Copyrighting An Idea

[Mayur Dharukiya]

Hello Group Members,

I am going to build Product with new Business Model for Indian Market. Only think i don't want to happen is my Business Model should not be copied next day of product launch by others. If copied it is going to directly affect the business in terms of revenue.

What i am looking at is how do i protect my Business Model or Product Idea so at least in india if some one copies it i can legally sue them.

Let me knows different ways to protect it my idea and business model.

Regards,
Mayur Dharukiya
www.mayurdharukiya.com
Cell:0773-844-9109 OR 7411253079

[vijay varghese paul]

Hi Mayur,

 

Unfortunately, a buiness Idea or a model for that matte cannot be protected. You will obviously have the first mover avantage when you enter the market, I think you should capitalize on it.

 

Regards,

Vijay

www.startuplegal.in

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[Nagaraja B S]

Mr. Mayur,,

Ideas or concepts cannot be protected through copyright.

Copyright gives protection for artistic / video / software / lyrics / music / websites / books etc.,

You should think of protecting through Patent. I would advise, Check thoroughly if it is patentable, otherwise, try and get your product as early as possible & be the first in the market... You can protect Trademark / Design and if any other through copyright.

Let me know, if there are any concerns

Regards,
Nagaraj
Mob: 990207635
www.iplexglobal.in

On Sat, Oct 6, 2012 at 5:27 PM, Mayur Dharukiya <dharuki...@gmail.com> wrote:

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Regards,
Nagaraj
Corporate & IP Lawyer
Mob: 9902007635 / 34
www.iplexglobal.in

[Anil Gupte]

Simply:  You can’t copyright an idea.  You can only protect the expression of an idea.

 

Some countries (India is not one of them) allow patenting a business process (i.e. business model).

 

Warm Regards,

Anil Gupte

"A society that doesn't educate ALL its children is building an edifice of false grandeur on pillars of ignorance."

Anonymous

[Karthik Naig]

Don't think there is any way to protect business model. You can erect entry barriers so that it becomes tough to copy. Product ideas can be protected through patents / copyrights - although how effective it is in the Indian context is anybody's guess. 

Regards,

Karthik

On Sat, Oct 6, 2012 at 5:27 PM, Mayur Dharukiya <dharuki...@gmail.com> wrote:

[Yellow Thoughts]

keep me in the loop. If there are ways, I would like to know it.

[Jatin Solanki]

Hey Mayur,

Its good that you have something unique to provide to the consumers, but protection of an idea is really not easy. An idea is thought by more than 10 different person in India only (the world count is even higher) the same time. The difference lies in you moving ahead with the idea to execute it. Maybe someone in Pune also have started working on the same idea and they may launch it a day before you do. And they may sue you saying you have taken their ideas. So, its not possible to say that the idea belongs to whom and claim right on it.

Ideas are not completely unimportant. They are just at the bottom of the list of most important items and team quality is at the top.

Facebook came several years after MySpace. iPhone came several years after Nokia Symbian and blackberry. Gmail came several years after hotmail. Invention does not matter, implementation matters.

What you need to build is the uniqueness you will provide the customers. Build a team, a service, a product which adds value. Then go for that extra mile which you think would be difficult for others to provide. Crack those extra, next level deals which would take others years to establish. I'm sure you will find some added service / exciting attributes you can add to your business which others would see and say 'how the hell did he managed to get this'. I hope you got the gist of it. All the best for you future endeavor. Anyone else in the group who has experience with Copy Rights can please guide Mayur.

Regards,

Jatin Solanki

www.1920aur21.in

http://msauda.com/

 

On Sat, Oct 6, 2012 at 5:27 PM, Mayur Dharukiya <dharuki...@gmail.com> wrote:

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Cheers !!!

Jatin Solanki|B.Tech| IIT Bombay

[Aditya]

Hi Mayur,

I find it unstoppable.

Take simple example, Once Muthoot finance started on Gold loan there were so many players in the market including one more major one called Manapuram, Every one wants to cash on giving money by taking people's gold.

Same way, Once you launch company from idea, if it gets hit, there will 100 people using or modifying the same thing & start it.

Its the way you make the product & deliver to end customer will matter in long run.

On Sat, Oct 6, 2012 at 5:27 PM, Mayur Dharukiya <dharuki...@gmail.com> wrote:

[Manav Sethi]

"ideas" cant be copyrightd...pdts/creative work could be.

Sent from my Android™ device.

[roopesh shenoy]

"Unfortunately" -  or Fortunately depending on your point of view! 

Business models are not (and should not) be patentable - you can patent design or innovations. Patents are designed to protect investment spent in research, not to provide unfair advantage to first-movers. 

