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Role of Mediation in patent infringement disputes

 

Mediation is a potentially efficient and cost-effective alternative to traditional litigation and arbitration. The use of mediation has become increasingly popular in several areas of dispute resolution and one such area is that of intellectual property (IP).

As the field of Intellectual property is vast, here the importance of mediation as an alternative to both litigation and arbitration in patent infringement disputes is discussed.

A patent can be defined as a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention typically for 20 years during which the product or process cannot be exploited by others.

Patent disputes typically arise when patent rights are breached i.e Patent infringement occurs when a third party makes, uses, sells, offers to sell a patented invention without the patent owner’s permission. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. Therefore, patent infringement disputes involve courts interpreting and evaluating the claims of a patent on which the protection is sought. This is a complex procedure and the litigation process often become expensive and complicated. In the defense of infringement party allegedly responds with a counterclaim of patent invalidity and a defendant involved in patent litigation may ask to reexamine the patent being litigated. During re-examination the court will reconsider the validity of original patent and whether it meets the statutory requirements of novelty, inventiveness and non-obviousness. If a defendant successfully pleads the defence of a patent the patent owner will lose not only the case but also the patent itself.  

Alternatively, mediation in patent infringement disputes can save time and money by avoiding the interpretation and reinterpretation of patent claims. Also, mediation removes the risk of patent invalidation and promotes creative solution in patent disputes. Moreover, unlike litigation, mediation process is confidential.  

For example- A company holding patent rights for a technology founds that its competing company is selling the same technology without any license. The concerned company threatens to file patent infringement case in all jurisdictions in which the company is holding patent rights. But the mounting cost of legal action would take a toll on the company and the litigation process is very time consuming. In such a situation, mediation is instrumental in transforming a hostile situation in which the parties were preparing to engage in prolonged and expensive litigation into one in which they were able to conclude an arrangement which suits the business interests of both parties and ensures the profitable use of the technology in the service of those interests.

Mediation is a great idea and can offer people a way of working things out without spending lots of money which could be better spent elsewhere to grow a business.

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Facebook v/s ConnectU Mediation Case study

 

The twin brothers- Tyler and Cameron Winklevoss claimed that Mark Zuckerberg stole the idea for Facebook from them and had brought Facebook against the Winklevoss’s company- ConnectU. The twin brothers initiated a law suit against Mr. Zuckerberg inorder to negotiate a settlement, accusing it of unfair business practices.

The district court in California ordered the parties to mediate.

Before the mediation began, both the parties signed a confidentiality agreement that stated that all statements made during mediation will not be made public and were inadmissible in any arbitral, judicial, or other proceeding. After all the arguments and discussions, a settlement agreement was signed that between both the parties and Winklevosses gave up ConnectU in return for cash and Facebook shares. The Settlement Agreement purported to end all disputes between the parties.

Just after signing the agreement, Winklevosses affirmed that there was a difference in their understanding of the value of the shares of Facebook that they had agreed to accept and that they had been defrauded (in violation of Section 10(b)-5) in the mediation. The twins claimed that Facebook led them to believe during the mediation discussions that Facebook’s share value was $35.90, even though Facebook’s internal tax valuation had determined its share value to be $8.88. Had they known about this valuation during the mediation, they claim, they would never have signed the Settlement Agreement.

Section 10(b)-5 is a regulation that deems it to be illegal for anybody to directly or indirectly use any measure to defraud, make false statements, omit relevant information or otherwise conduct operations of business that would deceive another person; in relation to conducting transactions involving stock and other securities. A party negotiating an exchange of shares to settle a lawsuit could violate Rule 10b-5 by misstating or hiding information that would materially change the other side’s evaluation of the settlement.

In support of these claims, the Winklevosses proffered evidence of what was said and not said during the mediation. However the statements were held inadmissible based on the confidentiality agreement signed by the parties that stated that “All statements made during the course of the mediation or in mediator follow-up thereafter at any time prior to complete settlement of the matter are privileged settlement discussions and are non-discoverable and inadmissible for any purpose including in any legal proceeding. Without such evidence, their securities claims must fail.

