The Dilemma Of Myriad Licensing Agreements!

 

Disney signed a Licensing Agreement with OpenAI for using its characters. Whilst ByteDance danced on the Cease and Desist notice, and now have pledged to safeguard the IP Rights. At Least ByteDance took a pledge to respect the BERNE; UNLIKE other AI companies & search engines, who were training their modules vide scrapping WEB, and busy putting blame on the USERS only, for generating an infringed output. That’s why in one of my earlier blogs I’ve mentioned that, use these generative AI platforms etc. mostly either for personal use or for the R&D activities, despite of their non-deterministic nature.

The Coding, The Copyrights, The Inventions!

 

I was a Weekend Coder doing it for FUN. It started in 90s with C, then C++, creating for instance, dummy model of Train Ticket Booking System; and before that, HTML, for building websites; then, moving towards the VC++, Core Java, Javascript (for GUI; sometimes using Core JAVA for the GUI which was more tedious to maintain the flow of alignments; whilst sometimes using VB, which was quite easier), J2EE  / J2ME (JSP for WEB based), SQL, some part of Oracle for the backhand DB connectivity; until the APP era came in late 00, and then the Android, IOS, Windows, Blackberry (I presume) exponentially replaced the WEB development. Windows and Blackberry eventually vanished. But I switched on to the Android part basically where in the early 2010, building both the Native and Hybrid APPs on Weekends. if I correctly remember, in one of my APP, I used the GPS feature to draw an image automatically, while you move your cell anywhere. In another one, I used APIs of NASA for Mars Rover related APP. That was interesting! And the most easiest Language I would say would be PYTHON, if I’m not wrong. In the initial era of the coding, you had to define even the margines, alignments, and adjustments. When I was doing that with Core JAVA, C++, or, C, it was even more difficult. But with JS, always easier. And in the era of APP coding (Eclipse), it became quite simple. Then, I also did Coding at Embedded Level, designing the Circuits, or, controlling RASPBERRY PI vide Bluetooth APP that I built in Android, like creating a Prototype of fire extinguisher, NERF shooter etc. controlled vide my APP. This all I was doing on the Weekend for FUN, or while traveling to my workplace in the BUS. I even worked on building Drivers, that were more difficult to CODE than to build any Native or Hybrid APP. This all I did until 2016, then I lost the touch, and stopped doing so. And one thing in Coding is that, if you’re not Coding, for let’s say six months, then you’re as good as a fresh coder. Ask this question to any Coder. Today you’ve AI to CODE, which is more boring I would say.

So, from Breadboard to actual Circuits, from C to Android to cross platforms APPs, I always wondered, where can the inventive features be drawn in all this. Because at the end of the day, you’re using Libraries already defined, APIs been derived etc. At the embedded level, it was justified, as I myself worked on that. But at the basic SW level, let’s say for a web portal related to matrimony or social networking site; where one can find the inventive feature? At one point, when owners of these Social Networking sites came forward and said that, “The ‘LIKE’ Button Is an Invention! Then, I Honestly got Confounded and asked myself, could that be?”

What one thing I’ve found that, Computer Engineering is not an Engineering Subject! Nope! It should’ve been treated as Computer Science from the beginning, not Engineering. Further, if we wanted to add Computer Engineering as the subject of Engineering, then, its curriculum should’ve been amalgamated with:

1.     Embedded Engineering

2.     Electronics Engineering

3.     Computer Science

4.     And if possible, some part of Electrical Engineering    

These four subjects together should’ve been considered as the subject of Computer Engineering, wherein, then the scope of the inventiveness could’ve been more elaborated. That’s why anything Software related was mostly restricted to Copyrights only.

Am I missing something!😊

© Pranav Chaturvedi

Some Suggestions For The Originators’!

 

There are Inventors who ne’er Invented a thing, YET, have Patents in their Names; not as Applicant(s), BUT, as Inventors! Same goes for the Designs, Copyrights, Trademarks! Somehow, investors, innovators, &, representations, are becoming inventors / originators. And this ain’t a thing to be flabbergasted about! This has been happening for centuries; only the methods changed.

