Intellectual Property Services

Game: Conservation

admin — Fri, 04 May 2012 09:39:57 +0000

Game: Conservation

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Home Page > Law > Intellectual Property > Game: Conservation

Game: Conservation

Posted: Apr 29, 2012 |

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Game: Conservation

After reading The Criminalization Of Bad Mothers by Ada Calhoun, in The New York Times online for April 25th, 2012, and recalling how Britney Spears (1982-) was forced to give control of her wealth to her father, Jamie Spears, because she was defined as a `bad mother`, doesn`t it occur to anyone that there`s a certain incongruity in Jason Trawick, the formerly sacked manager of Britney Spears (indeed, sacked by Britney Spears), being given authority over her estate as Co-conservator to her father? Why didn`t Jamie Spears implement the huge intellect of the USA`s legal system that made of him a Conservator and prevent Trawick, the failed ex-manager of Britney Spears` pop career, from ever being in a position to handle her? Moreover, didn`t the legal fraternity of the USA perceive the incongruity of Britney Spears losing her fortune to a Conservator primarily because her kids hat fell off as she was harried by paparazzi one afternoon and, not finding herself in a mood to be bothered to pick up the cheap headgear because she was worth billions of dollars and could buy a roomful, was labelled a `bad mother`, effectively on account of her `neglect` of the baseball cap rather than her kid?

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Hope Ankrom, interviewed by Ada Calhoun for her article The Criminalization Of Bad Mothers, relates how, after her infant tested positive for cocaine, she was breast-feeding before they took her to jail: `I had toilet paper crammed in my bra. There is nothing more painful than needing to [nurture] and not being able to.`1 Hope was a `junkie`, whereas Britney Spears` kid lost his hat. Nevertheless, a mom is a mom; as Hope`s story reassures us and, having followed what seems a `crooked` path` to the law, to give Conservatorship to Britney Spears` father, on the strength of her being `unfit` to take care of her son`s hat, it`s surely within the Attorney General`s purview, as the chief law enforcement officer of the United States government, to take a serious look at a sacked `Svengali` wheedling his way back into Britney Spears` life to the point at which the interpreters of the law of the USA have given Trawick, a failed businessman, that is, failed according to Britney Spears` sacking of Trawick for mismanaging her career, Co-Conservatorship over her life and, effectively, without any actual social bond other than the reinterpreting of the title of putative fiancée to mean `leech`, the power of life and death over her ideas, image, music, and business empire.

1 http://www.nytimes.com/2012/04/29/magazine/the-criminalization-of-bad-mothers.html?_r=1&src=me&ref=magazine

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About the Author:
Member of SFWA
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Geographical Indications Registration in India

admin — Thu, 03 May 2012 16:25:38 +0000

Geographical Indications Registration in India

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Home Page > Law > Intellectual Property > Geographical Indications Registration in India

Geographical Indications Registration in India

Posted: Apr 29, 2012 |Comments: 0

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Geographical Indications (GI) of Goods is a word or expression used in the description and presentation referring to a country or to a place situated therein as being the country or place of origin of those goods. The mark of a GI suggests that the product possesses certain qualities, made according to traditional methods, which corresponds to a specific geographical location or origin. Geographical indication covers any name, geographical or figurative representation or any combination thereof conveying or suggesting the geographical origin of goods to which it applies.

Under the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of intellectual property rights. India enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which has come into effect on 15th September 2003. The legislation will be administered through the Geographical Indications Registry under the overall charge of the Controller General of Patents, Designs and Trademarks. A Geographical Indications Registry has been established in Chennai for the purpose of administering the legislation. Geographical Indication Rights have already been obtained for ‘KANCHIPURAM SILK SAREE, ‘ASSAM TEA’ and ‘BASMATI RICE’.

It is advisable to register geographical indication in India as it builds up enormous goodwill and reputation in respect of the goods. Moreover, the registration stands as proof of validity and no further evidence is required by the Court. Though registration of the geographical indication in India is not mandatory, by registering the owner can stop more effectively the unauthorized use of the registered geographical indication by other persons and support producers of the goods. The term of GI in India is initially for a period of 10 years and can be renewed from time to time.

