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™ May 8, 2015 Copyright 2008 1

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1 ™ May 8, 2015 Copyright

2 ™ Arvind Viswanathan WIPO TRAINING OF TRAINERS PROGRAM ON EFFECTIVE INTELLECTUAL PROPERTY ASSET MANAGEMENT BY SMALL AND MEDIUM-SIZED ENTERPRISES IN MAURITIUS Mauritius, July 5 th to 8 th, 2011 Managing Intellectual Property in International Business WORLD INTELLECTUAL PROPERTY ORGANIZATION

3 ™ Seven Rays of IP Exclusivity™ May 8, 2015 Copyright 2007 Xellect IP Solutions 3

4 ™ Digital Economy May 8, 2015 Copyright  An economy based on electronic goods & services  Produced by electronic business  Traded through electronic commerce Sometimes loosely referred to as e-commerce or e-business

5 ™ Typical Components of e- business May 8, 2015 Copyright 2007 Xellect IP Solutions 5 Online Portal Products Services Consumer Products & Services may be physical materials or other “electronic” goods

6 ™ Aspects of e-business May 8, 2015 Copyright 2007 Xellect IP Solutions 6 Website Design Choice of Brands User Interfaces Security

7 ™ Why Digital Economy? Distinct Advantages: –Weightlessness –Instant Global Movement –Simplicity of Operations etc. As opposed to the traditional economy based on products: –Mass –Movement –Materials… May 8, 2015 Copyright 2007 Xellect IP Solutions 7 Negroponte, “Being Digital”, 1995

8 ™ Domain Names An identification label that defines a realm of administrative autonomy, authority, or control in the Internet May 8, 2015 Copyright 2007 Xellect IP Solutions 8 comgovorgedu Top-Level Domain (TLD) ― Managed by IANA Xellectip.com patents.xellectip.com tms.xellectip.comdesigns.xellectip.com Second Level Domain ― Managed by owner

9 ™ Criteria for choosing Domain Names Most powerful marketing tool for your business Hence, in your interest to make it easy for finding in the worldwide web Same as your business name &/or trademark Short & Sweet preferable Avoid controversial stuff –Including similar or close to others’ names May 8, 2015 Copyright 2007 Xellect IP Solutions 9

10 ™ Trademarks vs. Domain Names Trademarks National Rights Similar or close-sounding TMs can possibly co-exist Goes through examination process Long process for getting registered Expensive Domain Names Internationally Available Generally not easily available First-come first-served basis; no examination Quick (instant) registration Not too expensive usually May 8, 2015 Copyright 2007 Xellect IP Solutions 10

11 ™ Uniform Domain Name Dispute Resolute Policy (UDRP) Domain name registration very easy Forms the identity of businesses Spawned the phenomenon of CYBER-SQUATTING Courts lacking in efficiency & sometimes lacking in expertise International situations complicate matters May 8, 2015 Copyright 2007 Xellect IP Solutions 11 UDRP WIPO Arbitration and Mediation Center

12 ™ Scope of UDRP Criteria for registering complaints The domain name is identical or confusingly similar to a trademark or service mark in which a Complainant has rights The registrant does not have any rights or legitimate interests in the domain name The registrant registered the domain name and is using it in "bad faith." May 8, 2015 Copyright 2007 Xellect IP Solutions 12 Resolution within 45 days in most cases Payment of fee along with criteria through

13 ™ Relevant IPR May 8, 2015 Copyright 2007 Xellect IP Solutions 13 Website Design Choice of Brands User InterfacesSecurity Patents Trade- marks Copyrights Designs Domain Names Trade Secrets

14 ™ Nature of Digital Content Double-edged sword Facile uploading, downloading, sharing of content Makes it easy for copying and re-using –E.g. Online music, movies, software … WITH OR WITHOUT PERMISSION!!! May 8, 2015 Copyright 2007 Xellect IP Solutions 14 Hence, very important to have a strong intellectual property system and know its appropriate use for self-preservation

15 ™ Protection of Content May 8, 2015 Copyright 2007 Xellect IP Solutions 15 Strong IP Policy in place Implementation of Policy: Training Monitoring Protect Files & Documents appropriately Password protect Copyright Mark Confidential Watermark Do unto Others what you want done to you DON’T Use copyrighted material without permission Allow unauthorized copying

16 ™ International Transactions Considerations: Jurisdiction & Applicable Law Getting information from another country –Related to possible unauthorized user Enforcement –Judgment in one country useful in another? May 8, 2015 Copyright 2007 Xellect IP Solutions 16

17 ™ Copyright 2007 Xellect IP Solutions May 8, “Going Digital is all the rage, but… …Not being Careful will result in loss of wage” WORLD INTELLECTUAL PROPERTY ORGANIZATION

18 WIPO RESOURCES FOR SMEs


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