Further, the Winklevoss twins sought to invalidate the settlement agreement under Section 29(b) of the Securities Exchange Act of 1934 that voids any settlement agreement made in violation of Rule 10b-5. Winklevosses hired a team of lawyers and a financial advisor. Finally, the Court noted that the current valuation of Facebook appears to be three times what the Winklevosses were claiming they were entitled to demonstrating the value of settlement to be $160 million, that was mere $65 million at the time of the settlement.

However, a number of lessons can be learnt from this mediation case study. Whatever happens in mediation stays in mediation. Parties need to be sure that all essential information is included in the settlement agreement. The settlement agreement should be clearly-written. Since no statements made during mediation will be admissible and settlement agreement is the only admissible and enforceable document of mediation.

7 Simple Ways You Can Protect Your Idea From Theft

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Patenting Mind Control & Behaviour Modification Technology

Brain employs different control strategies. Mind or thought control can be defined as the inability of the human subjects to think autonomously. Initially mind control was considered a mere conspiracy theory but it is REAL!!

Companies like Microsoft and Facebook are coming up with “Brain -Computer Interfaces” which can help the users increase their concentration and think their way around a computer device, hands free.

The emerging discipline of network neuroscience and network control deals with modulating human brain network to treat cognitive deficits and /or enhance mental abilities. A lot of patents are being filed in this field.  

WO/2016/207246

Title: DEVICE AND METHOD FOR EFFECTIVE INVASIVE TWO-STAGE NEUROSTIMULATION

Assignee: FORSCHUNGSZENTRUM JÜLICH GMBH (Wilhelm-Johnen-Strasse, Jülich, 52425, DE)

Publication date: 29 Dec 2016

Abstract:

The invention relates to a device for stimulating neurons, comprising a stimulation unit, which can be implanted in the body of a patient and which has a plurality of stimulation elements for stimulating neurons in the brain and/or spinal cord of the patient with stimuli, and a control unit, which operates the stimulation unit during a first time interval and during a second time interval following the first time interval in different stimulation modes. The control unit controls the stimulation unit during at least 75% of the duration of the first time interval in a first stimulation mode such that the stimulation element repeatedly generate sequences of stimuli and the order in which the stimulation elements generate the stimuli within a sequence is constant for not more than 5 successively generated sequences and is then varied. The control unit controls the stimulation unit during at least 75% of the duration of the second time interval in a second stimulation mode such that the stimulation elements repeatedly generate sequences of stimuli and the order in which the stimulation elements generate the stimuli within a sequence is constant for at least 25 successively generated sequences and is then varied. The intensity of stimuli in the first stimulation mode is lower than or equal to a predetermined stimulus intensity and the intensity of stimuli in the second stimulation mode is at least 1.3 times the predetermined stimulus intensity.

US 20180012009

Title: METHOD AND SYSTEM FOR PROVIDING A BRAIN COMPUTER INTERFACE

Assignee: Arctop, Inc. (San Francisco, CA, US)

Publication Date: 11 Jan 2018

Abstract:

A method for providing a brain computer interface that includes detecting a neural signal of a user in response to a calibration session having a time-locked component and a spontaneous component; generating a user-specific calibration model based on the neural signal; prompting the user to undergo a verification session, the verification session having a time-locked component and a spontaneous component; detecting a neural signal contemporaneously with delivery of the verification session; generating an output of the user-specific calibration model from the neural signal; based upon a comparison operation between processed outputs, determining an authentication status of the user; and performing an authenticated action.

