Discovering the Book

Battles of Innovation
read about some of the epic battles our common household
favorites have fought over the years.

Decoding the Basics of IP

understand what intellectual property actually is and its segments,

The BEE-way.

Those who dominate the field of IP

to get a better understanding of what happens in IP, we need to

know the key players of this field.

The Realm of Patents

get to know the birth, death and life in-between of a patent, a
piece of paper which can make you rich!

IP: A friend or foe?

dealing with IP you get only two choices, either be-friend it or
compete with it.
 Discovering the Book

How and Who fights IP wars?

from Lawyers to Researchers to Company Executives, how are they

entwined in this never-ending IP war.

Research & Analysis in IP

Understanding a little more closely the role of research work in

enabling a healthy IP ecosystem.

IP fairy tales

bringing to you IP sagas, or what we call as IP lawsuits which

helped preserve ingenuity.

The non-perishable future IP

beholds
A subjective commentary on the future of intellectual property, how
it fuels human evolution, supported by few facts and theories.

Endless Opportunities in the

field of IP

IP is everywhere! How to enter this world of IP, here is your

answer.
 A sneak-peek into the next pages

In the busy world we live in, where new ideas and inventions constantly shape
our lives, there's a fascinating world that many people don't notice - it's called
intellectual property. This book is for those who haven't yet realized how
important intellectual property is in our daily lives.

Before delving into the nuances of this issue, it is critical to understand why
intellectual property is so important. Just as a solid foundation is required for
the construction of a large building, we must first comprehend the
fundamentals before delving into this issue in depth.

You might come across many books about intellectual property, but some of
them can be difficult to read and may not spark your interest. This book, on
the other hand, is unique. It seeks to make the world of intellectual property
understandable and exciting to everyone, by looking at things the BEE-WAY,
regardless of age or background.

You can read this book in short bursts during your free moments, like when
you're on your way to work, having a meal, or taking a quick break. It's
designed to captivate, inform, and inspire even in brief readings, so you can
learn about intellectual property even with a busy schedule.

This book will take you on an interesting tour through the world of intellectual
property, covering topics such as patents, trademarks, copyrights, and more.
As we go on this trip together, prepare to be enlightened and amazed. Let us
investigate the glories of intellectual property!
Battles of Innovation
 Before you hop onto the
stories, read this-
In this section, we will talk about some of the Intellectual Property disputes or
fights that have taken place over the years. From conflicts dating back to the
1600s to very recent cases, we have covered it all.

These stories are just to apprise you, the reader, with the complex nature of
Intellectual Property battles - where everything is not so black and white like a
criminal case.

Hence, in most stories we have avoided taking a strong stance in favor or against
the characters, the dispute, and even the ruling.

As you read these stories, do not take the pressure of understanding every
Intellectual Property related term (the subsequent sections will take care of that -
just stay tuned).

Just read them like you read every other story - identify with the characters,
understand their point of views, maybe hold a debate with a friend about what
could've been done differently...

Our sole objective is to pin-point (without forcing it on you) how Intellectual

Property was a part of your world even without you noticing,

How Intellectual Property battles have shaped the world we live in today without
making a loud noise.

How Intellectual Property has just been there...

breathing..
living...
thriving...
 When reels brought some real
trouble
Star Wars
V.
Battlestar Galactica Case
Stepping into the sci-fi world of 1977, the battle of the galaxies was extending beyond the silver
screen. As Star Wars: A New Hope took the world by storm, a real-life intergalactic feud
unfolded between two media giants -
Twentieth Century Fox, and
Universal Studios.

Fox fired the first shot, claiming that Universal's Battlestar Galactica (a science fiction media
franchise created by Glen A. Larson which began with the original television series in 1978, and
was followed by a line of book adaptations, original novels, comic books, a board game, and
what not.) bore a striking resemblance to their prized intellectual property of Star Wars. After all,
the multimedia franchise created by George Lucas, which began with the eponymous 1977 film
had quickly become a worldwide pop culture phenomenon.

Accusations of infringement echoed through the cosmos, pitting these two iconic franchises
against each other.

Not ones to back down, Universal fought back with their own lawsuit, alleging that Star Wars had
borrowed ideas from older works like the 1972 film, Silent Running. The stage was set for a legal
showdown, and two years later, the verdict emerged – Battlestar Galactica emerged
victorious.

However, despite the legal triumph, the franchise itself was struggling. The original show had
already met its demise, while Star Wars enthusiasts flocked to witness the greatness of The
Empire Strikes Back, looks like there was no actual winner in this dispute after all.

In this sci-fi saga of copyright clashes, the worlds of imagination and reality collided,
leaving fans and legal experts captivated. A battle of galactic proportions, where
creativity clashed, and legends were born.

Wise Bee, it makes me question,

how original is any idea at all?
What we believe is original
could've originated separately That is why we have
somewhere, sometime? How do some set rules and
we knowwwww? precedents for
CLAIMING something...
but more on that later
Bizzy Bee.
 THE LEGAL COMPLAINT

Hey, Wise-bee, A complaint document is a legal

what is a document that the plaintiff (who
complaint accuses) against the defendant
document? (the accused) formally declaring
against the IP court/law that the
accused has copied plaintiff's
unique work.
 What could be weirder than
battling self?
The John Fogerty
V.
John Fogerty Case

This is the story of an incredibly bizarre copyright dispute. A record label once took legal action
against John Fogerty, a renowned musician and former member of Creedence Clearwater Revival
(CCR), for allegedly copying his own song.

As the story goes, after leaving CCR and pursuing a solo career, Fogerty found success in the
1980s.

However, things took a strange turn when he released "The Old Man Down the Road," and his
former record label, Fantasy Records, sued him, claiming it sounded too much like CCR's "Run
Through the Jungle." Yes, you read that right – Fogerty was being sued for sounding like himself.

Thankfully, the judge saw through the absurdity of the situation and ruled in Fogerty's favor,
correctly stating that you cannot plagiarize your own work. The case should have ended there, with
the record label understanding the wrongdoing at their part.

But Fogerty had other plans. He decided to take it a step further and file a countersuit against
Fantasy Labels to recoup his legal expenses.

BizzyBee thinks he did it

to teach them a well
deserved lesson. What do
you think?

The case made its way to the highest court in the land, the Supreme Court of the United States,
where the verdict favored Fogerty once again. The judge emphasized that such legal battles went
against the very purpose of copyright laws – to protect creativity and foster new ideas.

In the end, John Fogerty emerged victorious, setting a precedent for a truly unique and
perplexing chapter in copyright law history.
 The Old Man Down the Road
He take the thunder from the mountain
He take a lightning from the sky
He bring a strong man to his begging knee
He make the young girl's mama cry

You got to hidey-hide

You got to jump and run
You got to hidey-hidey-hide
The old man is down the road

John
Fogerty

John
Fogerty

Run through the Jungle

Over on the mountain, thunder magic spoke
Let the people know my wisdom
Fill the land with smoke

Better run through the jungle

Better run through the jungle
Better run through the jungle
Whoa, don't look back to see
 Time to crack the DNA of
Calculus!
The Isaac Newton
V.
Gottfried Wilhelm Leibniz Case
Who doesn't know Sir Isaac Newton? Gravity, the apple, sounds familiar right? While his
counterpart in this story, Gottfried Wilhelm Leibniz, might not be so well known but was a
brilliant mind nevertheless in his own right.

Traveling back to the late 1600s, yes that long ago...

A sizzling rivalry between these two brilliant minds ignited a fierce battle for credit over the
groundbreaking discovery of calculus, i.e. one of the most revolutionary concepts in all
mathematics.

WHO WANTS
TO CLAIM
MATHS????

While in the past Leibniz had praised Newton's genius, and so did Newton, but their
admiration soon turned into a race for recognition.

Fearing that Leibniz had also uncovered the wonders of calculus, Newton devised a cunning
plan. He encoded a mysterious Latin sentence in a letter addressed to Leibniz, hoping to
claim priority. But, the enigmatic sequence baffled everyone, leaving its true significance
shrouded in mystery.

As the dispute raged on, accusations flew, with Leibniz being accused of stealing Newton's
ideas. Both sides had passionate supporters, but Leibniz had the advantage as he had
already shared his findings with the world.

This epic clash did not yield any clear winner, but a major loser with an unintended
consequence – it slowed the progress of British mathematics for years, depriving them of
continental advances in calculus.

