IP Rights – An Efficient Approach to Reform the Education Sector

In various emerging economies, public research institutions and universities contribute significantly towards research, development, and innovation. Furthermore, in these economies, the right set of skills and talent for innovation also emerges from educational institutes. For quite a while now, the importance of Intellectual Property Rights (IPRs) in higher education has been widely recognized and realized. The credits for the same can be given to the National IPR Policy approved by the Union Cabinet in the year 2016, which was the first-ever IPR policy framed by the Indian Government. This policy primarily focuses on promoting creativity and innovation, that too, especially amongst higher education institutions and entrepreneurs. It has specifically mentioned its beliefs for synergizing all forms of Intellectual Property Rights, agencies, and statutes for tapping the energies of creativity and innovation within the country with more emphasis on educational institutions and start-ups.

The central authority for determining and maintaining the standards of university education in India, University Grants Commission (UGC) has issued a letter stating the inclusion of IPRs under the Choice Based Credit System (CBCS) as a generic elective subject. Additionally, the National Institutional Ranking Framework (NIRF) is a ranking system adopted by the Ministry of Human Resource Development (MHRD), which ranks higher educational institutes in India. These rankings encourage the institutions to promote development, research, and innovation and access their performance beyond the aspect of academics. A crucial parameter considered while ranking the institutions is Research and Professional Practice, including IPRs and patents - both granted and published by faculty members and students having a weightage of somewhere around 15 marks. The engineering and technology institutes usually have the highest number of publications and Patent Applications. The ranking of the educational institutions is always found to be directly proportional to the number of patent applications filed. Moreover, now, there has been a significant increase in the number of research publications and patent applications, as compared to the previous years since the announcement of this ranking system for the first time in 2016.

However, the awareness of Intellectual Property Rights remains limited to higher educational institutes only, due to which, efforts must be put in to make Intellectual Property (IP) a part of the curriculum in schooling. Such initiatives will help in ensuring that IP awareness begins at an early stage in the education systems. Unfortunately, most of the people around the world have minimal awareness about the benefits they can enjoy by protecting their IP Rights. According to various reports and surveys conducted by experts, IPRs, including trade secrets, design patents, and geographical indication (GI), need more attention to get the benefits of IP rights. Therefore, the fact that IPRs have been made a part of the education curriculum is encouraging, which shall ultimately prove to be a smarter way of reforming the education sector.

Ref- https://www.kashishworld.com/blog/ip-rights-an-efficient-approach-to-reform-the-education-sector/

Go Ahead with Trademark Registration

In the present highly competitive business market, creating and coming up with a distinctive idea or concept for a restaurant has become extremely challenging. For any discerning restaurateur, protecting his or her unique and innovative ideas should be the topmost priority. Therefore, it is essential to understand and have thorough knowledge about the Intellectual Property Rights (IPRs) and how they attach to the different elements of a restaurant’s brand. Having an awareness of the IP Rights shall not only help significantly in safeguarding the restaurant’s brand from the competitors but also maximize its value in general. So, let’s find out a few proactive tips for protecting a restaurant’s Intellectual Property (IP).

Go Ahead with Trademark Registration

For some IP Rights, it is essential to follow the registration procedure to get them registered and obtain maximum protection, for example – Trademark Registration. A trademark refers to a sign or symbol used by a business owner, trader, or entrepreneur to distinguish his or her unique services or products from those offered by the others. The trademark registration gives an individual the exclusive rights to prevent unauthorized third parties from using the registered mark corresponding to the products and services covered or specified in the Trademark Application. In the restaurant business, a trademark can exist in a variety of forms, including the restaurant’s name or logo. Furthermore, a trademark can also exist for a unique dish name, for example, the Big Mac burger at McDonald’s.


Read More: How to Protect Your Restaurant’s Intellectual Property (IP)

Business Success - Tips for Managing Intellectual Property (IP)

Intellectual Property (IP), if managed effectively, can prove to be a critical growth driver for a company, business firm, or organization and have a positive impact on branding, product development, business processes, revenue opportunities, and so on. However, quite often, many companies and organizations overlook the importance of IP assets and protecting their IP portfolios. So, let's go to the basics and make ourselves familiar with a few tips for managing and protecting IP to walk towards the ultimate path of business success.

