The idea of getting patents is a good moves from the point of view of enforcing the patent rights. Let’s talk about haptic technology patented by Immersion.U.S. Patent No. 8,619,051 titled ‘Haptic Feedback System and Stored Effects‘ which deploys feedback to a device by responding with a vibration and the ability to store the feedback patterns and effects.
Important International Patent Classifications Identified by the Patent Examiner in this Patented Innovation:
G06F3/041Digitisers, e.g. for touch screens or touch pads, characterised by the transducing means
G06F3/016Input arrangements with force or tactile feedback as computer generated output to the user
H04M19/04Current supply arrangements for telephone systems providing ringing current or supervisory tones, e.g. dialling tone, busy tone ringing-current generated at substation
H04M19/048Arrangements providing optical indication of the incoming call, e.g. flasher circuits
Haptic devices incorporate microcontrollers, drivers, actuators or motors, as well as software for multimodal experiences that improve the usability by engaging touch, sound and sight. Haptics is widely becoming a tool used in a variety of applications they can be found in virtual reality applications to give a greater sense of realism or create a 3D environment. The haptic technology has been found in smartphones and computer and video games for many years but the innovations utilizing haptic technology is now integrating haptic technology into healthcare, transportation, robotics etc.
Some of the recent patents based on haptic technology:
Title: Eye tracking to move the cursor within view of a pilot
Assignee: Rockwell Collins, Inc. (Cedar Rapids, IA, US)
Publication Date: 28 Nov 2017
The present disclosure is directed to a method for managing a location of a cursor on a display. The method may include the step of receiving an input from a user. The method may also include the step of detecting a gaze of the user within the display. The method may also include the step of displaying the cursor on the display within the gaze of the user.
Title: NOVEL PORTABLE DEVICE HAVING A CHANGEABLE ILLUMINATED DISPLAY AND COMMUNICATIONS PLATFORM
Assignee: Eiland, Donald Curtis (Milpitas, CA, US)
Publication Date: 7 Dec 2017
The present invention relates generally to illuminated display devices and methods of displaying indicia, advertisements, etc. on a changeable illuminated display. The display device comprises a frame structure, a plurality of openings formed in the frame structure, the plurality of openings comprising first and second open spaces disposed at top and bottom positions, respectively, of the frame structure, and the plurality of openings further comprising a third open space disposed between the first and second open spaces. The display device further comprises a compact image display device operable to display an image, the compact image display device held and positioned relative to the frame structure such that first, second, and third different portions of the image, when displayed by the compact image display device, are visible through the plurality of openings first, second, and third open spaces, respectively. Additionally, control circuitry is coupled to the compact image display device.
Title: Haptic augmented and virtual reality system for simulation of surgical procedures
Assignee: IMMERSIVE TOUCH, INC. (Westmont, IL, US)
Publication Date: 7 Feb 2017
The present technology relates to systems, methods and devices for haptically-enabled virtual reality simulation of cerebral aneurysm clipping, wherein a user uses two physical stations during the simulation. The first station is a haptic and augmented reality station, and the second station is a haptic and virtual reality station.
The first thought that comes to creative intellectual mind in Industry 4 Era is Internet and combination with so many souls in the online world. What is Software? What is Software-Hardware Product? How to deploy Software-Hardware Patents?
A Trademark is a type of intellectual property protection, under which a word, phrase, visual symbol and/or design used by a company to distinguish its goods or services from other similar goods or services originating from a different company can be protected. A trademark registration will confer an exclusive right and legal certainty to the use of registered trademark by the right holder.
Trademark protection can be obtained by filing a trademark application with the relevant Trade Mark Registrar in the prescribed format and paying the required fees.
Once a trademark application is filed, the trademark registration application will be allocated to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then process the application and analyse it. The Trademark Officer will give its opinion about the Trademark in the form of an “Examination Report”. Based on the Examination Report, the trademark application is published in the trademark journal or an objection is raised for registration of Trademark.