The Newton-Leibniz controversy till date stands as a timeless tale of rivalry, brilliance,
and the quest for recognition.
It reminds us that even the greatest minds can succumb to the allure of acclaim,
leaving an indelible mark on history.
 Sir Isaac Newton Gottfried Wilhelm
Leibniz

This case is an epic-

example
of how important is it to What makes you say
make your unique work so, the wise-bee?
publicly available.

Newton asserted of inventing the basic ideas of

calculus as back as 1669 in one of his papers which That's terrific! I think I
he only circulated within his friends. But he have invented a unique
published his paper 42 years later in 1711. Whereas, tool to preserve honey,
Leibniz published his ideas as early as 1684, which let me rush!
gave him an upper hand.
 When Xerox Rocks!
The Delhi University Photocopy Store
V.
University Press, Cambridge University Press
and Taylor & Francis Case
This story will take you back to your college days for sure, when only one student
bought or "found" a required texbook and all the student would rush to the local copier
to get their hands on the hottest material. Weren't those local copiers the saviors?

Apparently being a savior can be dangerous for your business.

Meet the renowned Rameshwari Photocopy Service, situated near the Delhi School
for Economics in the north campus in Delhi. Following a petition filed by prominent
publishers such as University Press, Cambridge University Press, and Taylor & Francis,
the Delhi High Court put a ban on this shop.

They were resilient like a bee

Oh My God, what
and did not back down.
did they do Wise
Read ahead Bizzy Bee to find if
Bee?
that helped.

In a groundbreaking decision, the Delhi High Court dismissed suits by these three
international publishers against the sale of photocopied books and pages in Delhi
University. The ban was ultimatley lifted on photocopier kiosk from issuing copies of
chapters from textbooks to students, a move that had been challenged by major
publishing giants.

Delhi University itself supported these photocopiers, arguing that reproducing

copyrighted books for educational purposes should not be considered infringement.

The court's landmark verdict is expected to have far-reaching implications for copyright
laws in India.

Experts and analysts praised the ruling, stating that it balanced public and
private interests and positioned India at the forefront of the global debate on
intellectual property rights.
 It do
e s lo
ok s
tr ang
w ar e
na uphe B y m ak
lo o k
a
e
t it t h a t o n c e
a s so u e ld t h in g t is w but
,Iw an b e h is d
B e e s c n p r o p im p o r t a n e c is i a y -
y C opy - r i g h t la w u n t r y c a educ er ty , ce o on, t
he c
He py co e m f s
a co nd a h at do a t io n phas o c ia
l
our t
that c if i c a s , w dem as a iz in g g ood
n t r y - s p e y r ig h t la w f o llo
ons t fu
r ated ndam e
the s
ig n if
over
pr
c ou p
it s c o u t h in k ? wW that n t al ne i c ance ivate
r es te t
r en d e yo r n no he c oun ed. T he of
ow n rm s, tr y w deci
la w s but i o u ld sion
and ns te n't s
r equ ad i m p ly
in c o
p y r ig irem consider
ht m ents its
atter
s.

The owner of Rameshwari Photocopy Store

Source Credits: Business Standard

 When a man tried to own a
noble cause!
The Bikram Choudhary
V.
Yoga Case
Yoga, an ancient practice originating from India, and practiced in different forms all
around the world also became the subject of an Intellectual Property controversy in
2011.

A yoga teacher from Calcutta named Bikram Choudhary wanted to teach "hot yoga" in
America. Hot Yoga simply refers to yoga practiced in a room heated to 105 °F (41 °C)
with a humidity of 40%, intended to replicate the climate of India where it was created.

Early on, he simply taught Yoga for free, but then he started charging 5$ for every
class. His popularity rose, and with that he began devising specific yoga asanas based
on the teachings of B.C. Ghosh.

Ultimately he claimed copyright over a specific sequence of 26 asanas (yoga postures)

and two pranayama (breathing exercises), calling it Bikram Yoga or the "Louis
Vuitton of Yoga".

Consumed by power, Bikram Choudhary began suing other yoga studios and teachers
who taught similar sequences.
Many argued that yoga is an ancient practice that has been passed down for centuries
and could not be monopolized by any one individual. But to no avail, Bikram
continued...

until

In 2015, a US court ruled that yoga sequences cannot be copyrighted as they are part of
a larger body of knowledge that belongs to the public domain.

This case ignited a broader discussion about the commercialization of yoga and the
delicate balance between innovation and cultural appropriation within the realm of
intellectual property.

How do people think of Bizzy bee, do you think he

exploiting something pure could be misinformed and not
like yoga? entirely wrong?
 While individual yoga poses
may not be copyrighted, yoga
manuals, books, and other
instructional materials can be
protected by copyright.
Authors, photographers, or
artists who create original
content, illustrations, or
photographs related to yoga
may have copyright protection
for their specific expression of
those ideas.

In rare cases, yoga-related

inventions that meet the
requirements for patentability
might be eligible for patent
protection. For example, unique
yoga props or devices that offer
a new and non-obvious solution
to a technical problem could
potentially be patented.

Bikram
Chaudhary
 When Life Leaf matters!

The Apple
V.
The Big Apple Case
The Logo at the back of your iPhone could arguably be one of the most easily identified logos
on the planet. Apple has created this brand value over the years. Before knowing the
Intellectual Property disputes stemming from this logo, it is important to know its story...

Do you know WiseBee the Apple logo is a
tribute to Alan Turing. It memorizes the
torture he endured during his last days -
being forced to eat an apple laced with
cynaide.
Bizzy Bee don't believe everything on
the internet. This story is indeed
touching, but has been refuted by the
person who actually designed the logo.

No matter how many stories we've heard over the years, one thing is for sure - Apple takes
great pride in its logo and would go to any length to stop people from copying it.
In 2008, Apple filed a federal challenge to New York’s trademark application for a new “Big
Apple” logo, saying it’s too similar to the stylized emblem being used by the company since
1977.

Apple (after filing challenge with the U.S. Patent and Trademark Office) :
"The symbol for New York’s “GreeNYC” initiative is confusingly similar to our logo. It will lead to
“consumer confusion resulting in damage and injury” to us and will “cause dilution of the
distinctiveness” of our trademark."

New York (asking the trademark office’s appeals board to reject Apple’s challenge and cancel
one of the company’s 22-year-old logos):
"One of 12 Apple trademarks listed is fraudulent because it isn't used on mugs, dishes, drinking
glasses and wine glasses, as they claimed it would be in a 1985 trademark application."

Winner: None.

Apple withdrew the claim after NYC agreed to delete the leaf from its GreeNYC logo, but
Apple also received an avalanche of bad press for what was perceived as a crazy lawsuit.
 How similar do you find both the logos?
Do you think Apple could ever prevent any
other company in future from using a logo as
close, after losing its say over this one?

What media had to say

about the case:
 When cartoon characters bore
striking resemblance!
The Disney
V.
Esplanade Productions Case
Disney released an Oscar winning animated film called "Zootopia" in 2015, that
grossed more than $1 billion. But, Gary L. Goldman from Esplanade Productions filed
a complaint agianst Disney citing that the work seemed to be derived from a project
he had pitched to the studio - at least twice.

This charge of copyright infringement against Walt Disney Animation Studios drew
widespread attention and generated disputes in the film industry about the delicate
line between inspiration and imitation.

Gary L. Goldman said that in 2000, he submitted his concept, "Looney," to Disney,
claiming that it bore some parallels with "Zootopia." According to Goldman, the two
concepts shared comparable settings, character characteristics, and even the film's
title. He believed Disney had stolen his ideas without permission or credit, so he filed
a lawsuit against the firm.

The court, however, found in favour of Disney and dismissed Goldman's claim of
copyright infringement. The judge ruled that the similarities between "Looney Tunes"
and "Zootopia" were insufficient to establish a case of copyright infringement. The
court determined that the similarities were either common and generic in the context
of animal-themed storytelling or just coincidental.

More importantly, Esplanade failed to include Goldman’s materials for review.

Ultimately, all their pleas to showcase similarities fell on deaf ears.

Despite being embroiled in controversy, "Zootopia" went on to receive critical and

financial acclaim.

The film was well-received by moviegoers due to its compelling storytelling, charming
characters, and thought-provoking social commentary on issues such as prejudice,
bias, and diversity in society.

