Title Image

Intellectual Property

How is IP making headway in 2022 | #WorldIPDay | Phoenix Legal | LawWiser

#WorldIntellectualPropertyDay2022 is observed on April 26 every year to create awareness about how patents, copyrights, trademarks, designs and geographical indications impact everyone. And also to celebrate innovation and creativity contributed by various creators and innovators.

On the occasion of World Intellectual Property Day (April 26), #LawWiser brings to you an interesting conversation on ‘How is IP making a headway in 2022?’ with Neha Naik, Associate Partner, Phoenix Legal.

Watch our host Sania Husaini discuss with Neha

⭐️ The recent trends in IP, catching up with new age tech- NFTs, Metaverse and AI

⭐️ Are IP laws in India ready to embrace the new age techs?

⭐️ What are the developments in IP on the non-digital space?

For all and this much more watch the full feature on LawWiser now!

#intellectualpropertylaw #iplaw #wipo #intellectualpropertyrights #iplawyer #legalknowledge #lawupdates

0

Music Industry & Copyright Law in India | #QuickBytes

Do you remember some of your favorite iconic songs being recreated now and witness them in the form of the latest trends and remixes? But have you ever wondered whether this is a violation of copyright law or not?

Watch our latest video on ‘Music Industry and Copyright Law in India’ where Avani Shukla from LawWiser talks about the role of copyright in musical works with relevant sections, its ownership, and the registration process involved.

She further explains protection provided to owners in the recreation of songs and the duration of copyright in musical work.

Visit LawWiser.com for more legal videos.

0

Geographical Indications – Understand the Basics | #InConversation

We often hear products like Belgian Chocolates, Nagpur Oranges, Kolhapuri Chappals, etc.

But do you wonder why they are named in a certain way representing a particular geographical area?

Watch our Latest video on ‘Geographical Indications- Understanding the Basics’ where Sania Husaini and Avani Shukla help us understand the basics of what is Geographical Indication

They talk about the rights and products that come under it.

They further explain how geographical indications can be protected and their validity.

1

Biotechnology and Patents |Biotech Patent| #QuickBytes

Patent applications in biotechnology are growing more than ever! Biotechnology involves technical applications of different kinds of biological processes in microorganisms, animals, and plants which can be harnessed for several useful applications. Due to the pandemic, the patent applications in biotechnology have increased by 6.3% and are still on the rise. In this video, Avani Shukla of LawWiser talks about when does a biotechnological invention can get patented and what are the exceptions. She takes us through the Legislative framework and policies for the protection of biotechnology and further discusses the need to balance out ethical and legal issues related to it.

Biotechnology is simply a technology based on biology. It uses cellular and biomolecular processes to create technologies and products that help us live better lives and improve the health of our planet. For almost 6,000 years, we’ve relied on the biological processes of microorganisms to create valuable food products like bread and cheese, as well as to preserve dairy products.

 

Biotechnology and Patents

 

In 1856, India passed the Patent Act. Since then, it has been amended multiple times, the most recent being in 1970, when it was updated to meet international patentability standards for novelty, inventive step, and industrial applicability. However, there was nothing particular about biotechnology creation and protection in this iteration. At the same time, as the number of biotech inventions and patent applications increased in the US and EU, the need for a modification to the Indian Patent Act to allow for biotech patentability grew louder in India. In 2002, an amendment was made to include biochemical, biotechnological, and microbiological processes in the scope of potentially patentable processes.

 

Biotechnology and Patents in India

 

Biotechnology inventions are given patents in India if they meet the patent eligibility criteria of novelty, inventive step, and industrial applicability. Biotechnology inventions are a broad field of biology that uses living organisms and systems to create or develop products, as well as any other technological application that uses living organisms, biological systems, or derivatives thereof to modify or create products or processes for specific uses.

Biotechnology and patents in India are currently booming, as seen by the data.

India, which is ranked third in the Asia Pacific, is one of the top 12 biotechnology destinations in the world. 1 By 2025, the biotech business in India is expected to be worth $100 billion. 2 Because the biotechnology business relies largely on research and development, it is critical for biotech companies to grasp the legal protections available to safeguard their ideas through patent rights.