If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to submit a written reply for the objections raised within 1 month from the date of receipt of examination report. The trademark examination reply should include reasons and evidences along with the supporting documents to prove the distinctiveness of the trademark and as to why the trademark should be registered. The application is allowed to be published in the Trademark Journal before registration only if the Trademark officer is satisfied by the reply. Thus, the reply to the Trademark examination report should address all the concerns raised by the Trademark Officer.
The Trademark Officer raises an objection for registration of trademark under Section 9 and Section 11 of “The Trade Marks Act, 1999”.
Section 9 of The Trade Marks Act, 1999 states the Absolute grounds for refusal of registration—
(1) The trade marks—
(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:
Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.
(2) A mark shall not be registered as a trade mark if—
(a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter;
(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950 (12 of 1950).
(3) A mark shall not be registered as a trade mark if it consists exclusively of—
(a) the shape of goods which results from the nature of the goods themselves; or
(b) the shape of goods which is necessary to obtain a technical result; or
(c) the shape which gives substantial value to the goods. \
Section 11 of The Trade Marks Act, 1999 states the Relative grounds for refusal of registration—
(1) A trade mark shall not be registered if, because of—
(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or
(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,
there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
(2) A trade mark which—
(a) is identical with or similar to an earlier trade mark; and
(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.
(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented—
(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or
(b) by virtue of law of copyright.
(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.
(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.
(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including—
(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;
(ii) the duration, extent and geographical area of any use of that trade mark;
(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;
(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;
(v) the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.
(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—
(i) the number of actual or potential consumers of the goods or services;
(ii) the number of persons involved in the channels of distribution of the goods or services
(iii) the business circles dealing with the goods or services, to which that trade mark applies.
(8) Where a trade mark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.
(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—
(i) that the trade mark has been used in India;
(ii) that the trade mark has been registered;
(iii) that the application for registration of the trade mark has been filed in India;
(iv) that the trade mark— (a) is well-known in; or (b) has been registered in; or (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or
(v) that the trade mark is well-known to the public at large in India.
(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—
(i) protect a well-known trade mark against the identical or similar trademarks;
(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.
(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.
Thus, if the Trademark officer has raised an objection under Section 9 or Section 11 of the Trade Mark Act, 1999, the reply must contain the judicial precedent and should prove the point with proper evidence.
The popularity of electric vehicles has shot up over the last few years with a great shift in the public’s attitude towards electric vehicles and a constantly improving public recharging system. Electric cars and trucks are powered by electricity and are cleaner and cheaper to drive than conventional vehicles. With a rapid increase in the use of personal vehicles around the world, the demand for fuel is also increasing. Transportation accounts for about one-fifth of global energy use, and passenger vehicles account for about ten percent of energy-related carbon dioxide emissions. In such a scenario, electric vehicles hold significant potential for increasing energy security, cutting emissions and improving local air quality.
Electric vehicles is a broad term that refers to a wide range of cars and other vehicles. However electric vehicles are of following types:
Hybrid-electric vehicles are powered by an internal combustion engine system with an electric propulsion system to reduce fuel consumption and tailpipe emissions. These advanced vehicles cut fuel use and costs while maintaining performance, protecting public health and the environment.
Plug-in hybrids are hybrids with high capacity batteries that can be charged by plugging them into an electrical outlet or charging station for short-range travel on battery power alone.
Battery electric vehicle run entirely on battery power, utilizing chemical energy stored in rechargeable battery packs thereby producing zero tailpipe emissions. They are recharged from an electrical outlet.
Fuel cell vehicles uses a fuel cell instead of an electrical battery. Fuel cell electric vehicles are powered by hydrogen. Unlike conventional vehicles which run on gasoline or diesel, fuel cell vehicles combine hydrogen and oxygen to produce electricity, which runs a motor.
Electric vehicles have several advantages over conventional vehicles like electric vehicles are energy efficient and environment friendly providing performance benefits and reduced energy dependence. However the market of electric vehicles is still developing, and there are many battery related challenges, particularly with technology integration, optimization, and scale-up.