Do you know Bizzy Bee, Aesop's

Fables, Roald Dahl's The
Fantastic Mr. Fox, Rudyard
Kipling's The Jungle Book, and I think you are right Wise
the Panchatantra are exciting Bee, so many people
adventure stories on animals that cannot have the same
kids enjoy. Are they also inspired ideas? or can they?
or is it a common theme?
 Comparison of the characters in Goldman
Zootopia (L) and Disney's Looney Tunes
(R)

Source Credits: An image from formal complaint submitted to the United

States District Court, Central District of California

U h, O h! I s ee
w hat has bee
done here! Th n
e R's are nice
dressed up L ly
's, is it ?
 When a random picture sued
a sculpture!
The Rogers
V.
Koons Case
Art Rogers, a professional photographer, took a black-and-white photo of a man and a
woman with their arms full of puppies. The photograph was simply titled, Puppies, and was
used on greeting cards and other generic merchandise.

Jeff Koons, an internationally known artist, found the picture on a postcard. It inspired him
to make a sculpture called "String of Puppies" for an art show on the theme of banality of
everyday items.

Koons blatantly ignored the copyright label from the postcard, removed Roger's copyright
notice and simply instructed his assistants on how to make the sculpture. Koons instructed
the artisans to closely copy the original photo, resulting in the creation of the "String of
Puppies" sculpture.

Koons's intention behind the sculpture was to make a commentary on the degradation of
aesthetic values in a time of mass production and commodification. This sculpture gained
significant attention in the art world, and several copies of it were sold for a substantial sum.

Needless to say, Koons definitely did not take Rogers permission before doing so, and
ended up making a lot of profit using his work.

What if Koons had simply

asked his artisans to take
inspiration from the photo
rather than asking them to
make an exact copy? Would it
still have been infringement?
What do you think?

Art Rogers became aware of the sculpture and brought a copyright-infringement action
against Jeff Koons in federal district court.

The court ruled in favor of Rogers, meaning they found that Koons's actions constituted
copyright infringement.

However, Jeff Koons appealed the decision, and the case was brought before the United
States Court of Appeals for the Second Circuit, which granted certiorari. This means the
Court of Appeals agreed to review the lower court's decision and hear the case.
 raph is
t the photog
'©' tells tha to copyrights
subject

Photograph that Roger took, Puppies, 1985 ©

Source Credits: An image from formal complaint submitted to the

United States District Court, Central District of California

Koon's sculpture- "String of Puppies" String of

Puppies, 1988, at the Whitney Museum of American
Art. Photo by Amaury Laporte, via Flickr

Source Credits: From an article by Artsy.

 When PUMA faced tyranny of
social media!

Puma
V.
The Internet

According to the European Union legislation, a design is protectable only if it is new and
original. meaning it is important to prove the novelty of the design. of the design.

Novelty means that there has to be no public information for the design 12 months before the
application is filed with the Patent Office.

A RCD application was filed in 2016 by PUMA for a design of shoes.

In 2021, an invalidation proceeding was initiated against this design on the grounds of lack of
novelty and individual character.

and...

For evidence, an Instagram post was submitted where the well-known signer Rihanna was
pictured wearing quite similar shoes. The post was dated 2014.

This post, with more than 300 000 likes and additional media coverage, was solid proof that the
shoes design was public way before its application with the European Union Intellectual
Property Office.

The case comes to show us how important is timing in the case of design protection. In such
situations, there are two main options, the owner to file an application sooner or the marketing
activities to be postponed.
 THE
DESIGN
Drawings from the
design patent
application No.
29/572,153 filed on
25 July 2016, for
'shoes' by Puma

Source Credits: Intellectualpropertyplanet.com

THE
EVIDENCE
Images from Rihanna's
post on Instagram,
dated 2014.

Source Credits: Intellectualpropertyplanet.com

 When coffee fights
for its originality!
Starbucks
V.
Balmuccino Case
Step into the brewing legal drama that unfolded between a Los Angeles
company and the coffee giant, Starbucks. Picture this: a coffee-flavored lip
balm, a secret meeting, and a clash over trade secrets.
Balmuccino, the Los Angeles company, took Starbucks to the US District Court
for the Western District of Washington, alleging that their trade secrets were
shamelessly pilfered to create a lip balm with a java twist.

The intrigue began during a meeting in 2017 when Balmuccino's confidential

information was unveiled to Mesh Gelman, Starbucks's head of product
development and senior vice president. Little did they know that this meeting
would be the catalyst for a brewing legal storm.
Balmuccino claimed that they had entrusted Starbucks with significant details
of their trade secrets during that fateful rendezvous.

However, in 2018, they discovered that Starbucks had approached one of their
suppliers, inquiring about coffee-flavored lip balms. The specifications given to
the supplier for creating prototypes were strikingly similar to what Balmuccino
had shared during that critical meeting.

To add more fuel to the fire, in 2019, Starbucks announced the launch of the
S'mores Frappuccino Sip Kit, raising eyebrows and suspicions.
This wasn't the first legal bout between the two contenders. Balmuccino had
previously filed a lawsuit in California's Superior Court, but it was dismissed
due to a lack of jurisdiction. The disappointment of that ruling only fueled their
determination to seek justice before a different court.

And so, the stage was set for a legal showdown in the Washington court,
where Balmuccino accused Starbucks of breaching their trust, misappropriating
trade secrets, and violating implied contracts between the parties.

The stakes were high, and Balmuccino was seeking unspecified damages. The
air was thick with tension as the battle of the coffee-flavored lip balm played
out, a tantalizing tale of corporate secrets and betrayal in the world of java-
infused beauty products.
 Do you know, that Starbucks launched
coffee-flavored s’mores Frappuccinos lip
kit in Chocolicious Bliss, Marshmallow
Glow, Campfire Spark and Graham Glam
in 2019. Could've never known such
bizarre stuff exist for real!

Source Credits: An image from article by Quratulain Tejani on New

York Post
Decoding the Basics
of IP
 I am BizzyBee, your friend.

Can you count the number of

times I make an appearance
in this guide?

In the ever-evolving
landscape of ideas and
creativity, intellectual
property stands as a crucial
pillar safeguarding
innovation and originality.
This book would further
delve into the realm of
Intellectual Property,
offering a quick, easy to read
guide.
 Imagine you are building a house. You are sweating in the sun, laying the
bricks, humming to your favorite song and following the steps of a unique
design you created.

You're quite proud of the house you've built. Your friends can't seem to
stop complementing the design of the property...

You're happy now that you own "this house". After a few days, a lot of
your friends come to you and ask for "the design" for this house. They
want the same house.

You're excited and share the design with them. A few of them pay you a
small amount for being so considerate. The news spreads...

You visit a neighborhood and see copies of your house everywhere.

These are not the people you shared the designs with. YOU FEEL
BETRAYED.

You rush to these homes only to find that they don't even acknowledge
"your creation", "your design", "a special creation by you" that you felt so
proud of...

PERILS OF BEING
HELPFUL

You rush to your best friend BizzyBee, and cry your heart out. Why
wouldn't they accept that they copied "my design", you ask.

BizzyBee: Well, I understand your pain, but how do you prove it was your
design?

You: I have this paper I drew it on. It is original I swear.

BizzyBee: Okay, let's go sue them, where's your design patent? A

copyright, anything?

You: WAIT WAIT WAIT..

What's all this talk about. I don't know anything about all this. I have my
house and this paper that's it.

BizzyBee: Oh my friend, you didn't protect your intellectual property?

You: What property? I don't know where to buy this intellectual property.
Help me Bizzy Bee, help me!
 Oh dear dear... You, my friend are in for a ride...
Let me introduce you to
Intellectual Property - property of the mind.

Intellectual property is all things we create with our minds, like drawings,
stories, songs, or even cool inventions like a new toy, or a clever gadget.

When we create something unique and special, we want to make sure

nobody copies or takes credit for it without asking. We can get something
called a 'patent' or a 'copyright' to show that the idea or creation is ours.

This way, we can decide how others can use it and make sure we get
due credit for our hard work and creativity.

PHYSICAL INTELLECTUAL
PROPERTY PROPERTY

Tangible - can be touched, Intangible and exists in the

seen and physically possessed. form of ideas, concepts, or
information.
Owned and possessed by
individual and have a legal title Individuals can have exclusive
to prove it. rights to IP.

Can be protected using locks, Is protected by laws which grant

fences, security systems, and the creators certain rights for a
insurance. specific period.

Cannot be easily replicated and Can have significant economic

duplicated. value and may be profited from.

