Origiin Newsletter May 2013

7/30/2019 Origiin Newsletter May 2013

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All rights reserved (c) Origiin IP Solutions LLP 2013

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this issue

portance of IP Policy for Indian IT Industry

...........................................................P.1

News Bulletin ……… .....................…......P.3

ews from Indian Patent Office...............P.4

teresting patent of the month… ............P.5

orld IP Day at Origiin ......................... P.6

rtificate course on FTO ………………………..P 7

A monthly

Newsletter

on issues

relating to

Intellectual

Property

Rights

S U E ( V o l u m e )

MONTH

May

YEAR

2013

4 (3) Origiin Newsletter

Importance of IP Policy for Indian IT industry

Intellectual property (IP) is a term

referring to creation of human mind in

the form of a number of distinct types of

expressions for which a set of rights are

recognized under the corresponding

regimes of law. We know very well that

Indian software/IT industry is primarily

based on services, though transition

from service to product is increasing

nowadays. However, in either case,

innovation plays vital role in sustainable

growth of the organization.

In case of Indian IT industry, whether it

is into services or products or both, IP

typically means patent, copyright,

design, confidential information, trade

secret, brand name and domain name

etc., wherein handling confidential

information or trade-secret needs lots of

care for the reason that it is not

registered and moreover, we don’t have

adequate laws to protect them. Though

there are several IP related issues,

however, drawing line between

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proprietary IP and client’s IP may become a

challenge at times, especially when the

company is bound by stringent agreements.

IP policy in simple words, is a document

that defines IP as per company’s business;

provides guidelines for creation, protection,

exploitation, disclosure, ownership of IP;

sensitizes employees about aspects of IP

and at the same time guides them

regarding the precautions that need to be

taken to safeguard company’s IP as well as

prevent or minimize IP infringement risk. IP

policy also provides guidelines and

procedures for disclosure & non-disclosure

of intellectual property whether

protectable or not; and to develop and

enhance environment of innovation and

generate creative & novel IP compatible

with business goals of the company.

Coverage of policy

Typically an IP policy is applicable to the

employees of the company; however, if

company works with outside vendors,

Lincoln said that the Patent

Office adds the flame of

interest to the light of

creativity. And that is why we

need to improve the

effectiveness of our Patent

Office.

Jay Inslee

23rd Governor of Washington

http://www.brainyquote.com/quotes/quotes/j/jayinslee267805.html







http://www.brainyquote.com/quotes/authors/j/jay_inslee.html

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Freelancers or consultants etc, coverage of policy may be

extended to them as well as they have be involved in the

process of creating IP for which ownership and

confidentiality issues need to be addressed clearly in the

policy.

Meaning of IP

Defining meaning of IP, depending upon core area of

business is essential. IP may include Patent, Copyright,

Trademark & Domain name, Design, Confidential

information or trade-secret that might be proprietary in

nature or created by employees during course of

employment or by the consultants as a part of

contractual relationship with the company. The kind of IP

that shall be included in the definition purely depends

upon business area and strategies of the company.

“Sensitization of the employees on confidential

information and consequences of misappropriating

is necessary from time to time. Whom to disclose,

when to disclose, how to disclose such information,

shall be made clear in the policy. Liability of the

employee during course of employment or even

after termination or resignation must be dealt with

carefully. ”

Ownership

Since IP is created by the employees during the course of

employment, company would prefer having ownership

of such IP with itself. However, in case of patent, the

application for a patent shall be filed by true & first

inventor, its assignee or legal representative. Therefore,

it is extremely important to list out the inventors whose

names are going to appear on the patent application,

right in the beginning of the project to avoid arising of

disputes later on. However, inventor may further assign

rights to the company; so that ownership of the patent is

with the company.

Similarly in case of copyright, applicant is the company

and the employee who creates the work is called as

author). When company decides to file application for

copyright registration, the author (s) is required to give

NOC (No Objection Certificate) to the Copyright Registry

stating that he/she has created the work during course of

employment and he/she has no objections if the work

gets registered in the name of the company. However,

proprietary IP, confidential information is exclusive

property of the company unless company specifically

authorises employee to disclose, use or own it.

