SPJ Florida Pro Chapter Attempts to Trademark Trump's 'Fake News' Mantra

The Florida Pro Chapter of the Society of Professional Journalists (SPJ) has filed a Trademark Application for the term 'fake news' with the US Patent and Trademark Office (USPTO). The journalists want to take the trademark ownership of 'fake news' as President Donald Trump frequently uses the term to criticize the information he doesn't like and discredit the stories.

Emily Bloch, Florida Times-Union reporter, published an essay on 21st October 2019 in Teen Vogue (a former US print magazine and current online publication) announcing that members of her local SPJ have a pending trademark application with the USPTO. She also stated that President Trump's hefty use of the term 'fake news' threatens the livelihood of healthy discourse within a democracy.

Although the journalists group has realized that their trademark application shall probably not get approved on two words that have been a part of the media lexicon for quite a while now, the application process indeed gives them a reason to send cease and desist letters to anyone who takes liberties with the definition of the term 'fake news.' Moreover, they have already sent a cease and desist order to the commander-in-chief, whom they believe uses the term on an average of more than once per day.

The cease and desist letter to Trump reads in part, "Referring to factual stories that are critical of your administration as FAKE NEWS (TM pending) is indeed Trademark Infringement." The letter also mentioned that Trump's misuse of the term ‘fake news’ has created confusion in the minds of American people and has shaken their trust in journalism, which is undoubtedly vital to their democracy. Besides, the letter allegedly stated that if Trump fails to comply with their request, they may pursue legal action. At last, The Florida Pro Chapter of the Society of Professional Journalists explained to the president that the letter, which he or his staff was receiving shouldn't be taken too seriously, as it was just a satire that is way too different than what he refers to as 'fake news.'

According to Emily Bloch, she has been harassed, ridiculed, and threatened ever since she became a journalist in the year 2016. She blames President Trump's incendiary rhetoric for fueling antipathy toward reporters and journalists.

The Florida Pro Chapter of the Society of Professional Journalists hopes that their trademark application causes the American people to consider the downside of living in a society that isn't capable of differentiating between propaganda and information. They even created a video to introduce their applied-for trademark and launched a website called 'Fake News TM' that will help the public in knowing which stories are real and which ones are not.

Ref- https://www.kashishworld.com/blog/spj-florida-pro-chapter-attempts-to-trademark-trumps-fake-news-mantra/

Malaysian Entrepreneurs Will Soon Have Access To Worldwide Trademark Protection

As per the newly-amended Trade Marks Act 2019, Malaysian entrepreneurs who file their trademarks under the Intellectual Property Corporation of Malaysia (MyIPO) will soon have access to worldwide Trademark Protection. Datuk Seri Saifuddin Nasution Ismail, the Minister of Domestic Trade and Consumer Affairs, announced the news on 23rd October 2019 by stating that this step aims at safeguarding the local entrepreneurs' brands and companies from being imitated worldwide. He mentioned that Malaysia has indeed seen cases, where well-established local products were imitated since they weren't trademarked by the trademark holder, and implementing this Act will prevent the occurrence of similar cases. He further said that the new Trade Marks Act 2019 shall allow entrepreneurs to trademark both non-traditional and traditional marks.

The previous Trade Marks Act of 1976 allowed entrepreneurs to trademark only traditional marks, including brands, names, labels, tickets, words, sentences, logos, signatures, or a combination of these. However, under the new Act, entrepreneurs can now file a Trademark Application for a range of other different marks like motion marks, sounds, holograms, patterns, positions, smells, shapes of products, etc.

The new Act also follows the recently-adopted Madrid System Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol), adopted in Madrid on 27th June 1989. The Madrid System has Malaysia as its 106th member. Other ASEAN countries acceding to the protocol include Indonesia, Singapore, Vietnam, Thailand, the Philippines, Cambodia, Laos, and Brunei. The Madrid System allows these countries to safeguard their brand in 122 countries, including Australia, the United Kingdom, Brazil, and the United States of America. Trademark owners in Malaysia would need to file only a single trademark application with MyIPO to register or file their local brands in the countries, which are a part of the Madrid System.

The Madrid System is an international treaty which is administered by the International Bureau of WIPO (World Intellectual Property Office). It allows the owners to seek trademark protection in several countries simultaneously by filing a single trademark application with a single office, that too in just one language, and by paying the fee only once.

Malaysian entrepreneurs can register their brands as trademarks under the new Trade Marks Act 2019, starting from 27th December 2019. MyIPO expects to have somewhere around 4000 new Trademark Registrations coming in the month of December. Saifuddin has also urged the entrepreneurs to register their brands or companies under the new Act as it will benefit them in many aspects, including customer loyalty and brand sustainability. Furthermore, the Customs Department will also be given the due authority to block the entry of counterfeit goods and products under the names of local entrepreneurs and notify the concerned authorities of the matter.

The new Trade Marks Act 2019 has also laid down more severe punishments for the offenders and the ones getting involved in Intellectual Property Infringement. People getting involved in Trademark Infringement can be fined up to RM1 million, jailed for a maximum of five years, or probably both.