Types of Biotechnology Patents

 

In most every field of research, there are two basic types of Biotechnology patents:

  • Product patents.
  • Process patents.

This holds true for biotechnology as well. An inventor can patent a product or a new procedure that they have developed. Because of the nature of biotechnology, there are some limitations on what can be patented and what cannot. To put it another way, inventions are patentable, but discoveries aren’t.

Biotechnology discoveries are natural items or processes that are basically held by nature, hence they cannot be “owned” by a single individual through a patent. However, if you develop a product or technique that involves the utilisation of natural, living objects, you should consider filing a patent for it. When trying to patent a biotechnology invention, this can lead to some complex situations.

 

Conclusion

Biotechnology and patents in India have significantly grown as shown by the data itself. However, some inflexible laws have to be constructed to potentially grow in this industry.

 

To get featured in our videos, mail – [email protected]

More more interesting content visit – Lawwiser.com

0

The Issue of Anti-Suit Injunction & Anti-Enforcement Injunction

Tune in now to watch LawWiser video on Anti-suit Injunction and Anti-enforcement Injunction with our Consulting Editor Sania Husaini and Zafar Khurshid, Senior Partner, TKC Partners. In this video, we try to explore and understand these not so commonly used concepts.

The Delhi High Court in the case of Interdigital Technology Corporation vs. Xiaomi Corporation & Ors granted an anti-enforcement injunction. It is a one-of-a-kind case where it was held that a foreign court cannot restrain a party from pursuing their cause before Indian Court when Indian jurisdiction is the only competent forum to adjudicate the claim.

The issue started with the case that was filed for alleged use of technology without due authorisation. It was claimed by the claimant that they grant licenses at rates as per FRAND rates (fair, reasonable and non-discriminatory). In this case, injunctions were sought only if the defendants haven’t acquired licenses at FRAND rates.

The Delhi High Court has dealt with this case in detail and several factors were considered while deciding the case.

In this video, we explore and understand – the background and facts of this case – the concept of anti-suit injunction and anti-enforcement injunction – factors considered by the High Court – what precedent do this case set and the way ahead.

To get featured in more such conversations, write us on [email protected]

0

Intellectual Property Infringement

Intellectual Property is the product of a person’s intellect that gives exclusive rights to its creator. With the growth of the Internet and digitalization, Intellectual Property infringement and theft have emerged as major issues globally.

Intellectual Property infringement for an instance generally refers to unauthorized use or violation of Intellectual Property rights like patents, trademarks, copyright, industrial designs, etc.

Watch this interesting conversation featuring Sanjit Kaur Batra, Regional Legal Director – Greater Asia International Flavors & Fragrances. focusing on factors leading to its increase, and recent trends around the globe.

Similarly, she helps us understand the difference between IP theft and infringement.

In addition, She also recommends a few suggestions and strategies for resolving the issue of IP infringement.

Introduction

Intellectual Property is the product of a person’s intellect that gives exclusive rights to:-

-Its creator, with the growth of the Internet and digitalization.

Basic Insights

Intellectual Property Law in India has a diverse environment. There are five types of Intellectual Property Rights, namely, express and implied rights, natural rights, copyrights, and patents.

There are many categories in India, such as Industrial Plantations, Designs, Works of Creativity, Patents, and Trademarks.

The Intellectual Property Office of India (IPOI) is the chief officer for protecting all types of Intellectual Property Rights across the country.

IP Infringement and IP Theft

Like most other countries, Intellectual Property Law in India is primarily concerned with economic development and the economy’s growth.

As the world is digitizable various cases are witness able in the area of IP infringement and IP theft.

With this, there have been efforts to improve the conditions of the rural people and provide basic education to them.

However, these efforts are not always successful, as:-

-The cases of piracy, copyright-related infringement, and intellectual property infringement often remain very high.

Intellectual Property infringement and IP theft have emerged as major issues globally.

