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Intellectual Property News and Analysis – Intellepedia

New Computer Related Inventions Guidelines

Featured image reads Patents, as the post is about patent infringement. To read the post click here.

  The Indian Patent Office, after extensive consultative process, has issued an Order by which Chapter 08.03.05.10 of the Manual of Patent Office Practice and Procedure (MPPP), containing provisions pertaining to section 3(k) of the Patents Act, 1970, will stand deleted and replaced by the provisions of the new Guidelines, for examination of Computer Related Inventions (CRIs), with immediate effect.   The Guidelines, while outlining the legal provisions related to CRIs, extensively demonstrates what ‘Patentable Subject Matter’ means and what parameters are used by the Office to determine applicability of said subject matter. It goes on to define several terms that have not...

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Importance of IP For Start-ups and Entrepreneurs (Part VII): Raising Funds from VCs and Investors in India

Start-up

The post below has been  previously published on 9th December, 2014. Besides minor dated references, the post gives a basic understanding of how start-ups can raise funds and get investments from venture capitals and other investors, through their intellectual assets.

Funding activities during the last quarter, especially when it comes to start ups, was great! Apart from the US$ 1 Billion Fundraising by Flipkart, India saw several start ups being funded at various levels. A Report indicates 93 deals and a total funding of INR 97,738 Million. With the Flipkart deal, e-commerce businesses lead the pack in percentage of start ups funded based on sector.

With respect to start up activities in the country, a 2014 NASSCOM Report rated India as the fastest growing start up ecosystem and the third largest in the world. This report estimates that India has around 3,100 start ups, and that 800 of them are being set up every year. By 2020, it estimates that India’s start up size will be around 11, 500.

Importance of IP For Start-ups and Entrepreneurs (Part VI): IP Risks

Start-up

  More often than not, start-ups focus on protecting their intellectual property, but ignore risks from intellectual property of third parties. IP of third parties may kill a business if appropriate risk clearance measures are not taken at the right time. While protecting IP is very important for start-ups and entrepreneurs, avoiding or mitigating risks from IP of third parties is even more important.   A start-up company must take necessary steps to avoid the risk of infringing IP of third parties. Avoiding or mitigating risks is some times more important than protecting a start-up company’s intellectual assets because one instance of infringement...

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Intellectual Property (IP) in India: A Decade of Progress Part 10

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

The post below highlights the achievements of the Traditional Knowledge Digital Library or TKDL in the previous decade. 20 years ago, two patents pushed the Indian government into a full panic mode. These two patents were none other than the infamous Turmeric and Neem patents. In 1995, Suman K. Das and Hari Har P. Cohly were granted a US patent on ‘Use of Turmeric in Wound Healing’, and in the same year, WR Grace was granted a patent for neem-based bio pesticides. This forced the Indian government to pursue a decade long legal battle which it finally won. The entire episode acted...

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Importance of IP For Start-ups and Entrepreneurs (Part V): Copyrights

Start-up

  Copyright protects ideas expressed on a tangible form. The expression may be in the form of literary work like website content, brochure content etc, photographic work such as pictures used on website, brochures, etc, artistic work like layout of website, drawings, etc, cinematographic work such as promotional videos, support videos, etc, and so on. Protection of copyrights provides several business and competitive advantages to startups and entrepreneurs. A startup company must protect its marketing materials, documents, websites and so on under the copyright law. Copyright protection over a work starts from the date of creation of the work and registration is...

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Clash of the Titans: Tata Indigo vs. Indigo Airlines, the trademark saga continues

Airplane

Recently the Times of India reported that IndiGo Airlines, one of the premier airline companies operating from India, with more than 100 flights daily, had landed in a trademark dispute with Tata Motors, another automobile giant and proprietors of the car TATA INDIGO.  It is interesting to note that although Inter Globe (Prorpietors of IndiGo Airlines) and Tata Motors have been disputing for the past ten years, before the Indian Trademark Office, the news of the existence of such a dispute has suddenly popped up in the media right before the airlines plans to try its luck at  Dalal Street. Intrigued by this...

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IP, Patents for Start-ups and Entrepreneurs IV – Trade Secrets and Confidential Information

Confidential Information is any information that has business or economic value because it is not known to others, and for which, appropriate measures are taken to protect secrecy. It can be any sort of information that fits into the said requirements. Business information, financial information, technical information, scientific information, plans, methods, client lists, designs, and any other such information that has economic value is protectable as confidential information, or trade secret. Protection of trade secrets and confidential information of a start-up company is very important but is generally neglected. More often than not, entrepreneurs take decisions or make disclosures based on...

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India Claims Patents

  Council of Scientific and Industrial Research (CSIR) armed with the Traditional Knowledge Digital Library (TKDL) appears to be on a rampage like an unstoppable juggernaut, successfully foiling bid after bid, made by companies seeking to patent traditional knowledge. Few weeks ago, the media was abuzz with news that CSIR had successfully foiled a bid by Colgate-Palmolive to patent a Mouthwash formula containing “nutmeg”. This successful thwarting of the patent was soon followed by another victory when India foiled UK's Bid to patent the “Use of Turmeric for Treating Hair Loss”. The back to back victory has added another feather to...

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IP, Patents for Start-ups and Entrepreneurs III – Patents

Start-up

For a technology driven start-up or entrepreneur, patents form the most important intellectual assets. They provide the necessary exclusivity, and competitive advantage to start, build and grow the business. Patents are also considered as important assets by venture capitalists and investors before making investment decisions. So, every technology driven start-up must ensure that its technologies/inventions are properly protected under the patent regime. Once a decision on patent protection is made, the start-up company must file a patent application as soon as possible. Depending on the status of the invention and financial resources, the company may file a provisional or a complete...

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