Intellectual Property Protection

🚨 Supreme Court Clarifies Conflict Between Copyright & Design Laws in India ⚖️ A landmark decision was delivered by the Supreme Court of India recently in the case of Microfibres Inc. vs Girdhar & Co., which finally settles a long-standing ambiguity in IP law. 🧵 What was the case about? Microfibres Inc. held copyrights in various floral artworks used on upholstery fabrics. The defendant reproduced similar designs, arguing that once these artworks were used on mass-produced goods (more than 50 copies), they lost copyright protection unless registered under the Designs Act. 💡 The Big Question: Can a design have protection under both copyright and design law? Or does commercial reproduction automatically disqualify it from copyright protection? 👨⚖️ The Supreme Court's Verdict: 👉 The Court introduced a Twin Test to resolve this IP overlap: ✅ Nature Test – Is the work applied to an article (i.e., does it become part of a product)? ✅ Functionality Test – Is the product valued for its visual appeal, or is it merely functional? 🧠 Key Insight: Once an artistic work is applied to a product and is reproduced more than 50 times, copyright ends — unless it is registered as a design. This protects the balance between artistic expression and industrial application. 🎯 Why this matters to you: Whether you’re a fashion designer, home decor startup, packaging innovator, or product-based entrepreneur — this case impacts how you protect your IP. ❗️ Don’t lose rights unknowingly — Choose the right form of protection: ✔️ Copyright for original art ✔️ Design registration for mass-applied products #IntellectualProperty #Copyright #DesignLaw #SupremeCourt #LegalUpdate #India #Innovation #StartupIndia #IPAwareness #IPStrategy

🚨Are you unknowingly handing over your most valuable asset to tech giants? In the digital age, the line between leveraging cutting-edge AI and safeguarding your intellectual property (IP) has never been more blurred. Here's the breakdown: 🔐 Ownership vs. Borrowing: If you control the database, you own the IP. Utilize platforms like Sora, OpenAI, or Bard, and you're essentially gifting your IP to them. It's a stark reality many overlook. 🎭 The Illusion of Control: Posting on platforms like Facebook? They own your content. The same principle applies to AI technologies not housed within your own infrastructure. 🛠️ Custom Solutions: The true power lies in bespoke AI, trained on your data, under your roof. It's not just about avoiding "hallucinations" of irrelevant data but maintaining absolute control over your IP. 🛡️ Privacy and IP Protection: Public discourse vs. private innovation - the distinction is crucial. Your IP's security is directly tied to the measures you take to keep it under wraps. 🌍 Real-World Implications: In my work, discretion is paramount. Naming client projects? Off-limits. Your IP's value is immense, and how you manage and protect it can make or break its potential. The bottom line? If your data and AI operations aren't kept in-house, you're not just sharing your IP; you're surrendering it. In the rush to adopt AI, don't let your guard down. Your IP is your competitive edge—protect it fiercely. #IntellectualProperty #AI #DataSecurity #InnovationOwnership

From IP basics to IP strategy 🌟 Scientists are key creators of intellectual property (IP). Therefore, it is important that they know about IP rights. It enables them to recognize patentable inventions, comply with IP policies, and make informed decisions about publishing and patenting. IP rights protect creations of the mind. The most common rights are: 💡 Patents: protect inventions, such as a genetically modified microorganism or a new drug. 🎨 Design rights: cover the appearance of products, like the look of a smartphone or the shape of a lamp. 🛡️ Trademarks: names and logos that distinguish a product from other products, e.g., the Google logo. 🔒 Trade secrets: confidential information that is kept secret, like a manufacturing process or chemical composition. 📚 Copyright: protects original works, including art and research articles 🌱 Plant breeder's rights: protect new plant varieties. Often, products aren't protected by a single IP right, but multiple. For instance, a biotech company may have: - Patents for technical aspects of a product, e.g., an improved version of CRISPR-Cas9. 🛡️ - Trademark for the product's name, e.g., HelixForge.™️ - Trade secrets for its manufacturing methods or the optimal buffer composition. 🔒 Such an IP strategy combines various IP rights, each protecting a different aspect of the product. This enhances product protection as it is harder for competitors to copy the product or create similar products legally. By aligning IP strategy with business objectives through marketing, further R&D, licensing and strategic partnerships, IP decisions become a cornerstone for building a long-term competitive advantage for a company. 🚀 Organizations of all types and sizes, from universities and startups to large corporations, use IP strategies. Check the examples below to see how various IP rights can synergistically protect a product.