The following cannot be registered in India as Geographical Indications:

The use of which would be likely to deceive or cause confusion;
The use of which would be contrary to any law for the time being in force;
Which comprise or contain scandalous or obscene matter;
Which comprise or contain any matter likely to hurt the religious susceptibilities
of any class or section of the citizens of India;
Which would otherwise be disentitled to protection in a court;
Which are determined to be generic names or indications of goods and are
therefore, not or ceased to be protected in their country of origin, or which have
fallen into disuse in that country;
Which, although literally true as to the territory, region or locality in which the goods
originate, but falsely represent to the persons that the goods originate in another
territory, region or locality, as the case may be.

Procedure for Registration

Application

Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods can apply for the registration of the geographical indication. The Applicant has to be a legal entity and should be representing the interest of producers of the good applied for.

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The Register of Geographical Indications is divided into two parts, part A and Part B. Part ‘A’ consists of particulars relating to registered geographical indications and Part ‘B’ consists of particulars of the registered authorized users. The various steps that the applicant should follow for the registration of their geographical indications in India are as follows:

The applicant can file a single application for registration of a geographical indication in different classes of goods as per the prescribed format. The application can be filed in the Office of Geographical Indications, Chennai. The application to be filed should contain a statement indicating the special characteristics of the goods, unique features and its linkage to the
specific geographical location including human creativity involved. It should also include three copies of geographical map of the area of production certified by a competent authority.

Examination

After the application has been filed, the Examiner examines the application and the statement of case. Deficiencies if any found through a preliminary examination will be communicated to the Applicant or his agent. On compliance of the deficiencies, the Registrar will constitute a Consultative Group of experts to ascertain the correctness of the particulars furnished in the Statement of Case. Based on observation of Consultative Group, the Registrar will issue an Examination Report. The Examination Report may contain objections to the acceptance of
the Application or proposal to accept it subject to such conditions, amendments, modification or limitations as he may think fit to impose. The Applicant is required to comply with the requirements within two months of the receipt of the examination report failing which the application will be treated as abandoned.

Acceptance and publication

Upon compliance of the requirements by the Applicant, the Registrar accepts the
Application. Upon acceptance, the application will be published in Indian Geographical Indication Journal.

Opposition

Upon advertisement of a GI application in the Indian Geographical Indications Journal, any person may, within three months of the publication, file an opposition. This initial period can be extended by a period, not exceeding one month, by filing an extension application to the Registrar along with the prescribed fee. The application for extension shall ordinarily be filed before the expiry of the period of three months. After serving the opposition documents on the Applicant and after examining the evidence and hearing the parties, the Registrar of Geographical Indications may decide whether and subject to what limitations or conditions the registration is to be permitted.

Registration

The Registrar of Geographical Indications may register the geographical indication after the application has been accepted and not opposed or if opposed the opposition has been decided in favor of the Applicant. Thereafter the Registrar will issue the Registration Certificate in the prescribed format and sealed with the seal of the Geographical Indications Registry to each of the Applicant and the authorized users.

Renewal

The registration of Geographical Indication in India is initially for a period of 10 years and can be renewed from time to time. If a Registered geographical indication is not renewed, it is liable to be removed from the register.

Prohibition of Assignment or Transmission

Under the Indian Geographical Indication Act, a registered GI shall not be subject to assignment, transmission, licensing or any such other agreement affecting the rights. A Geographical Indication is considered as a community property belonging to the producers of the concerned goods. However, when an authorised user dies, his right devolves on his successor in title.

Rectification

An application for rectification of Geographical Indications can be made to the Registrar or the Appellate Board for cancelling, expunging or varying of any entry relating to a geographical indication or of the Statement of Case.

Appeal

An appeal to the Intellectual Property Appellate Board is available to an aggrieved person from any order of the Registrar under the Act or the rules. It should be made within three months from the date of receipt of such decision or within such further time as the said Appellate Board may allow.

Authorized Use

Part B of the Register of Geographical Indications contains the particulars relating to the registration of authorised users. A producer of goods can apply for registration as an authorised user, with respect to a registered Geographical Indication. Such person should apply in writing in the prescribed form along with prescribed fee. An authorised user has the exclusive rights to use the Geographical Indication in relation to goods in respect of which it is registered.

Enforcement

A person infringes a registered geographical indication when he falsify a geographical indication or falsely apply a geographical indication to the goods that originate not from the territory in respect of which such registered geographical indication relates.

