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Author: origiin

Origiin IP Solutions > Articles posted by origiin (Page 3)

Strategic importance of Intellectual Property in Mergers and Acquisitions

Did you know that Volkswagen purchased Rolls Royce Motor Company without realizing that they did not own Rolls Royce name and its trademark, and that name and trademark was owned by BMW, a direct competitor to Volkswagen? Seems incredulous, but this did happen, and VW purchased all rights to manufacture Rolls Royce car along with the Rolls Royce factory and staff in Crewe, UK but did not have any rights to brand it with the same name. Neither they had any engines for its car as BMW was producing engines for Rolls Royce. Rolls Royce factory in Crewe was manufacturing...

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Labeling product as “Patent Pending”

From the date of filing of patent application to the grant is a long procedure and often disappoints the inventor for the reason that grant of patent is going to take long time and securing patent of his interest becomes a great worry till then. However, when a patent application is filed (provisional or complete specification), patent office issues a receipt on which date of filing or priority date is stated. It is worth noting that from that date, the product for which patent has been applied for  or product made by a process for which patent has been applied for...

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Mergers & Acquisitions: Intellectual Property due-diligence

Did you know that Volkswagen purchased Rolls Royce Motor Company without realizing that they did not own Rolls Royce name and its trademark, and that name and trademark was owned by BMW, a direct competitor to Volkswagen? Seems incredulous, but this did happen, and VW purchased all rights to manufacture Rolls Royce car along with the Rolls Royce factory and staff in Crewe, UK but did not have any rights to brand it with the same name. Neither they had any engines for its car as BMW was producing engines for Rolls Royce. Rolls Royce factory in Crewe was manufacturing...

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Filling of Copyright in India

Copyright is a form of Intellectual property right.  It subsists in literary work, dramatic work, musical work, artistic work, sound recording, cinematographic work, photographic work, and computer software. It prevents others from making any copies of the original work for the commercial purpose. Copyright is a beneficiary right. It is not mandatory for a creator to get copyright registration. However, certificate of registration of copyright serves as prima facie evidence in a court of law when there is a dispute relating to ownership of copyright. The term of copyright in India is lifetime of the author and 60 years from...

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Coca-Cola: At a glance

You get home after a long day of work. Your family wants to eat something from the local pizzeria as a small celebration, and you agree. Regardless of what pizza you order with whichever toppings, a bottle or two of Coca-Cola will undoubtedly be ordered. This popular drink has become such an integral part of celebrations in our lives, it is estimated that 96% of the world’s population recognizes the brand from its classic red and white colour scheme. Amongst the 4% that don’t, you can probably expect to see some residents of North Korea and Cuba, since these are...

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Patent or Publication?

In a research work, should an innovative outcome of research work having a commercial application be protected by a patent first or by a publication in a journal? In a research organization, a government project was sanctioned for research work on turbomachines. The common problems that are encountered in a turbomachine are stall and surge. Flow studies of a compressor were taken up to study these problems of stall and surge in a compressor. In a compressor, compressor stall is a local disruption of the airflow in the compressor of a gas turbine or turbocharger. A stall that results in the complete disruption of the airflow...

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Patent or Trade Secret ?

Most of the industries in the business of formulations always find it tough to select right way (either to protect it with classical IP rights, for example by filing for patent protection or to keep it as a trade secret) of protecting innovations. Filing for a patent requires them to disclose the process whereas maintaining a trade-secret may be tough to do. Further, if any of their competitors come up with the same process, files for a patent, they can stop everyone in the market from using the same process. Well, it’s a difficult choice at times to select between...

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Convention Application Filing Procedure and Process in India

Filing convention application in India: The Indian Patent Office is signatory of Paris Convention, whereby foreign (international) patent applicants can file convention patent applications in India. The conventional patent applications are filed in India under section 135 of the Patent Act 1970 by taking priority from an earlier patent application filed in a convention country. The convention patent applications can be filed with the Indian Patent Office within 12 months of filing a priority patent application in a foreign country. In case of multiple international patent applications, the convention patent application has to be filed in India within 12 months...

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