Recent Patents filed in the electric vehicle market:
Title: ALL ELECTRIC VEHICLE WITHOUT PLUG-IN REQUIREMENT
Assignee: WELSCHOFF, Heinz (1820 NE 56th Court, Fort Lauderdale, FL, FL, US)
Publication Date: 14 Dec 2017
An electric powered vehicle includes a battery pack capable of storing electric energy, A fuel engine operated with a clean fuel. A generator or alternator 126 having communication with the engine, and supply electric energy to the electric driving motor A starter of the fuel engine activates when a sensed charge of the battery pack falls to or below the DMF value. Included is a second 128 and third generator or alternator 130 in communication with the fuel engine during periods when no electrical communication exists between the EDM and the battery pack. The second and third generators maintain an electrical output to the battery pack until the battery packs are fully charged. Included is a rear generator or alternator 152 in communication with a rear drive shaft assembly, or differential, including a level orientation sensor and a rotational velocity sensor communication between an output of such communication enabled upon any downhill motion of the vehicle above a predetermined operational velocity determined by the velocity sensor. A second rear generator 156 is controlled by an accelerator pedal, rpm sensor, electric clutch and is activated when no pressure is applied by a driver upon the accelerator pedal, permitting charging of the battery pack by the second rear generator 156 only upon a condition of zero acceleration. A third rear generator 300 is activated by the brake pedal and brake pedal switch does charge the battery packs 102/104.
Title: ELECTRIC POWERTRAIN, TRANSMISSION, AND VEHICLE
The present disclosure relates to a powertrain (K) for driving a vehicle (C). The powertrain (K) comprises two powertrain modules (Y,Y’) comprising each a rotating machine (M,M’) and a transmission (T,T’). The transmissions (T,T’) are arranged to align their respective output shafts (S2,S2′) towards a common wheel axis (A1) for driving a pair of opposite wheels of the vehicle (C). The first rotating axis (A3), the second rotating axis (A3) and a central axis (A0) of the powertrain K are parallel and offset with respect to the each other and the first rotating axis (A3) and the second rotating axis (A3′) are mirror-symmetrically offset on opposite sides of the central axis (A0). In this way a compact and versatile design is achieved.
Title: RESPONSE AMPLITUDE MODIFICATION FOR HYBRID ELECTRIC VEHICLE MISFIRE DETECTIONS
Assignee: FCA US LLC (1000 Chrysler Drive, Auburn Hills, Michigan, 48326, US)
Publication Date: 14 Nov 2017
Misfire detection techniques for a hybrid electric vehicle (HEV) including an internal combustion engine and an electric motor involve utilizing a crankshaft speed sensor configured to generate a crankshaft speed signal indicative of a rotational speed of a crankshaft of the engine that is coupled to the electric motor via a flywheel. The techniques also utilize a controller configured to control the electric motor to provide a vibrational response to dampen disturbances to the crankshaft, receive the crankshaft speed signal, selectively modify the crankshaft speed signal to obtain a modified crankshaft speed signal, and detect a misfire of the engine based on the modified crankshaft speed signal and a set of thresholds including at least one of a negative misfire threshold and a positive vibrational response threshold.
Title: IN-VEHICLE STRUCTURE OF ELECTRIC-POWER CONVERTER
Assignee: TOYOTA JIDOSHA KABUSHIKI KAISHA (Toyota-shi, JP)
Publication Date: 14 Dec 2017
In an in-vehicle structure described in the present specification, an electric-power converter is fixed onto a transaxle and positioned in front of a cowl top. The electric-power converter includes a capacitor configured to restrain a high-frequency fluctuation in a voltage of electric power supplied from a battery, and a discharge circuit configured to discharge the capacitor. A connector (a signal connector) to which a wiring harness for communication of a discharge instruction signal to operate the discharge circuit at a time of a collision is connected is provided on a side face of the electric-power converter, the side face of the electric-power converter being facing in a vehicle width direction.