The same went for when I solicited for the need of inventorship certificates, even before the Certificate of Inventorship was introduced; but, it needed more upgradations, like, the contribution of each inventor in the said work, which the inventorship certificate should incorporate.

The travesty is, this false hubris is not even ending there. Now, it has been compounded into a saying -> “That My Name Is Enough Than My Work.” DUH! There is only one bad habit of the innovators or investors or representations, that, they introduce themselves in the mainstream as originators, while they not being the one! And from that point, this blog starts.  

So here are my suggestions to the Originators:

Q. The DATA On Servers, Its Governing LAW, The Law Of The Jungle In The World, AND, Erosion Of TRUST Forever!

 

 

As Emily Dickinson Wrote -> Tell All The Truth But Tell It Slant!

So, I’ll give you TWO Examples contrary to each other. Questions are same, Yet, the Results, poles apart!

In 2015, in the APPLE VS. F.B.I. matter, wherein Apple Won the Case to Protect the Privacy of iPhones by Refusing to Comply to the FBI’s demands to Create a Backdoor Key of the Phone that belonged to the San Bernardino Terror Attack Accused! Eventually, Apple also Won the World’s trust. Despite, at the time, when the Mainstream was publishing Snowden’s Columns’ about how everyone’s Data is readable, including personal and private information, and this whole concept of privacy / encryption is sham; the era wherein Assange’s columns’ getting published about the Wars and Love; and further where it was said that China cannot be Trusted; YET, Apple presented the case, and Won, and since then, Exponentially increased its Revenues! Why? Because that time, the sitting Presidente, didn’t declare to the World EXPLICITLY, that -> Henceforth, Only The Law of The Jungle Prevails Everywhere!

Now here Emily’s Poem comes into effect, as, everyone knows what was going on since ‘45, arms were getting twisted; YET, Apple was able to make a strong case, which was Accepted and Welcomed by the World, and its Market share increased, despite companies like Huawei too were making incredible Inventions, but, it was also greatly marketed, that the DATA Servers in China are Riskier, compared to the Servers in US, which was also true!

One Question -> When The International Law Has Already Fallen With The Fall Of Venezuela, Where LEGALLY We Are Heading W.R.T. WIPO, TRIPS Etc. Treaties?

Take this Important Example: My Client begs and borrows money, to pay WIPO’s Fees, and now awaiting for a decision on a good faith, knowing that he / she has  not done anything wrong. But the person against whom my client has filed a Petition, belongs to a Nation, that has Bad Relations with My Client’s Nation; and the Person who has been appointed to decide the Award / Order, clearly takes instructions of that Pugnacious Nation who had / has appointed him / her, as that Nation has an Upper Hand in the Appointment. And eventually, the Award / Order comes against My Client, solely because of the above Reason! Then what is the Legality of WIPO, TRIPS etc., as these Institutions would be the next Target of the Pugnacious Beings!        

Not Everyone likes Fighting! Simple! Honestly, I Hate Guns! I’m not Pugnacious! And I don’t have that much Energy also; but even if I had, I would’ve channelized that for other purposes! So, should my sobriety, humbleness, humility, be considered as Weakness, and thus, I be attacked by those, in whose lives, ANGER works 24/7? This is exactly what happened to the International Law today! Those who can’t Converse -> Wreck! The curse of and for the Vernaculars!

What Should Prevail In The Age Of WWW? Global Prior Use, OR, Territorial Rights! Well That Depends!

 

Can Doctrine of Territoriality be Misused? Albeit should not! But time down the line it has been proven that such misuse of Doctrine of Territoriality always prevailed. And in my previous theories and blogs, I’ve suggested that a new guideline for domain name registrations too are needed, besides amending Article 16 of TRIPS w.r.t Doctrine of Territoriality in case of Trademarks, else, should radical ideas like let the Internet be Split and governed territorially henceforth be implemented? As then, there’s no point of one centralized concept of Internet, the way it is run today! And then, it would justify Doctrine of Territoriality! So, let the traffic then be directed, just alike our Passports used at the Borders for Vetting purposes! “Sire, You’re Travelling Alone? We Need To Vet Your Thoughts! Get A Wife, Get A Life! We Won’t Let You Come Alone Inside, So Steps You Must Abort!”

