Category: Copyright

India approves accession to wipo copyright treaty 1996

India approves accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996

The Union Cabinet of India chaired by Prime Minister Shri Narendra Modi has approved the proposal submitted by Department of Industrial Policy and Promotion(DIPP), Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment The approval is a step towards the objective laid in the Indian National Intellectual Property Rights (IPR) Policy adopted by the Indian Government on 12thMay 2016 which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

Benefits:

Meeting the demand of the copyright industries, these treaties will help India:

To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;To instil confidence and distribute creative works in digital environment with return on investment; andTo spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

Background:

After the administration of Copyright Act 1957 was transferred to DIPP in March 2016, a study was initiated to examine compatibility of Copyright Act 1957 with WCT and WPPT. Also a joint study was undertaken with WIPO.

The Copyright Act, 1957 was amended in 2012 to bring it in conformity, with WCT and WPPT, includes amendment in definition of “Communication to the public” to make it applicable to digital environment (Section 2(ff)) as also introduced provisions related to Technological • Protection Measures (Section 65A) & Rights Management Information (Section 65B); Moral rights of performers (Section 38B); Exclusive rights of the performers (Section 38A); safe harbour provisions over electronic medium (Section 52 (1) (b) and (c)),

WIPO Copyright Treaty came in force on March 6, 2002 and has been adopted by 96 contracting parties till date and is A Special agreement under Berne Convention (for protection of literary and artistic works). It has provisions to extend the protection of copyrights contained therein to the digital environment. Further it recognises the rights specific to digital environment, of making work available, to address “on-demand” and other interactive modes of access,

WIPO Performances and Phonograms Treaty came in force on May 20, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment – (i) Performers (actors, singers, musicians etc.) (ii) Producers of Phonograms (Sound recordings). The treaty empowers right owners in theit negotiations with new digital platforms and distributors. It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.

Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI).

source pib india

A Short Event on Promoting Innovation, Creativity & IP Generation

Event Description :

The main aim of the event is to bring awareness among the people about Intellectual property rights. In contrast to physical property, intellectual property is an intangible asset of a person. They are the legally recognized exclusive rights to creations of the mind. Every creative work requires subsequent investment of time, resources and energy. Thus, it is necessary to recognize and respect the intellectual creations of a creator.

The event focuses on delivering knowledge about the common types of Intellectual Property Rights which are patents, copyrights, trademarks, industrial deigns, geographical indications, trade secrets, layout designs for integrated circuits and even ideas. There will also be a discussion on how Intellectual property rights provide an incentive to the creator to develop his creation and to share it with other people for the development of the society and how IPRs helps in meeting the challenges in the development like reducing poverty, stimulating economic growth, improving the health status by providing medicines to the poor, improving access to education and contributing the overall sustainable development.

Date of Event : 26-4-2018 ,16:00 hrs IST

Event Location : 128,True Value Concept,Seminar Hall,Ayodhya Puri Colony,Jhansi

Event Schedule:
Note: Delegate registration at venue will begin at 15:15 hrs. Entry to the conference room will be closed at 16:00 hrs

Session moderated by Mr. Arpit Agarwal, Sr. Software Engineer , Siddhast IP Innovation Pvt. Ltd.
15:15 to 16:00 hrs : Registration and refreshments
16:00 to 16:10 hrs : Lighting of lamps by dignitaries
16:10 to 16:20 hrs : Welcome address by Engineer Rakesh Agarwal, true value concept
16:20 to 16:35 hrs : Inaugural address
16:35 to 16:50 hrs : Special address by Chief Guest
17:05 to 17:10 hrs :Vote of thanks by Mr Devesh Agarwal, Intellectual Property facilitator for
trademarks, department of industrial planning and promotion.

Session 2
Discussion on ” IPR, Bundelkhand and entrepreneurship”
Distribution of Participation Certificates and Facilitation of Organising Committee Members.