Civil Suit: The registered proprietor of GI can initiate either infringement and/or passing off proceedings against an infringer. The infringement proceedings can be initiated if the geographical indication is registered. If not registered, the owner can move passing off action against the infringing party. The reliefs usually awarded include injunction, damages or accounts of profits, delivery-up of the infringing labels and indications for destruction or erasure.

Criminal Case: The Geographical Indications Act also details remedies for infringement of GI under the criminal laws too. When a person is convicted of an offence for falsify or falsely apply geographical indications, the Court may direct the defendant to forfeit the goods. Such person may also be imposed with imprisonment for a term not less than six months which may extend to three years and with fine, not less than fifty thousand rupees extending up to two lakhs rupees.

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About the Author:
P.M.George Kutty, Attorney at Law of www.pmgip.com. Author is an Advocate and Patent and Trademark Attorney with PMG Associates, Intellectual property Law Firm, India. Author is a member of INTA, APAA, Bar Council, High Court Bar Association and has various articles on Intellectual Property to his credit. The author can be reached at: info@pmgip.com
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What you Need to Know about Trademark Registration

admin — Thu, 03 May 2012 02:23:35 +0000

What you Need to Know about Trademark Registration

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Home Page > Law > Intellectual Property > What you Need to Know about Trademark Registration

What you Need to Know about Trademark Registration

Posted: Apr 27, 2012 |Comments: 0

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Every given trader is well aware of the great importance of the trademarks. Though it is not a legal requirement, the benefits that one enjoys when they register trademark are some that are quite hard to let go. One of the most popular benefits is the fact that, filing trademark gives the owner a chance to enjoy some exclusive ownership rights. Without trademark registration, a new comer can register a mark that is similar to yours, and there is nothing you can do to them legally.

In each and every given state there are official offices that have been identified by the government, for people to file a trademark when need be. The trademark registration will help one enjoy the common rights such as letting the public know about the ownership of the mark. Filling a trademark also allows for legal presupposition of ownership nationwide. Most importantly, taking a decision to file a trademark gives one the chance to enjoy some exclusive rights to the use of the logo in or on connection with the particular products and services.

There is nothing that can be more emotionally draining and expensive than receiving a discontinuation letter to use a given brand or trademark. It therefore makes more sense to get covered, by considering carefully the importance of trademark registration. This will greatly help you avoid the chance of getting prevented from using your trademark by other traders who may be looking for ways to bring you down. To register trademark is also step that will give one some geographical coverage. This means that one gets nationwide protection from as opposed to the rights that may restrict you to use the trademark in specific areas. Whats more, trademark registration allows one to file a trade mark in other parts around the world.

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It is quite important to note that, the common law rights results from the actual use of the trademark. As a rule of law, the very first person to use the mark in the business world or the first one to file a trademark application with relevant bodies such as USPTO, has the eventual right to use as well as right to register trademark. One does not necessarily have to visit the bodies dealing with trademark registration in person, as filling trademark can be done online from the officially recognized websites. To register the trademark online is never a daunting process. This is for the simple reason that, all that one needs to register trademarks online is fill in some application forms that will require them to fill in some details.

To register trademarks online, always ensure that correct details are filled in, to avoid having problems in the future. To effectively complete the process, it is important to use valid systems to check if the trademark resembles another. Have in mind that, to register trademarks online will only make sense if the trademark being registered is not registered elsewhere or is being used by another trader. To file a trademark successfully; getting the services of a lawyer may prove to be quite helpful. Remember that, filling trademark may prove to be quite easy, if some things are carefully considered. After filling trademark, always make sure it is put into good use to avoid cancellation. A renewal should also be carried out after ten years of filling trademark.

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About the Author:
Tom Stevens is the author of this article on File a trademark. Find more information on Register a trademark here
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Indian Patent Office Grants Compulsory License for Bayer's Nexavar: Implications for Multinational Drug Companies

admin — Thu, 03 May 2012 02:23:32 +0000

Indian Patent Office Grants Compulsory License for Bayer's Nexavar: Implications for Multinational Drug Companies

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Home Page > Law > Intellectual Property > Indian Patent Office Grants Compulsory License for Bayer's Nexavar: Implications for Multinational Drug Companies

Indian Patent Office Grants Compulsory License for Bayer's Nexavar: Implications for Multinational Drug Companies

Posted: Apr 27, 2012 |

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The Controller found Nexavar eligible for compulsory licensing under Section 84 of the Indian Patent Act because (1) the drug was not meeting the reasonable requirements of the public,
(2) the drug was not reasonably affordable and (3) the patent was not being sufficiently “worked” in India because it was not locally manufactured.