The Dilemma When Trademark Is Registered As Copyright, But, The Timelines Intersect?

So, when your artistic work is capable of being registered as design, then it cannot be registered as copyright, in case certain design protocols on it have already been applied! And when the artistic work is to be registered as copyright, the work which is also registered or is capable of being registered or used as a trademark, then you would require NOC from the trademark. Herein the dilemma originates, on which I had also written couple of blogs long back. Also, a trademark cannot be registered if it is protected by copyright.

The Dilemma Of TRIAL, And, The Paradoxical Situation Of Silent Version Res-Judicata!

 

Not My Expertise, of Course, YET, a proposal, as I sense a Paradoxical situation herein; and do correct me if I’m wrong! Because long back also, I made a proposal & introduced a Theory, as how the Legal System can be upgraded for quick redressals and decisions, without putting burden on anyone. That Link of my Blog is given in the end.

Tricky Question -> Should Processed Food Companies Be Using Labels Of GI (Geographical Indications) Related Goods & Products?

 

This one would be interesting to contemplate. Let’s say you’re a beverage manufacturing company. Now issue is you’re allowed to use the Washington Apples or Alphonso Mangoes; BUT, the problem comes that, even as a primary ingredient, the composition of those mangoes or apples are sold in diluted form; diluting the significance of GI only. Why?

Should You Be Using Your NAME, OR, SURNAME While Introducing A New Brand In Today’s ERA? My Suggestion -> Please Don’t!

The Promoters/Founders would always want their names to be remembered with the Companies / Brands they founded. Indeed! But that was possible back then in the Conservative Era, wherein only the names mattered! From a boutique Tailor, to Bakery, to a Mechanic etc. all ran on the Goodwill & Reputation Capital of any Surname or Name back then. But today, that runs on the Reputation Capital created by the Name of any Company or Brand!

NOW:

This is true that not all Brands excel! But once they pass a certain litmus test, then their names play an important role for Future M&As; especially in the case, wherein the Company’s Promoters/Founders at some point, have entangled themselves with some serious legal troubles!

Just An Opinion -> If In Late 90s OR Early/Mid 00, You Had Harvested / Scrapped / Mined DATA On The NET, The Way Today’s Few AI OR Web Search Companies Did; Then Honestly, Even A Search Notice Might’ve Been Issued Against You By The Likes Of Interpol, For Doing Such Acts!

 

Every second person is into AI today, diluting the whole context and concept, why and for what, AI was initially invented at the first place! BTW, how many are in Quantum Computing? Or deriving more powerful Chips? Hardly few! Because it’s difficult, and as in it, Free scrapping of DATA isn’t involved!

What was once done at the Retail Store inside, or, at the entrance of any MALL back then; now been executed on/by the APPs or Web Portals! But at least in the Former case, it was restricted to purchase experience(s) only!

Taking few leaves or flowers from a tree, plucking some fruits from it, once in a while, is of course acceptable and allowed! BUT, harvesting the entire tree, its fruits, flowers, and that too -> UNTIL Next Season, is altogether a different story! There was this quote in the mid-00, that DATA would be the New Gold one day! Now, how many governments / organizations would allow -> Open Gold, or, Museum Heists (IF DATA == GOLD)? None! So why in case of DATA alone?

The Isaac Asimov’s “Three Laws Of Robotics”, And The Reasons Why They Eventually Can Be Broken By The Robots, Legally!

 

Asimov’s Three Laws Of Robotics!

1.     A robot may not injure a human being, or, through inaction, allow a human being to come to harm.

2.     A robot must obey the orders given it by human beings except where such orders would conflict with the First Law.

3.     A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

But, the first law itself can be divided further into two separate laws:

1.     A robot may not injure a human being; OR,

2.     Through inaction, allow a human being to come to harm. 

Paradox! And if read with the Second and Third Law, then they give sweeping Powers to the Robots! How?