A patent is a legal right given to
inventors for their new, useful, and
unique creations.
It allows inventors to have
exclusive control over their
invention for a specific time,
preventing others from using it
without permission.
Patents promote innovation and
technical progress by disclosing
inventions to the public.
INTELLECTUAL PROPERTY IS OF
ONE TYPE
Trade secret is confidential and
valuable business information, like
formulas or techniques, that gives
a competitive advantage.
It's not registered but must be kept
secret to be protected.
If properly protected, trade secrets
can provide long-term competitive
advantages to the business.
A trademark is a recognizable
sign, symbol, word, or design
that distinguishes products or
services of one business from
those of others.
It serves as a unique identifier,
helping consumers recognize
and associate with a specific
company.
Provide legal protection and
exclusive rights to the owner &
avoid confusion.
Copyright is a type of protection for
original creative works, giving
creators exclusive rights.
It covers books, music, art, and more.
It's automatic upon creation and lasts
for a certain period.
To use copyrighted material without
permission, such as for educational
purposes or criticism, "fair use"
exceptions exist in many copyright
laws, allowing limited use without
infringing on the creator's rights.
 Design Plant
Patent Patent

Utility
Protect the ornamental Patent Granted for new and
appearance or visual distinct plant varieties that
design of a functional item have been asexually
reproduced.
Do not cover the Protect the way an
functionality of an Must've been cultivated
invention functions or how it
invention using methods such as
is used. grafting or cutting, rather
Focus solely on its unique than from seeds.
Can be granted for
visual characteristics. machines, processes, Protect the genetic makeup
compositions of matter, and of the plant and its unique
Typically last for 15 years improvements to existing characteristics.
from the date of issuance. inventions.
Term of a plant patent is 20
Typically last for 20 years years from the filing date.
from the filing date and
provide exclusive rights to
the inventor to
manufacture, use, and sell
the patented invention.
 The logo design of Chupa
Chups, the iconic lollipop
brand, was crafted by the
renowned artist Salvador Dalí
himself. The daisy-shaped In 1968, Spencer Silver, a 3M scientist,
logo became synonymous was trying to create a strong adhesive
but ended up creating a weak one
with the brand and helped instead. Years later, a colleague, Art
make it a global sensation. Fry, found a practical use for the "failed"
adhesive when he needed markers that
wouldn't damage papers in his hymnal
book. Thus, the idea for Post-it Notes
was born.

One of the most widely recognized and

sung songs in the world, "Happy
Birthday to You," was protected by
copyright until 2016 by Disney.
After which, a U.S. Federal judge Lucasfilm, the company behind
declared the claim Star Wars, has registered
invalid! FUN numerous trademarks to protect
characters, names, and phrases
IP RELATED associated with the series,
ensuring minimum unauthorized
FACTS use..

The iconic Oscar statuette awarded

during the Academy Awards is
trademarked and copyrighted to ensure
its distinctiveness and protection from
unauthorized reproductions. Its design
dates back to 1928, and over time, The Rubik's Cube, a popular puzzle toy
various changes and improvements have invented by Ernő Rubik, was the center
been made to the statue.
of a long-running legal battle over
intellectual property rights. In 2016, the
European Court of Justice ruled in favor
of the toy's trademark, granting protection
to its iconic design.

Coca-Cola's secret formula is one of the

most famous and closely guarded trade
secrets in the world. The formula is the
key ingredient that gives Coca-Cola its
unique taste, and it has been kept secret
for well over a century.
Test the waters
Those who dominate
the field of IP
 The Inventors...
US patent law dictates that to be an
An Individual inventor of a patent the individual
A Company must've contributed to the CLAIMS of
the invention.
A University More on CLAIMS later...
AI
Machine
Research Institution

AI being inventor of an
invention is a topic of hot
debate. As of now as AI is
"non-human", it is not
considered an inventor
across most jurisdictions.

WHO'S WHO OF
The Institutions...
It establishes minimum
National IP offices - standards for the
USPTO, protection and
enforcement of forms of
EUIPO, EPO IP rights among WTO
JPO member countries.
IPO UK etc.
Word Intellectual Property Organization
(WIPO)
World Trade Organization (WTO)
IP & Technology Transfer Offices in
The Trade-Related Aspects
Universities & Research Institutions of Intellectual Property
Rights or TRIPS Agreement
is an international treaty
administered by the WTO
and came into effect on
January 1, 1995.

The Companies...
IP Research & Analytics Firms
Patent Law Firms
Licensing Agencies
Non-Practicing Entity (NPE)
Trademark and Branding Agencies
IP Consulting & Advisory Firms
IP Software & Technology Firms
Copyright Managers
Patent Trolls
THE IP INDUSTRY ?
NPEs generate
revenue primarily
through licensing or
enforcing their
patents against other
companies.
Trolls expect to extract huge
licensing fees or settlements
from other companies, by threat
to litigate.
US has the highest
concentration of IP research
firms in the world.
Can you think why?
The first official patent office in
the modern sense was
established in Great Britain in
1852, called UKIPO
But, world's first patent office
is often credited to the
Venetian Republic, which
established the "Venetian
Patent Statute" in 1474
An NPE is an individual or company
that owns patents but does not use them
to create or sell products or services.
"Patent Troll" is a label used to refer to
certain NPEs that are perceived to be
using their patents aggressively.
All patent trolls may be NPEs but, not all
NPEs are trolls. They help the patent
ecosystem by facilitating licensing and
enabling further innovation.
Welcome to the Realm
of Patents
 What are Patents?

Like a guardian of innovation, a patent gives its creator the legal

right to block any attempts at unauthorized use or replication. It
helps its inventors hold the power to shield their creations from the
hands of others.

A patent owner can govern the manufacturing, sales, and imports

of their groundbreaking inventions across nations where their
patents hold sway.
These exclusive rights can be traded, sold, or licensed,
empowering inventors to reap the rewards of their ingenuity.

One needs to be mindful that, only truly exceptional ideas that

solve problems in NOVEL, NON-OBVIOUS, and TECHNICALLY
INNOVATIVE ways are granted the prestigious status of a patent,
providing a shield for industries like pharmaceuticals and research
to recover costs and safeguard their invaluable discoveries.

Granting agencies such as Patent Offices diligently ensure that

each patent is truly groundbreaking, useful, and defying the
ordinary within its respective field.

The world of patents remains an awe-inspiring testament to human

creativity and protection of intellectual prowess.
 Wondering how to know
what's patentable ?

B. Invention must be non-

A. Invention must be new
Your invention mustn't be any
information publicly available
prior to your patent application
filing.
obvious
If a person knowledgeable in the
relevant field can easily come up
with the same solution for your
invention upon understanding its
purpose, then your solution is
considered highly apparent or
obvious.

C. Invention must be
industrially applicable

The invention must possess

industrial applicability and
feasibility, ensuring that it can be
put into practice and replicated
successfully.
 What nationality will your
patent hold?

Things are done a little differently in the patent land-

Patents are granted on a territorial basis, meaning that the exclusive

rights provided by a patent typically apply solely within the specific
country or region where the patent has been successfully filed and
approved, adhering to the laws of that particular jurisdiction.

Inventors must navigate the legal framework and fulfill the specific
requirements of each jurisdiction to secure patent rights in the desired
countries or regions.

A patent being filed and granted in just Spain will not have any effect
in a foreign country. Thus, it is imminent to choose one's patent filing
jurisdiction wisely!
 I need to make haste and file
my patent in the rest of the
European countries, who
knows someone might be
conspiring to steal my ideas!

Hey Bizzy-bee, you need not separately

file your patent in every European country,
go to the regional patent jurisdiction for
Europe i.e. EPO (European Patent
Organisation) to obtain patent protection
for all the EPO participating countries!
 What patents call their home?
A.K.A
Patent Jurisdictions
United States Patent and Trademark
Office (USPTO), Japan Patent Office
(JPO)
B. Regional Patent
Jurisdiction
Patent systems that cover
A. National Patent
multiple countries within a
Jurisdiction
specific region. The
Country specific patent system participating countries operate
governed by its own patent under an agreement to provide
laws and regulations. a unified patent application and
Country has its own patent examination process.
office.

C. International Patent
Jurisdictions

Applicants have the option to

submit a single international patent European
application, enabling them to Patent
pursue patent protection across Organization
multiple countries that are (EPOrg)
World members of the relevant treaty or
Intellectual organization.
Property
Organization
(WIPO)
 The Godfather Jurisdiction
AKA
WIPO
WIPO is one of the specialized agencies of the United Nations
(UN). A patent application filed under the Patent Cooperation
Treaty (PCT), administered by WIPO could allow the applicant to
seek patent protection in multiple countries at once.

Why would one choose

WIPO?