The Controller’s order is subject to appeal. Unless the standards applied by the Controller in the Nexavar case are reversed, there is a significantly increased risk that a number of other patent-protected drug products would be subject to similar compulsory licensing in India.

The Controller held that:

Bayer had made the drug available to a small percentage of eligible patients (approximately slightly above 2 percent), which did not meet the requirements of the public
The price of Rs 280,000 per month (approximately US$5,600) was not “reasonably affordable.” The term “reasonably affordable” had to be construed predominantly with reference to the purchasing power of the public
Natco may sell the drug within India at a price of not more than Rs 8,800 (approximately US$176) for a pack of 120 tablets required for one month’s treatment
Bayer’s patent was not being “worked” in India as Nexavar was not being manufactured in India. Importation from manufacturing facilities outside India did not satisfy the mandatory requirement of working the patent in India
Natco is required to pay a 6% royalty to Bayer

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Implications of the Controller’s Ruling
Compulsory licenses can be granted within a relatively short time-period following application (as little as seven months in the Nexavar case), and applications can be made three years after sealing of the patent in India. Patentees should review their product portfolios to identify vulnerable drug candidates and institute appropriate protective measures to preserve their patent rights against compulsory licensing applications. Such applications could be filed by even current partners of patentees. Patentees concerned about the requirement that the drug be manufactured in India should discuss with their government whether this requirement is consistent with India’s obligations under international trade agreements, including the nondiscrimination provisions of the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. Affected parties may be able to seek relief under applicable bilateral investment treaties with India depending on the residence of the affected parties and the language of the relevant treaties. Patentees should pay particular attention to structuring their activities in India so as to benefit from the protections afforded by numerous bilateral investment treaties that India has entered into.

This Alert is provided for your convenience and does not constitute legal advice. It is prepared for the general information of all interested persons. This Alert should not be acted upon in any specific situation without appropriate legal advice, and it may include links to websites other than the White & Case website. White & Case LLP has no responsibility for any websites other than its own, and does not endorse the information, content, presentation or accuracy, or make any warranty, express or implied, regarding any other website.

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About the Author:
White and Case LLP is a leading international law firm, founded in New York in 1901, it has 36 offices in 25 countries around the world. With such a global presence the firm provides counsel and representation to a wide range of clients from state governments to multinational businesses and firms from construction companies to investment banks. White and Case law firm has the expertise and represent in almost all areas of law including Intellectual Property, international arbitrations, cross – border transactions and local US and English laws.
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How to Find Top Patent Law Firms to Defense Intellectual Properties

admin — Wed, 02 May 2012 10:28:21 +0000

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How to Find Top Patent Law Firms to Defense Intellectual Properties

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Home Page > Law > Intellectual Property > How to Find Top Patent Law Firms to Defense Intellectual Properties

How to Find Top Patent Law Firms to Defense Intellectual Properties

Posted: Apr 26, 2012 |Comments: 0

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Legal help is become most essential need of individual’s life. Find many reputed law firms where you will get cost effective law services. Look for patent law firms to find very affordable ipr law services.

The legal services are a body which covers ranges services for clients who need legal help. There are several of services are provided at private level and serving to public sector, industry and commerce. The importance of law services is ignored often times but need of legal help is increasing. The big cause of boosting legal services is the serious need of people for themselves. Most people seek legal assistance for civil suits and get help to deal with divorce, minor criminal offense. The demand of legal help is also extended to business contracts, writing wills, trademark, and for many other kinds of issues. It is sure to be important issues for need of legal help. When you are looking for legal services, it is most important to remember that law is very specialized. Just contact with lawyer which handle family law, divorce cases and handle many criminal case. You must talk to potential lawyer and make a meeting with them to understand complete legal procedure.