Ref- https://www.kashishworld.com/blog/malaysian-entrepreneurs-will-soon-have-access-to-worldwide-trademark-protection/

Artificial Intelligence and Copyrights

Artificial Intelligence (AI) has been continuously gaining widespread and intense momentum in today's ever-evolving tech-savvy world. With the incorporation of complicated technologies, the AI systems are capable of coming up with astounding inventions and innovations over a matter of time. AI systems can easily create complex works like art, poetry, to name a few, and perform calculations.  However, now the question is whether these works are also capable of getting Intellectual Property (IP) Protection under the Intellectual Property Law, just like any other invention or work produced by human beings or not.

UNDERSTANDING THE TERM ARTIFICIAL INTELLIGENCE

In simple words, Artificial Intelligence or AI refers to the ability of a computer system to make the decisions and do the required processing on its own. It is also defined as the task of processing or acting on information such that the results are synonymous with how an intelligent human being would have responded to in the same situation. After the introduction of AI technology, the question that now arises is whether the creation or output rendered by an AI system is a result of the system's intelligence or its creator. AI-enabled systems have now also gathered the attention of legal Intellectual Property (IP) authorities when computer work is at times denied copyright by the Registrar of Copyrights because of indeterminate legal status.

LINK BETWEEN AI AND COPYRIGHTS

A copyright is an exclusive legal right or an Intellectual Property Right (IPR) granted to the owner or the creator of original work for his unique creation. The subject-matter of copyright includes two things - the work should be original and in tangible form. Generally, copyrights are granted for literary and artistic works. As the creation of literary and artistic works is a contemporary area of the applications of AI systems, the concept of copyrights in the field of Artificial Intelligence is therefore relevant.

COPYRIGHT PROTECTION AND AI

Even after several judgments, the debate regarding the ambiguity of stance continues. The National Commission on New Technological Uses of Copyrighted Works has mentioned in its report that the capability of AI technology or systems to create practical work is theoretical and not practical. On the other hand, the Office of Technology Assessment has a different viewpoint and suggested that AI works can be treated as legitimate co-authors or co-creators of copyrighted works.
Even if the countries agree to grant copyrights to AI works, then there will be another point of discussion about who shall be the copyright owner. As of now, the current law requires a legal person to be the IP right holder. Another loophole is that, if AI systems are sold or purchased, then copyrights shall be granted to the buyer or shall remain with the creator. Many countries, including New Zealand and England, favor the creator in such circumstances. The critical issue in the present legal system is who would bear the criminal liability of AI works. As per the current law, criminal liability falls upon the creator or programmer. Hence the law requires some immediate consideration for removing the loopholes.

REMEDIES AND SUGGESTIONS

1. UNIFORM RECOGNITION - As AI systems have achieved recognition only in a few selected nations, including the US, England, and New Zealand, all other countries must come forward as well and take a positive initiative towards the recognition of such systems.
2. NO AMBIGUITY - With the advent of AI-enabled systems, the confusion regarding Copyright Laws must be removed by the legal authorities and departments as with widespread solutions rendered by AI technology, the protection of such works is now a critical question for every nation.
3. NEW LAW OR ACT - In the present era, AI systems are performing human-like functionality in almost every sphere of life. Therefore, the nations must come up with a new act or law for AI works, which shall further provide adequate remedies for both civil and criminal offenses and remove the unnecessary liability of the creator.

BOTTOM LINE
The current IP Law related to Artificial Intelligence is problematic since the recognition of work generated by AI-enabled systems in under ambiguity. Therefore, some well-defined and precise legislative rules and regulations are necessary to deal with the issue. With the widespread implementation and usage of AI techniques in our day-to-day lives, there is a need to implement proper guidelines regarding the registration and protection of AI works as IP urgently in every nation.

Ref- https://www.kashishworld.com/blog/artificial-intelligence-and-copyrights/

Kanye West's Trademark Application for 'Sunday Service' Denied

The US Patent and Trademark Office (USPTO) has recently denied Kanye West's Trademark Application for the phrase 'Sunday Service' for merchandise because someone else already got the phrase registered five years ago.  Kanye West's attempt to trademark the phrase made headlines this year in July. The phrase 'Sunday Service' is also the name of the gospel-inspired live performance series, which he brought to Coachella in April 2019. The rapper had filed the trademark application to use the phrase on apparel, including jackets, socks, footwear, shirts, dresses, hats, etc.

According to various reports, West has failed to trademark the phrase 'Sunday Service' as a person named Jeff Jonas, also widely known as DJ Escape, got the same phrase trademarked in 2014. Jeff had applied for Trademark Registration of 'Sunday Service' as it corresponds to conducting, organizing, arranging, and hosting events related to social entertainment, entertainment like live music at clubs or concerts, musical and artistic performances, organizing exhibitions for entertainment purposes, music tours, disc jockey performances, and dance parties and night clubs. As per Jeff's Facebook page, he runs a New York-based event series known as 'Sunday Service.'

The USPTO declined the trademark application by stating that the phrase would result in the likelihood of confusion as West's filing to trademark the same was also related to music. However, Kanye West can still submit more arguments and evidence within six months of the trademark application's denial to support his filing. In case he doesn't come forward to take any action, his trademark application shall be abandoned.