Thanks

विश्व बौधिक सम्पदा दिवस 2018

“एक प्रयास – नवाचार, रचनात्मकता और आईपी उत्सर्जन कि तरफ “

संगोष्ठी विवरण:

28 अप्रैल 2018

समय 3:15 पीएम से शाम 6 बजे

स्थान: १२८ –True Value Concept ,Seminar Hall,अयोध्यापुरी कॉलोनी,झाँसी

कृपया ध्यान दें कि स्थान पर प्रतिनिधि पंजीकरण 3:15 बजे शुरू होगा |

कार्यसूची —

सत्र 1

Siddhast IP के Sr. Software Engineer श्री अर्पित अग्रवाल द्वारा सञ्चालन

3:15 बजे से शाम 4:00 बजे : पंजीकरण एवं अल्पाहार

4:00 बजे से 4:10 बजे : गणमान्य व्यक्तियों द्वारा दीप प्रजोलन

4:10 बजे से 4:20 बजे : अभियंता राकेश अग्रवाल, Property Valuer द्वारा स्वागत

4:20 बजे से 4:35 बजे : उद्घाटन संबोधन

4:35 बजे से 4:50 बजे : मुख्य अतिथि द्वारा विशेष संबोधन

5:05 बजे से 5:10 बजे :श्री देवेश अग्रवाल (बौद्धिक सम्पदा नियोजक एवं सलाहकार – ट्रेडमार्क) द्वारा धन्यवाद

सत्र 2

“आईपीआर, बुंदेलखंड विकास और उद्यमिता” विषय पर चर्चा

भागीदारी प्रमाणपत्र एवं आयोजन समिति के सदस्यों का आयोजन समाप्ति संबोधन

धन्यवाद

copyright india

China launches online mediation platform for copyright disputes – Xinhua | English.news.cn

Decoding Allergan-Mohawk Deal in Hindi.

पेटेंट कानून का विचित्र कोण ? Decoding Allergan-Mohawk Deal in Hindi.

आईपीआर अर्थात inter partes review की मार से अमेरिकी पेटेंटों को प्रतिरक्षित करने में मदद करने का एक अनोखा तरीका हाल ही में उभर कर आया है – ” संप्रभु प्रतिरक्षा द्वारा बचाव ” जिसे अंग्रेजी में “Sovereign Immunity Defense” कहते हैं ।

अमेरिका में सन २०१३ में अमेरिका अविष्कार अधिनियम यानि America Invents Act लागु किया गया था , जब से पेटेंट को अमान्य करने का एक लोकप्रिय तरीका इंटर पार्ट्स रिव्यू (आईपीआर) की कार्यवाही में चुनौती देना बन चुका है । IPR कार्यवाही एक यूएसपीटीओ (USPTO) (फेडरल) पेटेंट ट्रायल और अपील बोर्ड (PTAB) की कार्यवाही है जहां पेटेंट को चुनौती देने वाला पेटेंट की मौलिकता को लेकर सवाल उठा सकता है |

संप्रभु प्रतिरक्षा का कानून अमेरिकी संविधान के ग्यारहवें संशोधन में जोड़ा गया था जिसके अनुसार अमेरिकी संयुक्त राज्य की न्यायिक शक्ति का दुरउपयोग किसी दुसरे राज्य का नागरिक अमेरिका के किसी राज्य को चुनौती देने के लिए नहीं कर सकता |

पृष्ठभूमि : मैरीलैंड विश्वविध्यालय (UMD) के स्वामित्व में कार्डियक वाल्वों की मरम्मत की एक विधि को लेकर पेटेंट (Patent No. US7635386) था । मई 2017 में, यूएमडी ने सफलतापूर्वक आईपीआर की चुनौती को मात देते हुए यह तर्क दिया कि यूएमडी, मैरीलैंड राज्य का एक हिस्सा है , इसलिए 11वे संशोधन (संप्रभु प्रतिरक्षा) के तहत पीटीएबी और आईपीआर उस पर कोई भी कार्यवाही नहीं कर सकते |

निश्चित रूप से यूएमडी विभिन्न न्यायिक मामलो का उल्लेख कर अपनी दलीले देने में सफल रहा । पीटीएबी ने सहमत होते हुए यूएमडी को दी जाने वाली चुनौतियों को खारिज कर दिया।

Allergan PLC (जो एक बहुराष्ट्रीय फार्मास्युटिकल कंपनी है ) ने अपने पेटेंट की रक्षा के लिए इस अवधारणा को सीमा तक पहुंचाने का फैसला किया । Allergan ने शुष्क आंखों के उपचार में काम आने वाली दवा, रेस्टैसिस (Restasis) के पेटेंट्स को सेंट रेगिंस मोहौक जनजाति (जो न्यूयॉर्क में स्थित अमेरिकी मूल नागरिको की एक जनजाति है ) को स्थानांतरित किया जिसका अग्रीम मूल्य $13.75 मिलियन डॉलर दिया गया और फिर तुरंत पेटेंट लाइसेंस वापिस प्राप्त कर लिया गया । सितंबर 2017 में Allergan ने तर्क दिया कि चूंकि यह जनजाति भी एक संप्रभुत्व सरकार है, इसलिए “जनजाति” के पेटेंट भी अमेरिकी संप्रभु प्रतिरक्षा कानून के अनुसार आईपीआर (IPR) कि चुनौतियों से पूर्ण रूप से संरक्षित हैं |