Law firm is a place where you meet several of attorney who provide their help in finding legal support and protection. Thousands of people are looking for different types of particular law firms on daily basis where they can find legal assistance in any cases. People are normally face injured such as car accidents, personal injuries and medical malpractice etc. It is difficult to choose honorable and reliable legal houses to find legal assistance. There are several of law firms, where you can make contact with lawyers and get all possible help. Before taking any decisions, you must look for best law firms where you will get reliable and cost effective services. With these firms, you may be benefited with many advantages and get over any injuries. The firms are constantly looking to provide people success and behave like partner.

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Patent law firm is mainly provided for those issues related to patent. Such services are provided in law firm. The firm consists of many of patent attorney who provide advices and helps to their clients in receiving patent. It is also very vital to find patent law firms that provide you the best services and meet to your requirement as protection of your intellectual property. The firms help inventors in applying of patent and provide assistance to client to be familiar with patent right. These firms also robustly trust in updating the knowledge of clients which help to know latest development in global and national law which helps to provide creative legal solutions on worldwide basis. Tha patent law firms consists of many patent agents and lawyers who provide information, criteria and advices to help inventors or companies to find complete legal protection and also benefited with many advantages. If you are looking for patent lawyers to find patent related service, must discover out about some of reputed law firms.

intellectual property law firms

IPR is one of greatest rising fields of law which are considerably expanded the sphere of intellectual property rights. The ipr law services are very important in the growth of country and make sure the progress in different fields. It provides results in the development of knowledge bank of country. The intellectual property rights plays key role in protect intellectual properties from any infringement. Such intellectual rights consists of invention, trademarks, creative works and literary. There are server ipr law firms where you will get as your requirement.

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Get connect to law firms in india that bring you with accurate services in patent law firms in india along with business litigation law firms with best attorneys.
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IP Law Firm Los Angeles: How to Manage and Protect Ownership

admin — Tue, 01 May 2012 14:00:27 +0000

IP Law Firm Los Angeles: How to Manage and Protect Ownership

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Home Page > Law > Intellectual Property > IP Law Firm Los Angeles: How to Manage and Protect Ownership

IP Law Firm Los Angeles: How to Manage and Protect Ownership

Posted: Apr 26, 2012 |Comments: 0

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These days managing a property, business or ownership is quite difficult, whether it is a big or a small ownership scheme. In order for you to succeed in the business, you must properly take care of your ownership. There are plenty of different companies, institutions and law firms that can provide excellent services to the clients. One of the best known is IP law firm Los Angeles. A firm that can provide well experienced attorneys. Every attorney has undergone training, the purpose of practicing their expertise well. Practically, they cover all aspects of intellectual property rights like trade secretive, trademarks, patents and copyrights. They know how to properly take care and secure any type of ownership. These are possible scenarios that you may experience while you are managing your properties and these will explain how an attorney from IP law firm Los Angeles can contribute and help you.

In case you are committed to a lawsuit, you can definitely ask for your attorney’s advice. He can guide you every step of the way, he can give you legal advices that may help you in your court appearance. He can also stand for you in the court and defend you in front of other people. And probably he can help you to become free of guilt. Your ownership is also protected if it’s under the supervision of a Los Angeles attorney. Nowadays protecting your ownership is really important, for the reason that there are so many competitors coming. An author, a writer, a composer or an architect like you should protect your ownership as early as today. With IP law firm Los Angeles attorney you can have the assurance of ownership protection. Registering your ownership is also a requirement. If you have registered your ownership, you can avoid it from infringement, unauthorized and misuse of ownership. However, there are so many papers to be process before it can be totally registered, bills that have to be pay and if you have lots of priorities, for sure, you cannot manage your registration well. So it is advisable to ask some assistance from an attorney.

Although you have to pay for attorneys, rest guaranteed, they can provide the client’s needs, wants and satisfaction. If you are interested about intellectual property attorneys, you may check out their websites online. Various companies, institutions and law firms have their own websites. And also, they have included their attorneys contact information.