Security and confidentiality

Even though most of the IT/software firms have

implemented multiple security measures to prevent the

loss, misuse and alteration of any confidential

information under its control, employees must strictly

follow the security measures, which are extremely crucial

to secure technical and business information of the

company. First of all identification of trade-secrets is very

important and it can be best protected by segregating it

into low, moderate and high confidentiality type and

further by limiting access to it. Employment and non -

disclosure or confidentiality agreement may further be

used as tools to safeguard confidential information of the

company. Labelling documents as “Confidential” is an

appropriate way of communicating information as

Confidential and serves as an express notice to indicate

nature of the document.

Sensitization of the employees on confidential

information and consequences of misappropriating is

necessary from time to time. Whom to disclose, when to

disclose, how to disclose such information shall be made

clear in the policy. Liability of the employee during course

of employment or even after termination or resignation

must be dealt with carefully.

2




documentation of the process so that there is coordination

between date of filing a patent application and disclosure in

the form of product launch. Moreover, in the process of

patenting, there are several critical timelines and fee that

need to marked and updated from time to time.

Government funding for filing patents

This month there is good news for the innovative start up

companies. The Centre has announced a scheme through

which it will provide financial support to young technology

companies filing international patents, a move that

underscores the growing support for emerging ventures in

the country.

The five-year scheme that comes into force from this fiscal

year will provide half the amount incurred in filing a patent

and reimburse fees paid to an attorney, according to an

official in the Ministry of Communications and Information

Technology.

Technology ventures that have an annual budget below Rs

10 crore for research and development will qualify for this

scheme. The move is being welcomed by entrepreneurs

who say the high cost of filing patents has been a major

deterrent for young companies.

Nokia won a court injunction banning HTC

Nokia has won a court injunction banning HTC from using

microphone parts made by STMicroelectronics in its HTC

One phones. The decision by the Amsterdam district court

follows a claim by Nokia that it invented the parts made by

STMicroelectronics which is being used by HTC and that

those parts are made exclusively for its own phones.

India Joins the International Trademark System

India’s Minister for Commerce and Industry, Anand Sharma,

on 8th April 2013, deposited his country’s instrument of

Record of work

Systematic & periodicrecord of work, research, ideas is

extremely critical to serve as an evidence to establish

ownership (copyright) or inventorship (patent or design)

and date on which intellectual property was created or

developed by employee. It could also be helpful to find

out infringement of intellectual property, if performed by

an employee. Record book shall not be permitted to be

taken outside the premises of the company and crucial

data or descriptions should be signed and dated by the

creator, supervisor, or coordinator of the project.

Liability of employee

Before expecting employees follow the IP policy, they

shall be explained essential clauses of NDA and

employment agreement that they sign at the time of

joining. This will sensitise them about their duties as well

as liabilities towards the company. At the time of

termination or resignation, exit interview must be

conducted and copy of agreements signed at the time of

joining must be handed over to the employee to remind

him his responsibilities as well as liabilities. Getting

confidential or any sensitive information from prior

employer and incorporating such information in the work

may land up in a very undesirable condition and any such

practice must be strictly discouraged by the company.

Idea Disclosure

As far as patents are concerned, the process starts with

conception and disclosure of idea. Here again, the

activities such as whom to reveal the idea, how to take

idea forward, effort needed to convert idea to executable

invention, defining inventors, royalty percentage or

reward upon commercialisation of the idea, are few of

the critical issues that must be addressed in the IP Policy.

However, maintaining confidentiality of idea,

documentation, assessment of novelty and business

relevance of idea and discussion with patent attorney,

filing for patent in India or foreign country requires

3

IP NEWS BULLETIN




4accession to the Madrid Protocol for the International

Registration of Marks at WIPO, bringing the total

number of members of the international trademark

system to 90. The treaty will enter into force with

respect to India on July 8, 2013. The Madrid System for

the International Registration of Marks (Madrid

system) offers trademark owners a cost effective, user

friendly and streamlined means of protecting and

managing their trademark portfolio internationally.

