Sport and Technology
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Patent in Sports and Technology

Patent in Sports and Technology

Can you patent Sport based invention?

New and revolutionary sports technologies are protected under the intellectual property (IP) system by patents. The sports technologists have applied their creativity and expertise in multiplicity of ways ranging from developing better, safer and effective sports equipments to device for precise measurement of performance and ways to experience sporting events anywhere and at any time.

Protecting your patent rights for your invented sport & novel game is very important to reap the benefits and make money in the long run. Patents encourage investment in development and commercialization of new and improved products. However, as an inventor you need to determine whether the sport, game, sporting device, gaming apparatus, sport equipment is patent worthy or not.

Steps to follow to Patent in Sports Game:

Step 1: Carry out patentability research inorder to determine the novelty of the sport, game, sporting device, gaming apparatus or sport equipment.

Step 2: Prepare invention drawings with element list.

Step 3: File provisional patent to secure a patent filing date with the patent office. Step 4: Use “patent pending” status for marketing sporting and gaming devices, apparatus and equipments.

Step 4: File Non-provisional patent application within 12 months from first filing date.

Patent in Sports: Any equipment used in the new sport may be patentable, if the technology satisfies patentability criteria.

Example of Patent in Sports Game:

US 20170291063 A1 titled- “Sports Mat ” published on 12th Oct 2017 relates to a sports mat which consists of a flexible material and has a longitudinal direction (L) and a transverse direction (Q) perpendicular thereto, comprising a rectangular mat longitudinal subarea (2) and a rectangular mat transverse subarea (3) which intersects the mat longitudinal subarea (2) forming a T shape, an extension of the mat longitudinal subarea (2) in the transverse direction (Q) along a leg section (6) of the T being not more than half the size than a longest transverse extension of the mat transverse subarea (Q).

PCT/EP2015/073658 titled- “Fast radio frequency communication for sport timing applicationspublished on 21st April 2016 relates to Computer-implemented methods for managing communication between each of the plurality of wireless RF nodes and a base station using frequency hopping over M non-overlapping frequency channels in a wireless network is provided. The communication is carried out according to a time slot schedule comprising M time slot assemblies, each time slot assembly comprising at least one time slot for the base station to transmit, preferably by broadcast, data on a different channel of the M channels, and R time slots, R being an integer equal to or greater than 1, for one or more of the plurality of nodes to transmit data to the base station. The methods described herein enable a point-to-multipoint wireless communication system in an ISM frequency band that can provide a reliable RF data link even in an area that already comprises one or more WLAN networks that operate in the same ISM frequency band.

JP 2017185102 A titled- “A hand protection equipment selection supporting system for sports , and a method” published on 12th Oct 2017 provides a sports hand protection ship selection support system and the like which enable selection of an appropriate sports hand protection device suited to the shape of a hand of a selector, and the like. The selection support system 100 includes a three-dimensional shape measurement apparatus 1 for measuring a three-dimensional shape of a hand of a subject, at least a gesture is calculated on the basis of the measured three-dimensional shape of the hand, And a computing device 2 for selecting a type of a sports hand protection tool to be recommended for a subject. The calculation device calculates the horizontal dimension and the thickness direction dimension of the hand along the surrounding measurement position of the subject based on the measured three-dimensional shape of the hand of the subject, and is expressed by an approximate expression using each dimension, and the subject Calculating a circumferential length of an approximate curve approximating a cross-sectional shape of the hand along the surrounding measurement point of the sports hand; and a step of calculating, based on the stored surroundings of the sports hand protection tool, And selecting the type of sports hand protection as the type recommended for the subject.

US 20170281818 A1 titled- “Deodorizing glove holder for athletic gloves and other equipment” published on 5th Oct 2017 relates to a deodorizer for insertion into athletic and other equipment, having an outer housing that is infused with an antimicrobial agent and that has ventilation holes, and containing a moisture absorbing deodorizer within the outer housing. The deodorizer absorbs moisture that allows bacteria to grow and the antimicrobial infused outer housing kills existing bacteria, thereby reducing bacteria and odor.

US 20170318340 A1 titled- “Systems, Methods And Apparatus For Identifying Preferred Sporting Events Based On Viewing Preferences” published on 2nd Nov 2017 discloses various embodiments of systems, apparatus, and/or methods for identifying a preferred sporting event. A receiving device receives viewing preferences from a user, sports data from a sports data provider, and programming information for candidate sporting events from a content provider. The receiving device then analyzes the programming information for one or more preferred sporting events based at least in part on the user’s viewing preferences and the sports data. The user may then be notified of the preferred sporting event.

US 9807839 B1 titled- “Intermittent overdrive for sports lighting” published on 31st Oct 2017 relates to a method, apparatus, and system for operating wide area lighting systems. Operating costs, as well as capital and installation costs, can be reduced by designing the lighting system for operation of individual light sources at a first “normal” operating power for a majority of the time but having the ability to boost or increase operating power for “boosted” or increased light output for the same light sources of the system for a minority of cumulative operating time of the light sources. “”In one aspect, performance data about the LED light sources is evaluated relative to whether or not the light sources will have a predicted life expectancy on the order of the entire lighting system life expectancy. Operating power levels for boosted and normal LED lumen outputs are selected to comport with predictably meeting or exceeding lighting system life expectancy.

