India Launches Mobile App to Help Startups, SMEs Protect their IPRs

The Modi government, on 14th October 2019, has launched a dedicated mobile app and website to assist Indian startups and SMEs with the Intellectual Property Rights (IPRs). DPIIT, the Department for the Promotion of Industry and Internal Trade along with Qualcomm and National Law University, Delhi, has developed these dedicated tools.

Guruprasad Mohapatra, secretary DPIIT, said that startups and small companies are more tuned into investment-making and risk-taking, but lack legal knowledge. The recently launched website and app, which aim at aiding startups and SMEs to learn to safeguard and maximize their innovations, would be useful for enterprises and startups holding great promise for the nation and its economy. In the present age, where we are at the inception of the fourth industrial revolution, the interface between technology and law is continuously growing. Therefore, it is essential to have a specialized site and app that could help startups and SMEs with the Intellectual Property (IP) processes, he added.

Like the Start-up India scheme, launched by Prime Minister Narendra Modi three years ago, the site and app launched now would also encourage the culture of innovation in India. At present, there are over 20,000 recognized start-ups running in all 28 states. Although IPRs obtained by Indian startups are considered imperative for the success of the fourth industrial revolution, the lack of knowledge regarding legal provisions turns it difficult for newbies to capitalize on their innovation.

IPR Protection for Not Just Start-ups

The e-learning platforms – L2Pro India IP e-learning Website and the L2Pro India Mobile App will help not only startups but also innovators, entrepreneurs, and small and medium enterprises (SMEs) in comprehending IPRs for their protection and ownership. Besides, the individuals and organizations can use this mobile app and IPR learning portal to integrate IP into their business models and reap benefits of their research and development (R&D) efforts.

The L2Pro has already been implemented in several foreign countries, including Germany, UK, Italy, and France. In India, the learning app and portal have been customized to make sure that the innovations of startups are protected, managed, and commercialized.

Different Modules for Different Levels

The L2Pro India IP e-learning platform holds eleven (11) modules for three different levels, ranging from basic to intermediate and advanced. Every single module out of these 11 includes e-text, short animated videos associated with the concept, links to additional sources on the subject. It also covers quizzes for assessment and grading the users’ knowledge and understanding of the subject. Learners can access the L2Pro IP e-learning platforms on their computers (desktop, laptop, etc.)  and mobiles (Android and iOS), and they will be given e-certificates by CIPAM-DPIIT and NLU, Delhi and Qualcomm on successful completion of the e-learning modules. For view-source: https://www.kashishipr.com/blog/india-launches-mobile-app-to-help-startups-smes-protect-their-iprs/

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Facebook’s Calibra Sued for Trademark Infringement over Identical Logo

Facebook’s cryptocurrency project named Libra has hit another roadblock as Current, a mobile banking app, has sued its Calibra subsidiary for Trademark Infringement over the similarity of logos.

According to the complaint submitted on 10th October 2019 in the US District Court for the Southern District of New York, Current alleges that Calibra’s logo isn’t just confusingly similar but also virtually identical to its mark.

Current while claiming to have registered its logo with the U.S Patent and Trademark Office (USPTO), said that it had sent a letter to the Facebook subsidiary on 23rd July 2019, but received no response. As per the lawsuit, Current received the response from Facebook stating that it is looking into the matter, on 12th August 2019, after sending another letter on 2nd August 2019.

Current continued that communications over telephone calls and emails relating to discussions regarding a mutually acceptable solution of the matter had not been fruitful, and it has received no evidence or response suggesting Calibra will consider its demand to cease using the infringed mark. That’s why the firm is looking for preliminary and permanent injunctive and monetary reliefs. Being confusingly similar and virtually identical to Current’s mark, Calibra’s logo is causing irreparable harm to its reputation, market, and goodwill. Besides, as the advertising, marketing, and promotion in regards to both parties are made through the same marketing channels, including websites and social media platforms, the infringed mark is likely to create confusion and deception, Current added.