US 20170368348

Title: METHOD AND DEVICE FOR ENHANCING MEMORY CONSOLIDATION

Assignee: ICM (INSTITUTE OF THE BRAIN AND THE SPINAL CORD (Paris, FR)

APHP (PUBLIC ASSISTANCE – HOSPITALS OF PARIS (Paris, FR) 

NATIONAL CENTER FOR SCIENTIFIC RESEARCH (CNRS) (Paris, FR)

UNIVERSITY PIERRE AND MARIE CURIE – PARIS 6 (UPMC) (Paris, FR)   

 INSERM (NATIONAL INSTITUTE FOR HEALTH AND MEDICAL RESEARCH) (Paris Cedex 13, FR)

Publication Date: 28 Dec 2017

Abstract:

The present invention relates to methods and devices for consolidating memory and / or cognitive functions by monitoring brain dynamics and delivering a stimulus to the appropriate stage of sleep cycle.

US 9846483

Title: Headset with contactless electric field sensors for facial expression and cognitive state detection

Assignee: Oculus VR, LLC (Menlo Park, CA, US)

Publication Date: 19 Dec 2017

Abstract:

A head-mounted display (HMD) device includes a plurality of activity detection sensors coupled to a liner formed around a periphery of a HMD or a band attached to the HMD. The sensors attached to the liner are adopted for direct or indirect contact to an upper portion of a user’s face, and the sensors coupled to the band are adopted for direct or indirect contact with a back side of the user’s head. The activity detection sensors detect electrical field signals caused by muscle contractions in an upper portion of a user’s face or brain activity signals when the user is wearing the HMD. The HMD includes a module that reconstructs and projects a facial animation model of the user and a cognitive state of the user based on signals from the activity detection sensors while the HMD is in use by the user.

US 20170351958

Title: BRAIN ACTIVITY PREDICTION

Assignee: UNIVERSITAT ZURICH (Zurich, CH) 

UNIVERSITY OF FRIBOURG (Fribourg, CH)

Publication Date: 7 Dec 2017

Abstract:  

A method for estimating a brain activity response following a stimulus of a person comprises the steps: providing a usage data set of the person from a personal device used by said person, wherein at least one usage attribute is associated to said usage data set, wherein attribute data is associated to each of the at least one usage attribute, providing a computational inference model, generated from a plurality of brain activity data sets and a plurality of usage data sets, wherein each brain activity data set comprises data derived from a brain activity response following a sensory stimulus, submitting the attribute data of each of the at least one usage attributes to said computational inference model, estimating a brain activity response following a sensory stimulus of said person by evaluating said computational inference model for the submitted attribute data. The method is useful to determine, for example the influence of intensive touch pad usage (of a smartphone) on somatosensory evoked potentials.

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Balancing PATENTS & Affordable DRUGS

Pharma Sector in India is caught in the debate over the enforcement of Intellectual Property Rights (IPR) and access to affordable medicines. Affordable drugs are necessary and is a matter of great concern for the healthcare system. There is a need to refine the Drug policy in India in the light of growing concerns about patent filing in the pharma sector and access to cheap medicines.

Enforcement of Intellectual Property Rights encourages companies to invest in research and development. Most companies invest in research and development so that they can reap profits from the product developed. Patenting the product or process ensures that others do not replicate the concerned product to gain a share of the potential profits. But the critics of enforcement of intellectual property rights in the pharma sector argue that patents encourage monopolies. The pharmaceutical companies who patent drugs can sell those drugs at quite high prices because of no competition involved in the marketing of the drug.

The incomplete understanding of intellectual property rights (IPRs) is the real issue that India’s drug industry is facing. Currently, only 5% of medicines used in India are said to be patent-protected. Breakthrough therapies are being developed in the world but why these therapies are not made available to India but are being introduced in other countries?

It is observed that the new drugs and therapies encounter delay in marketing approval in India despite their global launch. Moreover the new drugs that are launched in India are produced and sold as generic versions by Indian manufacturers within one year of their introduction. Generic medicines are the copies of brand name counterparts of drugs originally developed by other companies. The rapid appearance of generic versions of medicines and delays in marketing approval display a lack of faith in the patent regime.

Patents are important in innovative sectors like pharmaceutical industry as they provide incentives for companies to invest in those sectors. Investment in innovation, research and development is an essential component of supporting an innovative and enterprising economy.