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For More Information :- ip law firm los angeles and intellectual property attorney los angeles
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Choose Thailand property law site for property ownership in Thailand

admin — Tue, 01 May 2012 14:00:25 +0000

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Choose Thailand property law site for property ownership in Thailand

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Home Page > Law > Intellectual Property > Choose Thailand property law site for property ownership in Thailand

Choose Thailand property law site for property ownership in Thailand

Posted: Apr 26, 2012 |Comments: 0

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Most of those coming to Thailand, decide to retain in the country as expatriates. However, home ownership is very necessary to live permanently in this country. So, before buying and selling property in Thailand, you must aware of the Thai Property Law. Moreover, investment in property and real estate in Thai is a good option for buyer and seller both. Owing a land or any kind of property by foreigners is banned in Thai.

However there are certain legal methods; enable you to have your home in exotic land of Thai. These days, plenty of sites are available offering entire legal procedure and documentation need to have property in Thailand.

There are some ways by which a non-Thai are buying condominium Thailandor controlling Thai property. Condos are Thailand is a popular choice for expats. Under Thai law a foreigner is allowed to own condominium Thailand. There are various misconceptions that Thai leases are automatically renewable and they can last for over 30 years, but it’s not true always.

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Another method for buying condominium Thailandis having a Thai company own the property and have a disproportionate number of voting shares allotted to the non-Thai property owner. This exclusive method allows a non-Thai to have a property in this location, simultaneously respecting the Thai law.

Thai law sites help clients to understand several rules and guideline of the land before actually investing them. If you are willing to have condominium Thailand, you must opt for these sites to get assistance at the best possible way. Moreover, you can have your dream house in this wonderful land without any kind of legal issue.

A foreigner can own their condominium under prenuptial agreement Thailand. A company can also own property such as land or house. However, company should be registered under Thai law. Moreover, a Thai wife of a foreigner can own property, as long as you don’t have any marital problem.

Likewise, there are several types of laws and rules are provided by Thailand law sites. These sites offer comprehensive assistance services including prenuptial agreement Thailand, buying or selling property, mortgage or taxes. So, if you are willing to have your real estate property or land in Thailand, consult to Thai law experts to get quality land without any conventional hassle.

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For more information about Marriage Thailand please visit:-
Buying a property in Thailand
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Licensing of Trade Marks in India

admin — Sun, 29 Apr 2012 17:28:31 +0000

Licensing of Trade Marks in India

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Home Page > Law > Intellectual Property > Licensing of Trade Marks in India

Licensing of Trade Marks in India

Posted: Apr 24, 2012 |Comments: 0

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Licensing of Trade Marks in India is permitted under the Trade Marks Act, 1999, where the proprietor of a trade mark may, license the rights in the trade mark to a third party, thereby permitting the third party to use the trade mark in the course of trade. The terms license or licensing is not mentioned anywhere in the Act but, instead, the term registered user is used. The word licensee is, however, found mentioned on two occasions, viz. under Section 29 (7) and under Section 140 (1) of the Act.

According to the Act, permitted use is the use of a registered mark by the registered user or any person, having consent from the registered proprietor, other than the registered proprietor or registered user having connection in the course of trade in relation to the goods or services. In accordance with Section 48 and, subject to the provisions of Section 49, a person other than a registered proprietor of a trade mark may be registered as a registered user thereof in any or all of the goods or services covered under the registered trade mark. The use of the trade mark permitted as above shall be deemed to be use by the proprietor of the trade mark for the purposes of the Act or any other law.

Recordal of Registration as Registered User:

Recordal of the Registered User in India is voluntary but it is advisable that the registered agreement be registered with the Registrar of Trade Marks. The registered proprietor and the proposed registered user have to jointly apply in the prescribed manner, in Form TM 28, to the Registrar, enclosing with the application the written agreement between them and an affidavit of the registered proprietor or a person authorized by him, giving particulars of the relationship between them including the degree of control by the proprietor and whether the proposed registered user would be the sole registered user. Such particulars would also include the goods and services for which such registration is proposed, and also conditions or restrictions, if any, regarding the characteristics of the goods or services and the mode or place of permitted use and the period of permitted use. The application for recordal of the registered user in India should be made within six months from the date of the agreement.

Upon being satisfied about the compliance of the stipulations, the Registrar shall register the proposed registered user in respect of the goods or services and the date of such registration is the effective date against third parties. The recordals will be published in the Indian Trade Marks Journal within two months from the registration date. The Registrar will also issue a notice of the registered user in the prescribed manner to other registered users, if any.