आज सेंट रिजिस मोहौक जनजाति का मुख्यालय, जो कि कनाडाई सीमा से कुछ मिनट की दूरी पर राजमार्ग की बंजर पट्टी पर स्थित है, साल में सबसे विवादास्पद पेटेंट विवादों में से एक के लिए एक एवं बौद्धिक संपदा में एक बेजान नई रणनीति के लिए परीक्षण का एक संभावित मैदान बन चुका है । शायद ही कभी पहले किसी ने इस कोण के बारे में सोचा हो । Allergan के इस समझौते के व्यापक प्रभाव होंगे उन कंपनियों के बीच जहां बौद्धिक संपदा पर पेटेंट प्राप्त करने की होड़ मची हुई है | निश्चित रूप से जनजाति अपने कैसीनो व्यवसाय का परिपूरक पाकर बहुत खुश है |

संप्रभुता के संदर्भ में, जनजातियों की कानूनी स्थिति जो “घरेलू आश्रित राष्ट्रों” की है , बहुत ही जटिल प्रतीत होती है | क्या Allergan ने “पेटेंट लॉन्डरिंग” का एक नया रूप खोज निकाला है? या पेटेंट कानून ने सिर्फ एक विचित्र मोड़ लिया है ?

लेखक : श्री अर्पित अग्रवाल Siddhast IP Innovation में कार्रयत हैं और बौद्धिक सम्पदा के अधिकार के विषय पर शोध एवं प्रकाशन का कार्य करते हैं | श्री अग्रवाल कि रुचि का विषय नए पेटेंट कानून एवं अंतर्राष्ट्रीय पटल पर पेटेंट कानूनों का सद-उपयोग एवं दुर-उपयोग है |

अस्वीकरण : इस लेख में व्यक्त विचार और राय लेखक के हैं और यह कंपनी की आधिकारिक नीति या स्थिति को नहीं दर्शाते हैं । इस लेख में किए गए विश्लेषण केवल उदाहरण हैं |

How to Register IPR in India

According to the World Intellectual Property Organisation (WIPO), intellectual belongings refers to creations of thoughts: innovations; literary and creative works; and symbols, names and pictures used in commerce. It can be bifurcated into two categories :

1. Industrial assets which incorporates patents for innovations, commercial designs, logos, and geographical indications.

2. Copyrights which covers literary works (e.g. novels, poems and many others.), films, music and/or every other creative work.

As an inventor, proprietor or writer of such intellectual assets you have got rights, similar to in case of every other physical property. It prevents every person or entity to apply it without your permission in conjunction with giving due credit or even financial compensation.

To legally put in force such rights, you need to register your invention with the office of controller General of Patents, Designs & Trade Marks under Ministry of Commerce & Industry, Government of India.

File in your application as quickly as possible, as first-to-report rule is of great importance for registration of intellectual property. If two or more applications are identical or comparable only the the foremost application will be given importance for registration.

Patent implies a brand new product or procedure capable of industrial application. The product or procedure need to be a new invention that has not been used earlier than within the public domain. Time period for registered patents in India is 20 years.

Application for registration has to be filed inside the patents office of applicable territorial jurisdiction via the inventor either by self or through assigned legal representative. An important thing to understand is that those rights are territorial in nature and do no extend beyond the jurisdiction for which it is granted. If you want to reserve the IPR in different international boundries, then either you can file the patent application separately in countries of your preference or you can file Patent Cooperation Treaty (PCT) application simultaneously with application in Form-1.

In addition to Form 1 you need to fill Form 2 in which you need to mention the specification of your invention in detail and Form 3 and Form 5 in which you need to mention the details of any foreign filings for the same and a bonafide affirming that the product/process is your invention respectively.

Industrial Design

In accordance to WIPO, an industrial design refers to the ornamental or aesthetic aspects of an article. A design may comprise of 3-D features, such as the shape or surface of an article, or 2-D features such as patterns, lines or color. Industrial designs are applied to wide variety of industrial products containing distinctive features and handicraft items.