In order to link medical innovation with affordable treatment  a supportive role by the Government is required. The government should design a price-control mechanism without tampering the grant of patents. The government should deploy tools to reduce uncertainty in Intellectual Property Rights and to build an ecosystem that promotes medical innovation. We must achieve a balance between the current and future needs of patients and the timely introduction of existing and new pharmaceutical drugs.

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Innovation in the Mining Sector

India is a mineral rich country. The Mining Industry contributes significantly to the economy of India and provides basic raw materials to many important industries.  The distribution of minerals in India is uneven and many areas are yet to be fully explored. Exploration activities in India are mostly carried out by Geological Survey of India (GSI), Mining Exploration Corporation Limited (MECL), various State Directorates of Geological Mining (DGMs), public sector undertakings (PSU) and private sector entities both domestic and subsidiaries of many global companies.

India total land area 3.2875 million sq. km out of which, GSI has identified 0.571 million sq. km. as Obvious Geological Potential (OGP) area for minerals.

What are the reasons to invest in Mining Sector?

India has vast mineral potential  and Under the “Make In India Initiative” there is an ease of doing business in India.

For the companies interested in mining or for the raw material for their industry, Mining Lease & Licence grant  is done through auctions.

An Inter-ministerial Group facilitator is established by law for expediting the clearances and approvals in India.

The Geological Survey of India (GSI) has identified about 100 blocks for the exploration companies to venture into the revenue share model as enabled by the National Mineral Exploration Policy, 2016.

Mining leases in India are granted for longer and stable tenure of 50 years.

The demand for various metals and minerals is growing substantially. The recent innovations in the mining sector in US are:

US 9638017 B2

Title: Batch solution mining using lithological displacement of an evaporite mineral stratumand mineral dissolution with stationary solvent

Assignee: SOLVAY SA (Brussels, BE)

Publication Date: 2 May 2017

Abstract:

Batch initiation and/or exploitation phases of in situ solution mining of a mineral from an underground evaporite mineral stratum. The initiation phase may comprise a lifting step which employs a lithological displacement (lifting) of this stratum from an underlying non-evaporite stratum with application at the strata interface of a lifting hydraulic pressure greater than overburden pressure by a solvent suitable to dissolve the mineral; a soaking step for dissolution of mineral upon contact with stationary solvent, and a brine extraction step. The method may further comprise one or more exploitation phases carried out after the initiation phase. The exploitation phase may comprise a partial filing or filling step with the same solvent or different solvent than during lifting, another soaking step, and another brine extraction step. The lifting, cavity partial filing/filling, and brine extraction steps are being discontinuous. The evaporite mineral stratum preferably comprises trona.

2.) US 9822013 B1

Title: Selective mining enhanced recovery process

Assignee: Innovare Technologies Ltd. (Carlyle, CA)

Publication Date: 21 Nov 2017

Abstract:

Some embodiment of the present disclosure include a method and method for recovery of solution mined minerals. The method may include creating superheated steam using a steam boiler; passing the superheated steam through a turbine/generator to generate electricity; reheating the steam exiting the turbine/generator to saturation with a steam reheater; using the saturated steam with an absorption chiller to create chilled water; and recovering minerals using the chilled water in a cooling crystallizer system. In embodiments, the method and system may be used to recover minerals, such as potash (KCl), washing soda (Na2CO3.10H2O); nahcolite (NaHCO3); and glauber salt (NaSO4.10H2O). The method may utilize the trigeneration of steam, electrical, and chilled water utilities, which may be used for a recovery process.

3). US 9803458 B2

Title: Solution mining using subterranean drilling techniques

Assignee: TRONOX ALKALI WYOMING CORPORATION (Stamford, CT, US)

Publication Date: 31 Oct 2017

Abstract:

A method of solution mining a subterranean mineral ore deposit such as trona ore in which a borehole is drilled from a subterranean mechanically-worked mineral ore mining operation to connect a mineral ore bed to be solution mined, using subterranean drilling apparatus located proximate to the mechanically-worked mineral ore mining operation. The mineral ore bed is isolated from the mechanically-worked mineral ore mining operation by passage of the drilled borehole through an impermeable layer adjacent to the mineral ore bed to be solution mined. The mineral ore bed is then solution-mined using a mining solvent introduced into the mineral ore bed to solubilize the mineral and form a mining solution, and the resulting mining solution is withdrawn from the mineral ore bed.

