I presented 'Intellectual Property for Startups—What Our Laws Demand' to tech entrepreneurs, startup founders, and enthusiast at Tech Unravel organized by Tribe, Awka, Anambra State, Nigeria, 8 April 2017.
Presentation on IP Management and Start Ups by Prof. A. B. SurajBananaIP Counsels
Presentation on IP Management and Start Ups by Prof. A. B. Suraj
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Procedure For Registration Of Trademark In IndiaStartupwala
Procedure for Registration of Trademark in India, How to register trademark in India Guide, Brand and logo protection in India, registration of logo in India, How to apply for your TRADEMARK in India, Why to file Trademark, benefits of trademark application.
Presentation on IP Management and Start Ups by Prof. A. B. SurajBananaIP Counsels
Presentation on IP Management and Start Ups by Prof. A. B. Suraj
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Procedure For Registration Of Trademark In IndiaStartupwala
Procedure for Registration of Trademark in India, How to register trademark in India Guide, Brand and logo protection in India, registration of logo in India, How to apply for your TRADEMARK in India, Why to file Trademark, benefits of trademark application.
Patent Law in India_What,How to get it regisgtered and protectedKrishan Singla
It describes the patent law in India and describes what comes and what does come under patent . In other words it defines what kind of inventions can be patented . In brief it contains the following topics:
-What is intellectual property
-Meaning of Patent
-Legislative Framework Patents
-Patent Law - Salient Features
-Safeguards in the Patent Law
-Definition of patentable invention
-Inventions not patentable
-Documenting invention
-Steps for obtaining a patent in India
-Rights of product patentee
-Rights of process patentee
-Renewal of patent
-Infringement of patent
-Patent Due Diligence
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
Career opportunities in Patents and other IPRPankaj Kumar
This ppt indicates various Career opportunities in Patents and other IPR. A candidate in any subject may opt their career in this domain. A particular science subject may help a candidate to understand and draft specification in the domain and therefore job particularly of patent agent require qualification of science graduation.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
Intellectual Property Rights [Trade Secret]Anil Kumar
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
In a startup, Intellectual Property (IP) or intangible assets are often more than 90% of the value of the company and therefore, a carefully planned strategy for IP protection is necessary
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
Online marketing has opened the floodgates for trademark and copyright infringement—learn the essentials of intellectual property. BRANDit Live! is a series of webinars hosted by Studio 2055 that include lively discussions with our special guests who bring insight and knowledge to the subject of brand.
Patent Law in India_What,How to get it regisgtered and protectedKrishan Singla
It describes the patent law in India and describes what comes and what does come under patent . In other words it defines what kind of inventions can be patented . In brief it contains the following topics:
-What is intellectual property
-Meaning of Patent
-Legislative Framework Patents
-Patent Law - Salient Features
-Safeguards in the Patent Law
-Definition of patentable invention
-Inventions not patentable
-Documenting invention
-Steps for obtaining a patent in India
-Rights of product patentee
-Rights of process patentee
-Renewal of patent
-Infringement of patent
-Patent Due Diligence
An overview of the basics of US trademark law for entrepreneurs, business people, and creative professionals. "What Is a Trademark?" includes the following:
A brief definition of trademarks.
Definitions of the other forms of intellectual property (copyright, patent, and trade secrets).
Types of trademarks.
What's trade dress?
How are trademark rights acquired?
Trademark registration, and what do those symbols ™ and ® mean, anyway?
How long do trademark rights last?
For more information, please go to LizerbramLaw.com
Career opportunities in Patents and other IPRPankaj Kumar
This ppt indicates various Career opportunities in Patents and other IPR. A candidate in any subject may opt their career in this domain. A particular science subject may help a candidate to understand and draft specification in the domain and therefore job particularly of patent agent require qualification of science graduation.
This is a brief intro to Trade Secret law.
This presentation includes:
• A definition of Trade Secrets.
• Description of “Negative” Trade Secrets.
• How long do Trade Secrets last?
• Legal protection for Trade Secrets.
• How do you file a Trade Secret? (Spoiler: you don’t.)
• How to protect Trade Secrets.
• What happens when a Trade Secret is breached?
• Trade secret licensing.
Intellectual Property Rights [Trade Secret]Anil Kumar
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
In a startup, Intellectual Property (IP) or intangible assets are often more than 90% of the value of the company and therefore, a carefully planned strategy for IP protection is necessary
Copyright registration process: There are few easy steps which will help you for the registration of copyright. Follow this steps for whole procedure for registration of copyright.
Online marketing has opened the floodgates for trademark and copyright infringement—learn the essentials of intellectual property. BRANDit Live! is a series of webinars hosted by Studio 2055 that include lively discussions with our special guests who bring insight and knowledge to the subject of brand.