Title: Electric machine for a vehicle, in particular for a utility vehicle, and method for protection against ingress of water
Assignee: MAN Truck & Bus AG (Munich, DE)
Publication Date: 12 Dec 2017
An electric machine for a vehicle, in particular for a utility vehicle, includes a rotor mounted rotatably on a shaft and a stator surrounding the rotor, at least one device of the electric machine located in at least one pressure chamber which is subjected at least intermittently to an overpressure which is elevated with respect to the ambient pressure. The over pressure in at least one pressure chamber protects against ingress of water
Title: System and method for aggregating electric vehicle loads for demand response events
Assignee: Honda Motor Co., Ltd. (Tokyo, JP)
Publication Date: 12 Dec 2017
A computer-implemented method for aggregating electric vehicle loads for demand response events includes receiving a demand response (DR) event request from a utility system indicative of a DR event for an area. The DR event request includes at least one event parameter for participation in the DR event. The method includes determining a first original equipment manufacturer (OEM) DR event load for the area based on the DR event request and charging data received from electric vehicles associated with a first OEM. Upon determining the first original OEM DR event load does not meet the at least one event parameter, the method includes aggregating charging data from electric vehicles associated with a second OEM with the first OEM DR event load to determine an aggregated DR load for the area.
Title: Electric vehicle
Assignee: SUZUKI MOTOR CORPORATION (Hamamatsu-Shi, Shizuoka-Ken, JP)
Publication Date: 12 Dec 2017
An electric vehicle capable of efficiently and reliably cooling a power converter disposed inside an exterior. An electric vehicle includes a frame extending in a longitudinal direction, a power converter being long in the longitudinal direction along the frame, and an exterior extending in the longitudinal direction to cover the frame and the power converter, the exterior defining a cooling air path between the power converter to allow cooling air to flow through the cooling air path along the longitudinal direction. The power converter extends in the longitudinal direction in the cooling air path, and includes a plurality of heat radiation fins protruding toward an inner surface of the exterior, and the exterior includes an air induction port provided at a front end of the cooling air path to allow travelling wind to flow into the cooling air path.
Innovations in food technology sector goes in accordance with the consumer demand for healthy and safe food and while simultaneously improving the quality and shelf life of the food product. The food industry is at present interested in some of the novel food processing technologies that improves the quality of food but at a low cost. The major industries constituting the food processing sector are grain milling, sugar, edible oils, beverages, fruits & vegetables processing and dairy products.
India has a rich agriculture resource and was ranked No.1 in the world in 2013 in terms of production of Arecanut, Bananas, Castor oil seed, Chickpeas, Chillies & Peppers dry, Ginger, Lemons & limes, Mangoes, Mangosteens, guavas, Millet, Okra, Papayas, Pigeon peas, Meat- buffalo, Milk-whole fresh buffalo & goat, Ghee, butter oil of cow milk, Ghee of buffalo milk and sesame seed. India ranks second in the world in the production of Anise, fennel, coriander, beans-dry, cabbages and other brassicas, cauliflower & broccoli, Egg plants (aubergines), Garlic, Groundnuts with shell, Lentil, Onions dry, Peas green, Potatoes, Pumpkins, Squash and Gourds, Rice/Paddy, Safflower seed, Sugar cane, Tea, Tomatoes, Wheat, Meat-goat, Milk whole fresh cow. Further, India is at third position in the production of Cashew nuts, with shell, Coconuts, Lettuce and chicory, Nutmeg, mace and cardamoms, Pepper (piper spp.) and Rapeseed.
India’s strategic geographic location and its close vicinity to food-importing nations makes India favourable for the export of processed food products. A total of 127 agro-climatic zones have been identified in India. Moreover, 42 Mega Food Parks (MFP) are being setup in India with an investment of USD 2.38 billion. The parks have around 1250 developed plots with basic enabled infrastructure that entrepreneurs can take on lease for the setting up of food processing and ancillary units. With an extensive network of food processing training, academic and research institutes, the cost of skilled manpower is relatively low in India as compared to other countries.