4). US 20170325052 A1

Title: Method and Apparatus for Protecting a Miner

Assignee: Strata Products Worldwide, LLC (Sandy Springs, GA, US)

Publication Date: 9 Nov 2017

Abstract:

An apparatus for protecting a miner from injury by a machine in a mine includes an explosion-proof housing. The apparatus includes a proximity sensing portion disposed in the explosion-proof housing having a magnetic field source which produces a magnetic field that is used to sense a location of the miner relative to the machine. The apparatus includes a wireless communication portion disposed in the explosion-proof housing through which the magnetic field produced by the magnetic field source is changed remotely and wirelessly from outside the explosion-proof housing. A method for protecting a miner from injury by a machine. A system for protecting a miner from injury by a machine in a mine

5). US 20170291178 A1

Title: SYSTEM AND METHOD FOR COLLECTING HEAVY MINERALS

Assignee: Vortex Technology, LLC (Reno, NV, US)

Publication Date: 12 Oct 2017

Abstract:

The invention relates to a method and system for the environmental remediation of materials that are contaminated with heavy minerals, such as heavy metals. The invention finds utility in removing heavy minerals from materials such as soils, sediments, mine tailings and ores. The invention provides a means for removing heavy minerals from contaminated materials without the use of water while reducing the generation of dust. Thus, the invention provides an environmentally friendly method for the remediation of sites that are contaminated with heavy minerals.

The recent patents filed in the mining sector in India are:

201727036276

Title: MODIFIED MINERAL BASED FILLER COMPRISING COPPER SALTS

Assignee: OMYA INTERNATIONAL AG

Omya is a leading global producer of industrial minerals, mainly fillers and pigments derived from calcium carbonate and dolomite, and a worldwide distributor of specialty chemicals.

Publication Date: 12 Oct 2017

Abstract:

The present invention relates to a modified mineral based filler comprising at least one alkaline earth metal carbonate comprising material and at least one water insoluble copper salt comprising the copper mineral malachite in an amount of at least 10 wt. % which covers at least partially the surface of the at least one alkaline earth metal carbonate comprising material and a method of producing the same.

2). 201737036976  

Title: JAW CRUSHER MINERAL MATERIAL PROCESSING PLANT AND METHOD FOR PROCESSING MINERAL MATERIAL

Assignee: METSO MINERALS INC.

Metso Minerals Industries, Inc. manufactures and offers equipment, services, and process solutions to quarrying and aggregates production, mining and mineral processing, construction contractors and civil engineering industries.

Publication Date:  17 Oct 2017

Abstract:  

A jaw crusher a mineral material processing plant and a method for processing mineral material. The jaw crusher (100) comprises a fixed jaw and a movable jaw for forming a crushing chamber (3) therebetween which is open at the top the fixed jaw comprising a first wear part (1 ) mounted thereto and the movable jaw comprising a pitman (4) and a second wear part (2) mounted thereto; wherein the pitman (4) is rotatably mounted to a first eccentric shaft (8). The pitman (4) is further rotatably mounted to second eccentric shaft 9 configured to guide the stroke of the movable jaw to create a movement pattern with a substantially linear crushing stroke wherein the eccentricity of the second eccentric shaft (9) is larger than that of the first eccentric shaft.

3). 201717023428

Title: PLANT AND METHOD FOR RECOVERING METALS AND/OR METAL OXIDES FROM INDUSTRIAL PROCESS WASTE IN PARTICULAR REFINERY WASTE

Assignee: SAIPEM S.P.A.

SAIPEM is one of the global leader in drilling services, as well as in the engineering, procurement, construction and installation of pipelines and complex projects, onshore and offshore, in the oil & gas market.

