Office of Controller General of Patents, Designs & Trade Marks has launched the official Mobile APP for intellectual property rights. The application can be downloaded from Intellectual Property India website, www.ipindia.nic.in or from Google playstore.
The application is an information dissemination tool of the Office of Controller General of Patents, Designs & Trade Marks. The current version includes the information with respect to : Patents Office, Designs Wing of Patent Office, Trade Marks Registry, Geographical Indications Registry, Copyright office, Semiconductor Integrated Circuits Layout-Design Registry & Rajiv Gandhi National Institute of Intellectual Property Management. The Application provides various tools to know about the Application status, Patent & Trade Mark register, relevant Acts & Rules etc.
Ericsson has filed its 5G Foundation patent application with WIPO (worldwide) and USPTO (US). As per Ericsson’s website “The patent application, which combines the work of 130 Ericsson inventors, is the largest in cellular communications in terms of number of inventors, anywhere in the world. It shows the industry how Ericsson has approached 5G standardization with a comprehensive view that connects individual inventions in a complete 5G telecommunications network, rather than focusing on any smaller individual inventions.”
The patent application contains all details required to build a complete 5G network, from devices, the overall network architecture, the nodes in the network, methods and algorithms, and also shows how to connect all this together into one fully functioning network. The invention is believed to have a huge impact on industry and society as it will provide low latency with high performance and capacity. This will enable new use cases like the Internet of Things, connected factories and self-driving cars.
The federation of Indian Micro, Small and Medium Enterprise (FISME), with support of the prosperity fund through British High Commission in India, have established and IPR Exchange , an online platform for commercial exchange of Intellectual property rights (IPR) (http://www.iprexchange.in/index.php). It is a platform for buying, selling & licensing IPRs.
As per the website “IPR Exchange seeks to alleviate these problems and create an efficient trading platform for buyers and sellers of intellectual property rights.” Essentially, the market for IP continues to suffer from illiquidity, high transaction costs, a lack of price discovery, and other information asymmetries and IPR Exchange seeks to solve the same.
The inbuilt online IPR management tool in the exchange keeps record of IPR instruments of the users and sends them reminders/ alerts and therefore helps manage IP. The platforms serves not only to identify and manage IP, but also provides various additional services:-
P Audits: Conducting IP Audits to help identify IP assets in MSMEs
IP Valuation: Valuation of IP assets of MSMEs by a panel of IP Experts
IP Management: a unique net-based IP management system for management of IP assets of MSMEs
Technical Landscaping: Special technical research reports for Technology mapping and scoping for specific sectors and products
Legal Agreements: Assistance in drafting legal agreement for technology transfer, franchising, licencing etc.
The simple steps for exchange of IP using the platform are provided on the website as follows: —
If you are a seller
Get your IP protected and acquire rights for : Patent, Copyrights, Trademarks, Designs etc,
Register with IPREXCHANGE.IN, fill details of your IP
Specify whether you would like to sell the IPR rights outright or you would like to licence it or give franchising rights etc.
If you are looking for technologies or buying IPRs:
Register your details
Search as per your interest: product/ sector specific offers; read the details of offers
The Controller General of Patents Design and Trademarks (CGPDTM) office is taking various measures to make the system of the patent office more user friendly and transparent. Two steps taken in this regards are :
SMS alert facility for patent applications has been operationalized – The CGPDTM has started the SMS alert facility for Applicants and Agents whereby they will receive alert informing them the progress of applications at various stages of processing. The alerts will also be indicating timelines and non-compliance which may lead to refusal/abandonment of applications. The updates would be sent on the mobile numbers provided in the address for service.
Publication of Examination reports generated – CGPDTM will publish in the weekly official journal of the Patent Office, the details of the First Examination Reports (FER) generated.
This is indeed a commendable step towards streamlining the processes especially when the of FERs issued every month is significantly higher than ever in the past. For reference, Journal dated 27th October, 2017 shows reports for the week of 16th October 2017.