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
Introduction to Intellectual Property (IP)
Presentation includes types of IP - Trade Secrets, Copyrights, Trademarks, Patents; Timing Issues for Protecting IP; and Patent Strategy Models
Startups- know 4 types of ip protection for businesseseTailing India
Copyrights protect original works of authorship, such as literature, music, artistic works, and computer software. As the holder of a copyright, you have the exclusive right to reproduce, adapt, and distribute the work. A copyright exists from the moment the work is created, so registration is voluntary.
However, registered works may be eligible for statutory damages and attorney’s fees in a copyright infringement suit, so it is recommended that you register at your local Copyright Office. You can register your copyright online by completing an application, and sending in a non-returnable copy of your work.
Legal mistakes can doom even the best startup concepts and founding teams. This workshop prepares you with a legal road map to successfully safeguarding your product or idea. Yuri Eliezer, Founder and Patent Attorney at SmartUp, will show you how to reserve your Intellectual Property rights.
Each business has some form of intellectual property. Whether its trademarks, copyrights, patents, or trade secrets, each needs to be understood and protected.
Scinnovation (also known as SCPL) is in the business of Scaling Innovation since 2005 and provides innovation, R&D and Intellectual Property (IP) solutions to start ups, innovators and businesses.
SCPL is involved in creating the innovation ecosystem by getting ideas protected globally, creating IP strategy for new product launch, and providing solutions to enforce IPR.
Intellectual Property - why it matters for your business. This very short presentation provides an overview of IP rights and suggests some areas that you might want to look into for protection of these business assets.
IP: What Every Lawyer & Every Client Must Understand (Series: Intellectual Pr...Financial Poise
Intellectual property or “IP” is a term used to describe certain types of intangible property. Like other forms of property, such as real estate and personal property, IP can be owned, purchased or transferred. How ownership is determined differs according to the type of IP. This webinar discusses the importance of certainty in ownership of IP and how ownership of IP is entangled with areas of corporate law and employment law.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/ip-what-every-lawyer-every-client-must-understand-2021/
Intellectual Property Considerations - From Bench to MarketKirby Drake
This presentation provides an overview of intellectual property rights and a discussion of why you should protect, when you should protect, and how you should protect innovation from bench to market.
Ideas and designs are the lifeblood of creative businesses and infringement can be particularly costly and damaging. This guide will explain what simple steps SMEs can take to best prevent infringement from Chinese competitors and potential business partners.
This presentation will be covering intellectual property, tips, case studies, and where the industry is heading for each industrial, communication and interaction design, and also an interview with developer and designer, Audrey Tang, about open sources and creative commons
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
3. What does the 5 most valuable brands in the
world have in common?
4. Intellectual Property!
All 5 valuable brands have:
1. copyrights over their knowledge system and codes for
their software programs;
2. trade marks connected to their goods and services;
3. patents over inventions they own, license, and
distribute;
4. design rights over the shape, size, etc of the products
they own or make; and
5. trade secrets for their business methods.
5. How valuable is your startup’s brand?
1. Do you have any copyright in the codes you write for
your next big app?
2. Do you have any trade mark over your startup’s
brand name, logo, colour, etc?
3. Do you have any patent over your startup’s
inventions?
4. Do you have design rights over your startup’s
creative use of lines, colours, or any 3-dimensional
forms to be used as a model or pattern to be
multiplied by industrial process?
5. Do you have trade-secret rights over your startup’s
business model or product development?
Clip Art
http://www.clipartbest.com/cliparts/yik/A5p/yikA5pBiE.jpeg
6. Think big. Think IP.
Intellectual Property
is
BIG
investment
in your startup business,
not costs.
8. What is intellectual property (IP)?
“Intellectual property (IP) refers to
creations of the mind, such as
inventions; literary and artistic
works; designs; and symbols, names
and images used in commerce.”-
WIPO
World Intellectual Property Organization Nepascene
http://nepascene.com/wp-content/uploads/2015/04/intellectual-
property.jpg
IP is the key to knowledge, innovation, and wealth—
intangible assets that bring tangible rewards.
9. Key words that matter to your startup
Designs ............................................ Industrial Designs
Literary and artistic works ……………….Copyright
Inventions …………………………………..Patents
Symbols, names and images …………..Trade Mark
10. IP is big …. really BIG
The 4 biggest
types of IP:
• Copyright
• Designs
• Patent
• Trade Mark
Blox Images--
http://bloximages.newyork1.vip.townnews.com/lancasteronline.com/content/tncms/assets/v3/editorial/a/
b8/ab8fd018-bfff-11e3-adf2-0017a43b2370/53456e022c414.image.jpg
What is IP?
11. IP keeps getting bigger and bigger ….
• Geological
Indications
• Trade Secrets
• Traditional
Knowledge
Kelly Dorsey Law
http://kellydorseylaw.com/wp-content/uploads/2014/10/9434413_l.jpg
What is IP?
