Origiin Newsletter

July 2011 issue

July 2011 issue Inside this Issue

Trade Secret: an interesting form of Intellectual Property Latest News Innovation of the century Kids IP Corner

Trade-secret: an interesting form of Intellectual Property

Your secret is no secret once it slips from the mouth

trade secret is a formula, practice, process,

design, instrument, pattern, or compilation of information which: 1. Is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers; 2. Confers some sort of economic benefit on its holder (where this benefit must derive specifically from its not being generally known, not just from the value of the information itself); 3. Reasonable efforts are made to maintain its secrecy.

Editors
Bindu Sharma Anita Kalia

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Address Origiin IP Solutions LLP #51, 15th Main, Sector 4, HSR layout Bangalore Mobile +919845 693459 +919880 213204 Website www.origiin.com

The Coca-Cola formula, McDonald sauces, KFC chicken recipe and the Hyderabad fish cure for asthma, are well-known examples of trade-secret. In Roman times, the law afforded relief against a person who induced anothers employee (slave) to disclose secrets relating to the masters commercial affairs. Modern trade secret law evolved in England in the early 19th century in response to the growing accumulation of technology and know-how and the increased mobility of employees. In Williams vs. Williams case, a son sold medicines for his own account, although he had prepared them from formulas given to him by his father on the understanding that the two would use the formulas for their joint benefit. The Chancery trial court issued an injunction restraining the son from using or divulging the trade secret and from selling the medicines. Even on appeal, the court said that the son cannot breach the contract setup by his father but the court did not go into the injunction, much because the formula had already been given out. Trade-secret is an interesting form of Intellectual Property (IP) and has several peculiar features. It is not supposed to be disclosed like other forms of IP and independent creation or reverse engineering of a trade-secret is not an offence. Because it represents nothing more than information, which can be memorized, scribbled down, e-mailed or copied onto some tangible medium and then quietly removed from company premises, it can be easily misappropriated. Duration of a trade-secret is not fixed and once disclosed in public, value is lost forever. Usually confidential information and trade-secret terms are used synonymously but both are not the same. Confidential information is the information which company would like to keep secret but may or may not be essential for business.

Any intelligent fool can make things bigger and more complex, it takes a touch of genius and a lot of courage to move in the opposite direction. Albert Einstein

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July 2011 issue

Moreover, confidential Information is generally limited to a single event in the conduct of a business, whereas a trade secret is a process or device for continuous use in the operation of a business. For example, merging or acquisition of company is confidential information but use of combination of yeast strains to make softer bread is a trade-secret. We can say that all trade secrets are confidential in nature but all confidential information cannot be termed as trade secret. In USA, the trade-secrets are protected under Uniform Trade Secrets Act but in India, we dont have any specific legislation to protect it, but common law. There are various ways to prevent misappropriation of trade-secret in an organization such as having appropriate legally enforceable contacts with the employees, restricting access, having processes to ensure confidentiality and security are one of the most effective methods. Well protected trade-secret can immensely contribute to the business of an organization and hence, its identification and methods to maintain confidentiality is extremely crucial. It is one of the most ignored, the most important and the most difficult to handle assets.

LATEST NEWS Kurian quits Intellectual Property (IP) office

P.H. Kurian, the controller general of patents, designs and has resigned from the key post in the month of June 2011 with more than half his term left to run. Kurian was the first Indian Administrative Service (IAS) officer to head the IP office and took over the assignment in February 2009 for a five-year term, but is reverting to his home cadre after just two years and four months. He had taken several initiatives to reform the IP office, which, according to experts and those who dealt with it, had been opaque in its functioning and also faced complaints of not always acting fairly. Kurians contribution to the patent office in terms of introduction of transparency in the process of clearing patent and trademark applications and granting IP rights has been remarkable. Kurians first key initiative was digitizing the applications and grant process and making them available online to the public. He also made the system more strict and more transparent by realigning the concerned officers and restricting unsolicited visits by applicants and patent agents to the four offices of the department across the country.