Intellectual Property Portfolio Review

Unlike many other business assets, intellectual property isn't something that you can forget about after setting up; instead, it is most meaningful and valuable when reviewed regularly. Making it a habit to review and assess IP performance, business processes, and spend, can help your business significantly in maximizing its Return on Investment (ROI). For instance, how much a company or organization is spending on administering its IP can reduce the unproductive legal spend. Likewise, process reviews can help in optimizing resources and streamlining everything ranging from ideation to commercialization. To be specific, reviews of IP asset performance show which assets are underperforming, so that the further investments can be made wisely and flexibly.

Data Analysis

In an effective and robust strategy for Intellectual Property Management, data has indeed a significant role to play. With the help of data, organizations and companies become quick and agile in making better decisions. IP metrics allow for a thorough insight throughout the complete IP workflow process. Quite often, organizations de-prioritizing IP Management against other functions forget to capture this data. Without a proper and adequate assessment of this data, any organization would risk making its business-related decisions blindly. A few examples of the data-related points are as follows:

• Number of inventions or innovations generated
• Time-spent on innovation-related activities
• The ratio of issued patents to the patent applications filed
• The ratio of prosecution costs to the issued patents

Automation

The process of automation streamlines intellectual property management and further reduces the chances of errors. For instance, it is a matter of fact that yes – processes completed on papers or via emails make it difficult for a business owner or entrepreneur to come up with an improved end product. Besides, the details and information can be easily lost as well. Hence, by automating processes, your organization will have more control over the details, which shall, in turn, give the IP team or department more time to focus on strategic planning and execution.

Intellectual Property Management Software

Intellectual Property Management Software enables organizations and companies to keep track of all the IP details and other related matters. Such systems give a more defined control on your entire inventory of IP along with its status, reports, analysis, and reminders, via much greater visibility. Hence, by implementing IP management software, you can cut down efficiently on both time and money, and generate additional revenue opportunities.

Ref- https://www.kashishworld.com/blog/business-success-tips-for-managing-intellectual-property-ip

China to Raise Penalties on Violations of IPRs in the US-China Trade War Compromise

China has recently said in a statement that it will raise the penalties on Intellectual Property (IP) theft and the violations of Intellectual Property Rights (IPRs) in an attempt to address one of the prime issues and sticking points in trade talks with the United States. According to the guidelines issued by the government on 24th November 2019, the country shall also be looking forward to lowering the thresholds for criminal punishments for the infringers and violators who steal IP. However, the country didn't say much about what such moves might entail.

The United States wants China to stay firm about enforcing rules on IP theft and stop forcing the US companies for handing over or disclosing their commercial secrets as a condition of doing business in their country. China stated that it has the aim of reducing the frequent cases of IP violations and theft by the year 2022, and shall work towards making it easier for the victims of transgressions to receive the compensations.

Both China and the United States are working towards a partial trade deal by leaving the more controversial and complicated issues for the later discussions. The chief trade negotiator of China spoke about his plans last week corresponding to reforming the state enterprises, enforcing the IP Rights, opening up the financial sector, and various other issues, which are at the center of the demands of the US for change in the economic system of China.

According to the guidelines issued by the government of China, strengthening the protection of the IP Rights is crucial for improving and enhancing the IPR protection system in China and shall also be the biggest incentive for boosting the country's economic competitiveness. Also, the local governments shall play a significant role in strengthening the IPR Protection.
In May 2019, the United States added Huawei Technologies Co., a Chinese multinational technology company, to the entity list (the United States Bureau of Industry and Security Entity List) intending to block the US companies from selling or merchandising components to the largest technology company of China. Huawei Technologies is accused of being a threat to the national security of the United States; however, the company has denied such claims.

Xi Jinping, the President of China, said that his country wishes to work towards a phase-one trade agreement with the United States, which is, in part, based on equality. However, President Donald Trump said it doesn't sound like a deal to him, as China has already reached the ceiling in this case, and the United States has just started.

Negotiators from both China and the US are on regular talking terms for bridging the remaining differences and resolving the issues concerning the protection of IP and opening the economy of China further to the foreign countries. As an initial step of the agreement, both the countries have agreed on what tariffs each side would rollback.