Now, before moving forward, please understand that why I’ve included the DABUS case herein below, as eventually, a personhood would be legally granted to the Robots, once they are Commissioned in the PUBLIC Services, for taking actions / inactions on behalf of the Governments or Private Sectors. Just alike a Company!  

NOW:

Thanks To The Hon’ble Munich Court For Upholding The Fact That AI Companies Training Their Modules SANS Permission Is An Act Of Infringement!

 

The AI companies’ submissions that only USER is responsible for the infringement, as the USER entered a specific PROMPT, can be held a VALID argument, ONLY in case when the USER starts using that generated TEXT or IMAGES for Commercial purposes, and Not for personal or R&D activities or related to similar things which genuinely constitutes fair use or fair dealings. Of course, it is also possible that the USER deliberately enters such PROMPTs that any company’s watermark or logo is printed in the OUTPUT text or images. In such cases only, I solicited that the AI companies should disclose at least under confidentiality, what DATA and DATASET it used to train their AI modules, at least to the Hon’ble courts.

I Honestly Humbly Silently Remotely Passively & In Remorse -> Slightly Disagree With Observations Made In GETTY IMAGES VS STABILITY AI Case!

 

Take this example & please do correct me if I‘m (mis)interpreting anything wrongly. And before that, please know that I Support OPEN Source, But NOT the Quote -> Open For Thee Not For Me!

Let’s say there’s Subject ABC who steals Raw Materials from WALMART and later builds a new product from it! WALMART files a Complaint about the robbery. Now, Subject ABC contends that, it didn’t STORE any of the Raw materials herein at his place, as it was all bought from beyond the borders; and rather, only used the mediums to Create a New One; thus, the charge of robbery cannot be maintained. Let us say, some part of those raw materials are also perceivable in the newly created End Work, YET, now those have been transcribed into a new product considering it as a whole product, and further, rather not been Stored, and thus the case of stealing/robbery never arise. How far you would support this argument given by Subject ABC, because firstly, there’s no storage of the raw materials, and as the materials which were brought from beyond the border have been converted from one form or another! In any Museum Heist, would you first check where it was stored or taken from, or, just cease those stolen goods?   

The Dilemma Of Ex-Parte Orders?

 

So far, I’ve given extensive in-depth knowledge on IP, International IP Prosecutions, all at one place on my blogs, so much so that whether you’re a Startup, or, maybe an Experienced Professional looking forward to discover some Extensive Dilemmas in the IPs & International Prosecutions; then Nowhere Else in the World you will discover this kind of exposure, EXCEPT, Right Here on My Blogs, but, only if you have desire to read and not to watch. Now moving forward, the most important aspect in the IP is/are the -> Ex-Parte Order(s) (especially Ad-Interim / Perpetual) that the Plaintiffs get, and that too in just one hearing, without even notifying the Other Side who is Easily Reachable. How far this practice can be justified or not, such Dilemmas, I would be sharing in this Present Blog herein underneath.

How Article 33 Should Be Read! My Dilemma!

 

How Article 33(1) be read with Article 33(2) & (3), I’ll elucidate in the herein underneath paragraphs, as it has been wrongly read Globally.  

If any claim passes the litmus test of Article 33(1) sans hiccups, then it ought to have passed the litmus test of Article 33(2) & (3). But I’ve no idea why Article 33 (1) and its subsections (2), (3) are being intertwined WRONGLY! As the third part mentions about the obviousness to check inventive step; the second part mentions about the prior arts; and the first deals with the novelty + industrially applicability + inventive step; which according to me is a paradoxical contention. I’ll explain how!

Can The Laundering Of Domain Names Under The Ambit Of Ownership Ever Overrides The Rights Conferred To Act Against Cybersquatting?

 

The dilemma of the Domain Name Registrars is, they are contending for the Domain Name Ownership Rights, by bypassing the Rights conferred both by the WIPO and TRIPS regarding TMs to act against Cybersquatting/Typosquatting.