Till quite some time, West's Sunday Service events were not open to the general public and were attended by only his friends and celebrities, including Brad Pitt, DMX, Dave Chappelle, amongst many others. In the past month itself, West made his Sunday Service event a pop-up event open to fans in various cities, in a campaign to publicize and promote his brand new album titled 'Jesus is King.'

Ref- https://www.kashishworld.com/blog/kanye-wests-trademark-application-for-sunday-service-denied/

Trademarks in the World of Advertising

Whether you are planning to launch a marketing campaign or come up with new advertising, you are potentially opening yourself to trademark liability. In the present fast-paced economy and highly-competitive business world, business firms and companies are highly proactive of their unique creations and Intellectual Property (IP) and never hesitate to initiate legal proceedings against anyone who uses their registered words, symbols, logos, or slogans and infringes on their Registered Trademarks.

Nowadays, the stakes of spending an enormous amount of money on an advertising campaign and then receiving a 'cease and desist' order within a few days of launching it are way too high. Therefore, it has become essential to reduce the chances of receiving one of those dreaded legal letters and increasing your brand awareness by significantly analyzing and clearing your potential trademarks.

Without any doubt, there shall always be some risk involved in launching new advertising and marketing campaigns. Whether it relates to a wide-scale printing advertising campaign or a small-scale social media campaign, business companies and owners keep on monitoring each other for potential Trademark Infringement. The issue here is, even if your company or business isn't violating or infringing on some other company's Trademark Rights, just the mere expense of fighting a lawsuit can be more significant than the costs of scrapping the marketing or advertising campaign and starting fresh.
So let's make ourselves familiar with a few practices that companies can use to avoid the pitfalls in which they may fall while coming up with a brand new advertising campaign.

1- Make Sure to Analyze and Examine your Trademarks by Performing a Clearance Search

When you decide to launch a new marketing campaign, you must begin by analyzing what distinctive elements of your campaign potentially implicate the Trademark Law. Many people across the globe aren't aware of the fact that along with words and logos, even the sounds, colors, and movements can be registered as trademarks and obtain Trademark Protection if they are capable of uniquely identifying a single company or source. Besides, it is imperative to know that descriptive and generic phrases or words are least likely to obtain trademark protection, until and unless a company has spent a massive amount of time and money in associating all customer recognition to that one brand. For instance, the phrase 'American Airlines' is descriptive; however, there is only one American Airlines®. On the other hand, phrases or words that may require an additional step to connect with the products or services can be registered as trademarks, such as Mr. Clean, for cleaning solutions. After identifying the potential trademarks, you must look forward to performing a comprehensive Trademark Search to come across any company already using something identical for related products or services.

2- Always Review your Use of Someone Else's Intellectual Property

Comparative advertising is indeed a powerful and efficient tool for making your brand, product, or service stand out. There is an entire law surrounding the issue of fake advertising; however, under trademark law, it is necessary to be aware of the fact that you have certain strict limits concerning the use of someone else's trademark in your advertising campaign. The crucial factor here is whether your use of the trademark is likely to create confusion in the minds of the customers or not.  Additionally, you should also be very careful while using another person's images, artistic works, or drawings without their legal permission as such works are protected under Copyright Law.

3- Don't Forget to Monitor the Marketplace

Monitoring the marketplace yourself to ensure that nobody is improperly using your trademarks is of utmost importance. If another company's or individual's trademark is similar to your registered trademark, then your brand and business can suffer through irreparable harm and lose its strength. For instance, the same name for two different products, like 'Dove' chocolate and 'Dove' soap shall significantly reduce the distinctiveness for both the brands.
Ref- https://www.kashishworld.com/blog/trademarks-in-the-world-of-advertising/

Copyright Lawsuit – Paparazzi Photographer vs. Virgil Abloh’s Canary Yellow LLC

Jawad Elatab, a paparazzi photographer, has recently sued Virgil Abloh and his overarching company Canary Yellow LLC alleging Copyright Infringement. The designer had posted a picture on his Instagram Story of model Bella Hadid - toting a customized suitcase from Abloh's brand Off-White and Rimowa's collaboration - without any image rights or paying to license the photo from Jawad Elatab.

In his complaint filed, Elatab has claimed that Virgil Abloh and his corporate entity Canary Yellow LLC, have engaged in the reproduction and public display of the copyrighted picture of Bella Hadid, which he had clicked in March in New York. He further stated that he is the only sole owner of the copyright, title, and interest, in and to the photograph, and the designer had purposefully, intentionally, and willfully, not obtained the rights to the picture. Although fashion lifestyle magazines and daily newspapers like Vogue and Daily Mail respectively have licensed the image from Elatab, the same isn’t the case with Abloh, which has led to the claim of copyright infringement.

In such legal cases, a defendant is required to file a reply with the court within 21 days to avoid the claim and legal proceedings. The due date for this lawsuit was 21st September 2019, on which the defendant failed to plead or otherwise defend his action. Considering the lack of action in mind, Elatab, represented by attorney Richard P. Leibowitz, is now seeking a default judgment - which, if entered by the court - would enable him to win the lawsuit and collect monetary damages, attorney’s fees, and full costs - without having to prove his allegations.

