May 2011 issue Inside this Issue

IP Audit: Way of assessment of the intangible assets Latest News List of restored patents Kids IP corner

IP Audit: Way of assessment of the intangible assets

Intellectual

By: Bindu Sharma

Property (IP) has gained more

Editors
Bindu Sharma Anita Kalia

importance than ever before in India as well as around the world. Creation of IP requires huge financial investments along with tremendous human efforts. This is the reason it has become increasingly important for companies to keep track of the extent, quality, and use of their intangible assets, as well as to have processes and and procedures in place to create, inventory, perfect and use intellectual property rights associated with those assets. One traditional definition of an intellectual property audit is, the cataloguing of an organization's intellectual property assets but practically IP audit has a wider meaning and may be defined as, a systematic review of the IP owned, used or acquired by a business. Its purpose is to uncover under-utilized assets, to identify any threats to a company's bottom line and to enable business strategists to devise informed strategies that maintain and improve their company's market share and brand equity. The processes and stages in which audit is carried out varies from organization to organization depending upon their business goals and areas of business. Patents may be important for one organization wherein for the other organization copyright or industrial designs may be critical. The process of IP audit includes review of IP processes within the organization, identification of trade secrets and providing best solutions to secure it by advising on the various methodologies necessary to maintain security and confidentiality. IP audit starts from the reviewing of an area of business and the goals that a company wants to achieve. This reveals the kind of IP a company needs to focus upon. The aim of audit typically is to examine and evaluate strengths and weaknesses in the procedures that are used to protect each intangible asset, secure appropriate intellectual property rights, to develop additional processes and to make improvements to existing processes. Most of the times, companies have a particular reason for the requirement of audit. The reason could be acquisition or merging of the company or it may be because the company has undergone some misappropriation of IP and by means of audit; it wants to identify the reason of such misappropriation and flaws in the agreements, security processes or sensitization level among employees. Its essential to define scope of the audit.
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May 2011 issue

After getting the requirements and reasons for audit, the proper plan will be devised and then the executed in best possible manner. The typical components of audit are: reviewing and documentation of existing intellectual property, registered, to-be-registered or not-to-be registered. Registered IP shall be checked for its validity; review of agreements such as Non-Disclosure Agreement (NDA), Employment agreement, agreements with contractors, license agreement etc, to ensure that agreements are sufficiently binding on the employees and contractors to secure proprietor IP interview of employees to assess IP awareness level; monitoring of the processes in the company to ensure confidentiality and security of IP; monitoring systems in R & D wing such as maintaining record book, general practices, IP disclosure forms etc. Based on the observation and information collected, the final report will be prepared and presented to the key people in the organization. The report might reveal strengths and weaknesses of the organization and it may also suggest remedies to rectify the flaws in the processes.

LATEST NEWS Takeda files patent infringement suit against Dr Reddy's

Global pharma major Takeda Pharmaceutical has filed a patent infringement suit against India's secondlargest drug maker Dr Reddy's in a New York Court over the latter's efforts to manufacture a generic version of acid reflux treatment drug Dexilant (Dexlansoprazole). Takeda is a research-based global pharmaceutical company, the largest pharmaceutical company in Japan and one of the global leaders of the industry. Takeda's in-house ethical drugs are marketed in around 90 countries worldwide and are recognized as the brand in major countries worldwide. Takeda alleged that the Indian generic-drug maker and its US subsidiary Dr Reddy's Laboratories Inc has infringed US Patent Numbers 6,664,276 and 7,790,755 (to be expired in June 2020 and August 2026 respectively) through the submission of an abbreviated new drug application seeking approval to market generic versions of Dexilant, a patented drug of Takeda. Dexilant is a drug, used to treat gastro esophageal reflux disease (GERD), a condition in which stomach acid backflows (refluxes) into the esophagus, causing heartburn and possible injury to the esophagus. Takeda requested the court to refrain it from manufacturing, sale and distribution and import of the drug.

Apple Sues Samsung for Copying iPhone and iPad

Apple sued Samsung Electronics for copying the designs of the iPhone and iPad to develop the Galaxy
S smartphone and Galaxy Tab tablet PC. Samsung dismissed the allegations and said Apple is using its patented communications technologies without permission. Industry insiders believe Apple, which pioneered the smartphone market, is trying to prevent Samsung from catching up. Apple's products are famous for their sleek and efficient designs. The iPod, iPhone, and iPad have all become global bestsellers due to their simple design and easy-to-use functions. Samsung's Galaxy S, which was developed to compete with the iPhone, has a relatively sleek body and clear LCD screen, resembling the Apple gadget at first glance. Apples lawsuit in US district Court of Northern California alleges that Samsung copied the look, product design, packaging and user interface of its products, violating its patents and trademarks. Apple also claimed that the design of the Samsung Galaxy S phone and Galaxy Tab tablet infringe upon ten of Apples patents, which relate to the look and feel of its iPhone and iPad products. Samsung is one of the fastest-growing smartphone makers and has emerged as Apples strongest competitor in the booming tablet market with models in three sizes but it remains a distant second in the space.
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May 2011 issue

