If the applicant is a company or other kind of entities: A copy of document proving the legal entity of the applicant must be provided e.g. Certificate of Incorporation or Business License.
If the applicant is an Individual, a copy of his/her ID card or passport is required, and his/her ID or passport number will be filled in the application form.

c) Power of Attorney

A copy of an executed Power of Attorney is required (remain unchanged).

Note: All the above documents must be printed on A4 size paper.

2. Information Required:

a) Applicant's Name

The name of the applicant must be consistent with the one shown on the documents proving the applicant's identity and on the company seal.

b) Applicant's Address

The address of the applicant must be consistent with the one shown on the documents proving legal entity of the applicant.

3. Minor Changes:

a) Type or Print: All information must be typed up or printed, and all the forms must be consistent with those set out by the CTMO.

b) Nationality of the Applicant: It must be filled in accordance with the document proving the identification of the applicant.

c) Description of the mark: The meaning of the words in the mark shall be provided (including foreign language in stylized form, language of minority group, words of special font, description of 3D/ coloured mark, disclaimer of certain parts of the mark and any other things that the applicant needs to clarify.
d) For Joint Applicants: The names of the other applicants must be stated on the annexure provided to the application form with each of the applicant sealing their company seal next to their respective names.
e) Evidence in Opposition: Please note that for evidence in foreign languages, their respective Chinese translations must be provided.

Wednesday, June 30, 2010

Opposition to grant of GI to Nashik Grapes, Surat Zari Craft, Cheriyal Paintings and Pembarthi Metal Craft is now open

Journal No.35 dated 4th June 2010 has been published by Geographical Indications Registry and invited oppositions for the same. The Journal carries information of the Geographical Indication and its technical and historical details. Anyone interested in opposition shall send a notice of opposition within three months or within such further period not exceeding one month in the aggregate from the date when such Journal was made available to the public. There are totally 206 Products are recognized by Geographical Indications registry and registered them as Geographical Indications. The Journal carries the following four products 1.Nashik Grapes 2. Surat Zari Craft 3. Cheriyal Paintings and 4.PEMBARTHI METAL CRAFT

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Tuesday, June 29, 2010

ConferenceLex (Call for Papers): CII & APTDC, National Conference on Building Next Practices of IP Management

The Bilski Case is Finally Decided

The court held that the Bilski's application was not statutory subject matter:

Petitioners' remaining claims are broad examples of how hedging can be used in commodities and energy markets. Flook established that limiting an abstract idea to one field of use or adding token post solution components did not make the concept patentable. That is exactly what the remaining claims in petitioners' application do. These claims attempt to patent the use of the abstract idea of hedging risk in the energy market and then instruct the use of well-known random analysis techniques to help establish some of the inputs into the equation. Indeed, these claims add even less to the underlying abstract principle than the invention in Flook did, for the Flook invention was at least directed to the narrower domain of signaling dangers in operating a catalytic converter.

* * *
Today, the Court once again declines to impose limitations on the Patent Act that are inconsistent with the Act's text. The patent application here can be rejected under our precedents on the unpatentability of abstract ideas. The Court, therefore, need not define further what constitutes a patentable "process," beyond pointing to the definition of that term provided in §100(b) and looking to the guideposts in Benson, Flook, and Diehr.

And nothing in today's opinion should be read as endorsing interpretations of §101 that the Court of Appeals for the Federal Circuit has used in the past. See, e.g., State Street, 149 F. 3d, at 1373; AT&T Corp., 172 F. 3d, at 1357. It may be that the Court of Appeals thought it needed to make the machine-or-transformation test exclusive precisely because its case law had not adequately identified less extreme means of restricting business method patents, including (but not limited to) application of our opinions in Benson, Flook, and Diehr. In disapproving an exclusive machine-or-transformation test, we by no means foreclose the Federal Circuit's development of other limiting criteria that further the purposes of the Patent Act and are not inconsistent with its text.

The judgment of the Court of Appeals is affirmed.

Source: The 271 Patent Blog By Peter Zura

For a copy of the opinion, click here (link)

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Monday, June 28, 2010

Launch of WIPO-Gold- an IP Research Portal

World Intellectual Property Organization (WIPO), Geneva has launched a IP Resource Portal named 'WIPO-Gold' focusing on providing online IP information tool, which can be helpful to access broad collection of IP data relating to technology, brands, designs, statistics, WIPO standards, IP classification systems and IP laws and treaties. The Portal is very useful since it provides treaties administered by WIPO, its regulations and also the contracting members list, which comes very handy in various situations. Along with it it also provides for Statistical publication of Patents, trademarks, designs, plant varities, microorganisms, etc.

A specific section has been dedicated to WIPO UDRP Panel Decisions, which houses full text search of WIPO Decisions on Domain Names.

In the website, Director General Francis Gurry said "The launch of WIPO GOLD is a significant step towards fulfilling one of the Organization's strategic goals – that of serving as a world reference source for IP information and analysis". The WIPO GOLD portal is a rich, dynamic and evolving information tool that will continue to be expanded and improved over time," he added.

To visit WIPO Gold, please visit : http://www.wipo.int/wipogold/en/

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281