India is the 14th of the G-20 economies to accede to

the Madrid Protocol.

IPAB stays revocation of Pfizer's patent on anti-

cancer drug

The Intellectual Property Appellate Board (IPAB) has

issued a stay on the Indian Patent Office's decision to

revoke the patent for Pfizer's anti-cancer drug, Sutent.

The drug is used for treatment of advanced renal cell

carcinoma and gastrointestinal stromal tumor. The stay

comes at a time when multinational pharmaceutical

companies have raised concern on patent protection in

India after the Supreme Court recently denied patent

for Swiss multinational Novartis' anti-cancer drug

Glivec.

Pfizer received a patent for the drug in India in 2007.

An opposition filed by Cipla against the drug was

allowed by the IPO, which said the patent did not

involve any inventive step. The patent was revoked on

September 24, 2012. Pfizer challenged the order and

an interim order was passed by a court, directing Cipla

not to take any steps towards marketing its drug. Cipla

appealed against this to the Supreme Court, which set

aside the IPO's revocation order. The matter was sent

back to the IPO. After the rehearing, the IPO again

revoked the patent on February 11 this year, leading to

the appeal to the IPAB.

Another patent Suit by VirnetX, against Microsoft

over Skype

VirnetX, an Internet security software and technology

company has filed a complaint against Microsoft in the

United States District Court for the Eastern District of

Texas, Tyler Division (22nd

April 2013). The complaint

includes allegations of wilful patent infringement regarding

six patents owned by VirnetX, US Patent Nos. 6,502,135,

7,188,180, 7,418,504, 7,490,151, 7,921,211 and 7,978,274.

Specifically, the complaint references Microsoft's Skype

products as infringing the VirnetX patents. Skype was

purchased after the limited license was signed between

Microsoft and VirnetX. The infringement falls outside of the

scope of the prior license. In its complaint, VirnetX seeks

both damages and injunctive relief.

IMPORTANT NEWS FROM IPO

JPO IPR Training Programs

The office of CGPDTM has received a request from Japan

Institute of invention and innovation (JIII) through Ministry

of Industry, Department of Industrial Policy and promotion

seeking nomination of suitable candidates for the

following two programs being organised by the

Association for overseas Technical Scholarship (AOTS)

1. JPO/IPR training course for patent experts

(September 17-October 4th

2013), last date for

filing application is 17th

May 2013.

2. JPO/IPR training course for IP Protection lawyers

(October 7 to October 25, 2013) , last date for

filing application is 7th

June 2013.

The candidates working at Japanese enterprises are

eligible for this program. Further details can be viewed at:

http://www.ipindia.nic.in/iponew/Circular_JPO_IPR_01Ma

y2013.pdf




INTERESTING PATENT OF THE MONTH

Office Gym Exercise Kit

Patent: US 7137935

Publication date: Nov 21, 2006

Filing date: Apr 20, 2004

Abstract

The office gym exercise kit is a portable exercise kit that

provides for a number of exercises to be performed by a

user, including arm, leg and back exercises. The kit

components are capable of attaching about a chair post

and a chair back support to provide the exercises for the

user. A flexible body is wrapped around the post and

under the base of the chair then secured such that the

flexible body remains in place around the chair post. A

flexible band is wrapped around the chair back support.

Both the flexible body and flexible band have retainers

attached thereon. Several elastic straps are included in

the kit. The elastic straps may be fastened to the flexible

body and flexible band by latching onto the retainers. The

user then exercises by extending the elastic straps with

arms, legs or the like.