In addition to the inherent advantage that WIPO provides i.e. of

patent protection across multiple nations; the WIPO Arbitration
and Mediation Center makes WIPO an indispensable option for
applicants.

Imagine a secret hideaway in the world of intellectual property

disputes! WIPO's Arbitration and Mediation Center is like a
superhero headquarters for solving conflicts without going to
court. It offers a unique service where parties can settle their
differences in a peaceful, speedy, and cost-effective manner.
With WIPO's expertise in IP matters, this special place helps
save time, money, and encourages friendly resolutions. It's like a
magical alternative where everyone wins!
 Does a patent
look ugly? Let's find out!
Title of the patent

One who applies for the patent

Brain(s) behind the invention

Owner of the patent at organisation level

A patent application number, i.e. an initial

submission seeking patent protection. It does not
confer any enforceable rights for the creator of
work(s).

Date of filing of the above patent application, i.e.

the date on which the applicant presented its
document to its respective patent filing office.

A published patent application . It does not confer

any enforceable rights for the creator of work(s).

Here, Cl. represents 'classification'. Classification depicts the

technical field under which the patent's claimed invention
lies. Classifications form a tree-like structure, where each
technical filed are further branched into sub-fields and so
on..

References cited are those patents which are on

similar lines to the filed patent and which the
inventor/examiner identifies and declares as pre-
known to them.
The cover page of a patent
document
 Majority body of any patent document
lying in the midst - The Description

The description section is where the inventor unveils the inner workings of
their creation, painting a vivid picture for the reader's understanding. It serves
as a comprehensive roadmap, offering insights into the technical aspects,
functionality, and novelty of the invention. This section goes beyond mere
disclosure; it encapsulates the brilliance of the inventor's mind, signifying the
depth of knowledge and expertise possessed by the inventor. It provides a
narrative that not only educates but also establishes a foundation for the
patent's legal protection.
A well-crafted description leaves no stone unturned, providing a thorough
exploration of the invention's components, embodiments, and potential
variations. It not only imparts knowledge but also instills confidence in the
patent's validity and enforceability. Moreover, the description plays a pivotal
role in defining the boundaries of the invention.
It sets the stage for the claims (coming next), which rely on the information
provided in the description to establish their scope and limitations. A precise
and comprehensive description ensures that the claims accurately capture the
essence of the invention and align with the inventor's intentions.
 Within the intricate world of
patents, lies a crucial core: the
CLAIMS. These passages hold
the fate of an invention,
The End fragment, yet the determining its survival or demise.
They possess an almost mystical
CORE of any patent power, often weaving words that
can drive even the most intelligent
minds to the brink of frustration.

The claims serve as the beating

heart of a patent. During the
prosecution process, they form the
foundation for assessing the
patentability of an invention. Like
gatekeepers, they decide whether
an invention deserves the coveted
status of being patented or falls
short of the mark.

Decoding the claims can be a

formidable challenge, as their
language is meticulously crafted to
convey precise boundaries and
nuances. They require careful
scrutiny, for within their cryptic
lines lies the key to unlocking the
true essence and uniqueness of
an invention.

They hold the power to shape the

destiny of innovation, separating
the ordinary from the extraordinary
and transforming mere ideas into
legally protected embodiments of
human ingenuity.
 Birth, Death and Life-in-
between of a Patent
The lifecycle of a patent encompasses various stages, each playing a crucial
role in its journey from inception to expiration. It begins with the filing of a non-
provisional patent application, where an inventor submits a comprehensive
document detailing their invention's technical aspects, claims, and supporting
materials. This application initiates the examination process, during which
patent offices assess the invention's novelty, non-obviousness, and utility.

In some cases, inventors may choose to file a provisional patent application

before the non-provisional application. The provisional application provides an
earlier filing date and establishes an early priority date for the invention. It
offers a one-year period to further develop the invention and file the non-
provisional application while retaining the earlier priority date.

Once the non-provisional application is granted, the inventor receives the

patent. From this point, the patent's validity spans a specific duration, usually
20 years from the filing date of the earliest non-provisional application.
Throughout the patent's lifespan, it requires maintenance to remain in force.
Inventors must pay maintenance fees at designated intervals to uphold the
patent's enforceability. Failure to pay these fees can lead to the patent's
expiration before its designated term ends.

During its active period, a patent serves as a shield, granting exclusive rights
to the inventor, allowing them to prevent others from making, using, or selling
their invention without permission. It incentivizes innovation and rewards
inventors for their contributions to society.

However, as the patent approaches its expiry date, its influence gradually
wanes. Once the patent term expires, the invention enters the public domain,
becoming freely available for anyone to use, replicate, or improve upon
without infringing on any rights.
 Bee's Patent's Cycle of Life

Idea conception &

Patent ready to fly
Patentability
across land and oceans
assessment- Is the idea
protected, ready to earn
worth-patenting, is it even
profits for its owner by
patentable?
being sold, standardized,
licensed or even form a
baseline to develop a
product. Drafting and
filing patent
application

Patent gets granted.

Patent
If you notice a patent
application gets
number ending with a
published.
letter 'B' also called
kind codes; it may
signify a granted
patent. Office action/ Patent
examination begins to
decide if the patent
application can be granted
or not
STOP hiding your ideas for the
fear of 'em getting stolen

It is quite a human tendency to keep our

specials secretively, be it the favourite pen we
own, that expensive jewellery or even the cookie
our mom freshly baked the last we went home!
Even in our childhood we are often advised to
not flaunt/ reveal our exam-preparation
strategies to others, for they could steal/ copy it.

It really amuses me how well we abide by these

lessons even this day when we are full-grown
adults, yet, sadly, owning a mind that of a 12 yr
old.

Intangible creation of mind as that of Intellectual

Property is one of those areas where innovators
hold the potential to make millions.
Then what is it that stops them?

There you are! It is the fear of disapproval or

getting judged for the possibility of anyone
locating a better solution to the problem their
invention is solving. Or, may be finding it risky to
bring it in front of the world for the fear of getting
sued!

The power of owning intellectual property is

unimaginable. Mere writings on a piece of paper,
or just a drawing may bring the entire world to
you in a blink of an eye.
 Ways to make MONEY
from a piece of Paper

A. Let people steal your ideas!

Sounds bizarre? Well it may work

wonders if you know what to do next!

Become a Patent LICENSOR!

Step one - Identify patent(s) that could be licensed

Step two - Find the companies that would like to take a license
(they might be selling a product whose functionality is what
your patent's claim discloses)

Step three- Assigning a value to the patent

Step four- Let them know your offer of wanting to license your
patent!
 OR
Get Combat-ready and bring your
patent to the Court!

File an INFRINGEMENT
Lawsuit!

Say a company 'A' decided to establish their very own manufacturing

empire, dedicated to producing a groundbreaking invention. Little did 'A'
know that a mischievous competitor, 'B,' had beaten them to the punch
by releasing a strikingly similar product six months earlier. It gets worse
when 'A' discovers that 'B' had been privy to their ingenious invention as
an angel investor during the fundraising phase.

This turn of events unraveled as a blatant case of patent infringement,

for 'B' had shamelessly capitalized on 'A's' brainchild, leveraging the
confidential information shared in utmost trust.

Here is when 'A' possesses the power to defend their patent rights by
launching a legal assault against 'B.' The mighty Patent Laws may be
brought into practice and 'A' shall file a lawsuit, seeking justice for the
infringement.

If found at fault, the court may decree 'B' to halt production and sales of
the disputed device, while also demanding compensation for damages
inflicted upon 'A.' Alternatively, both parties may enter into negotiations,
striving to strike a deal that ensures just compensation, with or without
the court's intervention.

Often, products thrive in the market, merrily profiting from patent

violations, while their creators remain blissfully unaware of the theft.
 B. Begin making Allies for the war-
front

Sometimes it is wiser to be open to making

collective profits, all you need to take care of is
to do the MATH right!

Begin Patent POOLING!

Imagine that 'A' has developed a fantastic file sharing technology that works
seamlessly with a specific type of TVs or mobile phones. However, 'A' soon
stumbles upon 'C', a brilliant mind who possesses the technology to make 'A's'
device compatible with all kinds of TV sets and mobile phones, breaking free from
limitations. Can 'A' and 'C' strike a harmonious business arrangement?

Absolutely! 'A' can propose the idea of creating a patent pool with 'C'. In a patent
pool, multiple patent holders join forces through an agreement to collectively use
and license their patents to third parties. This paves the way for broader coverage
of their patents and, of course, greater commercial success by expanding their
reach.