Let’s say in the 00s, I started hoarding the domain names, anticipating that a day, I would be able to sell it under the analogy of Future Options. These are not Specific Conceived Original domain names, but, are mere Dictionary words. Imagine, I bought in the 90s or 00, almost close to nothing these domain names. And then, eventually, when I saw, that the domain name empire thrived, I quoted the capriciously price to transfer, or, to sell them. But here is the conundrum-> That so far, I haven’t used these domain names, nor created any brand’s goodwill associated to any of these domain names. They just parked, lying unused, and I’ve collected these as Stamps.

Personality Rights, But Why Only For the Known, & Not For All?

 

Take this example, and we must take some inspiration from this law. Denmark has recently given Personality Rights to all of its Citizens in the age of Deepfakes! This is a welcome step wherein in few of my previous blogs, I called many top AI Companies in the World as alike somalian pirates! As the former looted on the Internet, whereas, the latter loot in the sea? The difference is: the former made/made Trillions of Dollars, whereas, the latter make far less!

An Act Of Treating Domain Names By Any Investor As Futures, Ought To Have Been Considered As An Act Of Hoarding!

 

My one question to Both ICANN & WIPO! What is the point of Typosquatting OR Cybersquatting, when the hoarding of the domain names, which are no more than being parked alone unused, even for a decade, yet, registrant holding the rights to own the same? Of-course, I was the only person who in my previous blog proposed a theory that, let the trademarks be also considered from the lens of copyrights. BUT, as long as that’s not the case, the act of hoarding of the domain names should be considered, if not illegal, but atleast, hoarding, and shouldn’t be allowed!

The Reason Why Discovery Is The Foundation Of An Invention!

 

There’s this myth of inventions being novel! Inventions wouldn’t happen unless discovered first. Examples: All the medicines today were first discovered in the Plants, Tress, Roots, and then, their steroidal compounds were extracted in the Labs, synthesized, and marketed via innovations! There’s nothing in the World called a Novel Invention. That’s why more than decade back, I coined the definition of Invention as -> Discovery++, i.e., one step ahead of Discovery. So first something is discovered, and then, derived and invented!

How Domain Names AND Trademarks Are Being Juxtaposed -> WRONGLY!

 

One is territorial, and another is universal; yet, when it comes to the UDRP, the effect of Cybersquatting is treated as a universal phenomenon even in the case of the cctld domains, and let’s say for the gtld’s too; knowing the trademarks themselves are territorial. Thus, the juxtaposition complexity and dilemmas!

The Awards can be clerically corrected or amended, not fundamentally. Herein my Theory came into picture where I discussed in my earlier blogs the problems in case of the PCT FERs and the Trademarks’ objections! Therein too at the procedural level, you can’t have two contradictory terms, wherein I opined how ICANN & WIPO could be wrong on their parts in the policies and regulations.

The Dilemma Of Prima Facie!

 

Patents ain’t Prima Facie! Trademarks, Copyrights, G.I., Designs Are! Domain Names? Explicitly Nope! Implicitly Yes (because of different cctlds and gtlds, and without even its registration, where the context of domain names even arose?).

The only thing what prima facie grants you is the exclusive Infringement Provision in the latter four cases to the rights holder. And in my earlier blogs, I opined that why structure of the Patents as per TRIPS, PCT, is a bit Flawed. Read that blog! Because, if you’ve something territorial, then it should also be applicable to what’s included in the FERs/SERs.

Why I Always Contended To Equate Geographical Indications Similar To That Of Copyrights (Minus Timelines Of Rights Bestowed & Requirement For Registration)!

 

Because, alike in BERNE for Copyrights; and as Article 22 of TRIPS also provides G.I. protection to the member nations of the Agreement, but now, delete the expiry timelines, as one is perpetual, whilst the other not; and albeit one can seek protection of G.I. even in other nations, alas, needs to be registered therein with the address of service. But, as per my theory, this part should be removed and circumvented aka the provisions of filing of the application in other countries wherein the address of service is needed; as this requirement I was always opposed to, which dilutes the provisions of the G.I. definition itself, making it equivalent to the simple Trademarks (note: a trademark cannot be registered if it represents a geographical indication). Rather, I wanted it to become equivalent to like BERNE’s Copyright! Universally applicable, BUT further, not making its registration prima facie evidence of validity, rather, making its registration Mandatory, wherein it is manufactured, produced, originated from.