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In India, Trademark Licensing Agreement has to be in writing and even unregistered trademark can also be licensed under a contract, though the Act is silent on this. However, Assignment of an unregistered trademark is possible in India as per section 39 of the Act, and the analogy would be if Assignment is possible why not license. Trademark licensing is one of the channels for the authorized use of another’s trade mark rights which is granted by the owner to the authorized user, usually for a price which is referred to as ‘royalty’.

There are no statutory provisions in India regarding the terms of licensing of trademarks.

Infringement of Use:

There is evidentiary presumption that the use by the registered user or recorded licensee is permitted use. Registered user can institute proceedings for infringement in his own name as if that of registered proprietor. The registered proprietor shall be made a defendant in such case. The rights and obligations of the registered user in such cases would be concurrent with those of the registered proprietor. Registered user, however, shall have no right to assign or transmit the right to use the mark. Unregistered user has no right to institute proceedings for infringement.

Removal from Register and limitation on account of non-use:

Section 46 of the Trade Marks Act, 1999 states that, subject to the provisions of Section 47, a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on an application made in the prescribed manner to a High Court or to the Registrar, by any person aggrieved on the ground that, up to a date of one month before the date of the application, a continuous period of 5 years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use in relation to those goods by any proprietor thereof for the time being.

It may be noted that even though the term “permitted use”, as defined in the Act, envisages the use of the registered mark by a third party with the consent of the registered proprietor by way of written agreement or registered user, the common law recognizes the licensing even in cases of unregistered mark. A leading case in this regard is Cycle Corporation of India Ltd. v. T.I. Raleigh Industries Ltd. where the court held that even though the user was unregistered, the user will come within the purview of Section 46, where the period of non-use by the registered user or proprietor is determined and the registration is removed. The court ruled that while deciding this issue, not only the commercial interests of the parties but public interest also should be looked into.

Where a trade connection continues to exist between the goods and the proprietor of the mark, the goodwill accruing there from will belong to the licensor. This connection and the accruing goodwill can be maintained by the licensor by adopting appropriate trade mark signifiers like quality control, etc. If the licensor uses the trade mark as a commodity without establishing a trade connection between the licensor and the products, the goodwill may accrue to the licensee who may be able to challenge the rights of the licensor, as happened in the case of Barcamerica International USA Trust v. Tyfield Importers Inc. where the licensor failed to exercise adequate quality control over the licensee and court held that uncontrolled or ‘naked’ licensing may result in the trademark ceasing to function as a symbol of quality and controlled source whereby it may appear that the trademark owner has abandoned the trade mark and may be stopped from asserting his rights to the trademark.

Trademark Licensing in India is beneficial for both the licensor and the licensee. The licensor, who is the owner of the trade mark gets a steady income by way of royalty and gets defense and support from the licensee against third party infringers. Trade mark licensing helps companies or body corporate to improve business operations and market presence and reputation. Licensing gives the licensee opportunity to generate more revenue with less investment. A body corporate desirous of entering into business has initially to set up complete infrastructure, involving huge risks and involving huge costs, man power and other efforts in that direction. With the help of licensing the company will be able to go ahead with minimum investment but with optimism of almost assured returns. Apart from avoiding risks and saving time and resources in relation to manufacturing of products and/or providing services, trademark licensing enables a corporate to achieve brand recognition and protection. The goodwill and the return on investment which licensing generates more than compensate the incidence of royalty paid to the licensor. Intelligently planned licensing strategies will have significant impact on commercial values.

In respect of licensing agreements on international arena and international markets, it is essential to ensure that the licensed mark is protected and registered in the country where the mark is intended to be used. Trademark registration in India need not automatically give protection in other countries.

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About the Author:
P.M.George Kutty, Indian Patent & Trademark Attorney of www.pmgip.com, Intellectual property Law Firm, India. Author is a member of INTA, APAA, Bar Council, High Court Bar Association and has various articles on Intellectual Property to his credit. The author can be reached at: info@pmgip.com
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Legal Services for Civil Litigations

admin — Sun, 29 Apr 2012 17:28:29 +0000

Legal Services for Civil Litigations

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Home Page > Law > Intellectual Property > Legal Services for Civil Litigations

Legal Services for Civil Litigations

Posted: Apr 25, 2012 |Comments: 0

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When you are amidst a civil litigation, you need to carefully analyze your position and seek assistance of an expert from legal services in Vancouver. Though civil litigations do not attract penalties and heavy fines or criminal record as in case of criminal charges, but it should be properly obliterated, else you could face severe consequences.