Ref- https://www.kashishworld.com/blog/copyright-lawsuit-paparazzi-photographer-vs-virgil-ablohs-canary-yellow-llc/

Adidas Loses Trademark Infringement Lawsuit to Japanese Footwear Brand

Following a Trademark Infringement battle loss over its three-stripe logo just a few months ago to Shoe Branding Europe BVBA; Adidas has once again lost its rights to prevent others from registering 2-stripe trademarks, at least not in Japan. The Japan Patent Office (JPO; the national Intellectual Property (IP) body of Japan) has recently dismissed Adidas' attempt to invalidate Marubeni Footwear's Trademark Registration for a diagonal 2-stripe trademark.

Last year in April, Adidas went to the JPO for getting Marubeni's registration canceled claiming, that by registering the 2-stripe trademark, the Tokyo-based footwear brand wants to take advantage of its well-acclaimed and iconic 3-stripe registered trademarks. In its filing, the German sportswear giant also stated that Marubeni's 2-stripe trademark would give the buyers the same impression as to its 3-stripe trademarks since each stripe is in the same direction, and of the same shape and width, besides the stripe count difference. For the one stripe difference, Adidas argued by saying that it has been substantially using its famed 3-stripe mark since the early 1950s, that too, in various configurations, length, and colors, and an average customer would associate Marubeni's 2-stripe mark with its 3-stripes. Furthermore, Adidas also asserted that the space between the stripes of different colors in the 2-stripe mark could easily appear to be three stripes, which it fears the relevant customers would confuse for its shoes.

However, the JPO's Opposition Board felt differently in this matter and gave a judgment in favor of Marubeni by saying that although there is a high degree of popularity and reputation associated with Adidas' 3-stripe trademark, an average customer shall never mistake two stripes for three stripes while purchasing shoes. Coming to Adidas' argument of the use of two stripes with a contrasting space, which may appear to be three separate stripes, the Opposition Board was unconvinced and said that the mark has only two stripes and the issue of spacing is not relevant in this particular case.

Keeping everything in mind, the Opposition Board dismissed Adidas' Trademark Opposition proceedings and held that Marubeni's trademark registration would continue to remain valid.

Ref: https://www.kashishworld.com/blog/adidas-loses-trademark-infringement-lawsuit-to-japanese-footwear-brand/

Paparazzi Agency Sues Jennifer Lopez Alleging Copyright Infringement

Quite often, it is celebrities versus paparazzi in court. However, this time, some photo agencies are fighting back, and the latest star and celebrity sued for using a paparazzi photo, without the legal permission, happens to be none other than Jennifer Lopez. One of the leading paparazzi shops, Splash News and Picture Agency, has recently filed a lawsuit against Lopez in the US District Court for the Central District of California. The lawsuit accuses her of two claims of Copyright Infringement for posting a Splash picture of her holding hands with fiancé Alex Rodriguez while they were out for breakfast in New York in 2017 on her official Instagram account. The lawsuit is looking forward to seeking monetary damages worth $150,000 for each claim.

As per the lawsuit filed, Splash had never licensed that particular picture to Lopez, and she used it without any legal authorization or permission. According to the professionals and experts in this field, photographs clicked of celebrities like Lopez and Rodriguez are worth big dollars to photo agencies, who are always looking for opportunities to capture boldfaced names in public. They sell the rights for the use of such pictures to celebrity magazines, tabloids, and mainstream newspapers.

The lawsuit has claimed that the photograph is valuable, distinctive, and creative. Furthermore, it has also stated that Splash and its photographer had stood to gain revenue from licensing the photograph since it was visually appealing and of high-quality, and involved celebrity status. However, Lopez's unauthorized use has harmed both the already existing and the future market for the original picture.

So, a picture of Jennifer Lopez and Alex Rodriguez, taken without their consent, which according to the First Amendment (Copyright Law), isn't required, since she was out in public at that time - doesn't belong to her and would have to seek permission in turn from the photo agency and pay them as well for posting the picture on her social media account. On her official Instagram account, Lopez has 102 million followers.

As per various Intellectual Property (IP) experts and specialists, the Copyright Law considers a photograph as an original work of authorship, just like a book, painting, or poetry. Moreover, the general rule also states that the person who clicks or takes a photograph owns the copyright.

Ref-https://www.kashishworld.com/blog/paparazzi-agency-sues-jennifer-lopez-alleging-copyright-infringement/

Information Technology and its Impact on Auditing and Accounting

In today's fast-paced economy, information technology has had a significant impact on Auditing and Accounting by enabling business firms and organizations to develop and further use computerized systems for storing and recording their financial transactions. With the help of several crucial improvements and advancements, information technology is transforming the auditing and accounting industry both quickly and profoundly. The auditors can now seamlessly identify fraud and operational business risks, generate financial reports, and tailor their approach accordingly to deliver better results.

It is a matter of fact that yes; while technological advancements are being introduced at an unprecedented speed, several areas are helping the shift to audit and accounting automation while coming up with new ways of performing an audit. So, let's make ourselves familiar with how information technology is transforming the industry of auditing and accounting.

Artificial Intelligence (AI) -

Artificial Intelligence, robotics, and cognitive sciences offer great help in the automation of repetitive and complex processes and tasks. AI holds immense power in providing extreme accuracy, which further helps in increasing efficiency and reducing operational costs. Such emerging technologies play a significant role in supporting the transitional role of today's auditor from a process-centered practitioner to a critical strategic partner. In this case, it would be right to say that AI shall never replace auditors, but auditors using AI shall replace the ones that aren't using it.