There is a separate Design Wing in the patent office under Government of India which oversees the registration process. The process is now online.You need to create an account,fill in the application, digitally sign the form (Form 5 and 44 ) and make the payment.

After the thorough examination, the copyright is granted, and the details of the same are entered into Register of Designs , maintained in the Patent Office. It contains parameters such as Name and address of the Proprieter , Design number, class number , date of filing, etc.

Any person can inspect the register after payment of prescribed fees.

Trademarks

A Trademark mark is a recognizable sign, design, or expression which identifies products or services belongs to or provided by certain individual or some legal entity.

A trademark identifies the brand owner of a particular product or service. Trademarks can also be licensed to others in order to earn revenue or brand proliferation. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. Regulation of Trademarks in India is governed under Trademarks Act, 1999. This Act is in compliance with World Trade Organization recommendations and Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

You can obtain Trademark from Registrar of Trademark under the Office of Controller General of Patents, Designs & Trade Marks ,Government of India.The validity of Trademark is 10 years and you can again renew that for another 10 years.The Process of registration is now online.

To register follow the link ,create an account,fill in the application ,digitally sign the Form TM-1 and make the payment.

Like registration of Industrial Design, Trademark registration is also limited to certain territorial boundries. The Application is inspected for the uniqueness of the relevant mark ,whether is it enough to distinguish and differentiate an applicant’s good or service and whether it is prohibited for registration under any other law or is identical or similar to any existing marks. On successful grant ,the trademark is included in the Register of Trademark.

In case somebody wants to contest the grant of trademark, same should be intimated to the Office within 4 months from the date of publication in the official gazette.

Some important links:
(1)For e-Filling Patent,Design,GI etc.
(2)For Form and Fees.

Who claims the software, I simply paid to have developed? Who Owns What?

A typical copyright misinterpretation is that if a enterprise pays to have software built up, the software is a work made for hire and is naturally owned by an enterprise. In any case, that is not always true.

Hinging on this confusion can bring about a enterprise not owning software it paid to have developed.

The general rule is that the creator of a copyrightable work is naturally its proprietor. One essential exemption happens if software is created by an employee. In this case, the enterprise — and not the employee — will claim the copyright. Notwithstanding, if the work is developed by a contractor, proprietorship consequently vests in the hands of the same and not the enterprise that paid to have it developed.

For what reason should a enterprise think about copyright possession? The copyright proprietor has boundless opportunity to market and change the work and to keep others from utilizing it. Truant ownership, leads to constrained rights to utilize the product by the enterprise, that was developed for it.

On the off chance if there is no drafted covenant, the copyright remains with the contractor, and the enterprise gets a nonexclusive license to utilize the product according to the understanding of the parties.

There are two critical words here. First, the enterprise entitlement to use the product is nonexclusive, which implies that the contractor can resell the software without paying anything to the enterprise.

Second, the product must be utilized by the enterprise in the way the parties concurred it would be used when the product was developed. For instance, if the product were developed for the interior utilization of the enterprise, pitching it to others would be outside of the extent of the license.

So what are a few things a enterprise ought to consider while hiring a software developer?

Intellectual Property Rights in the software by default belongs to the contractor. On the off chance if the IPR transfer agreement/development agreement do not mention the copyright proprietorship then the IPR belongs to contractor.

Jot down all things in an agreement. Copyrights must be exchanged by particular dialect in a document. Just a normal handshake deal or a verbal comprehension won’t transfer the copyright. Web based software development agreement should incorporate arrangements identified with possession.

Talk about possession right on time in the arrangement procedure. That may influence the cost of the task since the designer might plan to reuse all or part of that product in another venture.

Incorporate confidentiality provisions in the agreement. Custom developed software can contain privileged insights of an enterprise. Negotiate to keep those techniques secret and out of the hands of business competitors after the venture is done.

On the off chance that proprietorship can’t be negotiated, consider acquiring the privilege to utilize the product like a proprietor. Sometimes possession can’t be gotten on the grounds that the product incorporates routines that the contractor reuses in each task. Exchanging possession would mean the contractor would never again have the capacity to utilize those routines itself. Rather, consider consulting for the privilege to utilize and alter the product without constraint.

Ownership of the contractor developed software is crucial and often ignored aspect of the software development/innovator patent agreement. Being aware of the principles of copyright possession can spare the enterprise from numerous conceivable issues that may get apparent long after the product is delivered.

