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Technology is something that is changing our lives at a rapid pace. The advancement that technology has brought our business and personal life would have never even crossed the minds of people living a couple of generations back. Just think about the identification card. Just a few hundred years ago, an identification card was no more than a piece of paper with something scribbled on it by an authority figure. The need for the card was rare in the first place.
With the expansion of technology, the increase in population and the new age in which we live, a signed piece of paper does not cut the mustard for today's needs. A stronger security system is required for both business and personal transactions. Protecting identities, investments, property and out lives has required a development of a secure way to provide verified personal identification.
Since the days of handwritten identification, much has developed with the identification card. A photograph of the person was added to help maintain an authenticity of the card holder. The identification card became known as the photo id card. This advancement allowed the ability to match a face with a corresponding picture. The picture with custom information about the card holder was one of the first major advances in the identification process.
Many photo id card options just a few short years ago were limited to a piece of paper and photo secured by a laminate which somewhat protected the paper and photo. This advancement made it easy to carry the identification and provided a bit of security as tampering with the card was more difficult. For many years this was the ultimate in photo id.
Identification cards today are made of image grade plastic. The custom information and photos are burnt on to the plastic by use of an ID card printer. Software and cameras are made to specifically integrate together to provide an easy to use printing system.
Many large corporations and governments are now integrating the photo id card with proximity cards that contain micro chips. These cards provide the identification needed while also containing personal information inside that allows door access, debit functions and may contain personal information about the card holder. Of the many functions that a proximity card may take, access is by far the most common. It is important to keep those who intend to do harm out of sensitive areas. The access card is designed to provide this needed security.
Although the access card could be lost or stolen, the majority of corporations have not advanced into biometrics. This type of identification card provides recognition of a card holder by use of fingerprint or eye identification technology. With continued advances in technology the use of biometrics in our everyday world will increase in the next few years.
For more tips and information about photo id card, please check out http://www.squidoo.com/photoidcard. For free ID expert needs analysis, please call safecardid.com at 888-485-4696.
SAMSUNG CHALLENGES CONSTITUTIONALITY OF INDIA'S CUSTOMS REGULATIONS GOVERNING IMPORT OF IP GOODS
Samsung India Electronics Pvt. Ltd, Indian arm of Samsung Electronics Co. Ltd has challenged the constitutionality of India's customs regulations governing the import of IP goods in Delhi High Court by filing a writ petition. Samsung India is aggrieved by action of the Indian customs department that is not clearing its imports of dual-SIM-card mobile phones in view of application for registration of patent rights filed by the patentee in respect of similar technology with custom office. More precisely Samsung India has challenged the custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 read with Circular No. 41/2007 Custom Circular dated 29.10.2007 called Instructions for implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 issued by Central Board of Excise and Customs. Under said provisions any right holder (patentee or licensee) can register his/their patent for a period of 5 years with intellectual property rights cell of Office of Commissioner of customs on filing of an application along with grounds of suspicion, brief disclosure of technology and executing an indemnity bond.
The brief history of the matter is as follows:
March 4, 2002 Patent Application filed in the Chennai Patent Office with 4 claims and 12 drawings being Patent Application no. 161/MAS/2002 titled as “Mobile Phone with multiple number of SIM Cards to receive and/or to send multiple number of signals at a time”
March 03, 2003 PCT application filed in WIPO PCT/IN03/00044
September 12, 2003 International Publication no. WO 03/75543 A2 with 11 claims and 11 drawings, titled as “Mobile phone with multiple number of SIMCards to transreceive multiple number of mobile companies towers at a time”
January 4, 2004 Amended claims filed on WIPO, 11 claims replaced by 19 claims, first time plurality of headphone/earphone jacks or plugs are disclosed.
January 8, 2004 International Search Report was published on WIPO
March 4, 2004 Amended claimed published on WIPO
January 5, 2006 Revised ISR published on WIPO
January 23, 2006 Amended Claims filed before WIPO, claims increased to 17 from 11
April 6, 2006 Amended claims with statement published on WIPO
November 17, 2006 Patent Application was amended, no. of claims was increased to 20, drawings to 13 and title was changed to “Mobile telephone having a plurality of SIMcards allocated to different communication networks”. First time plurality of headphone/ earphone jacks, plurality of headphone/ earphone plugs and plurality of Bluetooth devices were disclosed and claimed.