Controller General of Patent Design and Trademark and Director General of World Intellectual Property Office (WIPO) have signed Cooperation agreement on 5th October 2017 at Geneva Switzerland to facilitate the exchange of data between these offices including Indian Patent documents , search and examination reports through WIPO CASE and WIPO Digital Access Services (DAS) to make priority documents available electronically.
The agreement also envisages the regular data exchange between WIPO and Indian Patent Office (IPO).
The Delhi High Court in a recent decision has allowed an application of the plaintiff, Ericsson to constitute a Confidentiality club (See decision here- )Ericsson v Xiaomi- Confidentiality Club Order (2). Ericsson had filed a suit for permanent injunction against the defendants, XIAOMI seeking a restrain from violation and infringement of its rights in its patents being as (i) IN 203034; (ii) IN; (iii) IN 234157; (iv) IN 203686; (v) IN 213723; (vi) IN 229632; (vii) IN 240471; (viii) IN 241747. The said suit is pending adjudication before Delhi High Court and is currently at the initial stages of trial.
Ericsson filed an application seeking constitution of confidential club. It was argued by Ericsson that the court has to determine as to whether Ericsson has offered to XIAOMI a licence on fair, reasonable and non-discriminatory (FRAND) terms and whether Ericsson is entitled to damages or payment of royalties from the Defendants for sales made by it devices infringing Ericsson’s patented technology and if so, for what period and on what terms. It was further argued that in order to assist Court, Ericsson would be producing various patent licensing agreements with similarly placed parties, including competitors of the Defendants. These agreements are highly confidential in nature and contain, apart from licensing rates, business sensitive information relating to such similarly placed parties, hence the plaintiff is seeking constitution of confidentiality club wherein all confidential licence agreements relating to similarly placed parties be permitted to be filed in sealed cover and be kept in the safe custody of the Registrar General and its access shall be to limited personnel from either side.
The defendants were not averse to the constitution of such confidentiality club but pressed the defendant/clients be allowed to be a party to such club or to have an access to the information.
The Court appreciated that in today’s world of globalization, where competition is at its peak, the organizations may not be inclined to disclose trade secrets/confidential agreements or its details, it had entered with different parties lest may cause serious prejudice to such parties. Hence the Court held that there is no impediment if the confidential club is created and its access is limited with procedure to be adopted as below :
All confidential license agreements relating to similarly placed parties be permitted to be filed in a sealed cover and be kept in the safe custody of the Registrar General;
Each party be directed to provide on an affidavit, a list of no more than five lawyers (who are not and have not been in-house lawyers of one of the parties) and no more than three external expert witnesses, who alone will be entitled to see the aforesaid confidential documents/patent license agreements;
Said lawyers and expert witnesses will be bound by confidentiality orders passed by this Court and will not make copies or disclose the contents of the said aforesaid confidential documents/patent license agreements to anyone else or anywhere else, including in other legal proceedings, oral and written communications to the press, blog publications etc., so that the spirit of the confidentiality regime would be preserved;
The parties i.e. the Plaintiff and the Defendant No.l and Defendant No. 2 will be allowed to inspect said patent license agreements only through the confidentiality club members and no copies will be made of such confidential documents/license agreements. After the inspection, the aforesaid confidential documents/patent license agreements be resealed and again deposited with the Registrar General of this Court;
Direct that during recordal of evidence w.r.t aforesaid confidential documents/patent license agreements etc. only members of the confidentiality club shall be present;
During proceedings of this Court, when the said documents are being looked at, would be in camera to the effect that only members of the confidentiality club be permitted to be present.
The parties would give copies of the aforesaid confidential documents/patent license agreements to the members of the confidentiality club only after redacting the confidential information including the name of the parties. However, the rates/products will not be redacted.
Any evidence by way of affidavit/witness statement which may contain aforesaid confidential information/terms of the agreement(s) shall be kept in a sealed cover and would only be accessible to the members of confidentiality club. However, a party filing such evidence by way of affidavit would give to the opposite party a copy of such affidavit after redacting the confidential information/ terms of the agreement(s);