Now, with 'A' and 'C' working together, they can attract a larger customer base
and reap more rewards from their patents. However, it's crucial to establish a fair
ratio of patent value within the pool, based on the significance and relevance of
each patent. In this particular case, 'A' may request a 75% share of the product's
value, while 'C' is granted 25% for contributing his invaluable technological know-
how. Accordingly, this consortium can divide the profits amongst themselves, in
alignment with the agreed-upon values.

As the patent pool takes shape, it is essential to formalize all crucial terms and
conditions with mutual understanding. The parties involved must also pledge to
take collective action against any infringers should the need arise, ensuring a
united front against any infringement attempts.
 C. Why not Sell your patent?

You read it right! Your patent can make

you quickly earn profit skipping any sort of
hassles of the market place!

Time to put a price on

your patent!

If 'A' wishes to focus on additional Research and Development (R&D)

rather than managing the manufacturing process, there is a beneficial
option available. 'A' can sell the granted patent for the mirroring
device, allowing for a smooth exit. By selling the patent, 'A' can
quickly earn profits without the burden of managing production and
shift their attention towards desired R&D for new products or
processes.

To explore the option of selling the patent, 'A' can consider utilizing
patent marketplaces where patents can be bought and sold. These
marketplaces provide a platform for connecting patent holders with
potential buyers. Additionally, there are companies that may be highly
interested in purchasing 'A's' patents if they have been causing
rejections for those companies' patent applications.

Selling the patent not only provides 'A' with an opportunity to

monetize their invention but also frees them to focus on innovation
and R&D for future endeavors.
Wise-bee, did you know that there are market
places for Buying or Selling patents just liked
eBay or Amazon for goods?

Fortunately, I did Bizzy-bee, I am very

updated about the intellectual property
updates as I keenly go through the renowned
IAM magazine - for IP . You can find it on
their website- www.iam-media.com. For now,
I can even tell you a few popular marketplaces
for buying/selling patent!
How do you see IP- A
friend or foe?
 A F.R.I.E.N.D ?

Intellectual property, such as patents, copyrights, and

es for
trademarks, provides innovators and inventors with legal ntiv
protection and exclusivity. This protection stimulates Ince ovation
innovation by assuring individuals and businesses that their Inn
efforts will be recognized and their ideas will be protected
from unauthorized usage.

onomic Intellectual property (IP) can be a valuable asset for

Ec nefits enterprises. Patents and trademarks can provide a
Be competitive advantage, attract investors, and open the
door to licensing and commercialization options, resulting
in higher revenue and growth.

Creative works, such as literature, art, music, and cinema, u ltural on

C vati
are protected by copyright. This safeguard aids in the er
preservation of cultural heritage, stimulates artistic Pres
expression, and ensures that creators are recognized and
compensated for their work.

ns umer
Co ection Trademarks make it easy for consumers to identify
Prot the source of the products and services they rely on,
boosting brand loyalty and safeguarding consumers
from counterfeit or inferior goods.
 A FOE?

Some claim that severe intellectual property protection can ction on

ri
stifle the free flow of information and ideas. Restrictive Rest wledge
patents may inhibit the rapid transmission of critical Kno ring
information in fields such as health or technology, restricting Sha
progress and innovation.

p olistic
o
Mon encies Strong intellectual property holders may develop
Tend monopolies, making it difficult for new entrants to
compete. This can impede competition and drive up
consumer prices

Patent trolls are entities that purchase patents purely for t Trolls
n
the purpose of suing other companies for infringement, Pate
rather than using the patents for meaningful innovation.
This practise might result in frivolous litigation and high
legal fees.

u ltural d Some claim that severe copyright enforcement limits

C s an
ce s creativity and public access to cultural products. Long
Ac ativity copyright periods can cause works to be delayed from
Cre entering the public domain, potentially limiting its use
for educational or transformative purposes.

Striking a balance between preserving innovators' and artists' rights and encouraging
innovation, competitiveness, and access to knowledge is a constant and challenging
endeavour.
How and Who fights
IP wars?
when we learned to earn money from IP, it paved way for another
avenue...

YOU ARE
SUED YOU ARE
SUED EVERYBODY IS
SUED
What are the types of IP Lawsuits???

Patent/Copyright/Tra Trade Secret Patent

demark Infringement Misappropriation Invalidity Challenges
Lawsuit Lawsuit

Digital Millennium
Counterfeiting Licensing
Copyright Act
Lawsuits Disputes
(DMCA) Violations

I am a simple inventor, I know

inventing, I know nothing about
defending...

Worry not, let me introduce to

my friend. They'll help you out
Bee.

IP Lawyer & IP
Law Firm
An IP Lawyer plays a crucial role in helping an inventor Oh my God!
or company navigate the complexities of intellectual So many things to do and only
property law and protect their innovations. one person?

They are actively involved in the process of obtaining

an IP right as well.

For instance, they may help draft a patent,

respond to office actions from the examiner,
make sure the legal requirements of the patent are
met, and
stay on the job till the patent is granted.
Shh.. Shh.. These super
heroes have their secret
Apart from that they also - trusted weapons.

maintain company's portfolios,

help companies acquire, loan, or sell valuable Tell me please
intellectual property, and Bizzy Bee
advise companies on mergers and acquisitions.

Typically in lawsuit of various forms, they take care of

one or more of the following tasks -

Filing for IP Protection - understand what and how

to protect Now that you insist, they
are
Enforcing IP Rights - look out for infringement and
IP Research Firms
copies.
Prior Art Search - conduct searches to ensure
whether IP is actually novel or not.
(more on this later...)
Defending Against IP Challenges in a Court of Law
- Present the best possible defense tackling IP
laws.
Negotiating Settlements - in case there is a higher They are the secret weapons that provide
possibility of a unfavorable outcome, ensuring the IP lawyers with the technical ammunition
best possible deal for their client. required to defend IP in courts
Litigation - Identify infringement of client's IP and
find out best possible legal course, one of which
That sounds quite
could be litigation. interesting. Tell me
more...

Patience, my dear friend,

Patience
Research & Analysis
in IP
...
A key player in shielding &
defending assets
 Prior-Art Analysis?

Bizzy-Bee: Ohh man! Copy-Bee is using my technology X. Let me

sue that company.

Copy-Bee: Ah.. I’m sued! What shall I do now? Ummm, let me take
someone’s help who can get a prior art search done.

So, what is prior-art?

Any publicly available knowledge that existed before the filing date of a
patent application or the date of invention is referred to as prior art. It
comprises patents and published patent applications from any country,
as well as academic papers, trade journals, periodicals, internet
resources, brochures, sales materials, and physical specimens.

Patents

Code Books

Prior-Art
Catalogs,
A video Product
demonstration Manuals

Illustrations
 Prior-Art Analysis?

While prior art is vital for establishing an invention's novelty and non-
obviousness, certain characteristics of prior art may not be used against an
inventor. These are some examples:

Prior art that is not publicly available: Prior art must have been publicly
revealed prior to the filing date of the patent application in order to be relevant.
Prior art may not be regarded valid if it was not available to the public, such as
confidential records or unpublished research.

Prior art that is not enabling: Prior art must give sufficient information for a
skilled person in the field to practise or duplicate the innovation. If the previous
art is ambiguous, fragmentary, or fails to adequately reveal the features of the
invention, it may not be deemed enabling and may not be utilised against the
inventor.

Non-relevant prior art: Prior work must be related to the same or a similar
technological field as the innovation. If the previous art is irrelevant or not fairly
pertinent to the invention, it may not be regarded relevant and may not be used
to invalidate the invention's novelty or non-obviousness.

Following-generation prior art: Prior art must predate the date of invention or
the filing date of the patent application. If the prior art is published or revealed
after these dates, it cannot be used to invalidate the patent against the inventor.

It is crucial to note that determining prior art and its impact on the
patentability of an invention can be difficult. To thoroughly analyse the
previous art and establish its relevance and impact on the invention, it is
often necessary to hire a patent attorney or a professional patent
searcher.
 Landscape Analysis?

Landscape analysis is a sort of organisational analysis that seeks to

provide a full and holistic perspective of the major organisations, activities,
and essential aspects within a specific field of operations. It is frequently
used in corporate settings as part of a business strategy to gather
information on potential partners, do market analysis, and evaluate
competitors.

A landscape study can also be used to identify the strengths, resources,

and requirements of a certain community. Organisations can improve their
efficacy and relevance by undertaking such an examination.