There can be numerous types of civil litigations; however, you do not require searching for a specialist for each type of charges alleged against you. The expert lawyer in New Westminster is able to defend you for an array of charges including divorce cases, and other charges that do not fall under criminal allegations.

In case of civil litigations, it is not necessary that charges are alleged against you. Sometimes you are the victim and you need to prove your point to claim settlement or similar benefits. Legal services in Vancouver also undertake litigations related to employment law and other corporate and commercial disputes.

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Many a times civil litigations require to be settled between the parties and a legal decision is not pronounced until requested by both the parties. Family cases and divorce cases make brilliant examples of such situations.

Civil litigations are more of a dispute and hence need to be sorted out amicably. However, there are numerous hurdles in procuring a judgment in such cases. And hence it is must to employ an expert from legal services who can speed up the process of procuring judgment. He also utilizes his knowledge of the subject matter for your benefits.

In cases of divorce related litigations and other similar cases, the legal expert also keeps you aware of the rights and assesses your case, so that you do not suffer any type of loss due to the litigations. When you employ the services of the experts they also try to minimize the loss arising out of litigations. Civil litigations can be very much damaging for your financial health and thus you have to be cautious and hire lawyer in Westminster to obliterate the case without much of damage.

Other than the aforesaid benefits the legal experts also assist you in several other ways and thus it is advisable that when you are amidst civil proceedings, it is better that you employ legal services in Vancouver. Many a times people fail to understand the seriousness of the charges alleged against them and lose a lot of money defending their point in the court of law.

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About the Author:
Columbia Square Law Office offers its legal services in the New Westminster region. It also offers legal services related to Family law & Divorce law, civil litigation and much more.
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Will the America Invents Act actually change anything?

admin — Wed, 25 Apr 2012 07:21:05 +0000

Will the America Invents Act actually change anything?

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Home Page > Law > Intellectual Property > Will the America Invents Act actually change anything?

Will the America Invents Act actually change anything?

Posted: Apr 20, 2012 |Comments: 0

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There’s been a lot of press about the America Invents Act, but despite the fact that bulk of it is going into effect in September it doesn’t seem as if we are any more sure of the effect it will have now then we were when it was signed last September.

The plans for it are certainly broad. Ever since the late 1990s the courts have been struggling with a bunch of people filing lawsuits that own patents, not in order to develop them, but seemingly only to sue other companies and make money that way. Often these non-practicing entities made money off of coming up with broad ideas and given the structure of the patent office were able to sue large numbers of companies at the same time as long as each defendant’s product related to the patent in question. The American Invents Act is language intended to curtail this process by requiring that all defendants involved have to have conduct in common.

Another part of the Act, according to Yar Chaikovsky McDermott Will & Emery lawyer, is designed to get the patent office into shape. It improves everything from the way that fees and funding are handled, to the way that patents can be challenged – allowing appropriate opportunities to challenge the patent through the administrative procedures of the patent office as opposed to expensive cost of litigation in a courtroom. And, of course, the change from a first-to-invent to a first-inventor-to-file system is quite a difference.

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But how much of a difference will these changes make? Chaikovsky explains that why there’s hope that the bill will end up stemming some of the influx of patents that have no value in themselves except for being used in litigation in order to try to extract damages or other value, but the biggest change, is that this bill is going to make it easier for larger corporations. Most of them are already dealing with international systems where first-to-file is already in position and are also better funded with money to spend on patents that might not pan out.

While, on the other hand a small inventor or smaller venture-backed companies might have waited to file under the old system until they were sure that their idea had enough value to attract funding. By moving to a first-to-file system these small companies are going to have to rethink their priorities with respect to where they invest, and will probably have to spend more money on the patent process because they can’t afford to lose their ideas to a larger corporation, let’s say the IBMs of the world, who may file first even though they invented 5, 6, 8 months after the inventor.

Either way, there will likely be increased filings as companies rush to the patent office. But the real changes? We likely won’t know until after September.

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About the Author:
Diana is a student with the University of Washington interested in inventions and patent law reform.
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