US 9802101 B1 titled- “Apparatus and method for counting attempts in a sporting game” published on 31st Oct 2017 relates to an apparatus for counting attempts in a sporting game includes a housing with a display for displaying at least a running count of attempts; wrist band means having opposing first and second sides, being connected at the first side with the housing, and being sized and configured to encircle a person’s wrist proximal the person’s palm; an input contact member mounted at the second side of the wristband means for movement upon contact with the person’s palm; an attempt input assembly operably connected with the input contact member to transmit an electrical signal upon detecting movement of the input contact member by the palm; and electronic processing and power elements for receiving input from the attempt input assembly and causing the display to display information related to the movement registered by the input contact member.

US 9802127 B2 titled- “Video game including user determined location information” published on 31st Oct 2017 relates to a method, apparatus and computer program product for a video game including user determined location information is presented. Location information (e.g. GPS, Google Maps, an entered address or the like) determined by a user of a video game is acquired. Then user determined location information relating to a physical location determined by the user is mapped to a video game environment wherein the user of the video game experiences objects from the users entered location while playing the video game.

Formulate a patenting strategy for your sport and game based invention. Discuss your invention research with our team of patent attorneys.

What is a framework for innovation? What is the growth strategy?
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From the “Idea phase” into the “Invention phase”

From the “Idea phase” into the “Invention phase”

Inspiration can be found anywhere if you look around and be open to it. Ideas are relatively easy to come. “Sit-at-tea-discussions”, which are now given a fancy term “brainstorming sessions” generate wonderful ideas. It takes a lot of knowledge, time, money and efforts to refine an idea into an invention.

2

But How do you begin with the idea process? First of all discover a problem. Take out a sheet of paper and write down whatever comes to your mind related to the problem; it doesn’t necessarily make sense and try to come up with a solution to the problem you just discovered. Only after you organize your initial idea, the actual design and development of your product will begin.

Turning an idea into  an invention — it takes lot of efforts and luck to launch a product into, and get that product accepted by, the marketplace. There are substantial barriers in the path of those who pursue innovation. Overcoming those barriers and accomplishing the tasks require careful planning and input from others.

You can’t just take an idea, plunk it down and say “OK, this is it.” You will be defining and tweaking your idea constantly even during development and prototyping.

Entrepreneurship can be a tough and long journey, and the success of your idea may be doubted by many people, even your family and friends! But remain focused on the value that your invention will deliver to your customers. You should be able to clearly explain the basic idea or concept behind your new product or service (in and out of the industry), have a prototype for demonstration of your new product or service, and you may seek professional advice to protect your intellectual property.

How will you determine if your idea will succeed?

One of the best ways to determine the success of your idea is to talk to people around, get customer feedback, before the complete development of the product/service and finalise your target market, pricing model and marketing strategy. Inorder to validate the entry of your product/service into the market carry out complete industrial trials for your product/service.

When you finally set out to launch your business, one of the most important trait you need as an entrepreneur is “Perseverance”. You’ll be told “no” many times but you’ve to move beyond the “no” and eventually, you’re going to get to a “yes.”

Understand that doing business isn’t a rocket science. No, it is definitely not easy to begin a business, but it’s not as complicated or as scary as many people think, either. It’s a step-by-step, common-sense procedure. So take one step at a time!!

 

Pneumococcal disease is a serious infection caused by a bacteria.
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Prevnar 13®”- Pfizer’s pneumococcal conjugate vaccine (PCV) Patent in India Case Study

Prevnar 13®”- Pfizer’s pneumococcal conjugate vaccine (PCV) Patent in India Case Study

Pneumonia is an acute respiratory infection which affects the lungs. It causes difficulty in breathing and limits oxygen intake. It can be caused by bacteria, fungi or viruses and is a contagious disease. Symptoms of pneumonia include cough, difficulty in breathing, fast breathing or wheezing. Infants may experience an inability to feed or drink, unconsciousness or convulsions, or worse. It is the biggest cause of death among infants in India due to infectious diseases accounting for nearly 20% of global infant pneumonia deaths.

“All our dreams can come true if we have the courage to pursue them.”-  Walt Disney

PFIZER is viewed as one of the “World’s biggest pharmaceutical companies”. The company creates and delivers medicines and vaccines for a wide range of restorative orders, including immunology, oncology, cardiology, endocrinology, and neurology.

Pfizer scientists have produced innovative breakthroughs in a wide range of research areas, including depression, high cholesterol, HIV infection, hypertension, bacterial infections and systemic fungal infections, cancer, arthritis, and osteoporosis.

“Opportunities don’t happen. You create them.” –  Chris Grosser

Indian Patent Office has granted Pfizer Inc. a patent for its powerful pneumonia vaccine“Prevnar 13® ” barring other companies from making affordable copies of the vaccine, giving Pfizer the exclusive right to sell it in India until 2026.

Prevnar 13® is a vaccine indicated for active immunization for the prevention of pneumonia and invasive disease caused by Streptococcus pneumoniae serotypes 1, 3, 4, 5, 6A, 6B, 7F, 9V, 14, 18C, 19A, 19F, and 23F.

There is no easy walk to freedom anywhere, and many of us will have to pass through the valley of the shadow of death again and again before we reach the mountaintop of our desires.” – Nelson Mandela

The grant of patent to Pfizer Inc.’s pneumonia vaccine, Prevnar 13® was opposed by Indian vaccine maker Panacea Biotec Ltd and MSF (Médecins Sans Frontières) India stating that this would make this vaccine out of reach of thousands in poor nations as several poor nations depend on India’s strong drug industry to supply cheaper copies of medicines and vaccines. The grant of patent for the pneumococcal conjugate vaccine (PCV)- Prevnar 13® means Indian companies won’t be able to make the vaccine for in-house use, or exports.