Cloud -

Cloud-based computing like Microsoft Azure, Google Cloud, and Amazon Web Services (AWS) refer to a type of internet-based computing providing shared processing data and resources on-demand to computer devices. It enables the auditors to perform testing tasks and auditing from any location in the world and also provides them with an ability to deliver information, reports, and working papers via the cloud. Without any second thoughts, cloud-based computing has indeed opened up a new and efficient way for the auditors to work well with their clients. As a result, auditors can spend more time engaging with their clients and solve their business issues.

Audit Software -

Since its early stages, audit software has indeed come a long way now. Programs offer a high degree of accuracy by reducing the margins of error. Furthermore, new programs also help in streamlining the audits by making the entire process more effective and efficient. Nowadays, both auditors and business owners are embracing the new audit software technology for preventing issues with the stakeholders and avoiding costly mistakes.

Mobile Applications and Mobile Accounting -

With the proliferation of smartphones, almost everyone across the globe has access to unlimited information and business data. To bridge the gap between clients and firms, auditors are now taking advantage of mobile device connectivity. Moreover, new mobile applications are also offering help to professional service firms by performing internal functions, including sending invoices and receipts, submitting timesheets, and creating expense claims.

Social Media Platforms -

Many firms nowadays use various social media platforms like Twitter, LinkedIn, and Facebook regularly to engage with their already existing and potential clients while expanding their brand reach simultaneously. Therefore, along with traditional marketing strategies, professional service firms must realize the importance of integrating social media marketing into their long term digital marketing goals and business development plans.

BOTTOM LINE

The rapidly evolving relationship between information technology and auditing implies that auditors need to understand what impact does technology have on their business and how can it be utilized for improving Corporate Law Compliance and operational efficiencies, achieving regulatory management, guiding management decisions and Legal Opinion, supporting financial reporting and accounting, and ultimately increasing revenues.

REF- https://www.kashishworld.com/blog/information-technology-and-its-impact-on-auditing-and-accounting/

Importance of Labour Laws in Business Growth

In the corporate sector and business world, Labour Laws play a significant and vital role. These laws exist to make sure that all the employees are well-treated in their respective working environments and so all their rights, as an employee, are protected. It is a matter of fact that yes; all the employees are expected to adhere to the terms and conditions present in their work contracts or agreements; however, they still can't be subjected to ill-treatment.

Business firms and companies should ensure that their policies never devalue or discriminate against the employees, but rather elevate their experience. With the help of benefits and skills development plans and strategies, companies in the corporate sector can keep in line with these laws. Employees should be easily able to take breaks from work and enjoy other benefits from the company. In this particular way, when employees enrich their skills, the company promotes from within, that too efficiently. So, let us now have a look at a few reasons explaining the importance of Labour Laws in creating a productive work environment that elevates business growth.

1- Protection of Employees' Rights

All the employees have rights that protect them in their specific working environment. These rights, including lunch and leave breaks, healthy working environments, fair working hours, amongst many others, protect the employees from being exploited in the workplace. Furthermore, employees are also entitled to sick leaves and other regular leaves, which are well-defined in the company's agreement. The Human Resource (HR) department of the business determines the implementation of these benefits. Giving utmost importance to the wellness of the employees and ensuring fair treatment will make sure that they stay in the organization for a longer duration. Therefore, together with Labour Laws Compliance and employee contracts, any company can craft its policies for creating a healthy relationship with the employees.

2- Higher Employee Retention Rate

By implementing Labour Laws, the companies can keep their employees satisfied and happy. For creating a mutual understanding between both parties by minimizing disputes, these laws help in avoiding employee unrest, which further causes feuds between them. If companies wish to retain their employees, they must use the Labour Laws, which shall act as a guide for them on how to run the company and treat the employees. This strategy will help in ensuring that talent remains within the company, and everyone feels appreciated. Moreover, companies with good employee reviews have a positive reputation in the corporate environment, which further adds to their overall value.

3- Labour Laws Contribute to Business Success

Labour Laws hold immense potential in creating cordial and powerful relationships between the employees and the business companies. With proper working conditions, benefits, and rights, the employees shall also work hand-in-hand with the company to meet the business objectives and lead towards the ultimate path of success. Besides, the employees shall also take pride in associating themselves with the business and work sincerely towards becoming the company's best employee. As they will enhance their job roles, they can increase their earning potential and even get promoted within the business. Therefore, having adequate knowledge about the Labour Laws is essential to allow the appropriate process to be in place for dealing with any adverse situation that may arise.

Ref- https://www.kashishworld.com/blog/importance-of-labour-laws-in-business-growth/

Everything You Need To Know About Corporate Compliance

The term 'Corporate Compliance' refers to the way business firms, companies, and organizations ensure that they are following all the rules, regulations, and policies that apply to their business in all aspects. It usually involves designing, implementing, and monitoring all practices, procedures, and training. Corporate Compliance Programs are the formal policies that prevent violations of Corporate Law Compliance, provide training on relevant regulations, implement compliance procedures, and monitor violations. Without these elements, every company is prone to risk and legal liability. Although the types of compliance policies and programs appropriate for a specific company vary as per its size and complexity of operations, all companies, whether large or small, benefit from having an effective corporate compliance program in place, provided it is well-designed and actively monitored from time-to-time. Therefore, if your company still doesn't have a formal corporate compliance program, it is high time you get in touch with a Corporate Compliance Attorney and start working on it.