I remember, how I used to traverse through acres of

fieldsfirst to decide which flowers to choose to collect
nectar from, this is somehwat like that!
 Why Landscape Analysis?

Conducting a landscape analysis is crucial before initiating any

community program, including a tutoring program or any other
service. It allows you to gather essential information and confirm
the need and desire for the proposed program within the
community you intend to serve.

By conducting a landscape analysis, you can thoroughly map and

understand the community's needs and desires. This information
becomes the foundation for designing your program, setting
priorities, and making strategic decisions. It ensures that the
program remains responsive to the actual needs of the community,
rather than relying solely on assumptions or hypotheses about
those needs.

The insights gained from the landscape analysis enable you to

design an effective tutoring program that aligns with the
community's needs and values. This groundwork is essential for
creating a program that is relevant, impactful, and valued by the
entire community you aim to serve. It demonstrates a thoughtful
approach that puts the community's interests at the forefront and
increases the likelihood of success and positive outcomes for the
program.

How astonishing, that even the humans like to do the

things wise-way, or, say, the BEE-WAY!
 Infringement Analysis?

Bizzy-Bee: Ohh man! Copy-Bee made a product that looks similar to my

patented technology X. But… I am not very sure if this news is true.
Let me get the infringement study done. Then, I will be sure if this is true
or not.

So, what is Patent Infringement Analysis?

Patents give the owner the exclusive right to restrict others from creating, using,
selling, or importing the patented innovation. A patent's scope of protection is
specified by its claims, which describe the exact features or actions that are
protected. If anybody conducts any of these acts without the patent owner's
consent and without a valid licence, they may be infringing on the patent.

It should be noted that patent infringement is a complicated legal issue that

necessitates a careful examination of the precise patent claims, the accused
infringing action, and any relevant defences or exceptions. For accurate and
detailed counsel in such cases, consult with a patent attorney or legal practitioner
skilled in intellectual property law.
 How to save yourself from
entering into
Patent Infringement
Lawsuits?

Original product development: It is usual practise for firms to add

language in employment contracts that grant the company ownership of
intellectual property rights. This assures that any ideas or creations
generated by employees while on the job are the sole property of the
corporation, preventing individuals from later claiming individual ownership.
Such clauses can assist the corporation in protecting its interests and
maintaining control of its intellectual property assets.

Obtaining required licences from patent holders: If a corporation plans to

use someone else's protected material or technique, it must first secure the
requisite licences or permissions from the patent owners. Using patented
material without authorization might result in infringement lawsuits and legal
ramifications. Seeking correct authorization assures compliance with
intellectual property rules while also reducing the danger of infringing on the
rights of others.

Royalty-free content and proper attribution: Royalty-free content is

content that can be used without having to pay royalties or licencing fees.
However, the rights of the material creator or copyright holder must still be
respected. While explicit permission or payment are not required, it is
generally good practise to provide credit to the original creator or
acknowledge the source of the item. This contributes to the upholding of
ethical norms and the creation of a respectful and transparent environment
for the use of intellectual property.

I hate the way copy-bee keeps stealing my

ideas, will surely file an infringement lawsuit
against him, if he dares to copy my novel
ways of making fresh honey!
Test the waters

Can you find out which IP category does each of these fall into- patent
(utility (U)/design (D)/plant (P)) , trademark (TM), copyright (C) or trade
sceret (TS)?

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Test the waters
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Bran

Painting-

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 IP Fairy Tales
...
When white collars took charge
to preserve ingenuity
 When toys went on war!
The Lego V. Megablok Case

Lego, the famed Danish toy business once attempted to trademark their red brick
because they claimed consumers only identified it with their brand. When others used
a similar-looking block, they felt it generated confusion. Mega Brands, the creator of
Mega Briks, was the one that contested Lego's trademark registration. The Canadian
firm accused Lego of attempting to monopolize the appearance of the brick in order to
achieve an indefinite advantage.

Mega Brands emphasized that while patents can protect technical solutions such as
linking toy bricks, their protection is time-limited. Lego's basic brick patents had long
expired, leaving the shape and function available to wider use.

Lego, lost the judicial struggle to defend its eight-studded bricks under trademark law.
It had sought to appeal a 2004 ruling that revoked its trademark for a red toy
construction brick, but their attempts were thwarted by the European Court of Justice
(ECJ)
.
The ECJ ruled that the functional shape of a brick could not be registered as a
trademark. This judgment was a significant victory for Lego's competitor, Mega Bloks,
which manufactures bricks of the same form and size. The court rejected Lego's
argument that the distinctive studs on their bricks qualified them for trademark
protection. The ECJ concurred, finding that safeguarding a product's structure and
function would limit competitors' opportunities.

This legal process serves as a reminder that, while Lego's iconic bricks will continue to
inspire innovation, the company's efforts to establish long-term trademark protection
for the brick's appearance have been futile. The legacy of Lego will live on, but
competitors can now freely use similar ideas, stimulating innovation and creativity in
the world of building blocks.
Patent Drawing of Lego blocks- titled- Toy building brick
(1961) by Christiansen Godtfred Kirk - Lego brick
 When its war-time, why spare
food?
The Kellogg V. National Biscuit Case

The story focuses on the early days of shredded wheat cereal and the legal
dispute over trademark and patent rights between the Kellogg Company and the
National Biscuit Company (Nabisco).

In 1893, Henry Perky, the inventor of shredded wheat cereal, presented his
product. Initially, John Harvey Kellogg slammed the cereal, comparing it to
"eating a whisk broom." Nonetheless, Shredded Whole Wheat became popular.
After Perky died in 1908 and his patents expired in 1912, the Kellogg Company
began marketing a comparable cereal.

In 1930, Nabisco, Perky's company's successor, filed a lawsuit against Kellogg,

alleging trademark infringement and unfair competition. They alleged that
Kellogg's shredded wheat infringed on their trademark rights and attempted to
monopolize the market.

In 1938, the legal dispute reached the Supreme Court. The court found in favor
of Kellogg Company, ruling that the term "shredded wheat" did not qualify for
trademark protection. Furthermore, they judged the cereal's pillow structure to
be practical, and because shredded wheat is a generic term, they authorized
others to create comparable items when the patent expired.

This decision set an important precedent by stating that generic phrases and
functional shapes cannot be trademarked, even if they were previously linked
with a specific brand or product.
 Source Credits: beachpackagingdesign.com

Ooopss... the biscuits helplessly looks identical and named shredded

wheat, but, what use! Most biscuits look the same!
Also, guess what, Nabisco's patent was long-expired and its benefits
are free to be enjoyed by all!

Source Credits: beachpackagingdesign.com

 When Microsoft switched
sides in the battle
The Microsoft V. Apple Case
(1988)

The epic war between Apple and Microsoft over the graphical user interface (GUI) in
their operating systems was observed by the tech industry as one that would
influence the future of personal computing. It all started in the 1980s, when Microsoft
obtained Apple's Macintosh operating system. Bill Gates recognised the opportunity
and recommended licencing the Macintosh software to third-party developers,
foreseeing a new age in computing. Unfortunately, Apple rejected this ground-
breaking concept.

Undaunted, Microsoft released Windows 1.0 in 1985, which bore a remarkable

resemblance to the Macintosh. Apple feared legal action but eventually reached an
agreement. They provided Microsoft permission to use certain Macintosh design
features into Windows..

When Windows 2.0 was released in 1987, with even more Macintosh-inspired design
aspects, Apple filed a copyright infringement case, abandoning their earlier diplomatic
strategy.
The legal case revolved around the 1985 licence agreement, which was heavily
scrutinised. The agreement, it turned out, enabled the usage of derivative works in
both existing and future software programmes.

In 1989, Judge William Schwarzer issued his decision in favour of Microsoft. He

determined that the licence agreement included 179 of the 189 disputed visual
display elements. The other ten elements were ruled unsuitable for copyright
protection.

Apple suffered a huge setback as a result of this court failure, while Microsoft and its
Windows operating system surged ahead, dominating the personal computing sector.
However, Apple's fortunes altered with the return of Steve Jobs and a surge of
advancements that cemented the company's dominance in the industry.

The case is seen as a watershed moment in computer history, emphasising the critical
role of intellectual property rights in the fast-paced world of technology.
 Interestingly, Microsoft had already started working on Windows before Bill
Gates laid eyes on the Macintosh. Additionally, both operating systems
incorporated technology licensed from Xerox PARC, a key contributor to the
development of the graphical user interface.

As a result, Microsoft and Apple came to an agreement.

Arrival of Windows 2.0-

The uncanny
resemblance!