Current claimed that the San Francisco branding firm, which had designed both logos, failed to inform Calibra about providing them with a logo whose design is similar to the logo that it had previously provided to Current. The company further notified that Facebook, which adopted the mark in June 2018 with ideas to launch Calibra digital wallet, has obtained substantial press coverage since then.

Facebook’s Calibra, which drives the giant’s plans to launch a cryptocurrency named Libra, has been facing many headwinds. Last week, PayPal proclaimed its decision to abandon further participation in the Libra Association, a non-profit foundation led by Facebook in Geneva. Soon after, Visa, Mastercard, Stripe, and eBay followed the particular suit, as stated by several media reports.

David Marcus – head of Calibra took the exits in his walk, thanking Mastercard and Visa on Twitter. He then, in a separate tweet, has revealed that the current setbacks may not be a precise read of Libra’s fate.

Marcus explained that obviously, it isn’t great news in the short term, but on the way, it’s releasing. Besides, for more expected to come very soon, stay tuned. Change of the present magnitude is hard when one knows that he/she is on to something where so much pressure builds up, David added.

Facebook revealed some details about Calibra saying that the goal of this Facebook subsidiary, which is formed in June this year, is to provide financial services, by using the Libra Blockchain.  The wallet will enable users to send Libra to anyone they want, just like they might send text messages with their smartphones. The first product that Calibra intends to come up with is a digital wallet for Libra, which would soon be available in WhatsApp, Messenger, and as a standalone app.

The social media giant has faced stern distrust and resistance from regulators and many others, thus prompting David Marcus to stress that Facebook will not proffer the Libra digital currency until and unless it has comprehensively addressed regulatory concerns and obtained appropriate approvals. For view-source: https://www.kashishipr.com/blog/facebooks-calibra-sued-for-trademark-infringement-over-identical-logo/

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Kerala: TDB Seeks Patent Cover on Iconic Temple Prasadams

The Travancore Devaswom Board (TDB) recently has decided to secure a patent for Ambalapuzha Palpayasam, Kottarakara Unniyappam, and Sabarimala Aravana.

TDB president A Padmakumar said that the decision comes following the report showing illegal production and sale of counterfeit prasadams under the name of well-known Ambalapuzha Palpayasam. He explained that fake Ambalapuzha Palpayasam is being illegally produced and sold in several bakeries in the state, and obtaining the patent would prohibit unauthorized people from continuing to sell the products under the same or similar name.

He continued by saying that it is the first time when the temple prasadams will be getting Patent Protection to secure their uniqueness. The TDB has made this decision to obtain the patent rights under the Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act), which is a sui generis Act of the Parliament of India for registration and better protection of geographical indications associated with products in India. As per the Geographical Indications Act, no one other than the authorized user can use the name of a registered product.

The recent move by TDB is to check and stop the sale of counterfeit versions of the iconic temple prasadams by hawkers as it is found that many catering agencies are not just preparing similar palpayasam but also naming it as Ambalapuzha Palpayasam. The board members have already started taking legal steps against the cheaters who are cheating people by using the name of their popular product. The law department has been asked to aid them with legal opinions to tackle the case, said Mr. A Padmakumar.

The president also told that earlier this month, TDB had begun with some legal measures against a bakery for allegedly making and selling milk porridge in sealed containers under the famous name – Ambalapuzha Palpayasam. Other than some specific bakeries, several catering houses and marriage caterers are also marketing fake palpayasam under the guise of Ambalapuzha Palpayasam for making profits, and the Travancore Devaswom Board is planning to take legal action against them. He cleared that the real prasadam is prepared at the temple and distributed to the devotees after offering it to the deity, but unfortunately, caterers and bakers at many other places are making the same or similar products, which then are sold with a claim to be real prasadams. At last, he ended the conversation by saying that it is for the first time in history when someone is taking steps to obtain a patent for the temple prasadams/ offerings. For view source: https://www.kashishipr.com/blog/kerala-tdb-seeks-patent-cover-on-iconic-temple-prasadams/

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