Thanks.

Best Regards,

Roopesh

[Dhiraj Khot]

You shouldn't be worried about the business model being copied. Worry about creating entry barriers. Execution and Branding is what will differentiate you.  And if you feel that your idea being copied is going to put you out of business, you should re-think about pursuing it. Because if the model is lucrative, be rest assured that it will be copied. 

On Sat, Oct 6, 2012 at 5:27 PM, Mayur Dharukiya <dharuki...@gmail.com> wrote:

[Ranjeet Walunj]

Righto!! 

It is not the idea which is important. It is the EXECUTION which matters the most.

I've ideas like (just few mentioned): 

1) Finding life on other planets

2) Build a rocket from easily available products 

Hope you get the point!

Thanks,

Ranjeet Walunj

[nischala...@gmail.com]

Post this question and see if it can be answered

Sent from BlackBerry® on Airtel

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From: Karthik Naig <karthi...@gmail.com>

Sender: headstar...@googlegroups.com

Date: Wed, 10 Oct 2012 11:35:02 +0530

To: <dharuki...@gmail.com>

ReplyTo: karthi...@gmail.com

Cc: HeadStart Network<headstar...@googlegroups.com>

Subject: Re: [HeadStart] Copyrighting An Idea

[Saravana Perumal]

There was a similar thread earlier few weeks (months) back.  It is not 'just the idea' that makes the winners - it is the 'Execution', 'Team', 'Right time' and then the 'Idea' or 'Business Model'.

 

Ideas cannot be patented unless you can back it up with unique mechanisms (some time by way of drawing).  It is very difficult even in US to enforce hoping one gets patent for an idea.  Having been through few patent applications, it is mostly awarded for unique designs, techniques, or solving a problem.  Unless there is a patent attorney in the group, our opinions may not count that much.  You can/should check with a patent attorney in your area, any way - if you decide to go that way, you have to disclose to them that 'idea of yours'.

 

I would suggest, just get down to the business and start executing - most of the times - you may get the advantage of 'first mover advantage'.

 

Best wishes.

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Thanks,

Saravana - Product Manager

Gotlove.in & Roomie.in

 

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[sharad kapoor]

Hi All,

I also have the same query as raised by Mayur. Please provide us with a solution to ensure that the idea remains ours.

Thanks,

Sharad

PS: Mayur, if you come across any solution to this issue, please let me know as well.

--
Warm Regards

Sharad Kapoor
8505805880
sharad....@gmail.com
sharad...@gmail.com

[Nagaraja B S]

Mr. Sharad / Mayur,

Best way is to keep it yourself.. Business model can be protected through its secrecy.. If you have a product idea, at the end of the day you need to go public

Product design can be protected through Industrial Designs

Product name can e protected through Trademark

Product itself or some components can be patented.. subject to patent-able conditions

“When you xerox a page of something the original doesn’t disappear, and in the same way information isn’t really lost when it’s “stolen”. — Masamune Shirow

Lets be practical ideas might be good... it has to come to public one day or other.. There are two probabilities, your idea stolen can be improved or failed. It is best to be first in the market & take full advantage.. If you are too reserved about your idea, can't do much business... Lets accept we are not in monopoly business... no business can have 100% market share... ofcourse it is bound to have competition..

Regards,

Nagaraj

Corporate & IP Lawyer

www.iplexglobal.in

Mob: 9902007635

[sharad kapoor]

Hi Nagaraj,

Thanks!

I might sound stupid or naive, but, are there any laws/provisions by which we can ensure that that the idea remains our's and no one can copy; some clause?

Sharad

[Nagaraja B S]

Ideas can be protected through the Intellectual Property.. your ideas should fall in Patents.. Otherwise... there is no separate legal clause to protect it..

If you are aware, granted patent can also be improvised...

[sharad kapoor]

Hey,

I'll be grateful if you can share some insights and details about the law.

Thanks,

Sharad

[shailesh joshi]

Mr. Gandhi

As you rightly said the cost varies on case to case basis

Basically two elements are involved

1) Govt. fee 

2) Professional charges

For filing a copyright minimum Govt fee  for a literary work is Rs 50 only ( it may go up incase of copyrighting a  music etc to few hundred rupees)

Copyright is the only Intellectual Property right that is not territorial in nature.I.e you need not apply for a copyright in each and every country to enforce your rights.

Not Many people know that by merely putting (c) mark against your work you can enforce the copyright 

Not the big question is that why do you need to file for it if (c) mark gives you a right immediately . The reason is that you are issued a certificate for your work from Govt. of India.