Publication Date: 29 Sept 2017

Abstract:

A plant (1) for recovering metals and/or metal oxides from industrial process waste in particular oil product refining waste comprises a furnace (2); a feed line (30) connected to a main inlet (12) of the furnace for feeding the furnace with a solid waste containing metals in particular in oxide form; an outlet line (18) connected to a solid phase outlet (17) of the furnace for drawing a metal enriched solid phase out of the furnace; the furnace is a belt conveyor furnace (2) having a belt conveyor (9) closed in a loop with a substantially horizontal configuration and having a top face (11) which receives the waste to treat and conveys it between two longitudinal opposite ends (7 8) of the belt conveyor furnace (2) respectively provided with the main inlet (12) and the solid phase outlet (17).

4.) 201747012798

Title: AN UNDERGROUND MINING SYSTEM FOR REDUCED COSTS IMPROVED EFFICIENCIES HIGHER PRODUCTIVITY AND A SAFER WORKING ENVIRONMENT THROUGH PENETRATED BLOCK EXTRACTION

Assignee: UNDERGROUND EXTRACTION TECHNOLOGIES PTY LTD

Publication Date: 21 April 2017

Abstract:

The present invention relates to a mining method including the step of forming one or more sets of gate roads. Each set of gate roads includes at least two headings typically for providing and retuning ventilation. Dead end plunge cuts extend from the sets of gate roads. Each plunge cut is formed with a continuous miner coupled to a flexible conveyor system. Each plunge cut is greater than 30 metres in length. Advantageously narrow elongate pillars may be left between adjacent plunge cuts thereby resulting in greater material removal per volume and improved operating costs when compared with bord and pillar mining.

5). US 201717031232

Title: PROCESS FOR REMOVING HEAVY METALS FROM HYDROCARBONS

Assignee:  PETROLIAM NASIONAL BERHAD (PETRONAS)

Petroliam Nasional Berhad (PETRONAS) is Malaysia’s fully integrated oil and gas multinational ranked among the largest corporations on FORTUNE Global 500®.

Publication Date: 4 Sept 2017

Abstract:

This invention provides a process for removing mercury, from a mercury-containing hydrocarbon fluid. More specifically, the invention relates to a process for for the removal of mercury from a mercury-containing hydrocarbon fluid feed comprising the steps of: (i) contacting the mercury-containing hydrocarbon fluid feed with a metal perhalide having the following formula: [M]+[X]- wherein: [M]+ represents one or more metal cations wherein the metal has an atomic number greater than 36; an atomic radius of at least 50 pm and a 1st ionization energy of less than 750 kJ mol-1; [X]- represents one or more perhalide anions; and (ii) obtaining a hydrocarbon fluid product having a reduced mercury content compared to mercury-containing hydrocarbon fluid feed.

Garment Sector in India, Industrial Design Services, Innovation in the Textile & Garment Sector in India, strategic business advice, Textile Sector in India

Innovation in the Textile & Garment Sector in India

The Indian textile industry is one of the largest in the world with strength across the entire value chain from natural to man-made fiber to apparel to home furnishings. Technological innovation is a key driver of growth in the traditional textile and garment production value chain, advancing many manufacturing processes. India is the second largest textile fibre producer in the world and largest cotton and jute producer. With the launch of ‘Make in India’ project, effective measures are being taken by the government to achieve high growth and make India a manufacturing hub.

India offers a huge scope in the textile and garment sector with abundant availability of raw materials such as cotton, wool, silk, jute and man-made fibres. To boost the growth of textile and garment sector, a number of policies are being started by the government.  From natural fibre to yarn, fabric and apparel are produced within the country which gives India a competitive edge over other countries. India has access to Japan, South Korea, ASEAN, Chile markets which will grow in the future while negotiations with EU, Australia, Regional Comprehensive Economic Partnership (RCEP) countries is under process.

Textile and apparel sector contributes 14% to industrial production, 4% to India’s Gross Domestic Product (GDP) and constitutes 15% of the country’s export earnings providing employment to millions of people in the country.

