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The Patents (Amendment) Rules, 2020 that was notified in the month of October is different from its 2003 format as several amendments have been made to the timeline and content required while submitting the Statement of Working of Patents for a granted Patent. The same can be found in Form 27 of the amended rules that states the statement of working of the patent is to be filed by the patentee or licensee once every financial year, within six months from the expiry of such financial year (i.e. within September 31st of each year). Another significant change is in the filing of documents that can be found in Rule 21 of the amendment. It essentially emphasises on the fact that the filing of the Priority document under Rule 21 has been amended to include the additional requirements of paragraphs (a), (b) or (b-bis) of Rule 17.1 of the Regulations under the Patent Cooperation Treaty.
A jury in Texas has ruled that Apple has to pay VirnetX a sum of $502.8 million in royalties for their feature ‘VPN on Demand’ that lets iOS users access a VPN connection. The ongoing legal battle between the countries started back in 2010 when VirnetX accused Apple’s FaceTime feature of infringing their patents. Apple in the present case had argued for a royalty rate of 19%. However, the jury decided on a hefty 84% per unit total resulting in a sum of $502.8 million
Earlier this year, a US appeals court rejected Apple’s request to reconsider a split decision ruling that found it infringed on VirnetX patents. The ongoing court fight has gone back and forth, with a federal court in Texas ordering Apple in 2018 to pay VirnetX $502.6 million for violating four patents relating to internet-based communications, which refers to the underlying technology behind Apple’s FaceTime and iMessage.
Social media app TikTok and its Chinese parent ByteDance are fighting back in a patent infringement case that has been brought by smaller rival Triller in the United States. They filed a case in San Francisco federal court in response to a patent infringement lawsuit that Triller filed in July. In its lawsuit, Triller claimed that TikTok and ByteDance have been infringing on its patents and stealing its technology for years. In the latest legal filing, TikTok and ByteDance argue that Triller’s allegations have “cast a cloud” over ByteDance’s business. ByteDance is now requesting a court order that it, its products, and its users don’t infringe upon the patent and that none of them are liable for damages or injunctive relief.
Norton has filed for as many as six new names underneath TVS possession. Norton Motorcycles has filed trademark functions for a number of new names, presumably for use in a variety of latest bike fashions to be launched underneath the possession of India’s TVS Motor Company. The newest trademark functions, filed with the European Union Intellectual Property Office, are the primary potential mannequin names registered by the enduring British bike model since TVS acquired it in April 2020 for 16 million GBP. The names filed within the trademark functions are taken from Norton’s illustrious historical past, and embrace ‘Norton Electra’, ‘Norton Fastback’, ‘Norton Navigator’, ‘Norton Nomad’, ‘Norton Ranger’ and ‘Combat’.
The government has made changes in the Patents (Amendment) Rules, 2020. This is to ease the compliance burden, boost innovation, and increase ease of doing business. Now, in respect of single or multiple related patents, the patentee would get flexibility to file a single Form 27, according to the Ministry of Commerce & Industry. Form 27 can be submitted on behalf of the patentee by authorised agents for ‘Ease of Doing Business’. The patentee would be required to provide approximate revenue or value accrued and they would get 6 months to file form 27 instead of 3 months from the expiry of the financial year. Now, the patentee will not be required to file Form 27 in respect of a part or fraction of the financial year.
WWE has filed for a new trademark for the name Sin Cara with The United States Patent and Trademark Office on Oct 21. In WWE, 2 Superstars used to wrestle under the name of Sin Cara. Of which, one left the company in 2019. WWE had two trademarks of Sin Cara, both of which were for general merchandise use. They had been cancelled on August 28th and September 25th, earlier this year. WWE currently has two trademarks, one for entertainment services, general pro wrestling use, and the other for merchandise use.
The 128th China Import and Export Fair (Canton Fair 2020) has introduced a new mechanism that provides technical assistance in order to support and protect company intellectual property rights by establishing an Intellectual Property Rights (IPR) protection mechanism. The main aim behind such an initiative is to complete IPR and trade dispute settlement mechanism to improve public awareness on the concept of IPR, says Quandong Liu, Deputy Director General of Foreign Affairs Office of Canton Fair.
Exhibitors can elect to put up a ‘technical barrier’ to protect their IPR by hand-picking visitors and potential buyers who browse their products and enter live stream showrooms through a technical filter. A system of checks are done on the exhibits, their packaging and even the promotional materials before and during the fair as a mechanism to prevent infringement. In addition, exhibitors who hold the IPR or authorization can upload corresponding supporting documents to the fair’s website for verification, and as something to use in response to any charges or appeals.
The Intellectual Property Facilitation Centre was inaugurated at Jammu in a Sub Centre in Srinagar virtually by Lieutenant Governor, Manoj Sinha.
The initiative is a move by the Government to promote awareness and adoption of Intellectual Property Rights amongst entrepreneurs and MSMEs in J&K.
The Lt Governor said that the UT government is making efforts to promote and grow MSMEs and all associated with the sectors, highlighting the Government’s initiatives for development of the economic sector of J&K. The recent steps taken by the government will uplift the sectors in a short period of time.
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