In order to promote innovations in food processing sector, Central and state governments have instated attractive incentives like capital subsidies, tax rebates, depreciation benefits, and reduced custom and excise duties for processed food and machinery.
Food processing is recognised as a priority sector in the Make in India policy and is one of the major employment oriented segments in India. With the growing awareness and concern for health and wellness, consumers are experimenting with different cuisines, tastes and new brands paving the way for new investment opportunities in the food processing sector. The recent patents filed in the Food processing sector in India are:
Title: INTELLIGENT FOOD COOKING MACHINE
Assignee: WANG Aiqun
Publication Date: 17 Nov 2017
Disclosed is an intelligent food cooking machine comprising a rack (1) a bowl storage mechanism (2) a distributing and fetching mechanism (3) a pushing mechanism (4) a microwave heating mechanism (5) and a delivering and lifting mechanism (6). The intelligent food cooking machine is combined with a coin feed device and a change device; a bowl filled with food is taken out from the bowl storage mechanism (2) via the distributing and fetching mechanism (3); when the bowl is put in a lower stop position of the distributing and fetching mechanism (3) the pushing mechanism (4) pushes the bowl into the microwave heating mechanism (5) to perform heating treatment; after the food in the bowl is heated the pushing mechanism (4) re pushes the bowl onto the delivering and lifting mechanism (6) and the bowl is delivered to a bowl fetching window (14) via the delivering and lifting mechanism (6) so that a process of intelligently heating the food and selling the food is realized; and the intelligent food cooking machine is simple in structure and convenient to use.
Title: FOOD PREPARATION APPARATUS AND METHOD
Assignee: KONINKLIJKE PHILIPS N.V.
Publication Date: 17 Nov 2017
Disclosed is a food preparation apparatus (100) comprising a food preparation compartment (101); a dielectric sensor (120) in said food preparation compartment a data storage device (130) storing food seasoning data as a function of a dielectric constant of the food product said food seasoning data relating to a plurality of condiments to be added to the food product; and a processor arrangement (110) coupled to said dielectric sensor. The processor arrangement is adapted to determine a dielectric property of a food product in the food preparation compartment from sensor data provided by said dielectric sensor; retrieve food seasoning data for the food product corresponding to the determined dielectric property from the data storage device; and for each condiment of said plurality generate a seasoning instruction signal for adding an amount of said condiment of said plurality to the food product based on the retrieved food seasoning data until all condiments of said plurality have been added to the food product. A method of automatically generating seasoning instructions for adding a plurality of condiments to a food product during preparation of the food product is also disclosed.
Title: VISCOUS FOOD PRODUCT GRINDING AND DISPENSING SYSTEM
Assignee: Trade Fixtures, LLC
Publication Date: 21 Nov 2017
A viscous food product dispensing system having a transport section for receiving a particulate food product from a bin, an auger for processing and conveying the received particulate food product from the transport section into an outlet adapter via one or more flutes, a milling device housed in the outlet adapter, and a discharge nozzle in the outlet adapter that pinches off the viscous food product created by the milling device. The auger has a unique design that allows it to engage and break whole nuts.
Title: FOOD PRODUCTS AND PROCESSES FOR PREPARATION THEREOF\
Assignee: SHIRODKAR, Jyoti
Publication Date: 17 May 2017
The present disclosure relates to pre-mixed barley based compositions comprising barley, cereals, pulses, spices, dry fruits and flavoring agents. The ingredients are present in pre-determined proportion to each other. Various food products can be prepared from the pre mixed barley based compositions, which can be consumed by healthy individuals as well as individuals suffering from obesity, dyslipidemia, diabetes, cardiovascular diseases, and the like. The present disclosure also provides a process for preparing the pre-mixed barley based compositions.