June 1, 2007 Patent Application published in Indian Patent Journal with 20 claims, titled as “Mobile telephone having a plurality of SIMcards allocated to different communication”
February 11, 2008 Patent Granted being Patent No. 214388
December 08, 2008 Defendant no. 1 filed an e-application no. UTRN0.TINMAA4PR0009 with Officer of Commissioner of customs, intellectual property rights cell at Chennai under under custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 read with Circular No. 41/2007 Custom Circular dated 29.10.2007 called Instructions for implementation of Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 issued by Central Board of Excise and Customs
January 27, 2009 Office of Commissioner of customs, intellectual property rights cell at Chennai communicated vide letter no. F No.SIIB/IPR/1/08-ACC to Defendant no. 1 that his application has been registered and has been allotted UPRNo. A01671NMAA4PR.
The claims that are allowed to Mr. Ram Kumar by Chennai Patent Office are related to mobile instruments having provision for plurality of current or modified sim sockets for accommodating plurality of current or modified sim cards and essentially having plurality of headphone/earphone jacks for accepting plurality of headphone/earphone plugs and/or plurality of Bluetooth devices in order to operate simultaneously so as a plurality of incoming/ outgoing calls can be communicated simultaneously with respective simcards. The above invention is totally different from dual-sim technology as dual sim technology envisage mobile devices with incorporation of plurality of sim cards, and the present patent is step further then that as mobile device disclosed here has a provision for plurality of sim sockets for accommodating plurality of sim cards and having plurality of headphone/earphone jacks for accepting plurality of headphone/earphone plugs and/or plurality of Bluetooth devices to operate simultaneously so that a plurality of incoming/ outgoing calls can be communicated simultaneously with respective simcards.
This is not for the first time that provisions of Indian Laws are challenged by MNC companies, Novartis has in the past tried same. But in the instant matter there is nothing wrong in the Indian Custom regulations, if any fault can be attributed it has to be on Chennai Patent office that has granted a Patent with title that is confusing the custom authority, which being non technical are not clearing the shipments. Though the brief disclosure of technology by Mr. Ram Kumar made to Custom office makes it clear that his invention is different from dual sim or multi sim technology.
As per Rule 7 of the custom notification no. 47/2007 Customs (N.T.) dated 08.05.2007 called Intellectual Property Right (Imported Goods) Enforcement Rules, 2007 if Deputy Commissioner of Customs or Assistant Commissioner of Customs (suo motto or on a notice by patentee) has reasons to believe that imported goods are suspected to be goods infringing IP rights, he has to suspend the clearance of goods. In case of suo motto action Deputy Commissioner of Customs or Assistant Commissioner of Customs must have some prima facie evidence or reasonable grounds. The reasons of suspension have to be immediately issued to importer, right holder (patentee or licensee) or their respective authorised representative by speed post or fax/email. There is provision that if the right holder or his authorised representative does not join the proceedings within 10 working days from date of suspension of clearance (or within further extended period of 10 days in appropriate cases), the case may be decided ex parte on merit and goods could be cleared.
Further in case of suo motto action the right holder has to file an application/ notice and execute indemnity bond etc. within 5 working days from suspension of clearance otherwise the custom office has to release the goods subject to other requirements under custom act.
Therefore Indian Customs regulations provide reasonable opportunity to importers whose goods are not cleared. The stipulated time frame for representation is also just and if any loss or damages are caused to importer because of any such non-action, they could seek damages as custom authorities are indemnified by the right holder. Further, the issue of technology has to be settled by one importer once in respect of a particular patented product and henceforth the decision could be relied by importer as well as custom authorities.
It has been a settled principal of law where alternative remedy is available resort to writ petitions (extra ordinary jurisdiction) should not be taken. Apart from administrative relief from the custom authorities the importers could also take relief under Section 105 of the Indian Patent Act by filing a suit in the court for declaration that there product is not infringing a particular patent.
Further mobile instruments under no circumstances can be said to be perishable goods that will get perish if not cleared within a time frame by custom authorities warranting exercise of extraordinary jurisdiction.
As per the recent information; the Samsung has withdrawn the writ petition and Ramkumar has got a stay again Samsung and many others mobile companies apart from Micromax which has filed a declaration suit under Section 105 of the Indian Patent Act that their instrument does not violate Ramkumar's Patent and has got a stay order from the Gurgaon District Court.
About the Author
Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com. Author is a member of APAA, Delhi Bar Council, Delhi High Court Bar Association and Supreme Court Bar Association.
h1b visa holder need to undergo medical check up for immigration clearance?
No, you will not have to. They are currently working on that due to the TB guy that dodged security coming in to the US. They found while investigating that there are many loopholes they need to correct.
Caldera Closes Financing - Raises $1.2M
Caldera Resources Inc. announced today that it has closed the final tranche of its non-brokered private placement, originally announced on April 12, 2010. A total of 889.61 Units, priced at $1,350 each, were subscribed for by investors, for total gross proceeds of $1,200,973.50.
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