Exploitation of Intellectual Property Rights

Many seem to know, what is Intellectual Property? Different intellectual property rights and what all can be protected through those rights. However, very few seem to know what to do with it. Are we to keep it in the cupboard and forget about it? On the other hand, should we boast about possessing an IP?

Most commonly, IP right holders imagine, "thank god I have registered my IP, no one can copy now. If anyone copies I will drag them to court".

Well, it is important to protect IP from infringers and safeguard your IP. Nevertheless, that is not its only purpose. I would say if IP is not exploited it is equal to an abandoned house.

A house for example, can be sold, mortgaged or could be given for lease and income can be earned. Similarly, IP can also be licensed, pledged or assigned and income can be earned.

No owner of a house would wish to keep it locked if he knows that it will fetch decent income. Therefore, all IP holders should recognize that IP is capable of generating revenue and should exploit to the maximum. In others, words should be treated as a valuable asset.

Helmet – a patent view

Helmet – a patent view

Today we are going to look in to a patent filed and granted by USPTO relating to HELMETS.  The wearing of the helmet is the most controversial and sensational topic in the city these days. Though the wearing of the helmet is for the safety of the individual and after a ruling by the Hon’ble Madras High Court, the government is insisting on the same in Public Interest.

Let us see the details of a patent filed in the year 1956 have made impact until date.

PROTECTIVE HELMET – USPTO 2923941

Protective Helmet - US Patent No.2923941

Herman P Roth and Charles F.Lombard of California patented this particular invention. The application was filed on 25.09.1956 vide application no. 611,848. The inventor discloses the invention as

“This invention relates to protective helmets designed for protection of Human head against impact injury, most particularly to protective hats or helmets such as may be worn by industrial workers, motorcycle riders, automobile race drivers, and others engaged in activities where injury to the head is a serious possibility”

The main objects of this invention as disclosed in the patent are:

1.   To provide a protective helmet, which utilizes an energy-absorbing substantially non-resilient material, such as disclosed in U.S. Patent No.2, 625,683, which deforms under impact to dissipate impact energy; the helmet also incorporating a novel suspension means whereby the helmet is comfortably supported on the wearer’s head.

2.      To provide a protective helmet wherein the suspension means does not interfere with the function of the impact energy-absorbing material.

3.      To provide a protective helmet of this type wherein the suspension means may vary or be adjusted as to size, so that a single size of helmet shell with its impact energy-absorbing layer may be accommodated to a range of head sizes.

4.      To provide a protective helmet of this type wherein the suspension means is attached in a novel manner to the impact energy-absorbing material of the helmet.

The inventor has earlier filed an US patent for a non-resilient material disclosed in US 2,625,683. The patent document cites 10 different patents filed for Helmet during the period from 01.05.1945 to 19.02.1957. Interestingly a foreign patent 996,612 was cited from France dated 05.09.1951.

The claims made in this patent is extracted below for better understanding of the invention.

 

Statistics about International IP filings

Every year WIPO-World Intellectual Property Organisation discloses the statistics about IP filings worldwide. The applications are filed under International Conventions in the year 2012.

Let’s see the details of International Conventions/Treaty.

1. PCT- Patent Cooperation Treaty- for filing Patents transnational

2. Madrid Convention/Protocol-for protecting Trademarks in worldwide markets

3. Hague Convention- International Designs Application

1. Patent Cooperation Treaty

Info graphics system of WIPO published about the details of countries who filed most number of PCT applications under the International Conventions. Totally 194,400 PCT applications are filed in the year 2012. There is an increase of 6.6% of PCT filing. Chinese telecommunication company ZTE was the largest filer in 2012.

Top Countries- PCT Applications

USA	51,207
Japan	43,660
Germany	18,855
China	18,627

Republic 

of Korea        11,848

Top 5 Technologies

Electrical Machinery	13,293
Digital Communication	12,616
Computer Technology	12,391
Medical Technology	11,348
Pharmaceuticals	7,792

Source: WIPO- Infographics-2013

Record Player-Gramophone

Record Player-Gramophone

Patent document - Phonograph- Thomas Alva Edison

Early attempts were made all over Europe and USA by several scientists to invent a better machine to record and play the sounds & music.

Phonograph: 

In the year 1877 Thomas Alva Edison successfully invented his tin-foil machine to record and reproduce sounds.Thomas Edison’s product was marketed under the trade mark “Phonograph”.  The sound was recorded in a round cylinder and then reproduced using the Phonograph.

Graphophone:

Alexander Graham Bell invented another machine to record and reproduce sounds. He named it as “Graphophone” and used wax cylinders which helped him to play the same for so many times. But mass reproduction of the music or sound is impossible because of each cylinder had to be recorded separately.

Gramophone: 

Emile Berliner, a German immigrant working in USA patented a successful machine for sound recording and played the same. Emile Berlin recorded on flat disks or records and stopped to record on Cylinders.The sound/music was etched into the flat disks/records in the form of spiral groove. 

GRAMOPHONE 

The record was rotated on the gramophone. The turntable revolved at an even speed with the help of a spring motor. The Spring Motor was patented by Elridge Johnson for the Berliner gramophone. A needle in the tip of the arm was used to read the grooves in the record by vibration. The Gramophone speaker played back the sound/music information recorded in the disk/record.

Hence the name record player got its name from Berliner's disks (records). These records were the first sound recordings which were produced at mass for commercial exploitation. 

Copyrights and its uses

　

COPYRIGHTS AND ITS USES

 

THE FOLLOWING RIGHTS ARE AVAILABLE TO THE COPYRIGHT OWNER

a. Rights of reproduction,

b. Communication to the public,

c. Adaptation and translation of the work

TERM OF COPYRIGHT

a. Generally for the period of 60 years

b. In case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author.

ADVANTAGES

1. Valid in more than 100 Countries under Berne Convention.

2. No need to renew the copyright certificate.

3. One time investment for creating rights upto two generation.

4. Exclusive right to use, adapt, sale, translate and copy your own works.

5. If someone else uses your work without your permission, owner can take legal action.

LEGAL ACTIONS

INFRINGEMENTS:

A copyright owner can take legal action against any person who does the following acts with respect to the copyrighted work.

a. Copies for sale or hire or selling or letting them for hire;

b. Distributing infringing copies;

c. Public exhibition of infringing copies by way of trade; and

d. Importation of infringing copies into India.

REMEDIES:

The copyright owner is entitled to the following remedies by way of

1. Injunctions,

2. Damages [in terms of money]

3. Seizure of the infringing materials and

4. Rendering the accounts.