VITAL COMPONENTS OF CORPORATE COMPLIANCE

For having a successful corporate compliance program, it is essential to include all the standards and controls that ensure compliance by every employee of the company. Three vital components of corporate compliance achieve this, namely, Code of Conduct, Compliance Standards and Policies, and Compliance Procedures.

CODE OF CONDUCT

The compliance tone of a company is established by the code of conduct, which further sets the ethical principles of the business along with the general principles using which and employees and management conduct operations.

COMPLIANCE STANDARDS AND POLICIES

The compliance standards and policies govern the rules and expectations for each of the key areas of corporate compliance.

COMPLIANCE PROCEDURES

The compliance procedures set the day-to-day practices and requirements for the proper implementation, management, and enforcement of the compliance standards and policies.

COMPLIANCE MONITORING AND AUDITING

Without compliance monitoring and auditing, it becomes arduous to enforce the compliance objectives or even know whether all the compliance policies are being adhered to or not. To quickly detect problems and issues, and correct violations in real-time, it is imperative to have all the monitoring programs in place. Such programs should identify and address the concerns and gaps in compliance regularly and consistently. Auditing, on the other hand, reviews the entire picture of a company's compliance programs from time-to-time that may be weekly, monthly, quarterly, or annually, to find anything missed by the compliance programs.

MOVING FORWARD WITH COMPLIANCE

In today's highly competitive business environment, transparency is necessary to establish trust with your employees, clients, and stakeholders. By adhering to the laws, you can ensure fair and civil business practices in your organization at all times. While the requirement for corporate compliance varies across public, private, large, and small corporations, investing time and effort in compliance is better done earlier than later as the costs of noncompliance can damage both the financial state and reputation of a business.

Ref- https://www.kashishworld.com/blog/everything-you-need-to-know-about-corporate-compliance/

Geographical Indication - Overview, Importance, and Benefits

A Geographical Indication (GI) refers to a sign, name, or symbol used on products having a specific geographical origin and possessing qualities or reputation that are due to that origin itself. A GI tag represents a geographical indication. To achieve the GI tag, both the product and its quality must depend on the geographical place of production. The Geographical Indication Rights prevent all the third-parties and unauthorized users or manufacturers from using the indication in the products that do not conform to the applicable standards. For instance, the producers of Darjeeling tea can exclude the use of the term 'Darjeeling' from the tea products that are either not grown in their jurisdictions or not produced as per the standards defined in the laws of geographical indication.

However, the owner of a GI tag can't enforce the rights in preventing someone from making a product by incorporating the same techniques or procedure as set out in the standards for that specific indication. Geographical Indication Protection provides a right over the sign that constitutes the indication.
Geographical indication protection extends to a wide range of products including, but not limited to:

• Agricultural Products
• Handicrafts
• Industrial Products
• Foodstuffs
• Wine and Spirit Drinks

Why Should You Obtain Geographical Indication Protection?

Many people and associations across the globe often get confused while thinking about whether it is worthwhile to obtain GI protection or not. Some of the benefits of registering a geographical indication are as follows, which will help you in understanding its importance.

1- ENHANCES ECONOMIC GROWTH

The protection of geographical indications leads to the overall economic prosperity of the manufacturers and producers. Furthermore, the marketing and promotion of the products with the GI tags enhance the secondary economic activities in that specific region, which in turn boosts the regional economic development. Last but not least, the protection of geographical indications creates a positive image and reputation of the product in the minds of the consumers and rewards the producers with incentives and better ROI.

2- PREVENTS UNAUTHORIZED USE OF GI TAGS

The registered holder of the GI tag has all the legal rights to prevent anyone not belonging to the GI region from using their GI tags. The owners can also initiate legal proceedings against the unauthorized user to save their reputation from being damaged.

3- EXPANDS BUSINESS

The prime purpose of registering a geographical indication is to seek protection for specific products produced in a particular geographical region, which further encourages and motivates the marketers to expand their business at a global level. Furthermore, the protection of geographical indications boosts exports and helps the producers in earning well for themselves.

4- INCREASES TOURISM

The protection of GI tags builds a global reputation for the products. People around the world notice various GI products from different regions and get motivated to visit those regions and use such products. Therefore, it helps in the growth of the tourism industry of that particular region as well.

Ref- https://www.kashishworld.com/blog/geographical-indication-overview-importance-and-benefits/

Beware of Instagram's New Copyright Phishing Scam!

A new phishing scam is targeting most of the Instagram users by accusing them of Copyright Infringement and obtaining their credentials. It baits the users into giving away their login details using bogus copyright infringement alerts. The attack begins with a phishing email distributed as a part of this fake campaign that claims a user's account will be suspended in 24 hours for violating Instagram's Copyright Law. It triggers the users with a copyright notice and the users who wish to refute the claim can do so by clicking on the 'Copyright Objection Form' button embedded in the same email.