Also see : http://siddhast.com/innovators-patent-agreement

Written By : Arpit Agarwal

Intellectual property adds value to your company’s assets; learn more at our business workshop

What is Intellectual Property? How does it affect our everyday lives? How does it benefit businesses? The answer to all of these questions, in addition to business planning basics, are covered at our workshop entitled “Harnessing Power from IPR”.

Is it yours, mine, or ours? That is what many businesses wonder when they review their intellectual properties.

At this entrepreneur workshop, small businesses can learn how to perform their own intellectual property audit, and how to protect their intellectual property, including patents, trademarks, and patents. This workshop also helps those entrepreneurs who are considering developing a new invention, starting a new business, or existing businesses who wish to improve their business performance.

Today Patent,Copyright & Trademark become even more evident with the development of e-commerce. Such online businesses rely even more on selling products and services tied to intellectual property and its licensing. Think of music, images, software, designs, networks, computer chips, and so on – these are all forms of intellectual property and routinely protected by such rights.

Copyright is the most common type of intellectual property. It is the easiest to register for protection and also the most economical.

Copyright covers authors and their literary, dramatic, musical, artistic, and certain other intellectual works, such as business websites, computer source codes, and even promotional literature. Turn the words around. Copyright authorizes the “right to copy.” It protects the aesthetic or textual expression of ideas, but not the ideas. One may register their copyright at Copyright Office, Bhikaji Cama Place New Delhi-110066.

Trademarks are perhaps the most visible form of intellectual property, especially associated with online businesses. Trademarks differentiate your product and/or service from competitors. When one thinks of trademarks, often brand names and logos come to mind. Such branding influences customer recognition and projects the goodwill of a business. A trademark is a word, name, phrase, or symbol, which identifies and distinguishes the business or provider of goods, services, or ideas.

Patents are not as visible as copyrights or trademarks, yet are one of the strongest types of intellectual property protection. Think of the recent patent wars between Apple and Samsung mobile technologies. E-commerce and online businesses often are based upon product or patent licensing. A patent protects unique processes, methods, and inventions.

Many businesses that operate online realize the high value of their intellectual properties. Assessment of business intellectual properties such as patent portfolios and trademarks frequently enhance the value of a business. Forbes  claims that Apple and Google are the most valuable trademarks in 2017.  Even new business start-ups on a tight budget should consider conducting an intellectual property audit and including registration of their various intellectual properties as part of their business plan.

This workshop is organized by Siddhast IP Innovation Pvt. Ltd. Contact us for more detail.

Sample Patent Agreement

Innovators Patent Agreement

The Innovators Patent Agreement (IPA) is a new way to do patent assignment that keeps control in the hands of engineers and designers. It is a commitment from a company to its employees that patents can only be used for defensive purposes. The company will not use the patents in offensive litigation without the permission of the inventors. This control flows with the patents, so if the company sells the patents to others, the assignee can only use the patents as the inventor intended.

Quick Start / Deployment

DISCLAIMER: The IPA and the supporting materials are available for informational purposes only and are NOT for the purpose of providing legal advice. You should contact a lawyer if you want to get advice with respect to any particular aspect of the IPA or if you want to implement it.

1. Modify your employee agreements.

You should have a standard employee agreement that deals with inventions and that includes a provision requiring that employees assign their inventions to the company. You can include the following sentence in your employee agreement dealing with invention assignments:

The Company and I agree, notwithstanding any other provision of this agreement, that any invention to be assigned by me to the Company under this agreement shall be assigned in accordance with the Innovator’s Patent Agreement (“IPA”) and, if a patent application is filed on any invention, that a copy of the executed IPA shall be recorded with the assignment branch of the patent office where the patent application is filed.

2. Use the IPA with any patents you file.

Whenever you file a patent application, it is typical to have the inventor sign a patent assignment agreement which specifically assigns the patent application to the company. Instead of using whatever form your patent agent uses, use the IPA instead.

The IPA should be signed by both the inventor and a corporate representative.

After the IPA is signed, you should make sure that the document is recorded with the assignment branch of the Patent Office. This puts the whole world on notice that this patent application has been assigned in accordance with the provisions of the IPA.

FAQ

For Companies | For Inventors/Engineers | For Investors

For Companies:

Q. How does the IPA work?

A. The IPA includes a commitment from your company to your employees that their patents will be used for defensive purposes and will not be used in offensive litigation without their permission. What’s more, this control flows with the patents, so if the patents were sold to others, they could only use them as the inventor intended.

Q: What does “defensive purposes” mean?