12. Copyright
What is IP?
Iomnitzer Law
http://www.lomnitzerlaw.com/wp-content/uploads/2015/09/copyright-registration-boca-raton-
283x237.jpg
Copyright embodies the
legal entitlements a person
has over a creative work. It
is the right the creator or
owner of a literary, musical,
artistic, or cinematographic
work, or audio work
recorded as a sound or
broadcast, has over the
work.
13. Copyright protects creative works that are
original and fixed in any definite medium of
expression.
Under the Nigerian Copyright Act, 6 types of
creative work are eligible for copyright:
1. Literary Works. 2. Musical Works.
3. Artistic Works. 4. Cinematographic works.
5. Sound recordings. 6. Broadcasts
Copyright: What does copyright do?
What is IP?
Postings from an Edge
http://postingsfromanedge.blogspot.com/2011/04/cre
ative-commons-in-classroom-use-share.html
14. Creative works eligible for copyright
a. Literary works
Kenyan Poet
http://kenyanpoet.com/wp-content/uploads/2013/03/A-young-
Achebe-.jpg
"
a. novels, stories and poetic works;
b. plays, stage directions, film scenarios
and broadcasting scripts;
c. choreographic works;
d. computer programs;
e. textbooks, treaties, histories, biographies,
essays and articles;
f. encyclopaedias, dictionaries, directories
and anthologies
16. Creative works eligible for copyright …contd
b. Musical works
Information Ng
http://www.informationng.com/wp-
content/uploads/2016/10/Phyno-Looks-Fierce-In-This-New-
Photos-Peek-1.png
17. Creative works eligible for copyright …contd
c. Artistic works
Pinterest
https://www.pinterest.com/pin/510525307738505455/
a. paintings, drawings, etchings, lithographs,
woodcuts, engravings and prints;
b. maps, plans and diagrams;
c. works of sculpture;
d. photographs not comprised in a
cinematographic film;
e. works of architecture in the form of buildings
models; and
f. works of artistic craftsmanship and also pictorial
woven tissues and articles of applied handicraft
and industrial art.
18. Creative works eligible for copyright …contd
d. Cinematographic works
It includes:
• visual images or
videos that can be
reproduced
• recordings of a
sound track
associated with
the
cinematograph
film Tunde Kelani
Buzz Nigeria
http://buzznigeria.com/romantic-nigerian-movies/
Tech 360
http://www.tech360ng.com/wp-content/uploads/2013/02/tundekelani.jpg
19. Creative works eligible for copyright …contd
e. Sound recording
Sound capable of being:
• perceived aurally and
• reproduced.
But ….
Sound recording does not
include a sound track
associated with a
cinematograph film.
20. f. Broadcast
Sound or television broadcast or
rebroadcast by:
• cable program;
• satellite program; or
• wireless telegraphy or wire (or
both).
Creative works eligible for copyright …contd
Pearson
http://ptgmedia.pearsoncmg.com/images/art_rich_usingiphoneipadvoic
erecmtgs/elementLinks/rich5_fig01.jpg
21. Benefits of Copyrights Registration for Startups
1. It gives you exclusive ownership of your work with power to
assign or licence it to others.
2. Your work will be published in the Nigerian Copyright
Commission’s (NCC) register and it will be searchable by the
public.
3. It gives notice to the public that you own the work thereby
discouraging others from using the work, without authorization
by you.
4. It enables you avoid costly disputes over ownership of the work
if somebody takes your work without authorization.
5. It serves as proof of your ownership of the work and as an asset
to your startup.
22. 6. It entitles you to statutory damages.
7. It grants you the right to sue for damages against
unauthorized users of your registered work.
Benefits of Copyright Registration for Startups
Contd ….
It makes sense to register your
work as soon as you have created
it. This enables you maximize all
the benefits of copyright
registration.
Ytimg
https://i.ytimg.com/vi/3bctB6Ppkg4/maxresdefault.jpg
23. Enforcement of copyright under the Nigerian
Copyright Act 1988
A copyright owner whose copyright in a work has been
infringed is entitled to 5 civil remedies:
1. Injunction;
2. Damages;
3. Account of Profits;
4. Delivery Up; and
5. Conversion Right
26. What is IP?
Trade Marks: What do trade marks do?
IP Leaders
http://blog.ipleaders.in/wp-
content/uploads/2014/06/080425-glossy-black-3d-
button-icon-business-trademark-ps.png
Logo My Way
http://blog.logomyway.com/wp-
content/uploads/2011/09/registered-trademark.jpg
Trade mark means a word, sign,
slogan, or symbol used in relation to
business.
For services, it is called service mark.
Trade marks exclusively identify goods
and services with their users in
connection to their business.
27. Benefits of Trade Marks Registration for Startups
1. It discourages others from using marks that are
confusingly similar to yours.