FAKE ALERTS OF COPYRIGHT INFRINGEMENT

In the present era, nobody wants to get locked out of their accounts on the social media platforms, even if it's for a while. Consequently, the temptation to click on the email or its buttons is very high. The phishing messages appear similar to the official emails on Instagram. However, the emails have numerous grammatical errors, which are a hint to the users that something is amiss. Clicking the button of 'Copyright Objection Form' redirects the user to a fake Instagram page. Moreover, the page's URL doesn't end in '.com' but in '.cf' which adds to the illusion that the domain is an Instagram one on the mobile web browser.
The page seeks to appear legitimate and official by using an SSL certificate, represented by 'HTTPS' in the address bar and green padlocks. If the users click through, they would then be asked to give their email id, date of birth, and Instagram password. After obtaining all the private information of the users, the phishing page redirects them to the official Instagram login page for maintaining the illusion that the copyright objection form was authentic. If the Instagram users fall for this trick, the hackers can take control of their accounts undisturbed.

WHAT CAN THE USERS DO?

It is a matter of fact that yes; some of the Instagram users are bound to fall for such kind of scams. If you have got either your account hacked or credentials stolen but can still access the account, you first need to check whether your correct email id and mobile number are still associated with your account or not. For doing so, click on 'Edit Profile' option and scroll down to view the current mobile number and email id. If the attackers have changed the info, try to enter your details. After this, you should change your password as well, which would automatically log off all devices currently logged into your account, and give you the full control of your account. In case you lose complete access to your account, you can report the incident to Instagram's security and wait for Instagram to confirm your identity with either your mobile number or email id using which you had signed up.
Such scams are yet another reminder for all the users to read the emails carefully and further inspect the URLs of all the links. They should also enable two-factor

Ref- https://www.kashishworld.com/blog/beware-of-instagrams-new-copyright-phishing-scam/

How to Protect your Intellectual Property (IP) in Foreign Markets

In human history, the greatest of all inventions, social and political advancements, and maximum profit-generating endeavors have undoubtedly originated in the minds of people. They all begin at the same place, i.e., as an intangible idea. Intellectual Property (IP) is a valuable resource and asset in all aspects. From trademarks, copyrights, and trade secrets to patents, industrial designs, and geographical indications, IP is a significant distinguishing factor and a prime driver of revenue for an organization or business firm.

As a general term, IP refers to the set of intangible assets owned and legally protected by an individual or company. The IP holders can prevent unauthorized use or implementation of their unique creations. Furthermore, they can also sell or license their IP to others. In our day to day lives, IP is traded between nations, industries, and people, which further helps in the growth of the global economy. Therefore, every effort must be put in to protect the Intellectual Property Rights (IPRs) of the owners while advancing their shared accessibility simultaneously.

PROTECTING YOUR INTELLECTUAL PROPERTY OVERSEAS

For the ventures that include significant risk, like protecting the IP in foreign markets, the organizations need to craft effective strategies to reduce or transfer such risks. Below are some ways of doing business overseas and protecting your IP.

1- REGISTER TRADEMARKS/COPYRIGHTS AND APPLY FOR PATENTS

Organizations and business firms must register their relevant trademarks or copyrights and apply for patents in their target markets. However, they must familiarize themselves with the fact that every market will have different Intellectual Property Laws and procedures. For more information on the same, organizations can hire a patent or trademark attorney or get in touch with the IP Office of that particular region or market.

2- ESTABLISH CONTRACTUAL SECURITY

Organizations and companies can seek to protect their IP by using legal contracts constructed carefully. The legal contracts for Intellectual Property Protection include the following features:

1. Non-Disclosure Agreements 
2. Licenses
3. Sales Contracts
4. Employment Agreements
5. Technology Transfer Agreements
6. IP Ownership Clauses 

After forming such contracts, the organizations should engage with their business partners regularly to emphasize the crucial importance of the specified clauses and ensure that they understand what those obligations mean for both the parties.

3- IMPLEMENT SECURITY MEASURES

While getting involved in a new international venture, organizations need to boost and strengthen their security procedures, which can help to identify malicious and unauthorized activities by internal and external parties. The organizations can do so by:

1. Performing background checks on their partners
2. Restricting the access to IP to only essential contractors, parties, and supply chain partners
3. Encrypting all forms of IP transmitted electronically or digitally
4. Prohibiting unauthorized copies of IP on shared network drives or USB devices
5. Physically locking the areas of IP storage
6. ACQUIRE INSURANCE

For transferring some of their IP risks, the organizations may consider acquiring insurance. Insurance of IP protects against the enormous legal costs that an organization needs to pay if it pursues its IP claim through the court system. It can include the enforcing claims, i.e., against the infringers who violate the organization's IP and defending claims, i.e., against the organization by another individual or organization.

Activists Urge Narendra Modi to Protect Drug Patent Rules

In India, the patients' rights advocates have recently asked Prime Minister Narendra Modi to decline any US proposal put forward to dilute the country's Patent Protection and price control regulations. The advocates argued by saying that such proposals may pose a serious threat to India's ability to provide affordable medical treatments, devices, and medicines to its people. Ahead of Modi's planned visit to the United States, he received a letter on September 20, 2019, from these public health groups, which also asked him to protect the Indian government's right to impose price caps on medical equipment and medicines. The letter shows the concern among the patients' rights advocates and public health groups regarding India's discussions of a possible trade agreement with the US, which may lead to changes to India's price control mechanisms and drug control regulations on medical devices and drugs.