Ref- https://www.kashishworld.com/blog/china-to-raise-penalties-on-violations-of-iprs-in-the-us-china-trade-war-compromise

Adidas Wins Japanese Trademark Dispute over 'adidog'

The German sportswear giant, Adidas, has always maintained its reputation of being particularly litigious when it comes to protecting its well-known three-stripe trademark and shall never welcome brands with similar names as well. Adidas doesn't sell items for pets with its name on them and doesn't want any other brand to do so either. Earlier this year, Adidas had initiated a trademark dispute before the Japan Patent Office (JPO) by asking the national Intellectual Property (IP) body to reject and cancel the pending Trademark Application filed for use on clothing for dogs for the word 'adidog.' In its filing for Trademark Opposition in January, Adidas referred to Article 4(1)(xv) of the Japan Trademark Law, which prohibits Trademark Registration of a mark that is likely to create confusion in the minds of the customers as to the source of items bearing the mark. Adidas claimed that the high degree of similarity between the 'adidog' mark and its widely known trademark-protected name would make the customers believe that it has endorsed the use of 'adidog,' which isn't the case at all. It also asserted that such kind of customer confusion would be supported due to an immense level of consumer awareness corresponding to Adidas brand name across the globe and the exclusive use of its trademark-protected name in Japan for near about 50 years as of now. Furthermore, Adidas also pointed out the proximity of goods in question and their close relatedness.

The JPO's Opposition Board agreed with Adidas and dismissed the 'adidog' trademark application by saying that Adidas indeed has a remarkable degree of reputation in Japan since 1971, and the 'adidog' mark is similar to 'Adidas' in both the aspects of sound and appearance. It further stated that the products using the 'adidog' mark are not marked differently from the products sold by Adidas. At last, the Opposition Board said as nowadays the distributors of sportswear, shoes, and other related accessories are also dealing with clothing for pets, both types of goods can be closely related.

Adidas' trademark win comes after it initiated a separate legal proceeding against adidog last year when a Japanese company was looking forward to registering a trademark consisting of three diagonal parallel dog bones. Adidas had prevailed in that matter similarly, and on the same grounds as well, including its widely-recognized three-stripe trademark, visual resemblance, well-maintained and famous trademarks in Japan, and modern sportswear, shoes, and accessories distributors dealing in pet clothing and accessories.

Ref- https://www.kashishworld.com/blog/adidas-wins-japanese-trademark-dispute-over-adidog/

US Supreme Court to Review Booking.com Case in Trademark Test

The US Supreme Court has recently agreed to hear the arguments over the trademark case involving an online hotel reservation service, Booking.com, and decide whether it is entitled to Trademark Protection for its name or not. Based out of Amsterdam, Booking.com began using its name globally in 2006 and filed various Trademark Applications between 2011 and 2012. The trademark dispute over the site's name began in 2016 when the US Patent and Trademark Office (USPTO) had rejected Booking.com's request to trademark its name. The USPTO said that the name Booking.com was way too generic for obtaining trademark protection.

Booking.com challenged the USPTO's decision in court, and the company prevailed in 2017 when Leonie Brinkema, the US District Court Judge in Alexandria, Virginia, said in a ruling that although the word 'Booking' is generic, adding the top-level domain '.com' qualifies it for Trademark Registration.

However, the USPTO had then appealed to the Richmond, Virginia-based 4th Circuit Court of Appeals, which also ruled in favor of Booking.com by stating a few slightly different reasons. The appellate judges said that the name Booking.com as a whole is understood by the public to refer to a particular business, and the USPTO had failed to prove that customers believe Booking.com, in general, refers to online hotel reservation services.
The USPTO then asked the US Supreme Court to review the 4th Circuit Court of Appeals' ruling and accordingly make a decision. While appealing to the Supreme Court, the USPTO said that the addition of '.com' to a generic word does not make it distinctive. On the other hand, Booking.com has asked the Supreme Court to uphold the 4th Circuit Court of Appeals' ruling and referred to itself as one of the best-known accommodation and travel services in the US.

The Circuit Court of Appeals in 2009 had ruled that the names 'Mattress.com' and 'Hotels.com' weren't entitled to trademark protection. Booking.com countered that by saying customers know the term Booking.com as a company name. It even went forward and specifically took reference from a survey, which indicated that approximately 75% of the customers recognize Booking.com as a brand and not as a generic service.

Ref- https://www.kashishworld.com/blog/us-supreme-court-to-review-booking-com-case-in-trademark-test/

Mahindra and Mahindra Receives Patent for Multimodal Solar Power System

Mahindra and Mahindra Ltd, an India-based multinational car manufacturing corporation, has recently received a new patent for its multimodal solar power system on vehicle rooftops, which shall help in utilizing solar power for various operations in a vehicle. The solar power system will support the operation of an air-conditioner and further reduce the electric load demand on the vehicle's battery.

