How do you get something copyrighted? What are the right of copyrights?
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How to Copyright Website and Mobile Applications in India

What is Copyright?

Copyright, is an exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic , or musical material. Actually copyright is a legal right created by the law of a country that grants the creator of original work and given exclusive rights of its use and distribution, fora limited period of time

Copyright is a form of intellectual property, copyright are considered territorial rights,which means that they don’t extend beyond the territory of a specific jurisdiction.

It is a right which a person take for the protection of his business name which any other person didn’t take for the operation of business, as different person can do same business but the condition in copyright is that name shouldn’t be the same, as if it was, then the person who take the name of other person business for the operation of his business then it will be a offence and was punishable.

And now a days not only business like big brands, big restaurants, telecommunications etc, but websites are also involved in copyright act like Wikipedia, encyclopedia, yahoo.com, gmail.com, etc. they also make themselves register under copyright act for the exclusive rights through which websites make their names copyright and no other can take their names for the profitability, and now mobile applications are also there to register under the copyright act for the exclusive rights for the more profitability.

How to copyright ?

Following are steps of copyrighting;

Step 1: Filing the Application

Along with the requisite fee, an application needs to be submitted either in DD/IPO. Once this application is filed, a diary number is generated and issued to the applicant.

Step 2: Examination

There is a minimum wait of 30 days for recording and analysing any objections that may come up against the copyright application

a. In case of no Objection:

The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

1. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

2. In case of zero discrepancy:

This would mean that the copyright application fulfil all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same.

(If the registration is not approved, then the applicant received a letter of rejection)

b. In case of an objection filed:

While we listed above the scenarios of ‘no objections’, in case one is faced with an objection, the following proceedings take place:

Authorities send out letters to the two concerned parties, trying to convince them to take back the objection. After requisite replies from the third party, the registrar conducts a hearing.

Depending on whether the registrar accepts the reply, the procedure takes shape

1. If the application is accepted:

The application being accepted means that the objection has been rejected. The application goes ahead for scrutinization by an examiner. This scrutiny gives rise to two options:

2. In case of discrepancy found during scrutiny:

A letter of discrepancy is sent to the applicant letter is generated and sent to the applicant.

Based on the reply from the applicant, the registrar conducts a hearing of the alleged discrepancy row.

Once the discrepancies are sorted during the hearing, the extracts of the same are sent to the applicant for him/her to register the copyright.

c. In case of zero discrepancy:

This would mean that the copyright application fulfils all criterion required for the copyright. The applicant is then given the nod to go ahead with the registration of the same. (If the registration is not approved, then the applicant received a letter of rejection)

d. If application is rejected:

In case this happens, then the applicant receives a rejection letter that marks the end of the copyright procedure.

Step 3: Registration

As can be seen from the aforementioned steps, the registration solely depends on the registrar. Once everything is cleared from the registrar’s end, the applicant received the copyright and can legally exercise all rights that come with the owner of that copyright.

 

 

medical device patents, patent infringement

Intravenous Safety Catheters- Patent Dispute

In European market Poly Medicure wins patent battle against Braun Melsungen

The patent dispute between the two companies began at the Medica 2009 trade fair

B Braun melsungen (German pharmaceutical) entity is a well known brand in medical technology domain in Europe. However, recently B Braun melsungen has lost a patent dispute with the Indian competitor Polymedicure

The research and development vertical of Polymedicure is approved by Ministry of Science & Technology Government of India to design & develop new and innovative products from Design to production in a short span of time using rapid prototyping 3 D printer CAD/CAM technology etc. The Indian entity possess ultra modern tool room with sophisticated machines like CNC wire cut, EDM and Vertical Machining Center.

Case Study

B. Braun is pioneer in research and development of intravenous safety catheters with protection in numerous European countries.

When a physician applies such a catheter to a patient, a needle guard automatically protrudes over the tip when the needle is withdrawn from the arm. This protects the doctor and nursing staff.

It is a known fact that conventional catheters lack such a needle guard. Nurses and other healthcare personnel are routinely injured by the exposed, sharp lancet of the needle after use on a patient. The critical time where a percutaneous injury can occur is from the moment the needle is withdrawn from the patient, or I.V. port, to the time the contaminated needle is safety discarded.

Polymedicure had a similar technology for needle protection and sells intravenous safety catheters which is different from B. Braun patent.

European patent office (EPO) has rejected three B. Braun patents. The patent battle lasted for eight years between B. Braun and Polymedicure.

Now Polymedicure can freely use the European market. According to Himanshu Baid, MD- Polymedicure, the patent war was fought in following countries Germany, NetherlandsSpain and Italy.

Startup Attorney India, Startup India Strategist, Startup Lawyer India

#FallingUnicorns: Reason for failure of Startups

Brand strategist & trademark patent attorney in India

The SIMPLE reason for failure of #Startups across the globe is that they don’t build a STRONG Intellectual Property Portfolio.

Hire a #Brandstrategist #IPattorney WHO can identify the gaps in the business at the inception stage #FallingUnicorns

Defining Your Startup Idea by penning down your thoughts * Can I apply for  Patents?
  • Write down your business idea.
  • Talk to a patent attorney who can apply for a patent.
  • Understand what types of inventions can be patented.
  • Understand what cannot be patented.
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How do I get a patent on my idea?

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How do I invent my idea?

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 Ten things I learned about running a Business Startup in India *Healthcare Mobile Applications #godigital from Prity Khastgir IPR Strategic Indian Patent Attorney Amplify Branding