“If you’re not stubborn, you’ll give up on experiments too soon. And if you’re not flexible, you’ll pound your head against the wall and you won’t see a different solution to a problem you’re trying to solve.” – Jeff Bezos

Panacea Biotec Ltd has filed a review petition with the Controller of Patents seeking the cancellation of the decision of the patent. According to Panacea Biotec, Pfizer’s vaccine does not qualify as an invention as defined under the Indian Patents Act, 1970, and is, therefore, non patentable. Panacea Biotec is developing its own more affordable version of the pneumococcal conjugate vaccine (PCV). It is currently undergoing clinical trials.

“Happiness is a butterfly, which when pursued, is always beyond your grasp, but which, if you will sit down quietly, may alight upon you.” – Nathaniel Hawthorne

MSF(Médecins Sans Frontières) India approached the Delhi high court to revoke the patent. Leena Menghaney, the petitioner who is representing MSF (Médecins Sans Frontières) India said “A public health perspective used for scrutinizing pharmaceutical patent applications is an essential bulwark to ensure wider access to essential medicines and vaccines. Examiners in the Indian patent office must be aware that the decision they take to grant a patent can directly affect access to life-saving medicines and vaccines in India and across the developing world”.

Tech Corp International Strategist (TCIS, India)

Every business has a #strategy. We at TCIS facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point.

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Bee Vectoring Technologies

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Investing in passion. We invest in passionate founders with deep industry insights, providing capital and mentorship at the earliest stages of venture creation.

Granted Two Patents

About Bee Vectoring Technologies International Inc.

BVT has developed and owns patent-pending bee vectoring technology that is designed to harmlessly utilize bumblebees and honeybees as natural delivery mechanisms for a variety of powdered mixtures comprised of organic compounds that inhibit or control common crop diseases, while at the same time enhancing crop vigor and productivity. This unique and proprietary process enables a targeted delivery of crop controls using the simple process of bee pollination to replace traditional crop spraying, resulting in better yields, superior quality, and less impact on the environment without the use of water or disruptions to labour.

Bee Vectoring Technologies (the “Company” or “BVT”) (BEE) is feeling enthusiastic to announce that it has received notice of allowance of subject  patent applications in two new and significant agricultural sector and gets approval of patent on October 2,  2017.

Chile Patent No. 53.259: Represents the first patent protected  by the Company in South America.

Japan Patent No. 6066496: Represents the first patent protected in Japan, and increasing the strength of  the Asian patent portfolio which already includes a previously approved patent in China.

BVT CEO, Ashish Malik said “These patent approvals are important milestones for the company as Chile and Japan are significant anchor countries for the agricultural sector of South America and Asia respectively. The crop protection market in Chile and Japan combined is estimated to be US$2.7 billion. In particular, fruit and vegetable crops makes a wide portion of both the Chilean and Japanese markets, and both are amongst the largest markets in the world. Securing patents in North America, South America, Europe, Asia and Australia allows us to pursue the global market opportunity that exists for crop protection with confidence and helps ensure our approach of being first to market with our proprietary solutions.” Malik added “With these patents secured, BVT safeguards our competitive advantage and allows us to further our business development discussions with potential partners who are showing interest in working with us to introduce our system to growers worldwide. Many partners have a strong preference in working only with proprietary and patent-protected technologies. As we move through the commercialization process, these partners will be critical to our success in these markets and provide scalability quickly and efficiently.”

The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent publication number PL2693871 on 2011-04-07. The inventor of the present innovation under agricultural sector are Collision Michael and Howard D Hearn. The patent invention relates to treatment of growing trees or plants, for e.g. for preventing decay of wood, for tingeing flowers or wood, and for prolonging the life of plants. The innovation relates to a tray for positioning in an exit path of a bee hive comprises a base, a bee entrance end, and a bee exit end. Spaced apart side walls extend upwardly from the base. The sidewalls extend generally lengthwise between the bee entrance end and bee exit end. A plurality of posts extend upwardly from the base and are positioned between the bee entrance end and the bee exit end. The posts are generally circular in cross-section. The posts act as obstacles around which the bees must walk to reach the bee exit end from the bee entrance end.

The patent innovation would be classified as beehives, for e.g. ventilating devices, entrances to hives, guards, partitions, and bee escapes. However, the present innovation can also be classified as appliances for treating beehives or parts thereof, for e.g. for cleaning or disinfecting.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “Isolated strain of clonostachys rosea for use as a biological control agent” bearing publication number PE09492016 on  2013-09-11.The inventor of the present innovation under agricultural sector are Sutton John and Mason Todd Gordon. The patent invention relates to Symbiotic or parasitic combinations including one or more new plants e.g. mycorrhiza . The innovation Described is an isolated strain of the fungus Colonostachys rosea termed BVT Cr-7 useful as a biological control agent for the treatment of plants. The isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant. The innovation relates to a Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper  Substances for reducing the noxious effect of the active ingredients to organisms other than pests.

