siliconindia | | July 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 print-ing to altering the genetic make-up using CRIS-PR. The value of Intellectual Property Rights (IP) is far more critical now than it was in the past. The success of a compa-ny 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 technolo-gy - 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 pro-tects 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 bound-aries. 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 im-port the patented technology. A patent is granted for a peri-od 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 en-abling people to develop the technology further or look for ways to bypass the legal protection. After the patent expires, the technology falls in public domain and as a result, peo-IN MY OPINIONBy Rohit Singh, Head - Patents, Abu-Ghazaleh Intellectual Property (AGIP)Headquartered in Amman, Abu-Ghazaleh Intellectual Property is a Legal Services company specializing in the areas of registration, litigation, prosecution, licensing & counseling related to trademarks, patents, industrial designs, copyrights, and domain names.PROTECTING YOUR INTELLECTUAL PROPERTY IN INDIAT
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