Title: METHOD AND SYSTEM FOR AUTOMATIC END-TO-END PREPARATION AND MANAGEMENT OF FOOD
Assignee: Vishnu Gurusamy Sundaram
Publication Date: 27 April 2017
The embodiment herein provide a method and system for providing an integrated cooking machine, which automates the process of cooking completely and support connected operation in the cooking such as share recipes, order recipes and even support connecting with the ingredient supplier ecosystem for ordering the required items. Thereby eliminating several food processing machines and even to the extent of removing kitchen in a house. The system includes electro-mechanical components for performing the cooking operation, which is driven by electronic circuits fed by programs that make this operation happen. The programs are stored in the device or downloaded from the cloud platform, which authenticates these machines and provide the required information. The system also has intuitive interface on the device to create recipes. The system is also configured to measure the output parameters of the food.
6). 2774 / MUM / 2014
Title: AUTOMATIC FOOD COOKING MACHINE
Assignee: MAHAVIR BABULAL, Suthar [IN/IN]; (IN).
BABULAL DOLATRAM, Suthar [IN/IN]; (IN)
Publication Date: 3 March 2016
The present invention relates to automatic cooking machine, without any human interaction. In the present invention, full Indian dish including roti / paratha, sabji, dhal and rice is processed, cooked and served in dishes automatically. In the present invention, all vegetables are controlled by the microcontroller / PLC system. It is about multiple different recipes saved in program and customized. Food cooking machine is eco-friendly & eco-user. The present invention is self cleaning and sterilizing which is controlled by microcontroller / PLC and all media of communication.
The primary goal of “Make in India” initiative was to make India a “Global Manufacturing Hub”. With both multinational companies and domestic companies manufacturing their products within the country, the significance of exports and the manufacturing sector in India has increased considerably. Several measures have been taken to ensure continuous and unending improvement of the Indian IP ecosystem in the country due to the need to extend such to exports for its proper commercialization.
Just as other Intellectual Property Rights, Trade Secrets are extremely valuable and sometimes even critical for a company’s growth and survival. Trade secret is a formula, process, device, method, technique or other business information having commercial value. This information is kept confidential and exclusive. Reasonable steps have been taken to maintain its secrecy to get competitive advantage over the competitors.
For example, Trade secrets like Coca-Cola’s formula for its aerated drinks have been preserved for many decades and is not in the public domain.
India has no specific law for the protection of trade secrets. But, Article 39 of Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement to which India is a signatory provides for the specific provision for the protection of undisclosed information.
Article 39 of the TRIPS Agreement states that:
In the course of ensuring effective protection against unfair competition as provided in Article 10b is of the Paris Convention (1967), Members shall protect undisclosed information in accordance with paragraph 2 and data submitted to governments or governmental agencies in accordance with paragraph 3.
Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices (10) so long as such information: (a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question (b) has commercial value because it is secret; and (c)
has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.
Members, when requiring, as a condition of approving the marketing of pharmaceutical or of agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, shall protect such data against unfair commercial use. In addition, Members shall protect such data against disclosure, except where necessary to protect the public, or unless steps are taken to ensure that the data are protected against unfair commercial use.
Unlike Patents and Copyrights which can be protected for about 20 years and 100 years respectively, trade secrets can potentially last much longer. A trade secret continues to remain a trade secret as long as any other person does not independently discover the information.Due to the absence of law for the protection of trade secrets, Indian courts have approached trade secrets protection on the basis of principles of equity, action of breach of confidence and contractual obligations.
In India, a person can be contractually bound to not disclose any information which is told to him in confidence and if the person discloses the information, he/she can be sued for violating the Non-Disclosure Agreement.
Companies can include a non-disclosure agreement in their employment contracts which prevents the employees to disclose any sensitive and confidential information regarding the company during their term of employment with the company or afterwards so that the secret is not spilled out. In cases where the trade secret is in a physical form like blueprints, files etc. a strict Security System should be in place so that this confidential information remains confidential.