The uncanny
resemblance!

Apple sues Microsoft for robbing its design despite the PARC
agreement!
 What you wearing might be
costing millions to someone!
The Crocs V. ITC Case

Crocs, the well-known footwear company, won a significant court victory in a patent dispute with
the International Trade Commission (ITC). The Federal Circuit reversed the International Trade
Commission's conclusion that Crocs' patents were invalid and not violated. The case revolved
around two patents: one for breathable footwear and another for an attractive shoe design. Crocs
accused the respondents of manufacturing infringing products in other countries and bringing
them into the United States.

The court pointed out numerous flaws in the claim's interpretation. To begin with, the patent did
not describe a strap that is uniformly wide throughout. The strap was discovered to broaden
towards the heel. Second, as stated in the claim, the holes along the sidewall are not equally
distributed.

The court emphasised the importance of looking at the design as a whole rather than focusing on
tiny elements. They compared the patent design drawings to the accused products and
determined that an average observer would have difficulties distinguishing between them. As a
result, the court ruled that the accused products violated Crocs' design patent.

Crocs' claim of unfair competition was likewise addressed by the court, which required a
"domestic industry" relevant to the protected patent. They compared the design patent to Crocs'
Beach shoe and found that they provided equivalent overall impacts, meeting the domestic
industry criteria.

The court's verdict acknowledged Crocs' patented designs' commercial success as well as
evidence of imitation by others. Crocs' complaint was remanded to the ITC to evaluate
infringement and suitable remedies.

This decision emphasised the need of assessing the overall design, the ability of patents to
protect commercially successful inventions, and the value of distinguishing features in
determining patent validity.
 When a parody nearly
went wrong!
Louis Vuitton
V.
Haute Diggity Dog Case
An unexpected court battle erupted in the worlds of fashion and pet products in 2007 when Louis
Vuitton, the famed luxury brand, decided to take on Haute Diggity Dog, a Nevada-based pet
product manufacturer. What is the point of contention? "Chewy Vuitton" is a fun spoof
merchandise line.

Louis Vuitton, famous for its signature branded bags and stylish designs, accused Haute Diggity
Dog of trademark, trade dress, and copyright infringement. But it was the defendant's wacky
product line that made this case truly remarkable. Haute Diggity Dog's spoof lines included
"Chewnel No. 5" and "Sniffany & Co.," which were inspired by other worldwide fashion
companies.

The legal drama reached a spectacular climax when the United States Court of Appeals for the
Fourth Circuit issued an unexpected verdict. They declared that Haute Diggity Dog's products
were a successful parody that did not violate any copyright or trademarks. The court determined
that these pet products were cleverly differentiated from Louis Vuitton's luxury offerings, with the
intention of amusing and entertaining rather than misleading consumers.

The court even questioned whether anybody could confuse "Chewy Vuitton" for authentic Louis
Vuitton merchandise. The answer was a resounding no - no one could mistake a stylish purse for
a cheeky chew toy!

In the end, Haute Diggity Dog triumphed, demonstrating the strength of inventiveness and
humour in the face of high-fashion regulations. It was a triumph for hilarity and parody,
demonstrating that even in the world of high-end brands, a little levity can go a long way.
Products from the Chewy Vuitton Range,
probably our pets could afford these?

Try checking out this ultimate luxury store -

www.chewyvuittonstore.com
 The non-perishable
future that IP beholds
 How IP fuels human
evolution?
Throughout history, human innovation has been intricately
tied to the pursuit of survival, progress, and power. In the
early stages of our existence, survival was paramount, and
innovations were born out of the necessity to overcome
challenges and ensure the survival of our species. As
societies developed and civilizations flourished, the focus
shifted towards progress and the desire to improve the quality
of life. Eventually, the thirst for power emerged, driving
innovation towards conquest, dominance, and influence.

Green
Fire Revolution
Survive

Space Exploration Printing Press

Innovating
to/for

Progress
Power

Nuclear
Weapons Internet
 In the modern era, the thirst for power emerged as a
potent motivator for innovation. Nations sought military
supremacy, economic dominance, and geopolitical
influence. The space race, nuclear technology, and
digital advancements are all examples of how the
pursuit of power has shaped the trajectory of innovation.

In the competitive landscape of today's globalized world, intellectual

property acts as a shield, safeguarding innovation from infringement
and imitation. It provides a platform for innovators to thrive and make
a lasting impact on society. Without the protection offered by
intellectual property rights, the incentive to invest in research and
innovation could diminish, hindering progress across various
domains.

As we stand at the crossroads of the future, the conquest of

intellectual property has become a vital strategy for individuals,
businesses, and nations alike. To thrive in this ever-evolving world,
embracing innovation and respecting intellectual property is not just a
choice but a necessity. By safeguarding the fruits of creativity and
discovery, we nurture a thriving ecosystem that continues to drive
human progress and power, propelling our shared journey towards a
brighter and more prosperous tomorrow.
IP not only promotes innovation but also assists businesses in protecting their
interests. Unquestionably, intellectual property (IP) is the most valuable asset
in the world today, and people are quickly realising that this is where the
future resides. With the world's focus shifting from manufacturing to a
knowledge economy, intellectual property (IP), the nucleus of this type of
economy, has become one of the most crucial professional categories today.
A look at the world's largest corporations, such as Apple, Microsoft, and
others, demonstrates that they are all incredibly rich in intellectual property
assets.

Referring to the insights by GreyB, one can have a look on Apple's patent
filing trend-
Real-life examples illustrate the significance of
intellectual property in today's innovation-
driven landscape

Pharmaceutical Innovations: The pharmaceutical

industry invests heavily in research and development to
discover life-saving medicines and treatments. Patents
protect these innovations, granting companies a limited
period of exclusivity to recoup their investment and foster
continuous innovation.

Tech Giants and Intellectual Property: Tech giants like

Apple, Google, and Microsoft are renowned for their
groundbreaking innovations. Patents safeguard their
cutting-edge technologies, ensuring a competitive edge
and incentivizing further research and development.

Trademarks and Branding: Iconic brands like Coca-

Cola and Nike rely on trademarks to protect their brand
identities. These trademarks not only safeguard the
companies' reputation but also ensure consumer trust
and loyalty.

Creative Works and Copyrights: The entertainment

industry thrives on creative works, from movies and
music to literature and art. Copyright protection
empowers creators to monetize their works and fosters a
vibrant artistic ecosystem.
Endless Opportunities
in IP
there's a hidden IP warrior in each one of us...

WHO DO YOU SEE

SHERLOCK HOLMES

A researcher conducts thorough investigations and analysis of IP

rights, e.g. patents, trademarks, and copyrights. They gather and
examine relevant information from various sources to assess the
IP
status of any IP. Their work helps clients make informed se archer
decisions regarding IP protection, licensing, and legal strategies. Re

SHELDON COOPER
A patent exists because of an innovator (or group of) who dared
n novator/ to dream. If you are creative enough, you can conceive, and
I
r
Invento
create an invention and maybe have your name published as an
“inventor” on a patent application. The only requirements to be an
inventor are creativity, fuelled by expertise in any domain, and a
determination to get your patent granted (independently or with
support from an organization)

BILL GATES
An IP investor identifies value in any particular IP an then
invests in them to generate returns. They acquire rights
through licensing, purchasing, or investing in IP-centric
r
companies.They leverage their IP portfolio to generate Investo
profits through licensing deals, sales, or strategic
partnerships.
YOURSELF IN?

HARVEY SPECTER
IP
er
Lawy An IP lawyer protects & manages IP rights in various forms. They
can secure patents, trademarks, and copyrights, offer legal
advice, enforce IP rights, negotiate licensing agreements, handle
litigation, and manage IP portfolios for clients.

SHAKESPEARE
Patent
A patent Agent is authorized to draft and file patent applications, Agent
conduct patent searches, and communicate with the patent office
on behalf of inventors. They focus on the legal and technical
aspects of patents, ensuring that the application meets the
necessary legal requirements.

EXAMINER
An examiner is responsible for evaluating patent applications to
act: determine their novelty, non-obviousness, and usefulness so that
Fun F orked they do not overlap with existing patents. They review
in w
Einste Swiss documents, conduct prior art searches, and assess the claims
at the ice for 7 made to determine if the invention qualifies for patent protection.
t Off
Paten ears
y

...and if you're innovative enough, you can create your own niche, no bars ;)
Test the waters

Can you unscramble these letters to make

meaningful IP related terms?
How many did you get right?

Answer Key