INVESTMENT OPPORTUNITIES

Entire value chain of synthetics

Value added and specialty fabrics

Fabric processing set-ups for all kind of natural and synthetic textiles

Technical Textiles,

Apparel,

Retail brands

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Innovative Electrical Machines

Electrical machines have a wide range of applications. The variability in their sizes, flexibility of use and high efficiency confers several advantages for their use in vehicles, generation of renewable energy e.g wind power generators, aircrafts, automations, domestic appliances etc.

The Electrical Machinery Equipment Industry wants to make India the country of choice for the production of electrical equipments and has a set target of USD 100 billion. To achieve the target, the Electrical Machinery equipment industry of India is focusing on Research & Development; lowering of custom duties on a range of equipments; setting up of the Electrical Equipment Skill Development Council (EESDC);  the establishment of electrical equipment industry clusters; the enhancement of product-testing infrastructure in the country; an increase of shares in the export market and financial support.

Indian manufacturers are becoming more competitive with respect to their product designs, manufacturing and testing facilities. The market-oriented reforms and huge demand for power generation and transmission will increase the demand for electrical machinery in future.

With a large pool of available human resources, adequate workforce, increasing scope of direct exports to neighbouring countries, Indian Electrical Machinery Equipment Industry is a favourable investment destination. Moreover, delicensing of electrical machinery industry by the government has facilitated the entry of major global players in India.

Factors fueling to the growth of Electrical Machinery Industry:

  • Capacity creation in sectors such as infrastructure, power, mining, oil and gas, refinery, steel, automotive and consumer durables.
  • Significant Business opportunities due to nuclear capacity expansion.
  • Rapid increase in infrastructure investment and industrial production.

The research works in the industry are aimed at developing innovations that widen the applications of electrical machines and improve their efficiency. The recent patents filed in the Electrical machinery industry in India are:

201717024825

Title: ELECTRIC MACHINE STATOR WITH LIQUID COOLED TEETH

Assignee: PRIPPELL TECHNOLOGIES LLC

Publication Date: 13 Aug 2017

Abstract:

A system for cooling the teeth of an electric machine stator. The stator includes a stator core that may be formed of a plurality of laminations. Each lamination has a plurality of back iron apertures a plurality of tooth tip apertures and a plurality of elongated apertures. When the laminations are assembled to form the stator core the back iron apertures align to form back iron inlet channels and back iron outlet channels and the tooth tip apertures align to form tooth tip cooling channels. The elongated apertures are L shaped and connect the back iron inlet channels and back iron outlet channels to the tooth tip channels. Cooling fluid may flow for example axially through a back iron inlet channel azimuthally and radially inward through an elongated aperture to a tooth tip axially along a tooth tip channel and to a back iron outlet channel through another elongated aperture.

2). 201737019753

Title: ELECTRICAL ROTATING MACHINE WITH ONE SIDED COOLING AND METHOD FOR ONE SIDED COOLING

Assignee: SIEMENS AKTIENGESELLSCHAFT

Publication Date: 15 Sep 2017

Abstract:

The invention relates to an electrical rotating machine comprising a stator (1) a rotor (8) and a turbomachine (7) which is provided to cool the electrical rotating machine on the one side wherein the stator (1) comprises a laminated stator core (2) a front stator winding head (5a) and a rear stator winding head (5b) wherein the rotor (8) comprises a rear rotor winding head (6b). In order to improve cooling during the one sided ventilation in particular with respect to the prior art with regard to a uniform temperature distribution it is suggested that the laminated stator core (2) comprise channels (9a 9b) extending in the axial direction which are provided to cool the rear stator winding head (5b) with a second cooling air flow (14) generated by the turbomachine (7) wherein at least one first channel (9a) is provided to guide a second cooling air flow (14) generated by the turbomachine (7) through the laminated stator core (2) to the rear stator winding head (5b) wherein an air guide (4) which is fastened to the laminated stator core (2) on the side of the rear stator winding head (5b) is provided to bypass the second cooling air flow (14) via the rear stator winding head (5b) wherein at least one second channel (9b) is provided to guide the second cooling air flow (14) back from the rear stator winding head (5b) through the laminated stator core (2) wherein at least two radial slits (11) arranged in the axial direction which are arranged radially between the channels (9a 9b) running in the axial direction and an air gap (3) between the laminated stator core (2) and the rotor (8) and are connected to each other are provided to cool the laminated stator core (2) in particular the stator windings and/or the rear rotor winding head (6b) wherein the axial distance between the radial slits (11) to the side of laminated stator core (2) which faces away from the turbomachine (7) is reduced and is provided to compensate for a temperature gradient caused by one sided cooling.