If your business relies on sensitive information that you would consider to be a trade secret, we encourage you to consult with a legal practitioner for advice on maximizing its protection.
Step-wise Guide for Registering Trademark in India
Trademark Registration is a necessary step if you own a business or want to own a business. Your business name, identity, brand, logo, image etc. can be protected by registering Trademark for your business.
How to protect the design of the logo and the business behind it using the Trademark Law?
Before addressing how to trademark your business logo, we should define the terms “trademark” and “logo.”
The terms “Logo” and “trademark” are used interchangeably but they do actually differ slightly from each other. “A logo can be a trademark but a trademark cannot be considered to be a logo”.
A trademark is a unique name, symbol, phrase, motto, or graphic design that is specific to a company name, or its products and services and is used to distinguish the products of one seller from the other. The symbol ‘™’ designates that the name, symbol or word is a trademark-ed property belonging to a particular company and that specific drawing, logo, or phrase cannot be copied or used by any other business or person, unless specific authorization is given by the trademark owner.
A logo is a brand identity for representing businesses. A logo should represent the the characteristic spirit manifested in the attitudes and aspirations of the company it stands for. Sometimes people identify the company through the logo; although they might have forgotten the name. Registration of the logo as a trademark makes it a legal document which can be used in the court of law in case of brand infringement.
Selecting trademark for startup business can be tricky but at the same time rewarding to the startup. It is important to do proper research before filing for trademark for startup business in India.
Trademark of a brand has a lasting effect on its consumers. As a business owner, the startup thinks passionately about naming their new business, but while doing so, due consideration should be given to the following two points:
(a) “Unique & Novel” Trademark: The trademark should be new and unique.
(b) Non-conflicting to competitor in same field: The trademark should not conflict with existing trade names who have registered trademarks.
Business names, brand names, logos and taglines are protected legally by way of trademarks, and in case of conflicting names, it might result in a trademark infringement suit. Trademark for startup business should be unique to the business offering.
It is very important to name a business properly. Inorder to highlight the importance of naming a business, we will take an example of International Trademark Infringement.
A South Korean fried chicken restaurant recently lost a trademark battle with designer “Louis Vuitton”. The restaurant’s name- “Louis Vuiton Dak” was too similar to Louis Vuitton. In addition to the name infringement, the restaurant’s logo and packaging closely mirrored the designer’s iconic imagery.
The restaurant ultimately changed the name to “LOUISVUI TONDAK” and washit with another 14.5 million fine for non-compliance.
Therefore, as may be observed from the above case study, trademark for startup business should be unique, selecting a unique business name and legally protecting it by way of trademarks is very important. Companies can avoid expensive legal battles by avoiding mirroring their brand closely after another brand, even if the products and business strategy have nothing in common.
If a business involves multiple brands, a strong trademark strategy is crucial to manage them. It is advisable to keep business name different from brand name.
In accordance with Indian Trademark Law, it is not mandatory to file for a trademark, but it is highly advisable to file trademark for startup business, register a trademark for the name of your business as well as for the brand names of your products and services.
Accordingly, it is highly advisable to seek assistance from a Trademark Attorney.
Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.
IF YOUR STRATEGY AND DOCUMENTATION ARE IN PLACE WE GET”YOUR” TRADEMARK REGISTERED IN TWO- THREE WEEKS.
The Buzz word “STARTUP” is SEXY to hear to one of the human senses 🙂
There was a time and era in India where people use to introduce themselves as Business woman or Businessman in a conference. YOU like it or not even being in business for 12+ years I still have to opt for the word “STARTUP STRATEGIST” rather than the heavy word “LAWYER”.
According to today piece of news in BUSINESS STANDARD “Angel, seed stage deals down 40%”
Angel investors don’t see exits on the horizon as funding in the next stages is not as robust as it used to be
NOW is the RIGHT TIME to INVEST in STARTUPs in INDIA as the industry has matured and YOUNG DYNAMIC STUDENTS are taking up Entrepreneurship at an early age of 18yrs which was like a fairy tale story in early 2000.