A: Defensive purposes means that you can defend yourself should another party try to initiate patent litigation against you or your customers or users. Under the IPA, it also means that you can use these patents against anyone who has sued others offensively in the past (up to ten years).

Q: How is this actually in the company’s best interest, given how litigious the patent area is?

A: The IPA strikes a balance here. Your company keeps the capability to use patents defensively if someone sues you, or you have the option of pursuing legal action if you have the consent of the inventor. You do not keep the capability to seek patent licensing fees from others who have not used patents offensively. Nor can you sell your patents to someone who will seek patent licensing fees from them.

Q: So then why bother obtaining patents at all, if you’re going to let anyone use your technology?

A: Under the IPA, the principal value of patents is defensive. Patents are still important because you are reserving the ability to defend yourself with them while empowering your engineers by giving them a greater stake in the patent process.

Q: Doesn’t the IPA destroy corporate value?

A: We recommend that you discuss the IPA with your board of directors to understand the impact of adopting the IPA on corporate value. Whether the IPA may be right for your organization depends on a lot of factors, including whether your business model is based on generating revenue from patent licensing fees or whether it is based on competing by innovating and providing the best product or service.

For Inventors/Engineers:

Q: What does this IPA mean for me, as an engineer/designer?

A: The IPA is a new way to do patent assignment that keeps some control in the hands of engineers and designers. When you assign a patent to an entity using the IPA, your patent can only be used for defensive purposes and will not be used in offensive litigation without your permission. With the IPA, you can be assured that your patents will be used only as a shield rather than as a weapon.

Q: What stops a company from simply going back on its promises to me under the IPA?

A: With the IPA, the inventors receive the ability to license anyone who has been improperly sued in violation of the IPA. So, even if the company changes its mind, you have the ability to hold them accountable under the IPA. Even if a patent monetizer purchases the patent and tries to argue that they are not bound by the restrictions of the IPA, you can protect anyone sued by the patent monetizers by licensing them in accordance with the IPA. We believe this license will survive any transfer of the patents.

Q: What if I work for a company that doesn’t use the IPA?

A: Is your company saying that it is filing the patent for defensive purposes? If it is, ask your company representative whether they are willing to put that in writing by using the IPA. If they are unwilling to do put their promise in writing, you may want to ask yourself why (and consider working someplace else #jointheflock).

Note that even if the company issues a pledge that the patent will not be asserted offensively, that pledge may not be enforceable if there is a change in management or if the company goes through bankruptcy. Even if you work at a company that promises you that they will not use patents offensively, this may not prevent the company from later being liquidated so that the patents end up in the hands of entities that seek to monetize them.

For Investors:

Q: Why should I encourage the startups that I invest in to use the IPA?

A: First, the IPA affords flexibility for a small startup. The IPA allows unrestricted use of the patents if the inventors consent. So, a small startup can still use its IPA patents offensively if the inventors (who are likely to be founders of the startup) agree that it is strategically necessary for the sake of the startup.

Second, the IPA limits the negative consequences if the startup fails. Without the IPA, when a startup fails, the patents survive to become fodder for patent monetizers. These patent monetizers never commercialize the inventions. Rather, they feed off of these patents and can create a patent thicket for future startups. The IPA restricts such patent monetizers. Patents under the IPA cannot be used offensively against future generations of startups.

Q: Doesn’t the IPA reduce the value of the startup?

A: We recommend that you discuss the IPA with your board of directors to understand the impact of adopting the IPA on your value. Whether the IPA may be right for your organization depends on a lot of factors, including whether your business model is based on generating revenue from patent licensing fees or whether it is based on competing by innovating and providing the best product or service. Depending on the nature of your business and your long term goals, the IPA can provide significant benefits for your company.

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Start-Ups and Intellectual Property Protection

Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) in India is further extended for a period of three years with effect from 01.04.2017 to 31:03.2020 by Indian government.

Under scheme for Startups Intellectual Property Protection (SIPP) is to facilitate protection of Patents, Trademark and Designs of innovative and interested startups.

Initially the scheme was run on a pilot basis , and was in force up to 31-3-2017. The scheme is now being extended further for a period of three years. However, based on the experience gained from
implementation of the scheme so far, certain aspects of the scheme have been amended.

Vision of this scheme is to protect and promote Intellectual Property Rights of startups and thus encourage innovation and creativity among them.

for more information visit

http://www.ipindia.gov.in/writereaddata/Portal/News/323_1_Scheme_for_facilitating_start-ups.pdf