The innovation makes use of substance containing ingredients stabilising the active ingredients.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “Containing ingredients stabilising the active ingredients” bearing publication number US2016213006 on  2012-03-12.The inventor of the present innovation under agricultural sector are MASON Todd Gordon and Sutton John Clifford.The Patent invention relates to a  isolated strain, formulations comprising said strain and/or spores derived from said strain may be applied to plants or plant materials in order to improve plant yield, to improve plant growth, or for the treatment or prevention of diseases or pathogens in the plant.” The innovation described a powder plant treatment formulation for application to plants by insect vectoring includes: a plant treatment agent; a stabilizing agent bonded to the plant treatment agent for stabilizing the plant treatment agent; a moisture absorption agent for absorbing moisture from the formulation; an attracting agent for attracting the formulation to plants; and a diluent.The patent invention relates to Biocides, pest repellants or attractants, or plant growth regulators, characterised by their forms, or by their non-active ingredients or by their methods of application, e.g. seed treatment or sequential application; (apparatus for the destruction of noxious animals or noxious plants,fungicidal, bactericidal, insecticidal, disinfecting or antiseptic paper,Substances for reducing the noxious effect of the active ingredients to organisms other than pests.The Invention makes use of  a substance that contain ingredients stabilising the active ingredients.

The patent applicant Bee Vectoring Tech Inc filed a patent titled “APPARATUS FOR TREATMENT OF PLANTS” bearing patent  number US9526233 on 2016-12-27. The inventor of the present innovation under agricultural sector are Collinson Michel Howard D Hearn and Kevan Peter G. The patent innovation relates a bee vectoring apparatus includes a tray for positioning in the exit path of a beehive. The tray includes a bottom, a bee entrance end, and a bee exit end. The apparatus includes a tray lid positioned above the bottom, with first and second barrier walls extruding downwardly from the lid. A ceiling extends between bottom ends of the first and second barrier walls. The patent invention would contain some other details of beehives, e.g. ventilating devices, entrances to hives, guards, partitions, bee escapese e.t.c.

BVT has also filed a patent application with the US patent office for  novel system that allows the delivery of plant protection products to crops using commercial honeybees.

The Company is pursuing an aggressive Intellectual Property (IP) strategy that covers five different patent families and 60 patent applications worldwide. The IP strategy supports the Company’s documented growth strategy to selectively expand its market opportunities while it drives towards commercialization of its proprietary system in the US.

BVT’s technology described in these patents includes a specialist apparatus for the treatment of plants with inoculants and control agents to manage diverse diseases and pests and enhance the yield and quality of crops. The inoculants and control agents are housed in proprietary removable trays within a dispenser system that is incorporated in the lid of commercial bumble bee hives.

The bumblebees pick up the inoculant on their way out of the hive and deliver the treatment to the plant in a very targeted and sustainable way.

Our delivery platform provides a groundbreaking management system that delivers highly targeted and effective pest and disease control and improves the quality of your crop.We combine our active ingredients and easy to use tray system with the natural pollination process of commercially reared bees. This provides the foundation for a season-long pest and disease management program with a biological control that is safe for bees, people and the environment. Ashish Malik, President & CEO Neither TSX Venture Exchange nor its Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release.

This press release contains certain “forward-looking statements” that involve known and unknown risks and uncertainties. All statements in this press release, other than statements of historical fact, that address events or developments that BVT expects to occur, are forward-looking statements. Forward-looking statements in this press release include, but are not limited to, statements with respect to BVT’S future plans and technologies, including the timing of such plans and technologies. Forward-looking statements are statements that are not historical facts and are generally, but not always, identified by the words “expects”, “plans”, “anticipates”, “believes”, “intends”, “estimates”, “projects”, “potential”, “indicate” and similar expressions, or that events or conditions “will”, “would”, “may”, “could” or “should” occur. Although BVT believes that the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results may differ materially from those in forward-looking statements. Factors that could cause the actual results to differ materially from those in forward-looking statements include continued availability of capital, financing and required resources (such as human resources, equipment and/or other capital resources), and general economic, market or business conditions. Investors are cautioned that any such statements are not guarantees of future performance and actual results or developments may differ materially from those projected in the forward-looking statements.

 

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WHEN to BE ANGEL: Startup Ecosystem in India is Booming

The Buzz word “STARTUP” is SEXY to hear to one of the human senses 🙂

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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

HOWEVER………..

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.

How to generate different types of IPRs from existing business venture and why protecting IPRs is the need of an hour for raising funds?
Why Protecting IPRs is the need of an hour for Raising VC funds?

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.

Valuation & Fundraising for Tech Startups in Bengaluru

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.

Training details:

Intellectual property valuation patent lawyer

Title: Valuation and Fundraising for Tech Startups

Date: 22nd September 2017

Location: Bengaluru

Trainers: 

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)

Kapil Bellubi (Director – Valuations, Deloitte)

Why You Should Attend?

BRAND VALUATION patent lawyer APPROACHES AND METHODS

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INFRINGMENT OF TRADEMARK – Case Study

Intellectual Property Rights- INFRINGMENT OF TRADEMARK 

In this era of increasing competition among brands and intellectual property laws becoming more stringent and difficult to comply with, infringement of these laws comes as a direct consequence. This article embodies a case study of such infringement with specific focus on an important part of the intellectual property rights, that is-Trademark.

Similarity in sound and phonetics and the way it is used is an important factor in determining whether the marks are confusingly similar.

Trademark infringement by phonetic and visual similarity is statutorily included in section 29(9) of the trademarks Act 1999 wherein it is stated that “Where the distinctive elements of a registered trademark consist of or include words, the trademark may be infringed by spoken use of the words as well as their visual representation and the reference in this section to the use of the mark shall be construed accordingly.”

In this view the legislature has stated such phonetic similarity as an infringing activity and has made clear that the pronunciation of a brand’s tagline (an important factor in the following case) is an establishing factor of potential infringement.