PATENTS RESTORED IN THE MONTH OF APRIL 2011

Below is the published list of patents that lapsed and were restored by the patent office on request of the patentee in the month of April 2011. SN 1 2 3 4 5 6 7 8 Patentee Uni-Charm Corp Optimum Power Technology, L.P Optimum Power Technology L.P. Mtu Aero Engines Gmbh Saint-Gobain Glass France Celanese Chemicals Europe Gmbh Tso3 Inc. Ms. Anita Das Revindranath, Shri. U.S. Sarma Ms. Anita Das Revindranath, Shri. U.S. Sarma Ms. Anita Das Revindranath, Shri. U.S. Sarma Shri. Klaassen Bernhard Wilhelm Geziena Nicolaas, Shri. Klaassen RitaHelene Holseng M/S. Given Imaging Ltd M/S. Fib Belgium S.A. Guerra Navas, Antonio, Manuel, Ortubai Balanzategui, Kristina Ingnatius Orwin Noronha Indian Oil Corporation Limited National Centre For Cell Science,Tata Institute Of Fundamental Patent no 201473 220499 227661 235854 227326 220502 224199 208306 Title Sanitary Napkin An Engine Management System Engine Fuel And Air Delivery Apparatus And Method Thereof . Recirculation Structure For Turbocompressor Glass Substrate Provided With Raised Glass Elements A Catalyst Comprising Palladium For The GasPhase Oxidation Of Ethylene And Acetic Acid To Vinyl Acetate And A Process For Producing Them Improved Ozone Sterilization Method A Process For The Treatment Of Coir Retting Effluents A Process For Retting Of Coconut Husk For Separation Of Fibres From Husk A Process For The Preparation Of A Fertilizer

208307

10

208580

11

206280

Vaginal Speculum

12 13

211838 199093

A Device For Testing Body Lumen A Wiping Device With A Gas Jet And A Wiping Process

14

223452

A Game Board

15 16

240728 186202

An Improved Apparatus For Attracting, Trapping, Damaging Instantly And Subsequent Killing Of Insects A Novel Composition For Use In Petroleum Products. A Composition Useful In Developing An Artificial Bone Marrow-Like Environment

17

247460

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18 19

Research Neogenix Oncology Inc. Bose Corporation Kronos International, Inc. Omya Development Ag Rpg Life Sciences Limited Agency For Science, Technology And Research Nisaraga Biotech Private Limited

247461 247477

20 21 22 23

247482 247483 247484 247491

Recombinant Monoclonal Antibody For Colorectal And Pancreatic Cancer Cells A Tunable Am Radio Antenna In The Form Of A Ferrite Bar Loop Antenna Titanium Dioxide Pigment Particles With Doped Dense Sio2 Skin And Method For The Production Thereof Precipitated Calcium Carbonate Pigment, Especially For Use In Inkjet Printing Paper Coatings Thiazolidine-2,4- Diones And Its Bioisosteres As Antidiabetic Agents An Oligonucleotide And Method Of Its Preparation And Detection Process For Potentiating Therapeutic Herbal Powders For Preparation Of Potent Pharmaceutical Compositions

24

247505

KIDS IP CORNER
FAMOUS INDIAN SCIENTIST OF THE MONTH
Contributed by: Jahnavi Sinha (10 years) Name: Jagdish Chandra Bose Born: 30-11-1858 Died: 23-11-1937 Known for Millimeter waves, Radio, Crescograph, Plant science Notable awards: Companion of the Order of the Indian Empire (CIE) (1903), Companion of the Order of the Star of India (CSI) (1911), Knight Bachelor (1917) Jagdish Chandra Bose was a great Indian scientist, known for a major contribution to the invention of the Radio. A British theoretical physicist, James Clerk Maxwell had mathematically proved that radio magnetic waves existed, but sadly he died before he got a chance to prove his predictions and get it verified. Another British physicist, named Oliver Lodge worked on it and demonstrated the existence of electromagnetic waves. Many other physicists improved on it including Heinrich Hertz, a German physicist who experimentally proved the existence of electromagnetic waves. He was the first one to demonstrate it in free space. This gathered the interest of many scientists from many countries including J.C Bose from India.
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Once in the City hall of Kolkata, Bose used gun powder & ignited which rang the door bell using millimeter wave length microwaves. This proved to the public that light can pass through bricks and walls .This gave a boost to hope of distant radio waves to be created. Bose wrote a Bengali essay on his experiment which he called Adrisya Alok which means Invisible light. This told us that messages can be passed without the requirement of wires.

ARTISTIC PIECE OF WORK

Contributed by Bhavya Sharma (6 years) Copyright: Artistic work Copyright is a form of protection provided to the authors of original works and includes literary, dramatic, musical, artistic, cinematographic work etc. Copyright does not protect ideas. It only protects the specific and original expression of the idea. A painting is an artistic work and is protected by copyright law if it is original and not copied from any source. Copyright protection is automatic and needs no formal registration though there are certain benefits of registration. However, copyright notice can be written without registration as well. In India, copyright registration is done at Copyright Registry New Delhi. Copyright 2011, Bhavya Sharma All rights reserved

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