The Patent Law in India allows the manufacturers to produce quite inexpensive generic versions of several drugs, ranging from anti-viral medications for HIV infections to anti-cancer medicines. The letter has further highlighted that India’s health ministry, state governments, and millions of its people are highly dependable on the affordable generic medicines, vaccines, and devices, which are domestically produced, and prevent and cure both communicable and non-communicable diseases. The signatories to the letter include the Cancer Patients’ Aid Association, the All India Drug Action Network, the Jan Swasthya Abhiyan (People’s Health Movement), and various other non-government organizations in the health sector. In 2017, the Modi government had imposed price caps on hip implants and coronary stents, which angered many sections of this industry that were demanding differential prices as per the characteristics and features of the medical devices.

The health groups also stated that various sections of the US industry are urging India to replace such price caps with rules and regulations that curb trade margins. The All India Drug Action Network said that the attempt to protect trade margin rationalization is a backdoor attempt to neutralize the price caps, which shall prove to be the most effective way of making critical medical devices and treatments accessible to the patients in the country.

In response to a US move to withdraw quite a few trade benefits to Indian exporters earlier this year, the Indian government had safeguarded its right to protect the public interest. The government stated that India would always uphold its national interests, like the US and other nations, and they aspire for better standards of living by keeping in mind the development imperatives and concerns of people. The public health groups have urged Narendra Modi to uphold this stand on a serious note.

Fashion Industry and Intellectual Property Infringement

In today's fast-paced society, the fashion industry is continually evolving. While being a part of almost everyone's daily life, fashion is something to which each one of us can relate. Be it in the form of shoes, or the apparel which we wear, the fashion industry is indeed the most widely-recognized and profit-making industry in the world and yet is also the most vulnerable. Although getting inspired by something or someone is accepted in the modern world; however, at times, this inspiration comes as more of direct imitation than an innovative extension of the original idea. It is a matter of fact that yes; Intellectual Property (IP) Laws act as watchdogs for the creative ideas; quite often it becomes arduous to keep an eye on every development or creation that takes place across the globe every minute.

Intellectual Property Infringement issues not only result when small-time retail shops breach the Intellectual Property Rights (IPRs) of big brands; but even the vice-versa for the same holds to quite an extent. Furthermore, the vulnerability of this industry emerges from the lack of Intellectual Property Protection given to the fashion labels and brands as well. As the innovative ideas and creative fields of the fashion industry stand on the pillars of sincere efforts and flawless skills of the creators, they often sue others for the infringement of their designs.

WHAT CAN BE DONE?

Although Trademark Protection can protect a fashion brand and its entity, it often becomes ineffective against copycat or lookalike products. As the biggest threat to the fashion industry, these copycat products come to the consumer market very quickly after the launch of a new clothing line. Why trademark protection lags in such cases is because the lookalike products don't use the name of the original brand names. Therefore, the protection of IP in the fashion industry requires an agile approach with a strategy flexible enough to keep in pace with the ever-evolving nature of fashion trends. Besides, the fashion designers and creators must tailor the IP strategy to fit their particular niche within the fashion business.

In the creative fashion industry, Copyright Protection can extend to the designs (including fabric prints, lace patterns, and jacquard weave) and products, which are regularly changing and fast-moving. When a lookalike product copies the entire look of the original brand, without using its name, and it doesn't seem feasible to seek or claim Industrial Design Protection, copyrights offer an additional avenue of claim, only when the original fashion design is a work of artistic craftsmanship. In many jurisdictions, protection for copyrights may be broader because of the absence of any specific categories of copyrighted works. However, it is still necessary to show that the works are distinctive and original as what constitutes the term 'original' varies from one jurisdiction to another.

Nowadays, well-established regimes in various jurisdictions grant exclusive powers to the Customs authorities to seize and destroy trademark infringing and counterfeit products. Generally, Customs authorities are more accustomed to identifying trademark-infringing products than those that may infringe copyrights. Therefore, more intensive customs training and detailed product information can help them to spot similarities among designs.

Industrial design protection usually provides a quicker and cheaper way of obtaining a registered IP and protects the features that are prominent in fashion labels and brands, including decoration and design. As an additional route for enforcement, industrial designs protect the appearance of the entire product or a part of it resulting from the features of colors, shapes, textures, contours, lines, or its ornamentation. Industrial Design Registration across the globe has a global novelty requirement, and it isn't cost-effective to seek protection for all novel designs just by predicting the likelihood of their success. The motive must be to protect the novel designs and features of the products that will spark new trends before the infringers begin to violate them.

BOTTOM LINE
For creating new and innovative designs, the fashion industry invests an enormous amount every season. Due to the growing trends of counterfeit items, fashion designers usually fail to protect their IP. Infringers have become more sophisticated in their action than ever before, and subtle lookalike products are present in almost every consumer market. Entirely removing the issue of counterfeiting and copying of designs seems to be next to impossible. However, the creators and brand owners must stay alert and keep themselves aware of the applicable IP laws to safeguard their unique creations and designs.