Main Claim of the Patent

1. An exercise kit for attachment to a chair having a central post, a base, and a chair back support, said

exercise kit comprising:

(a) a generally T-shaped flexible body constructed of flexible fabric, the top of the T-shaped flexible body

comprising a generally rectangular portion having a plurality of retainers secured thereon, an elongated strap

secured to said generally rectangular portion and extending outwardly from and substantially perpendicular

to one of the sides of the generally rectangular portion, said elongated strap terminating in a free end, said

generally rectangular portion further including fastening means located adjacent the sides of the rectangular

body perpendicular to said one side for affixing said rectangular portion of said flexible body about a central

post of a chair, means for affixing said elongated strap about a chair base, and means for affixing said

rectangular portion to said elongated strap free end;

(b) a flexible band, said flexible band comprising of strip of flexible material having at least one retainer affixed

thereon, said flexible band including fastening means for securing said flexible band about a chair back

support;

http://www.patentlysilly.com/patent.php?patID=7137935











(c) a first elastic exercise strap, said first elastic exercise strap comprising a first elastic band having a pair of

elastic handles located at either end of the first elastic band and permanently affixed thereon, and a first pair of

resistance adjusting pieces to tighten or loosen the tension of said first elastic band;

(d) a second elastic exercise strap, said second elastic exercise strap comprising a second elastic band and a

second pair of adjusting pieces to tighten or loosen the tension of said second elastic band;

(e) an ankle attachment, said ankle attachment comprising a strip of flexible material which is removably

securable to said second elastic strap, said ankle attachment including mating hook and loop fasteners for

removably securing said ankle attachment about a person's ankle;

(f) a plurality of attachable handles, each of said plurality of attachable handles being removably securable to

said second elastic strap; and (g) a means for latching said first elastic strap and said second elastic strap onto

said plurality of retainers located on said flexible body and said flexible band.

WORLD INTELLECTUAL PROPERTY DAY: 26TH

APRIL 2013

WIPO's member states designated April 26 – the day on which the WIPO Convention came into force in 1970 – as

World IP Day with the aim of increasing general understanding of IP.

Origiin released 3rd edition of

HANDBOOK ON INTELLECTUAL

PROPERTY RIGHTS on World Intellectual

Property Day, which is celebrated on

26th April every year.

Book may be downloaded for FREE from

our website:

http://www.origiin.com/downloads.htm

.






All i ht d ( ) O i ii IP S l ti LLP 2013

8

Certificate course on Freedom-to-Operate (FTO) analysis

Origiin IP Academy launches “Certificate course on Freedom-to-Operate (FTO) analysis”. FTO, also known as

“Clearance search” or “Right to Use search" is a kind of patent search that is used to determine whether a particular

action, such as testing or launching or commercializing of a product in a specify territory, can be done without

infringing valid intellectual property rights of third party (ies) or not.

Patent infringement is the commission of a prohibited act with respect to a patented invention without permission

from the patent holder. The course has been specifically designed to the students, researchers who want to pursue

career in the area of Intellectual Property Rights as well as the people already working in this area but want to

further refine their skills.

Dates for the classes

Batch 1: 25th

(Saturday) and 26th

(Sunday) May 2013.

Batch 2: 7th September (Saturday) and 8th September (Sunday) 2013Web based classes available for out station candidates.

Duration: 25 hr (contact class 13 hr, project 12 hr)

Number of Seats: 6-8

Eligibility: Candidate shall be at least Bachelor in science such as BE, B.Tech, B.Sc.

Who should join?: The course is useful to any person keen to pursue career in IPR, fresh students as well as working

IP Professionals who want to enhance skills and experience in performing various kinds of patent searches.

Unique features: Sessions by IP practitioners, Class room training, Hands on to understand practical aspects of

searches, Project work

How to register: Download the registration form from www.origiinipa.com and send us the filled form along with

payment to register.

Venue: Origiin IP Academy, #35 First Main Vysya Bank Colony, BTM 2nd stage, Bangalore-560076

Mobile: +91-98456 93459, +91- 98802 13204

Website: http://www.origiinipa.com

Email: [email protected], [email protected],

Our other certificate courses

1. Patentability search2. Validation/Invalidation search

3. Technology Landscape analysis

4. Patent specification drafting

5. IP audit and commercialization (coming soon)

http://en.wikipedia.org/wiki/Invention

http://en.wikipedia.org/wiki/Patent

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Origiin Newsletter May 2013

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