The Convergence Of Biodiversity AND Patents! And My Dilemma Hiding Behind Hyperion Tree!

Two Facts! The Biodiversity approval can be standalone, or, can float in parallel to the Patent. Correct? Whilst the Patent approval can’t work in separate (if in case biological resource is involved), and until and unless, the approval from the Biodiversity Authority is further obtained. Correct?  Thus, the two converge, when filing of any Patent is initiated and then, the approval of the Biodiversity is required to be obtained, but, never the other way around, as the latter is independent to that. Correct? But here my dilemma ripens.

The Reason Why Certificate Of Inventorship Doesn’t Serve ONE Specific Purpose!

 

In one of my earlier blogs (Link: https://www.jpranavc.in/2024/06/certificate-of-inventorship-needs.html ) and before the certificate of inventorship was introduced, and even before that, I wrote another blog, the need of such prospective certificates’, the embedded link of which is included in the above blog only, are indispensable. But in that blog, I cited that the purpose of the Certificate of Inventorship shouldn’t only be restricted to issuance of the Certificate naming the inventors; the names again, could also be accessed vide Declaration of Inventorship. The real question in any invention is -> exactly what any inventor mentioned in Declaration of Inventorship executed or contributed in that particular invention. And this is important. Why? The reason as given below:

The Copyright Societies BUT Who’s Who? And The Dilemmas Even Skeletor & Orko Would Be Contemplating Today!

 

Whilst the thumb rule is: 1 Society == 1 Domain! For example, for sound recording, one! For performance, one! Yet, the provision of acting as an Agent without being a registered copyright society under the ambit of Assignee / Licensee to further license under the ambit of non-exclusivity is also a fact! Yet, furthermore, making it mandatory for the Sound Recordings and Cinematographic Parts be only licensed via Societies; thus, the question ensues, who’s who and who is truly eligible to do what? Who can decide the tariffs when it is also arbitrarily been done? Maybe, we are walking in the Circles! The agent can challenge the Society, the Society can challenge back the authenticity of former’s Non-Registration! Yet, both are Correct in their counterarguments, but also lost in the interpretations! Furthermore, in the case of organizing Events, what should be applied -> Respondeat Superior, OR, Ignorantia Juris Non Excusat, OR, Caveat Emptor?

Please Don’t Juxtapose Piracy Over Copyright Infringement By Making Latter A Cognizable Offense!

 

We are unnecessarily confusing Copyright Infringement with Piracy, by making the former equivalent to a cognizable offense, which to me, would not only kill creativity, that in any case was already absent, but, would further stretch doing the things which could’ve already been resolved vide civil injunctions, penalties, or by removing/withdrawing of the infringed content.

I’ve always written in my blogs that don’t pull the thread of the kite so hard that either it doesn’t fly, or, the thread is only severed. Let the kite be loosely held, and yes, be held! Don’t severe it! Don’t pull it! And at the same time, ne’er let that thread also go away from your hands.

Should Oppositions in T.M.s Be Replaced With Likes Of S.19 Everywhere? And My Dilemma That’s Still Trying To Build Like Bob The Builder!

 

This is another of mine proposed Theory, just alike others (of course all Protected)!

So, here’s the new theory goes! You’ve this provision in every IP Office, in case of Trademarks, the Registrar bearing the power to recall its decision of acceptance i.e. withdrawing the acceptance of any trademark before the registration itself! Correct?

There’s Still A Glitch In the Domain Names Implementation!

 

Shouldn’t the cctld be restricted for country specific ‘residents’ only everywhere, like in the cases of .us, .eu, .jp, .fr etc. usually? As many of the other cctld’s are not covered with the same security features & measures! And the reason is -> why would someone else would need another country’s cctld, while operating from somewhere else? Of course, I know the contention is that what about MNCs who’ve global presence, then, their rights in TMs would become obsolete or been jeopardized! NOPE! The said provision is already present as one has to provide the address of service first or the reason before registering them!