Apple files new lawsuit against Samsung in South Korea

Apple Inc has filed a lawsuit in South Korea against Samsung Electronics Co Ltd in June 2011
for infringement of its several patents on smart phone and tablet devices. The dispute began in April when Apple sued Samsung in the U.S., claiming the Galaxy products slavishly imitated the designs and technologies used for the iPad and iPhone. Samsung, which supplies memory chips for Apple, retaliated with lawsuits in Seoul, Tokyo, Mannheim, Germany and the U.S. Apples complaint filed on April 15 claims that Samsung is infringing seven patents related to the way Galaxy devices touch screens understand user gestures, including selecting, scrolling, pinching and zooming. Samsung is also copying three patents on the design, including the flat black face of the iPhone and iPad, according to Apple. As part of that suit, Samsung had asked a federal judge in the U.S. to order Apple to turn over samples of Apples forthcoming iPads and iPhones. It lost that bid on June 22. Apple was Samsung's second-biggest client after Japan's Sony Corp last year, became the South Korean firm's biggest customer in the first quarter, mainly by purchasing semiconductors and Samsung is one of the fastest growing smart phone makers on the back of a boom in Android operating system and has emerged as Apple's strongest competitor in the tablet market.

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July 2011 issue

PATENTS RESTORED IN THE MONTH OF JUNE 2011

Restored Patents June 2011 S.no 1 Patent number IN236791 Applicants M/S. Natco Pharma Limited Title Novel Phenyl Amino Pyrimidine Derivatives and Processes for the Preparation thereof A Polypeptide Conjugates Exhibiting G-Csf Activity Air Flow Control Fitting Dynamic Bass Boost Apparatus and Method Naphthylamines Date of cessation 09/09/2010 Appropriate office Chennai

IN229918

M/S. Maxygen Holdings Lt Shri. Seemallaia Paramasivam M/S. Boston Acoustics Inc M/S. Dystar Textilfarben Gmbh & Co.Deutschland Kg M/S. Mallavarapu Ramakrishna Rao Hindustan Unilever Limited Hindustan Unilever Limited Mahindra & Mahindra Ltd. Ethicon Endo-Surgery, Inc. Ethicon Endo-Surgery, Inc. Indian Institute Of Technology

10/07/2010

Chennai

3 4 5

IN235458 IN231210 IN238444

07/07/2010 29/07/2010 08/02/2010

Chennai Chennai Chennai

IN211911

IN232911

8 9 10 11 12

IN211496 IN228429 IN234617 IN233769 IN205304

Solar Powered Closed Cabinet Food Dryer with Electric Stand-By Facility Process for Manufacturing 4-Alkyl Resorcinol Derivatives Process for the Preparation of a Cosmetic Acitve A Process for Producing BioDiesel An Implantable Band An Applier (10) for a Surgical Procedure A Process of Preparing Esterified Karanja Oil as a Fuel for Compression Ignition Engine and a Fuel Therefor "Method for ChemoMechanical Cleaning of the Barrel of a Gun" A Device for Non Destructive Determination of Mechanical Properties of Steel Sheets Method and Apparatus for Producing Ozone Organo-Refining Process to Produce Low Ash (<4%) Clean Coal with Maximum Possible Yield "Transmitter of a Reduced Complexity Signal Transmission System" "Sawtooth Wire" Interactive Video Display System Process for Preparation of a Controlled Release Formulation for Water Soluble Drugs

22/03/2010

Chennai

24/05/2010

Mumbai

08/07/2010 03/26/2010 13/08/2010 13/08/2010 19/03/2010

Mumbai Mumbai Kolkata Kolkata Kolkata

13

IN209994

Milfoam Oy

12/06/2009

Kolkata

14

IN227279

Tata Steel Limited

19/03/2010

Kolkata

15 16

IN209440 IN229474

North-West University Tata Steel Limited

06/08/2010 19/03/2010

Kolkata Kolkata

17

IN201669

Koninklijke Philips Electronics N.V. Graf & Cie Ag., Reactrix Systems, Inc. Torrent Pharmaceuticals Ltd.