As per the documents, the solar panels will be fixed on vehicle rooftops to act as a supplementary power source for electrical load demand while having no impact on the vehicle's aerodynamics. A sensor will support the control unit in identifying several different modes, including parked mode, running mode, and night mode, and further, take action accordingly. There will be absolutely no restriction on the type of vehicle as the solar power system will work with all types like a hybrid, combustion, or electric vehicle. Besides, with an extraordinary design, it will also operate efficiently at all times of the day.

In the running mode, the solar panel, selected as per the vehicle's requirements, charges the primary battery for reducing the load on the alternator and the power generator part - responsible for charging the battery and supplying the additional power to the electrical system of the vehicle.

In the parked mode, the solar panel charges the secondary battery of the vehicle for its night mode operation. After the batteries are fully charged, the solar power system powers the Air Conditioner (AC) and other cooling or heating accessories.

The night mode adds to an advanced feature of the solar power system, in which there is a secondary battery in the vehicle to support its electrical demands at night. The way it works is that the solar energy helps the solar power system in charging the secondary battery during the day so that it is ready for use at night, which further helps in ensuring reduced alternator load on the engine at the same time.

The solar power system helps in keeping the battery charged, which subsequently reduces the alternator load on the engine and saves a part of the power required for running the alternator to a great extent. Since at night, the vehicle uses the secondary battery charged during the day, there is a considerable decrease in the greenhouse gas emission even during the night time.

Mahindra and Mahindra, has informed the Patent Office that it hasn't filed any Patent Application concerning the same invention outside India. The company believes the concept and application that go behind utilizing the solar energy for charging different batteries or using the power for several different modes of the vehicle aren't obvious.

Ref- https://www.kashishworld.com/blog/mahindra-and-mahindra-receives-patent-for-multimodal-solar-power-system/

Bentley Motors Loses Decade-long TM Battle Against Manchester Clothing Company

Bentley Motors, a British manufacturer and marker of luxury vehicles, has recently lost a long-running trademark dispute against Manchester clothing company - Bentley Clothing, which implies that the car-giant can't anymore use the Bentley name on its clothing range in the UK. For more than 30 years, Bentley Motors has been selling men and women's clothing, including wallets, bags, purses, scarves, baseball caps, and wraps. However, a judge at the High Court in London has now ruled that Bentley Motors has violated the Trademark Rights of family-run Bentley Clothing by using the name Bentley on its own range of products.

Bentley Clothing started trading in 1962 and owns three trademarks corresponding to the word 'Bentley' registered in class 25 for use on clothing and headgear. The car firm had begun selling its clothing line in 1987 - a move described as ‘honest concurrent use’ of the trademark. The trademark dispute dates back to 1998 when Bentley Clothing had approached the Volkswagen-owned car company to license its mark to Bentley Motors. However, the luxury vehicle manufacturer countered by making attempts to cancel the clothing brand's trademarks and failed miserably. Bentley Motors' combination mark has two wings, joined by the letter 'B' at the center with the word Bentley written underneath. Bentley Clothing said in its lawsuit that the carmaker was well aware of its business and trademarks since 1998 and still started using the combination mark in 2002.

The recent decision rendered at the High Court means that even after several attempts made by Bentley Motors to cancel the Bentley Clothing's trademark rights at the Intellectual Property (IP) Office of the UK; the car-giant no longer holds the rights to use the name on its clothing range in the nation. The court said that an average customer would see the car giant's combination mark as two different trademarks used simultaneously with the dominant part of the trademark being 'Bentley.' Besides, the company will also have to restrict its future range of headgear and clothing to only caps, jackets, silk ties, and scarves.

A spokesperson for Bentley Motors said that the company is considering an appeal against the court's decision and is very disappointed as their brand is recognized internationally operating in several markets around the world. He also mentioned that the company has been selling its clothing line in the UK for more than 30 years, and there has never been any confusion with another company's trademark.

Simon Bennett of Fox Williams solicitors representing Bentley Clothing in the case said that this trademark dispute demonstrates the power of trademarks when it comes to protecting the trademark rights of even the smallest of companies against large multinational corporations.

Ref- https://www.kashishworld.com/blog/bentley-motors-loses-decade-long-tm-battle-against-manchester-clothing-company/