What Should Be The Role Of ICANN In Terms Of Paid Privacy Features? And The Dilemma That Recently Met With -> Kaiju Eel!

 

Shouldn’t the paid privacy feature be the prerogative of the ICANN only, and not of the Registrars’? Would it be correct for the Registrars asking the Registrants the Privacy Fees for the Domain Name Privacy Protection Features? In the 90s, the domain names were free, and it was understandable, as Not many had the access of the Internet, and not many were using Custom Domains, and not many Domain names were generated; and as the options on the table were many! And this is also true that the Concept of privacy didn’t come until late, maybe after the DMCA act, for the protection of the online data of the Individuals (which thanks to the likes of AI Companies  today, who butchered Berne & DMCA), and then, the part of the Cybersquatting cases rose, in terms for the protection of the Trademarks it was needed. But herein the dilemmas crossed the paths with Kaiju Eel!

Issue With Any Trademark Accepted With A Disclaimer! And My Dilemma Riding On-> Thomas The Train!

 

Restricting to any Demography is understandable in the Disclaimer Clause! BUT, I never understood, especially, when any trademark is considered as whole, why then restricted disclaimer clause is attributed for certain words in it, especially in the Device Mark itself? This creates an issue later, even at the time of adjudging the opposition or rectification. For the reason, that, now one is allowed to use the Mark with the Disclaimer; YET, one is not allowed to have the exclusive user rights over it, even as a whole! You can’t oppose or rectify it, YET, you can oppose or rectify it!

Why Any Web Portal Copyrights’ MUST Contain the Source Code With It! And My Dilemma Resting On The Kryton Planet!

 

You can’t Copyright a Domain name. As well as you can’t Copyright any Title alone! Period! Usually, for them, one opts for Trademarks, or the earlier existence of such itself, makes a stronger case!

And when it comes to the Websites, it is a well-known fact that one needs to dismantle every element of it, and then, that individual elements can be copyrighted. But, now my dilemma awakens from hibernation!

Look:

The Paintings, Copyrights, & Resale U/S 53A! And The Dilemma Hiding Behind Narnia’s Wardrobe!

 

Problem with Section 53A is-> is it fulfilling the purpose, for which it was even introduced?

Take this example! If you’re a Collector of expensive and valuable watches, and if in case you want to resell it, would you be asked to pay upto 10% percent value of those watches, to the Companies, let’s say to Omega? Nope! That’s not the case! Because you’re the Owner, albeit NOT the Copyright Holder, subject to Contract, if any executed!

Why Object Code Copyright Doesn’t Make Any Sense! Even Under Rule Of Doubt! My Recently Excavated Dilemma From Below Seabed!

 

What is incomprehensible, should it be considered as Copyrightable? Nope! Until one can run the same on any Medium to make it Comprehensible to make sure it isn’t incomprehensible! Correct? But if that is done, then the whole context & concept of Rule Of Doubt disappears! Correct? So, what is the point of Rule of Doubt only? It is either AYE AYE SIRE, OR, GOODBYE SIRE in Copyrights! Shouldn’t it be like that way only? In IP, nothing is accepted on the basis of contingency! In IP, nothing is accepted in abstract nor in the idea form. Then until the object code itself is not reversed to its source code form, what’s the point of having the object code only, and that too further with the Rule of Doubt contingency? It’s like registering gibberish, without knowing what is there inside, and the person owning the same enjoying the rights, to the extent when anyone discovers it was mere gibberish! This dilemma of mine just got excavated!

The Customs, &, My Dilemma Climbing the K2 Peak!

 

This is just my personal opinion!

Let the entire Trademark database be connected to the Customs Database. So instead of individual registrations for the generation of Specific Registration numbers, let the custom’s intelligence portal be prompted with the similar IP at the time of any trade or transaction, and then, an automatic suspension of goods would be issued, giving either or both the parties (means one who is the true owner, and the one whose goods being put on hold), a chance to reply within the period of 48 hours, if in case either of the party wants to carry forward such an action. But there’re three main issues that would be huge problem:

1.     Who would indemnify initially to the officials?

2.     Who would bear the cost for this entire process initially?

3.     Who would pay for the holding & disposal?

The Hon’ble Courts / Tribunals Should Introduce Page Limitations In Drafts + Exhibits Filed!

