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Author: sevenelementz

Xiaomi Infringement Case – an overprotection?

December 11, 2014
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| Categories: Intellectual Property, Patents

Ericsson, a Swedish MNC, got an ex parte interim order from the Delhi High Court against Xiaomi in a case involving infringement of patents relating to AMR technology, 2G and 3G technologies. It is interesting to note that Ericsson had in the past sued Micromax, Gionee, and Intex and did not succeed against Intex but the other two companies. While this being the case, there is also a complaint pending before the competition commission of india (CCI) for alleged unfair trade practices in patents by Ericsson. The injunction now prohibits Xiaomi and its e-tailer Flipkart, which has also been implicated in this case, from selling, advertising, manufacturing or importing the devices that infringe these patents. Also, directions were issued to...

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The story and fate of Khadi trademark

December 7, 2014
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| Categories: Intellectual Property, Trademark

It is nothing new for us as we have had similar past experiences and spent a few crores of exchequer's money to defend against biopiracy and intellectual property theft. Patenting of Turmeric and Neem, trademarking of Basmati in the past do not fade away easily. History now repeats itself and this time it is the Khadi trademark which is under dispute. The German company, named Khadi Natureprodukte GbR, has registered 'Khadi' as a trademark with the European agency, OHIM (Office for Harmonization in the Internal Market). Spain-based OHIM is the nodal agency looking after Trademarks and Design Registration in the European Union. The Khadi and Village Industries Commission (KVIC), a statutory body engaged in promoting and developing khadi and village...

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Why patent search is very important?

October 27, 2014
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| Categories: Intellectual Property, Patents

Importance of Patent Search It is a well regarded fact that a good idea does not necessarily mean it is patentable or a good invention. Many inventions meet death without seeing the light of commercial success, due to several reasons.  On the other hand many patents get invalidated due to infringement upon other patents and for the most part, this can be attributable to inefficient patent search. Without a diligent patent search, you will most likely end up "reinventing a wheel" again.  The damage caused due to this is not limited to time, costs and efforts. Patent information search is crucial for inventors, R&D departments and for any business entity dealing with innovation and inventions. The case below is the best...

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TM5 – a new framework by key players in trademarks

October 3, 2014
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| Categories: Intellectual Property, Trademark

The TM5 is a conglomerating of the world’s top five trademark offices 1) China’s State Administration for Industry and Commerce (SAIC) 2)  Europe’s Office for Harmonization in the Internal Market (OHIM) 3)  the Japan Patent Office (JPO) 4) South Korea’s Korean Intellectual Property Office (KIPO) 5) the United States Patent and Trademark Office (USPTO). These offices reportedly account for 70 percent of all trademark and design applications worldwide. The TM5 grew out of the Trademark Trilateral, a cooperative framework of the JPO, OHIM and the USPTO that was formed in 2001.  After expansions in 2011 and 2012 to include KIPO and SAIC, respectively, the group has had gradually evolved into its present form. The tmfive.org website contains the history and objectives of...

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Details released about hacking attack on Chase Bank

October 3, 2014
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| Categories: Cyber Crimes

Hacking attacks, a species of cybercrime, has been on the constant rise in the recent years.  Not too long ago, Microsoft’s online store, the Heartbleed bug, numerous Gmail Accounts(?), Yahoo, etc  became victims of hacking attack.  Even some gaming companies were not spared. More recently this summer the J.P. Morgan Chase & Co., popularly known as “Chase”, got attacked and while investigations are ongoing on the hacking event, it was believed that information from about 76 million households and 7 million small businesses was stolen.  The information stolen could be names, addresses, phone numbers and email addresses.  However, the financial giant claims that sensitive information such as Social Security Number, account number, passwords, date of birth remained uncompromised. At this...

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Trademark fees revised, increases by a few hundreds!

August 8, 2014
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| Categories: Intellectual Property, Trademark

Trademark Fee and Fee for Expedited Examination go up! We blogged a while ago regarding the proposed increase in fee for trademark application (http://sevenelementz.net/legal/tm-registry-to-hike-costs-for-trademark-registration/). Coming as a surprise notification, the Trade Mark Registry posted an update on its website on August 7, 2014 notifying the fee increase of Rs. 500 in trademark application fee, i.e., from Rs. 3500 to Rs. 4000.  Also, the fee for expedited examination is increased to Rs. 20,000.  The notification can be seen (http://ipindia.nic.in/iponew/publicNotice_07August2014.pdf)   What changes the stakeholders expect to see? One can only hope that such fee increase would add revenue so more competent and qualified resources can be employed and consequently it would increase the efficiency of existing operations and reduce the pendency...

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