2. It enables your trade mark to be applied nationwide, not
limited to the area your products or services are known.
3. It provides nationwide notice of your ownership of the
mark from the registration date.
4. It gives you exclusive ownership of your mark with power
to assign it to others.
5. It serves as evidence of the validity of your mark for the
goods and services listed in the register.
28. 6. It grants you the right to use the ®
symbol when the mark is used for the goods
and services in the register.
7. It grants you the right to sue for damages
against unauthorized users of the mark .
8. It grants you the right to benefit from
statutory damages as a monetary award.
Benefits of Trade Marks Registration for Startups
Contd ….
Next Marq
http://www.nextmarq.com/wp-content/uploads/9342862_l.jpg
29. 9. It increases the worth of your
startup or product particularly
when considering mergers &
acquisitions
10. It empowers law-enforcement
agencies to protect you against
counterfeits and also block imports
that infringe your mark.
Benefits of Trade Marks Registration for Startups
Contd ….
Bern Stein IP
http://bernsteinip.com/wp-content/uploads/2012/06/trademark-
registration2.jpg
30. Enforcement of trade mark under the Nigerian
Trademark Act 1967
A trade mark owner whose trade
mark has been infringed is
entitled to either:
1. sue for passing-off, or
2. claim for injunction, damages,
accounts of profit, delivery
up, and conversion.
Trademarkologist
http://www.trademarkologist.com/files/2013/11/cola.png
31. Some steps to protect your startup from trade mark
issues and problems
1. consider whether their desired or already-in-use business name, domain
name, or logo is already being used by other persons;
2. ensure that they indicate the type of mark they intend to register and
the particular goods or services to which the mark will apply;
3. register their brands early rather than wait till it becomes too late;
4. immediately register key trade marks to minimize risks;
5. constantly monitor uses of your trade marks on the Internet and other
places.
6. Appoint a trade mark agent to handle your trade mark application and
related transactions.
Startups should:
33. What are the requirements for patents?
Under the Patents and Designs
Act, an invention is patentable:
(a) if it is new, results from
inventive activity, and is capable of
industrial application; or
(b) if it constitutes an
improvement on a patented
invention.
Htxt
http://www.htxt.co.za/2013/10/17/chamber-of-commerce-wants-more-patents-for-
sa-businesses/
34. Apply to the Registrar of Patents and Designs with the following:
1. applicant's full name and address;
2. a description of your invention with any appropriate plans and
drawings;
3. a claim or claims;
4. the prescribed fee;
5. If appropriate, a declaration signed by the true inventor
requesting that he be mentioned as the true inventor;
6. If applying through an agent, include a signed power of attorney
How to register a patent
36. The answer is yes—if the
codes for the software
program can be reduced
into a method.
In Nigeria and most
developing countries,
software programs are
protectable as copyright,
not as patent.
Daniel Glasser
http://danielglasser.me/2012/03/perks-pitfalls-outsourcing-programming/
37. • Patents protect your business and inventions from your
competitors;
• It helps you avoid the risk of patent infringement by competitors
and other third parties;
• It gives the patent holder exclusive right to make, use, or sell the
invention;
• Clean patent portfolio impress investors since it functions as a
monopoly in a market;
• Patents provide revenue-generating opportunities to startups
through licensing.
Benefits of registering a patent
39. Any combination of lines or colours or
both, and any three-dimensional form,
whether or not associated with colours, is
an industrial design, if it is intended by the
creator to be used as a model or pattern to
be multiplied by industrial process and is
not intended solely to obtain a technical
result.
Designs as defined under the Patents and
Designs Act
40. “But an industrial
design is not new
merely because it
differs in minor or
inessential ways
from an earlier
design.”- Section
13(5), Patents and
Designs Act
Class Connection
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ipad_71365191202101.jpg
41. 1. The design must be
new; and
2. The design must not
be contrary to public
order or morality.
What makes an industrial design registrable?
Apple Insider
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42. 1. If before the date of application for registration, it has
been made available to the public anywhere and at any
time by means of description, use, or in any other way
What makes an industrial design not
registrable?
Unless it is shown to the satisfaction of the Registrar that
the creator of the design could not have known that it
had been made so available.
‘Public’ means when exhibited in an official or officially
recognised exhibition.
43. How to register your industrial designs
1. A request for registration of the design to the Registrar of Patents and
Designs;
2. The applicant's full name and address ;
3. A specimen of the design or a photographic or graphic representation of
the design with any printing block or other means of reproduction from
which the representation was derived;
4. An indication of the kind of product (or, where a classification has been
prescribed, the class of product) for which the design will be used;
5. Where appropriate:
i. a declaration signed by the true creator requesting that he or she be
named as creator of the design; or
ii. if the application is made by an agent, a signed power of attorney
6. The prescribed fee.