Firstly, it is very important to know the difference between Intellectual Property Infringement and Intellectual Property Theft.

IP infringement is infringing someone’s rights in IP, whereas IP theft is:-

-A criminal offense related to the theft of trade secrets and trademark violations.

It is where the services of Indian researchers and investigators come in.

Intellectual Property Experts from India protect the intellectual property rights of Indian citizens and promote economic growth in the country.

There are many instances where the rights of the Indian citizens are massively viola table by-

-The public, and the producers and innovators had to bear the penalty.

The worst part about this is that the rights were violated in bad faith and without a valid reason.

More on IP Infringement

Intellectual Property infringement generally refers to unauthorized use or violation of Intellectual Property rights like patents, trademarks, copyright, industrial designs, etc.

There is a special provision for civil suits by the victims of IP infringement. If you are an infringer or victim of IP theft, you have a right to file a complaint in a court of law.

For Indian citizens, certain rules and regulations followable before engaging any specialized firms to-

– Fight Intellectual Property Infringement and provide the necessary safety and security.

First of all, you have to file a complaint against the Indian manufacturer responsible for producing, importing, offering, or selling items that have been affectable by the illegal transfer of technology.

Many IP attorneys in India assist their clients in the form of civil suits and other legal remedies.

In any case, it is always better to rely on a reputed attorney who has a proven track record in fighting cases of IP infringement in India.

Many persons feel that the use of traditional shawls is a safe way to fight against IP theft.

For an instance, the question that always comes to the minds of the victims is, “are the shawls traditional?

If we consider that the production process involves using modern machinery and machines like sewing machines, the answer is definitely “no.”

Many persons feel that there is no need to resort to these traditional tools to protect themselves from the wrath of the offending party.

This very important debate is being fought vigorously across the country.

Conclusion

As a solution to resolve the issues about IP infringement, the government of India has come up with various initiatives to educate different firms to resolve this issue of IP infringement.

As the solutions offered by the government, it is always recommendable that you file for your IP protection.

To get yourself feature in more such conversations, write us on [email protected]

Explore more such interesting topics at Lawwiser

0

Role of Innovation & Intellectual Property Rights in Mitigating Climate Change

In this video Avani Shukla of #LawWiser takes you through climate change challenges and how proper innovation, technology and intellectual property rights can help us in providing practical solutions related to mitigating climate change.

We will also see how patents can provide better incentives for development of green technology.

To get featured in more such conversations, write us on [email protected]

0

QuickBytes – Concept of Fair Dealing Under Copyright Act, 1957

Did you know that the Doctrine of Fair Dealing although mentioned under Section 52 of the Copyright Act, 1957 it has not been defined anywhere?

In this episode, featuring Anshul Bazari of lawWiser, we talk about this concept. We cover topics such as the general definition, when the doctrine is applicable, and the factors on which the doctrine depends.

To get featured in more such conversations, write us on [email protected]

0

In Conversation – COVID Vaccine and Issue of Licensing

Today our country is facing challenges for availability and accessibility of the Covid vaccine. Since the Covid vaccine has been developed many are advocating for easing of #IP rights to overcome these challenges. In this video, Lawwiser discusses Covid Vaccine and the Issue of Compulsory Licensing with Rajeshwari Hariharan, Managing Partner, Rajeshwari, and Associate.

She explains what is compulsory licensing, the process, and whether competition law can be availed for its issuance during prevailing circumstances.

To get featured in more such conversations, write us on [email protected]

0

Intellectual Properties And Its Importance For Startups

Intellectual Property has always been the most crucial and important point of discussion for every Startup. IP Protection is equally important like protecting yourself from any dispute.

LawWiser brings you a Conversation between:

  1. Mahavir Pratap Sharma, Chairman – TiE,
  2. Siddharth Mahajan, Partner – Athena Legal,

In the series – “How To Think Future” (Part 2).

In this conversation you will understand the importance of Intellectual Property and its importance for the startup ecosystem.

To get featured in more such conversations, write us on [email protected]

0
Call Now ButtonCall us now!