The Overlooked Growth Lever: Structuring IP & Partnerships the Right Way. Securing Intellectual Property or IP and structuring robust partnerships are crucial to driving product success and ensuring long-term growth. Here’s how to make them work for you: Safeguard Key Innovations: Protect patents, trade secrets, and trademarks to prevent competitors from capitalizing on your ideas. Draft Rock-Solid Agreements: Clearly define IP ownership and usage rights in every partnership. This prevents future disputes. Focus on Improvements: Include terms for ownership of improvements made during collaborations. Leverage Strategic Licensing: Use licensing agreements to monetize your IP while retaining control. Align Incentives: Create win-win partnerships by including shared revenue models or exclusivity terms. In sum, IP without protection is just an idea. IP, especially when it comes to partnerships, is more than legal necessities—it’s your competitive advantage. Have you secured yours? What’s one way you’ve used IP or partnerships to support your product’s success? Share your insights below! -------- 💥 I’m Olga V. Mack 🔺 Expert in AI & transformative tech for product counseling 🔺 Upskilling human capital for digital transformation 🔺 Leading change management in legal innovation & operations 🔺 Keynote speaker on the intersection of business, law, & tech 🔝 Let’s connect 🔝 Subscribe to Notes to My (Legal) Self newsletter

Don’t just create—protect. If you’ve written a book, launched a brand, invented a product, or even shared a powerful idea online… you’ve created intellectual property. But have you protected it? Here’s a quick breakdown of the 4 main types of IP protection—and what creators, entrepreneurs, and innovators need to know: 🔹 Instant IP: Fastest and cheapest ($97, 1 minute). Gives you instant, immutable proof of creation. Great for timestamping your ideas the moment they’re born. Let’s you use the IP symbol once registered. 🔹 Copyright: Covers your creative work for your lifetime + 70 years. Offers statutory damages—but takes ~2 months and ~$500 to register with lawyer fees. 🔹 Trademark: Builds brand value and protects names, logos, and slogans. Takes 12–18 months and ~$3,000 with lawyer fees. Lets you use the ® symbol once registered. 🔹 Patent: The gold standard for inventions. Protects functionality and offers exclusive rights and monetization potential—but it’s an investment (~$30K with lawyer fees and 1–3 years). 💡 Pro Tip: All creative works start unregistered in the U.S. and aren't automatically protected worldwide. The moment you create, consider using Instant IP for immediate protection—and layer on additional registrations as needed. 👉 Your ideas are valuable. Treat them like assets. 👉 Your story, your brand, your creations deserve to be protected.

There's a recent report highlighting the relationship between intellectual property rights and private equity/venture capital investments in Europe. The biggest takeaway for SMEs and startups is that building a strong IP portfolio is crucial for attracting investment. Investors view IP protection as a sign of innovation, reduced risk, and enhanced valuation, making companies with a solid IP strategy more attractive. The report shows a clear link between the stage of a company’s development and the type of IP protection that resonates most with investors. Thus: ↪️ Early-stage companies, particularly those in the seed stage, benefit significantly from demonstrating innovation through patent filings. A large number of patent applications signals to investors that the company is forward-thinking and committed to developing new technologies, even though they may still be in their early stages. ↪️ As companies mature, particularly those reaching the buyout stage, trademarks become increasingly important. This is because mature companies typically have established products and brands, and investors are looking for evidence of a strong market presence and brand loyalty, which trademarks help establish. So, in the beginning, it's about showing you have great ideas, and later on, it's about demonstrating you can translate those ideas into marketable brands. The report specifically mentions that companies with a history of IP protection are more likely to continue and expand their IP activities after receiving investment. So, the early steps you take to secure your IP lay the foundation for future success and attract further investment. If I had to distill the report's key conclusions into a few actionable takeaways, I would say: ↪️ Prioritize IP protection from the start. Don't wait until you're seeking significant investment. The earlier you develop a robust IP strategy, the better positioned you'll be to attract funding and build long-term value. ↪️ Understand the nuances of IP for your industry and stage of development. What works for a seed-stage biotech company may not be the most effective approach for a growth-stage software firm. Carefully consider the types of IP protection most relevant to your business. ↪️ Recognize the symbiotic relationship between IP and investment. Securing IP can lead to increased investment, and, in turn, increased investment enables you to further strengthen your IP portfolio. It's a virtuous cycle that fuels innovation and growth. ↪️ Don't underestimate the power of trademarks. Building a strong brand is essential for attracting investment and achieving long-term market success. A recognizable and well-protected trademark is a valuable asset that can significantly increase your company's valuation. Over the upcoming couple of days I'll share more insights from the report, so stay tuned and don’t forget to follow me if you are not doing it yet. 

