DECEMBER 20188imes have changed and we now find ourselves living in a knowledge-based economy. We have swaddled ourselves in technology - from cell phones, smart watches, automatic cars, 3D printing to altering the genetic make-up using CRISPR. The value of Intellectual Property Rights (IP) is far more critical now than it was in the past. The success of a company is often measured by the strengths of its IPRs - which can include Patents, Trademarks, Designs and Copyrights.Telecommunication giants like Apple and Samsung have been involved in countless IP litigations all over the world. After years of wrangling in the courts, in November 2017, Apple had won $120 million from Samsung in a patent dispute which revolved around Apple's patented technology - slide to unlock. Samsung had infringed various patents owned by Apple.Years of IP disputes between Apple and Samsung reveal the critical importance of protecting your IP. Each IPR protects a certain aspect of your business, and it is extremely crucial to understand the working of technology in the IP landscape and how it can be leveraged at the right time. There are various kinds of IPRs, but the two most seminal are Patents and Trademarks.Patents protect the technology by defining your boundaries. Unlike Europe and U.S., which allow claiming a use of a substance, an applicant can protect either a process or a product in India. Patent is a negative right and gives its owner a monopoly to make, use, sell, offer for sale or import the patented technology. A patent is granted for a period of 20 years provided the technology meets the sine qua non requirements of patenting - novelty, inventiveness and industrial applicability.The technology should also be patentable and not fall within the clutches of non-patentable inventions. India has a long list of these, which include new form of a known substance, use of a substance, an admixture, method of treatment/diagnostics, software, traditional knowledge or inventions which are considered prejudicial to public order or morality.Government provides an exclusivity of 20 years to a patent owner in lieu of the disclosure of technology. This disclosure goes into public domain after a patent application is filed. This is when Patenting encourages innovation by enabling people to develop the technology further or look for ways to bypass the legal protection. After the patent expires, the technology By Rohit Singh, Head - Patents, Abu-Ghazaleh Intellectual Property (AGIP)A strong business development professional with a demonstrated history of working in the legal services industryPROTECTING YOUR INTELLECTUAL PROPERTY IN INDIAIN MY OPINIONT
< Page 7 | Page 9 >