3). 201717015346

Title: ELECTRICAL MACHINES WITH SMC CORES

Assignee: GKN SINTER METALS ENGINEERING GMBH

Publication Date: 13 Oct 2017

Abstract:

An electrical machine is disclosed. The electrical machine has a first part and a second part the first part moveable relative to the second part. One of the first part and the second part has a plurality of cores for current carrying windings. Each core is of soft magnetic composite material (SMC) and is shaped to be no wider at its ends than along its length

4). 201717002556

Title: ELECTRICAL MACHINE

Assignee: LIMANSKIY Valentin Grigoryevich

Publication Date: 9 June 2017

Abstract:

The invention described herein belongs to the category of electric motors and power generators and may be used, in particular, to generate electric and mechanical energy. The objective of the invention described herein is to expand the area of application, to reduce costs and to increase the specific power and efficiency of the electric machines. This electric machine comprises a rotor and a stator with winding coils and a control device. Stator winding coils are made as a system of radial and/or tangential coils connected in series and/or back-to-back; each coil has its own electric terminals. The control device can connect its electric contacts to the terminals of the corresponding stator winding coils in order to provide a chain control of electric current supply to the corresponding stator coils and thus to create, at each point in time, a pre-determined stator magnetic field in the electric machine, whether a rotating or a reciprocating one, depending on the spatial position and the magnetic condition of the rotor that performs rotating or reciprocating motions. The invention can be applied in the power industry, the transport industry, mechanical engineering, the construction industry, astronautics, and other fields of technology.

5). 201627034515

Title: ELECTRIC MACHINE

Assignee: FEAAM GMBH

Publication Date: 28 Oct 2016

Abstract:

Disclosed is an electric machine comprising a stator (1) and a rotor (21) that is mounted so as to be movable in relation to the stator the stator being provided with a plurality of slots (2) for receiving a stator winding. Exactly one conductor portion (3) of the stator winding is inserted into each slot. The conductor portions (3) are mutually short circuited in a short circuiting means on a first side (5) of the stator and are made as a single piece with said short circuiting means. On a second side (6) of the stator the conductor portions (3) are each connected to a terminal of a power supply unit (8) supplying adequate phase currents.

6). 201637027428

Title: ELECTRICAL MACHINE HAVING A FRAME AND SLEEVE

Assignee: SIEMENS AKTIENGESELLSCHAFT

Publication Date: 4 Nov 2016

Abstract:

The invention relates to an electrical machine (1) comprising a rotor (4) which is rotatably mounted around a rotation axis (5) extending in the axial direction (3) in bearing devices (16 17) a stator (7) having two axial ends an air gap between rotor and stator an interior chamber (10) encompassing the stator (7) and rotor (4) a sleeve (11) encompassing a first part (111) which encloses the interior chamber (10) a frame (12) having a first (123) and a second (121) longitudinal support (123) a first (122) and a second (124) cross support and a dividing device (2) on the frame (12). The stator (7) comprises a fastening device (15) for connection to the frame (12) and the dividing device (2) can make the interior chamber accessible from the outside in a plane parallel to the frame (12). The invention further relates to a collection to a frame (12) to a sleeve (11) or to a service or production method of such an electrical machine (1).

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Protecting Trade Secrets in India

How to protect TRADE SECRETS in India?

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:

  1. 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.
  2. 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.

  3. 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.

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