THE CASE STUDY 

Wipro Enterprises Limited vs Heinz India Pvt. Ltd on 10 June, 2015

The plaintiff (Wipro) had asserted that their trademark “BOLTS” which was created and adopted to sell their glucose chewy tablets had been infringed by the defendant (Heinz) which used a phonetically and visually similar mark name “VOLT” with a similar tagline.

The Hon’ble Madras High Court observed that since both the plaintiff and defendant used their trademarks i.e. BOLTS and VOLT respectively with their house names prefixed i.e. GLUCOVITA BOLTS and GLUCON-D VOLT respectively.

The court stated that the plaintiff cannot have exclusive right over the word BOLTS as it was generic and common in nature and both the plaintiff and defendant had used a prefix or a suffix to properly display the distinction.

The factual aspect of the case would be the determining factor for the judgement, the court reiterated. It also stated that a word may acquire a secondary meaning and could become an exclusive right by long, uninterrupted and continuous usage which was clearly not the case here as BOLTS was there in usage only for the past 2 years.

The court recapitulated that the trademark must be seen and judged on its entirety and completeness and not in parts or isolation which is why all arguments about identical colours used visual similarities etc. were dismissed. It must be viewed in an all round perspective and whether a word has a secondary meaning should be established only during the course of the hearing.

There were many similarities which were stated by the plaintiff including the price in perforated circle display and the thunder/flash of lightening symbol. The court held that many of the above similarities were found to be a common industrial practice and some of the symbols were generic to display and portray energy, stamina etc. Some of the similarities submitted by the plaintiff were even found to be dissimilar by the court.

The plaintiff used the tagline “INSTANT ENERGY, ANYTIME, ANYWHERE” whereas same for the defendant was “ENERGY OF GLUCON-D … ANYWHERE, ANYTIME”. The phrase “ANYTIME, ANYWHERE” was not used by the plaintiff in the trademark sense to denote origin/source of the product; rather it was used in a descriptive sense, the court observed.

Nothing was there to show as concrete evidence that the plaintiff had undertaken extensive advertising, was using the above tagline for a long period of time or the tagline was associated with the plaintiff’s product only or that the plaintiff had exclusive rights over its usage. After investigation it was also found that the tagline was printed only on the jar containing the products of the plaintiff and not on the cylindrical plastic wrapper covered tube which contained the chewing tablets.

The Hon’ble court hence rejected the senior counsel’s plea that the expression “INSTANT ENERGY. ANYTIME, ANYWHERE.” found on the label ought to be protected by way of application for temporary injunction.

CONCLUSION

In India, where culture is enriched by a diversity of languages and scripts, the courts have to consider how the rival marks are spelt and pronounced in languages in which they are commonly used. They have to assess the psyche of an Indian consumer and associated with that traits and qualities that underlie the spelling and pronunciation of words and then consider the usage of words and the manner in which it is similar to the pronunciation of the rival marks.

Whether the ordinary customer is likely to believe that the defendant’s mark is associated with the mark and the trading style of the plaintiff are the main test and not whether the consumer ends up buying the product of the defendant instead of the plaintiff because of such similarity in marks. The phonetic, visual and structural makeup of the words should be so strikingly similar as to lead to a likelihood of deception.

Section 29(2) of the Trade Marks Act 1999 recognizes the concept of likelihood of association wherein the consumer is likely to believe that the defendants’ mark has an association/affiliation/connection with the plaintiff. Thus in Section 29(2) read with section 29(9), the legislature has included the spoken use of the words also; therefore, it is evident that the pronunciation of the trademark is clearly a determining criterion in ascertaining infringement.

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Inventorship and Ownership of Patents?

 

Who is the owner of the patent?

Inventorship and Ownership of a patent are separate and distinct issues. Disputes mainly arise over ownership of inventions between employees and employers.

Generally, the inventor owns a patent. However, the inventor and the owner of the patent may be different. This typically occurs when the inventor assigns the patent to an entity, such as a corporation or a university.

Complex and serious legal issues involving the ownership of a patent often arise when inventorship or the duty of an inventor to assign the patent is not clearly defined.

With patents, the concepts of inventorship and ownership, though related, are distinct:-

Inventorship is a legal concept that is based upon who meets the requirements to be an inventor.

The concept of Ownership relates to who actually owns the legal rights associated with the patent.

In the case of an Independent Inventor, the inventor and the owner of a patent are usually the same. In a University or a Corporate Setting, the inventor does not own the patent. Rather, the University or Corporation is the owner.

Patent applications filed in the United States must be filed in the name of the person who invented the invention.

The act of invention has two parts, “Conception” and “Reduction of Concept to practice.”

Conception is the formulation in the mind of the inventor of the complete means for solving a problem in such a way that a person skilled in the relevant art could practice the invention by following the inventor’s conception.

However, an invention is not complete following conception, It must further be reduced to practice. This can be accomplished in one of two ways.

 There may be an “actual” reduction to practice, which is when the invention is made and tested to determine that it works.

However, reduction to practice does not require the invention to be made. An invention can be “constructively” reduced to practice by filing a patent application claiming the invention.

For purposes of invention, a constructive reduction to practice is considered to be equivalent to an actual reduction to practice.

The inventor is the individual who has concept of the invention, provided of course that there has been a reduction to practice. An individual who reduces the invention to practice by following the conception of the inventor is not considered to be an inventor.

There may be only one inventor, which occurs when one person has conceived of the entire invention. Very commonly, however, invention is a collaborative process involving two or more people. When more than one person contributes to the conception of an invention, each is considered to be a joint inventor.