As quoted in Forbes article: Sometimes there is nothing more relaxing than coming home after a tough day at work or going on vacation and picking up a great book and turning on some background music. Millions of people read with music playing, and now one app is working to bring those two worlds together into one digital experience, all-encompassing experience.
Newly-formed startup Bubo is looking to revolutionize how people consume both books and music with one of the first ever products that combines those two forms of media. The company pairs carefully crafted music with stories, with the tunes created specifically to match what is happening in the literature, some of which is already well-known, with other options that nobody has ever read before.
One of my personal favourite Startup co-founder quote by About.me founder Ryan Freitas
“Your reputation is more important than your paycheck, and your integrity is worth more than your career.” – Ryan Freitas, About.me co-founder
Invest in a young startup which is mentored by Industry expert. As we all know universal fact YOU are known by 5 people you are around. So select a STARTUP who has the ZEAL to Reach for the SKY. More than the number it is the execution of the ideas with small term and long term goals who will succeed in future. A very good example in INDIA is Zomato who rebranded their brand FOODIEBAY when Ebay opposed their trademark application in INDIA. It was an overnight affair and BOOM a new baby was born. SO be very careful while selecting brand name for your VENTURE before you are sued by the SHARKS 🙂
Zomato solved a problem and I talk this from my real life experience.
I was a regular visitor of Tibet Kitchen at connaught place in the back lane. All of a sudden it was closed down due to metro work. Anyhow not feeling disheartened I used to search about Tibet Kitchen online and ONE FINE DAY FOODIEBAY popped out with its lastest address.
Voila Moment for a Foodie like me !!
So coming back to the point, invest in the person rather than the idea. If simple formula can be applied investors can double the MONEY and earn $$$$$$. Currently, investors have turned cautious after the euphoria of 2015 and 2016 and are waiting for exits to rotate their money.
As said by Ravindra Krishnappa, an angel investor from Bengaluru
“People have come to realise that exits are going to be only in 5+ year timeframe, which means while angel investment is sexy, it has lower liquidity than other forms of investment”
YES, 5 year rule is very much applicable !!
Business idea is just like YOUR baby which has to be nurtured with ingredients of doing BUSINESS with passion and empathy. There is no shortcut to SUCCESS. Just like a new born baby who has to taught by the parents basic education before the kid enters KINDERGARDEN where the timeframe is again 4-5 years. So to bear the fruits one has to have the vision to ENVISION the future in the present state of affairs.
‘‘Angels have turned cautious and choosy as they have burnt their fingers. The frenzy that you saw earlier is no longer there. Earlier, a company would start and get funded. Now, investors want to see a lot more traction before they invest,” says Balaji.
Angel deals are down 47 percent since 2016 and 44 per cent since 2015, according to data compiled by research firm Venture Intelligence. Seed-stage deals are down 44 per cent and 42 per cent, respectively, while deal value fell 42 per cent and 38 per cent over 2016 and 2015.
Time to turn the table and invest in businesses who are able to fulfil the checklist. We at TCIS, India can assist and work with startups and investors to FILL the GAP which are existing in the current ecosystem. I would be taking closed door session at Bangalore on 22nd September. During the workshop, all sessions will have highly technical content with workshops catering to all levels of experience. The workshop aims to provide a comprehensive knowledge on e-valuation methods & approaches along with governance and regulatory requirements for Tech Start-ups.
This one day workshop is curated for ambitious Start-ups, Senior Executives and strategists from Tech Start-ups. All emerging entrepreneurs and PE/VC professional who are planning to enter into the Tech , Seasoned practitioners who want to bolster their skills to create and maintain a thriving business.
Title: Valuation and Fundraising for Tech Startups
Date: 22nd September 2017
Santosh N Director – National Management, Duff & Phelps (Formerly American Appraisal)
Anirudh Damani (Partner , Artha India Ventures)
Prity Khastgir (Founder & Director Tech Corp International Strategist (TCIS, India)