And This really helps in enforcement of your right

Again a question arises that do you really need a lawyer for this?

the answer is both yes and no

Say if it is a simple literary work you may do it yourself but if the product involves multiple IP's you may need help of a professional

Just like any other profession  in IPR too you may find lawyers charging anywhere from Rs 1000 per hour to Rs 10000 per hour.

In trademarks the govt filing fee is Rs 3500. The process here is a lengthy one.(typically 2-3 years) 

It involves searching of a mark. issuance of examination report, etc etc.

Once a mark is issued one need to pay renewal fee too.

It is thus advisable to consult a professional for this.

Since filing of a trademark is about 1-1.5 hr effort the professional charges wont be much

Patents

In this case the govt fee is different for an individual and legal entity.

The filing fee in case of a legal entity (Pvt limited company ) is Rs 4000 

An individual is offered a rebate of 75% in all govt  fee (in case of patents) so for an individual the filing fee is Rs 1000 only.

Patent drafting drains a lot of energy and effort of a professional.

Depending on the concept multiple sessions with the inventor are required so it shall be difficult to quantify the number of hour required but based on my experience

1) Mechanical patents require less effort if the figures provided by inventor are good

2) Bio-tech and chemical patents are very lengthy as a lot of prior art needs to be explained( I dont deal in that as I have no expertise)

3) Most of the "tech patent disclosures" are not patent-able as per prevailing laws and one has to brain-storm with the inventor to identify patent-able aspects of the invention ( this is time consuming)

Just to elaborate more patent applications are of two kinds 

1) Provisional Application 

2) Complete specification

Typically a provisional patent can be drafted in a day so there is less effort there.

Designs:

The official filing fee is Rs 1000

One needs to have photographs from all angles in order to get it protected.

Since the process of grant is similar to that of patents  I would suggest one consult a lawyer/attorney/agent for this

Trade Dress 

Depends on the trade... level of detail one wants to go.. agreements are drafted accordingly. as per what we have experienced, it takes a lot of debate to structure a trade dress ( that can be done internally within the organisation). Once that is done its easy.

Trade secrets

Needs no explanation.

Hope this helps

I'm marking a copy with headstart for the benefit of other . Hope you dont mind

regards

On Sun, Oct 14, 2012 at 6:36 PM, Raju Gandhi <rajuga...@gmail.com> wrote:

Jai shri Krisna

Very interesting & nicely in the simple words communicated

The fees & the costs are different case to case basis

but if possible please communicate the costs band to just understand

Thanks

Raju Gandhi

On Sun, Oct 14, 2012 at 11:28 AM, shaileysh <shai...@gmail.com> wrote:

See you may protect your intellectual  property as following

1) Copyright - for artistic and literary work ( considered to be as one of the weakest IP rights as one is free to adapt), say a book or a concept around who wants to be a millionaire tv show etc.

2) Trademark - for logos etc to be used in trade or services ( there are different classes of services like manufacturing pharma , furniture , wen services etc)

3) Patent - for a product or a process  but it should be 

a) new(not published anywhere in the world and not used in India) 

b) have an industrial application 

c) have an inventive step ( some incremental value over existing technology/product)

4) Trade secrets ( best way to preserve them is through guarding them) like secret recipe of KFC

5) Trade Dress - A relatively lesser known concept in India . Basically means the way you present yourself to public (the look and feel) like for example all Barista coffee shops have same color furniture , waiter dress code etc.One needs to structure the business and execute enforceable agreements to ensure this is done.

In order to get a protection your business concept should fall under 1, 3 or 5 else the available option for you is option 4 (like coca-cola, KFC do)

Hope this helps

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Thanks

with regards

Raju Gandhi

Sheti Udyog Bhandar, Retail Division

c/o Ph.020-24473615

mobile 09822052586

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Shailesh Joshi
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[Raju Gandhi]

Jai shri Krisna

Good Very Elustrative

Now we can have our own estimate before going ahead or knowing the
rough indication protect us.

We have registered the name,colour scheme & logo but not known any
thing about the procedure & the cost involved
"Sheti Udyog
Bhandar" was registered
But not taken any action & hundreds of shops have came up in
Maharastra.From our ignorance other had derived the benefits.

Now t is too late more than15 years have passed & we
have not protected our registration.

NOT ABLE TO DERIVE MORE FINANSSIAL BENIFITES EVEN NOW CAN NOT HARVEST
BY APPOINTING THE FRANCHISEE.

Trivar abhar for explaing the things in the simple manner with
indicating bthe costs .This will help for the decesion making.

Raju Gandhi
The Pramoter Of The wealth creation concepy of
Sheti Udyog Bhandar Pune
09822052586
rajuga...@gmail.com

Now will forward o

Thank You
Raju Gandhi