Joint inventors do not have to have physically worked together on the invention. There must have been some collaboration, however, and each of the inventors must have worked on the same subject matter and must make some contribution to the conception of the invention as it is claimed in the patent. All of the joint inventors do not have to be inventors of every claim.

Even if an individual contributes a conception to only one claim in a patent, that individual is still a joint inventor of the entire patent.

Each of the joint inventors are named on the cover page of a patent. The order of the names of the inventors has no legal significance.

The rights in the patent of one named inventor are the same as those of each of the other named inventors, irrespective of the order in which they are listed.

One final point concerning inventorship is that an individual who has not contributed to the conception of the invention is not an inventor, and is not permitted to be listed on the patent as an inventor.

Even if someone has contributed a large amount of money to permit the inventors to work, or if someone heads the research department in which the inventors work, that person is not an inventor.

Inclusion of such a person’s name as an inventor on a patent, with knowledge that the person does not qualify as an inventor, can result in invalidity of the patent. Therefore, that person’s name must not be listed as an inventor on the patent.

Absent any contrary agreement or duty to assign the patent, the named inventor is the owner of the patent.

As the owner of the patent, the inventor has the right to prevent others from making, using, selling, offering to sell, or importing the patented invention.

If there are joint inventors, unless there is a contract, each of the inventors has an undivided interest in the entire invention as claimed in the patent.

Each of the joint inventors may practice the invention without consent of the other inventors and without any duty to pay the other inventors a portion of the profits from the exploitation of the patent. There is no fiduciary duty between the joint inventors.

Also, each joint inventor may license the patent without approval of the other inventors and without paying them a share of any royalties received from the licensee.

Because of this, in any situation involving more than one inventor, the inventors should agree by contract how the rights in the patent will be apportioned.

For example, the inventors may agree that all proceeds from licensing the invention will be split regardless of which inventor actually licenses the invention, or that each of the inventors will have separate exclusive rights to the patent in different geographical regions of the territory.

Often, inventors assign their inventions to their corporate or university employers. When this occurs, inventorship and ownership of the patent differs.

Here, the corporate or university assignee, and not the inventors themselves, owns the rights in the patent.

Unless there is an agreement requiring it, the assignee/owner does not have to make any payments to the assignor/inventor for exploiting the patent.

An obligation to assign a patent usually arises when there is a contract between the inventor and the assignee requiring an assignment, such as when a contractor is hired to solve a particular problem, or when certain employer/employee relationships exist.

Generally, an employee must assign an invention to an employer if the employee has a specific contractual obligation to assign or if the employee was hired to invent or is directed by the employer to solve a particular problem.

Although courts have divided on this issue, employees who have been hired to do research in general usually do not have to assign their inventions to their employers. Also, employees who have been hired for purposes other than to do research have no duty to assign their inventions to the employers.

Of course, parties may define their rights by contract. It is a good idea for companies and universities to have contracts in place with their researchers that require assignment of any invention discovered in the course of their employment.

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SEBI – Securities and Exchange Board of India

‘SEBI’ – Securities and Exchange Board of India for Investors 

FDA lawyer attorney in India,

Securities and Exchange Board of India for Investors established under the Securities and Exchange Board of India Act, 1992

Just like the U.S.’s Securities and Exchange Commission (SEC) in US, we have Securities and Exchange Board of India (SEBI) in India. Securities and Exchange Board of India (SEBI) is the assigned regulatory body for the fund and venture showcases in India. The board assumes a fundamental part in keeping up steady and productive budgetary and speculation showcases by making and implementing successful direction in India’s monetary commercial center.

The SEBI was built up in 1988 yet was just given regulatory powers on April 12, 1992, through the Securities and Exchange Board of India Act, 1992. It assumes a key part in guaranteeing the solidness of the money related markets in India, by drawing in outside investors and securing Indian investors. SEBI was worked by the legislature of India. Its central command is situated at the Bandra Kurla Complex Business District found in Mumbai. It additionally has northern, eastern, southern and western provincial workplaces.

SEBI’s administration is made out of its own individuals. Its administration group comprises of an administrator selected by the Union Government of India, two individuals who are officers from the Union Finance Ministry, one part from the Reserve Bank of India and five different individuals who are likewise designated by the Union Government of India.

SEBI CAPACITIES AND RESPONSIBILITIES

SEBI’s Preamble portrays in detail the capacities and forces of the board. In this light, as a board, SEBI must be responsive and proactive to the necessities and enthusiasm of the gatherings that constitute India’s budgetary and venture advertises: the investors, the market middle people and the backers of securities.

SEBI is permitted to support by-laws of stock exchanges. SEBI additionally assesses the books of records of budgetary middle people and requests standard comes back from perceived stock exchanges. SEBI’s part covers convincing specific organizations to list their offers in stock exchanges. Beside these, SEBI is entrusted to deal with the enrollment of agents.

At last, the board has three forces: quasi-judicial, quasi-legislative and quasi-executive. SEBI has the privilege to draft directions under its legislative limit, lead examinations and force activity under its executive capacity, and pass new principles and requests under its judicial limit. In spite of these forces, the aftereffects of SEBI’s capacities still need to experience the Securities Appellate Tribunal and the Supreme Court of India.