11/09/2009

Kolkata

18 19 20

IN202518 IN223374 IN200148

26/11/2010 10/09/2010 18/06/2010

Kolkata Kolkata Kolkata

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Origiin Newsletter 21 IN201445 Samsung Electronics Co.,Ltd. "A Silicon Wafer and Method of Manufacturing therefor,and a Czochralski Puller" A Composition for Forming Porous Bodies in Particular,Ceramic and Metal Foams, and a Process for the Preparation thereof Device for Suppressing Engine Knock in Internal Combustion Engines Method of Characterizing Image for Shape Content and Optical Image Shape Content Analyzer A Process for Manufacturing of Micro- Porous Alumina Ceramic Disk Membranes . 10/09/2010

July 2011 issue Kolkata

22

IN203231

Indian Institute Of Technology

26/11/2010

Kolkata

23

IN207983

Robert Bosch Gmbh

08/01/2010

Kolkata

24

IN223041

Look Dynamics, Inc

10/09/2010

Kolkata

25

IN227157

Bharat Heavy Electricals Limited

19/03/2010

Kolkata

IP events
Origiin IP Solutions LLP, Bangalore in association with IBNM INDIA conducted Two Days workshop on Patent Infringement and Risk Management on 14th and 15th July 2011 at BANGALORE IN ITC FORTUNE HOTEL Date : 14th and 15th July 2011; Timing: 9:00 AM -05:00 PM Venue : BANGALORE IN ITC FORTUNE HOTEL Fee : Main Course fee for 2 day Rs 14,000 + 10.3%

Origiin IP Solutions LLP, Bangalore in association with Corporate Relations Institute of Administration & Communication announces 1 day workshop on Corporate Training on Intellectual Property Rights (IPR) covering IP Management, IP Protection & Registration in IT, Software, Electronics & Telecommunication, Engineering, Pharmaceuticals, Telemedicine and Biotechnology Industries Date : Wednesday, 20 July 2011; Timing: 9:30 AM -05:00 PM Venue : Mascot Hotel, Trivandrum Fee : Rs. 4500/- plus 10.32 % service tax, per participant

Origiin IP Solutions LLP, Bangalore in association with COMPUTER SOCIETY OF INDIA Bangalore Chapter (CSI-BC) announces one day workshop on Intellectual property Rights. Date 13th August 2011; Time: 9.00 Am to 5.30 PM Venue: Bangalore Chapter Premises, Infantry Road, Bangalore Fee: CSI members: 1800 INR, Other members: 2000 INR, Fee: CSI student membership: 1000 INR Other students: 1500 INR REGISTRATIONS OPEN Contact: info@origiin.com Phone: 0945693459, 9880213204

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July 2011 issue

INNOVATION OF THE CENTURY

5
Contributed by: Udit Sharma (15 years)

KIDS IP CORNER
Contributed by: Anushka Tripathi

Coke
Coke was discovered by a chemist from Atlanta called John Pemberton, when he got a severe headache. John was working in his lab late one night, when a severe headache occurred. John being the chemist he was, he mixed together a bunch of seemingly random chemicals and carbonated water to produce the worlds first glass of coke, which he sold at 5 cents a glass as a tonic.His assistant further, wrote out the logo for coke in long curvy writing, the same which we still see today on the bottles of coke. This is one such example in which the logo of a company has remained unchanged for more than 120 years! Eight years later, this drink became popular enough to be released as a drink, which sold more than John could have ever imagined. The popularity was not attained overnight though. Coca cola was doing bad business, when candy maker Joseph Beideman bottled the product, and suddenly, profits shot up by 4,000% in the month! About 32 years later, coke also influenced Santas look.

Indian Patent Agent Training by Origiin IP Academy

Website: www.origiinipa.com Modes of training: Distance Education, Class-room and online Contact: origiin.training@origiin.com This newsletter is published by Origiin IP Solutions LLP, Bangalore. Please mail us in case you find discrepancies/errors in the contents. Your valuable feedback, comments, suggestions are most welcome in order to make this newsletter more useful. Articles for publication in this newsletter may be sent to the following address by email or by post: Origiin IP Solutions LLP #51, MCHS, 15th Cross, HSR Layout, Sector 4 Bangalore Pin-560034, INDIA Phone: 9845693459, 9880213204 Email: info@origiin.com, origiin.training@gmail.com

Copyright 2011, Anushka Tripathi. All rights reserved

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