Brilliant physicians get screwed, not always by malpractice or hospital systems. But by giving away million-dollar ideas for free. Last week I promised you a deep dive on protecting your intellectual property, so here it is. I often hear from physicians who just realized someone else is profiting from their innovation, the diagnostic method they developed or the treatment protocol they perfected. The pattern is always the same. "I shared it to help patients."  "I thought collaboration meant partnership."  "I had no idea it was worth protecting." Meanwhile, device companies and health tech startups have built entire business models around mining physician expertise without paying for it. Medical school taught you to save lives but nobody taught you to protect your intellectual property. You’re planning a conference presentation or excited to share your latest research findings. One wrong move and you could be signing away millions in future royalties. The healthcare innovation economy raises billions every year and your clinical expertise is the raw material they need. But most physicians have no idea how to protect what they've created. This week's newsletter breaks down exactly what you need to know. The critical timing rules that could destroy your patent rights, the contract clauses that will screw you, the employment traps and startup equity mistakes. Plus the frameworks to protect your innovations before someone else profits from them. This isn't generic legal advice, it's street-smart guidance specifically for physicians. Because when you're the recognized expert with protected IP, everything changes. Stop being the brilliant physician who gets played and start being the one who gets paid.

Did you know that there are more types of intellectual property (IP) than just patents, trademarks, and copyrights? 🤔 Borrowing from the concept of the "economic moat" (a set of competitive advantages that protects your company from competitors), here is a diagram of an "intellectual property moat" including different forms of IP which might be relevant to different kinds of entrepreneurs. 📜 Intellectual property can cover many different aspects of intangible work product, such as: ⚗️ Inventions (patents) ™️ Brands and logos (trademarks) 🖼️ Creative works (copyrights) 🤫 Secret know-how (trade secrets) 📝 Unique designs (design patents, industrial design registrations, trade dress) 💻 Computer chips (mask work protection) 🪴 Plant varieties (plant variety protection) 📸 Name and likeness (right of publicity) There can even be other forms of IP or non-IP intangible assets! 🫥 Intangible assets like domain names can sometimes become very valuable (like when a company wants that domain for its brand). 🛜 The exact details about whether each form of IP is available to you may depend on the jurisdiction (where you want coverage/enforcement) and the work product to be protected. 🗺️ When you are looking for IP protection, consult a licensed legal practitioner and, preferably, someone who has experience with the type(s) of IP you want. 🪪 #StartupPatentThursdays #IntellectualProperty #patent #trademark #copyright #DesignPatent #IndustrialDesign #PlantVarietyProtection #PlantPatent #MaskWorkProtection #RightOfPublicity #TradeSecrets

Can you make me a promise? Start SMART in 2025. The new year is the perfect time to review your brand's intellectual property protection. Here's your essential IP audit checklist. Trademark Review: ➡️ Are all your core brand names and logos protected? ➡️ Are you using your marks properly with ® or ™? ➡️ Have you protected new product names or service offerings? ➡️ When are the renewal deadlines for your existing trademark registrations? Brand Monitoring: ➡️ Are competitors using similar marks? ➡️ Is anyone misusing your protected assets? ➡️ Do you have a monitoring system in place? Future Protection: ➡️ Are you planning new service offerings with new names for 2025?  ➡️ Starting a podcast? ➡️ Launching a new product? If you answered yes to any of these three questions - you must clear your name FIRST! Don't let IP protection slip through the cracks this year. A thorough audit now can prevent costly issues later. I'm Lauren, the trademark attorney behind Storylock Legal, and I'm passionate about helping you secure your legacy through strategic trademark and IP protection. I would be honored to help you start SMART! #TrademarkProtection #BrandProtection #Trademark #TrademarkAttorney

Copyright. Trademark. Patent. These three terms get thrown around a lot—but do you actually know which one you need? Let’s break it down in simple terms: 📜 Copyright protects creative works. - This includes books, music, films, art, and even website content. - If you create something original, copyright automatically protects it as soon as it’s in a fixed form, but registration strengthens enforcement. ™️ Trademark protects brand identity. - This applies to business names, logos, slogans, and distinctive brand elements. - If you’re building a brand and don’t want someone else to use your name or logo, you need a trademark. ⚙️ Patent protects inventions. - This covers new products, unique processes, and technological innovations. - If you invent something new and useful, a patent prevents others from making or selling it without your permission. Which one do you need? - If you wrote a book, produced a song, or designed an illustration—copyright. - If you launched a brand and want to protect its name and logo—trademark. - If you invented a new product or process—patent. Intellectual property law can feel overwhelming, but securing the right protection from the start can save you major headaches down the line. Have questions about protecting your work? Drop them in the comments.