POWERS OF SEBI

For the release of its capacities effectively, SEBI has been vested with the accompanying powers:

  • To affirm by−laws of Securities exchanges.
  • To require the Securities exchange to correct their by−laws.
  • Assess the books of records and call for periodical comes back from perceived Securities exchanges.
  • Assess the books of records of monetary delegates.
  • Force certain organizations to list their offers in at least one Securities exchanges.
  • Enlistment dealers.

There are two sorts of agents:

  • Circuit agent
  • Trader dealer

SEBI committees

Technical Advisory Committee

Committee for audit of structure of market foundation organizations

  • Advisory Committee for the SEBI Investor Protection and Education Fund
  • Takeover Regulations Advisory Committee
  • Primary Market Advisory Committee (PMAC)
  • Secondary Market Advisory Committee (SMAC)
  • Common Fund Advisory Committee
  • Corporate Bonds and Securitization Advisory Committee

India is one of the quickest developing economies. India witnessed a lot of foreign interest in the recent years. The government has defined its Policy pointing towards drawing in an ever increasing number of funds considering the residential business concerns at the same time.

Foreign direct investment (FDI) in India is the major money related hotspot for financial improvement in India. Foreign organizations put directly in quickly developing private Indian businesses to take advantages of less expensive wages and changing the business condition of India. Financial advancement began in India in wake of the 1991 monetary emergency and from that point onwards FDI has relentlessly expanded in India.

Additionally, apart from being a basic driver of monetary development, Foreign Direct Speculation is a noteworthy wellspring of non-obligation money related asset for the financial advancement of India.

The Indian government’s ideal policy administration and strong business condition have guaranteed that foreign capital continues streaming into the nation. The government has taken numerous activities as of late, for example, unwinding FDI standards crosswise over parts, for example, resistance, PSU oil refineries, telecom, control exchanges, and stock exchanges, among others.

POLICY AND REGULATORY FRAMEWORK TOWARD FDI

The Government has set up a policy structure on Foreign Direct Investment. Which is encapsulated in the Circular on Consolidated FDI Policy, issued which is refreshed like clockwork, to catch and keep pace with the regulatory changes. The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India makes policy professions on FDI through Press Notes/Press Releases which are informed by the Reserve Bank of India as revisions to the Foreign Exchange Management (Transfer or Issue of Security by Persons Resident outside India) Regulations, 2000.

The procedural directions are issued by the Reserve Bank of India vide A.P. DIR. (arrangement) Circulars. Along these lines, regulatory system for FDI comprises of Acts, Regulations, Press Notes, Press Releases, Clarifications, and so forth.

FDI policy is looked into on a progressing premise and measures for its further advancement are taken. Change in sectoral policy/sectoral value top is told every once in a while through Press Notes by the Department of Industrial Policy and Promotion. Policy declaration by DIPP is accordingly informed by RBI under FEMA.

SECTION ROUTES FOR INVESTMENTS IN INDIA

Under the Foreign Direct Investments (FDI) Scheme, investments can be made in shares, obligatorily and completely convertible debentures and compulsorily and completely convertible inclination shares1 of an Indian organization by non-occupants through two routes:

Automatic Route: Under the Automatic Route, the foreign investor or the Indian organization does not require any endorsement from the Reserve Bank or Government of India for the speculation.

Government Route: Under the Government Route, the foreign investor or the Indian organization ought to get the earlier endorsement of the Government of India, Ministry of Finance, and Foreign Investment Promotion Board (FIPB) for the venture.

MARKET SIZE

As per Department of Industrial Policy and Promotion (DIPP), the aggregate FDI investments India got amid April 2016-March 2017 rose 8 per cent year-on-year to US$ 60.08 billion, demonstrating that government’s push to enhance the simplicity of working together and unwinding in FDI standards as yielding outcomes.

Information for April 2016-March 2017 shows that the administration’s area pulled in the most astounding FDI value inflow of US$ 8.69 billion, trailed by broadcast communications – US$ 5.56 billion, and PC programming and equipment – US$ 3.65 billion. Most recently, the aggregate FDI value inflows for the long stretch of March 2017 touched US$ 2.45 billion.

Amid April 2016-March 2017, India got the most extreme FDI value inflows from Mauritius (US$ 15.73 billion), trailed by Singapore (US$ 8.71 billion), Japan (US$ 4.71 billion), Netherlands (US$ 3.37 billion), and USA (US$ 2.38 billion).

“Indian affect investments may grow 25 per cent every year to US$ 40 billion from US$ 4 billion by 2025,” as per Mr. Anil Sinha, Global Impact Investing Network’s (GIIN’s) counsel for South Asia.

Further, with a specific end goal to fit the different access routes for foreign portfolio interest in India, the Indian securities advertise controller i.e. Securities Exchange Board of India (“SEBI”) has presented another class of foreign investors in India known as the Foreign Portfolio Investors (“FPIs”). This class has been shaped by consolidating the current classes of investors through which portfolio investments were already made in India specifically, the Foreign Institutional Investors (FII’s).

Qualified Foreign Investors (“QFIs”):

QFIs are characterized under SEBI roundabout no. CIR/IMD/DF/14/2011 dated August 9, 2011, as foreign investors who are qualified to put resources into value and obligation plans of Mutual Funds in India and are occupant in a nation that conforms to the Financial Action Task Force principles and is additionally signatory to International Organization of Securities Commission’s Multilateral Memorandum of Understanding.

Sub-accounts:

Sub-accounts are characterized under direction 2(k) of SEBI (Foreign Institutional Investors) Regulations 1995 as any person inhabitant outside India for whose benefit investments are made by FIIs in India and who is enlisted as sub-account under these controls. They incorporate foreign corporate, foreign individual, wide based funds or portfolios built up or incorporated outside India

Already portfolio speculation was administered under various laws i.e. the SEBI (Foreign Institutional Investors) Regulations, 1995 (“FII Regulations”) for FIIs and their sub-records and SEBI handouts dated August 09, 2011 and January 13, 2012 representing QFIs, which are currently revoked under the SEBI (Foreign Portfolio Investors) Regulations (“FPI Regulations”) that oversee FPIs. SEBI has, in this way, expected to improve the general operation of making foreign portfolio investments in India.

Basically, foreign portfolio venture involves purchasing of securities, exchanged another nation, which is exceedingly fluid in nature and, in this manner, enable investors to make “speedy cash” through their successive purchasing and offering. Such securities may incorporate instruments like stocks and bonds, and dissimilar to shares, they don’t give administrative control to the investor in an organization. To represent FPIs, SEBI presented the FPI Regulations by a notification4 dated January 7, 2014.

(A) CLASSIFICATION BASED ENLISTMENT OF INVESTORS

FPI has been characterized under FPI Regulation 2(h) as a person meeting the qualification criteria determined under Regulation 4 (secured under (b) beneath) and properly enrolled under Chapter II and are considered as mediators for the reasons for SEBI Act, 1992. Under FPI Regulation 5 the accompanying three classes of FPIs have been made on the premise of related dangers –

(a) Category I incorporate foreign investors related to the government, for example, central banks, government organizations, sovereign riches funds;

(b) Category II incorporates controlled substances like banks, resources administration organizations, venture directors and so forth and expensive based funds, which might be managed, for example, common funds, speculation trusts and so forth. Or, on the other hand non-controlled; and

(c) Category III incorporates investors, which are not secured under classifications I and II.

The enrollment pre requisites are continuously troublesome relying upon the classification under which the investor falls with most straightforward customs for a class I investors. Dissimilar to the past circumstance wherein the QFIs, FIIs and their sub-accounts were required to enroll with SEBI for 1-5 years at first to operate, FPIs enlistment is completed by SEBI assigned store members on permanent premise unless suspended or cancelled. These progressions may tend to back out the underlying endorsement process for FPIs and ensuing operation by them contrasted with the past circumstance.

(B) ELIGIBILITY CRITERIA FOR FPIS

  • FPI Regulation 4 recommends the compulsory qualified criteria for enrollment as FPI. Here, the candidate must be a non-inhabitant in India yet non-occupant Indians (“NRIs”) is particularly disallowed. While this spells “terrible news” for NRIs, a fund having NRIs as its investors can operate as a FPI as expressed by SEBI. Further, the candidate is required to be a resident of a nation which meets the accompanying criteria-
  • Its securities showcase controller is a signatory to the International Organization of Securities Commission’s Multilateral Memorandum of Understandingor gathering to a MOU with SEBI; whose central bank is an individual from the Bank for International Settlements in the event that if the candidate is a bank; and
  • Not specified in people in general articulation of Financial Action Task Force as a nation having issues identified with fighting financing of fear based oppression or illegal tax avoidance.
  • The candidate should likewise be approved to contribute as per the law of its nation of consolidation or place of business and as per its Memorandum of Association and Articles of Association or some other proportionate report. Getting from the FII Regulations, the accompanying conditions have been made material for enrollment as a FPI –the candidate must have adequate experience, proficient skill, great reputation, monetary soundness and a notoriety for reasonableness and respectability; must meet the criteria indicated in the SEBI (Intermediaries) Regulations, 2008 and
  • Give of enlistment to the candidate must be in light of a legitimate concern for advancement of the securities showcase. SEBI may determine some other criteria every now and then.

TAX ASSESSMENT OF FPIS

After the FPI Regulations came in compel, perplexity won among India Inc with respect to the tax collection of FPIs. This was on the grounds that the diverse classes of investors were burdened contrastingly beforehand and there was no lucidity with reference to how the combined FPI will be saddled. The Central Board of Direct Taxes (“CBDT”) turned out with a notification dated January 22, 2014, regarding FPIs enlisted under the FPI Regulations as FIIs for tax collection purposes. The notice shows that all investor classes shaping the FPIs would be burdened likewise to FIIs. QFIs are burdened at the rates of 40% and 20% on here and now capital picks up and long haul capital increases, separately emerging from exchange of securities, which are brought down for FIIs under the Income Tax Act, 1961 (“Tax Act”), i.e. 30% for here and now capital increases and 10% for long haul capital gains. Similar duty treatment should, hence, advantage QFIs through lower tax collection under the new law. Notwithstanding, since the CBDT warning applies FII impose treatment to FPIs just for reasons for segment 115AD of the Tax Act, the pertinence of tax reductions that FIIs appreciate under different arrangements, for example, area 196D to FPIs stayed misty.

Without any difficulty in enlistment prerequisites and lucidity on tax assessment being gotten for FPIs, the new FPI administration is probably going to help portfolio investments in India by foreign investors. Conceding of permanent enrollments to FPIs should not expect them to approach the DDPs over and over for the same, therefore, giving them a more steady condition for interest in India. Then, with the designation of work to DDPs, SEBI would now be able to concentrate on more essential issues close by requiring its consideration and perform its regulatory part more adequately. It can be contended that the move to the new administration, for all classes of investors that have been consolidated, should be an agreeable one especially in light of the fact that a cushion period has been given to them to operate without requiring them to promptly conform to the customs and process for transformation to and operation as FPIs.