 

If anyone thinks that: verbose == intelligence; then that’s the most wrong interpretation in the modern times!

It has become a trend that the more number of pages added, then the more it would look smarter, credible, reliable, and, intelligent; which is absolutely Not the case.

The Biological Diversity Saga, & My Another Dilemma Hiding In The Labyrinth!

 

Whether you file for the IP or not, the whole context and concept of the biological diversity should be to make sure that before the biological material is used by anyone, the approval should be present beforehand. But this part is missing, and I’ll prove that in the herein below points.

Rule 26(2) of The PCT Regulations VS Security Protocol! My Massive Dilemma Recently Unfolded In The Labyrinth!

 

I know no one raised this issue earlier, as I raised some time back, but didn’t find any answer, nor received a direct email response when I shared the same concern.

Rule 26(2) of the PCT Regulations clearly mentions that minimum of Two Months period would be given for any Applicant to correct the defects, if been issued under the ambit of Rule 26(1) of the PCT Regulations. But what is my concern?

The Raga Of DAGAR Brothers VS Rahman Copyright Infringement Case!

 

AHA! I wrote earlier about the difference between what constitutes public domain works, and the works in public domain which are protected by the Copyrights. When these LLM training companies started misleading the public in general that the works they are using are being considered under the ambit of public domain works, I vehemently opposed this concept in my earlier blogs, and wrote and distinguished further the difference between public domain, and, the works available in the public domain; as after all, copyrighted works are also available in the public domain too, which many of the companies wanted to prove as public domain works. Notice the difference! 

The Copyright & The Ghibli Art

 

There’s a grey area that I have been discussing in the field of Copyrights for long in my blogs, when it comes to the style, vibes, themes and the idea as well! Technically, can styles or vibes be copyrighted, as one must have read the case of an influencer who filed an infringement petition on the grounds of some other influencer copying her vibes (aka aesthetics too minus performance rights). This I discussed in one of my previous blogs. As such case is not maintainable, for the reasons I discussed therein.

The Grey Area B/W Provisional Priority VS Anticipation!

 

Dear Diary,

I’ve no idea whether this part was looked by someone else, but, the other day, I had this dilemma, as, can the concept of Self-Anticipation, which is similar to the concept of Self-Plagiarism, be also applicable w.r.t. to the Provisional Filing Priority? But how am I going to prove that?

The Future Of WIPO In A Post DE-Globalized World!

 

I’m wondering, as in the First wave de-globalization has been triggered, what would be the status of WIPO, i.e. Hague, UDRP (Other Domain Name Redressal Arbitration Boards), Madrid, PCT; and if in case the First Wave is successful, policies/rules of WIPO would hardly be followed then; again, if in case the First Wave becomes successful, and most probably, it would indeed become. Firstly, the Fee part would have substantial implications, especially in case of PCT; wherein, the option of 90% reduction for the NPs won’t be accepted by others. But the biggest issue is, what is the guarantee that WIPO commandments post DE-Globalization would be accepted by all? I presume, China would revolt, and why not, the most affected are the South Asian and South East Asian nations, and some part of the EU, UK! And if WIPO becomes another WHO, then who is going to do the Quality work in the less money? And let me tell you one thing! Not everyone can understand or follow or apply WIPO’s policies and rules; forget about the quality part of the service! It is complicated! And cannot be practically implemented by everyone! The currency conversion issue would again raise many more concerns henceforth.

So, what would become the modus operandi of future? Is it the Conventional style protection for the IP rights, i.e. within 6 Months / 12 Months, for designs, patents, trademarks, from the country of origin?

The more surprising part is, the World accepted such fragile economic structures, and were sailing on the goodwill of mere one or two nations! How?

Let’s come down to the IP part. I feel FOUR things would happen, if in case WIPO ends up just alike WHO:

The Dichotomy Of S. 3(d) && S. 3(e), AND, My Dilemma Awaiting For The Train To Rescue!

 

Dear Diary,

It’s now decade and a half, and my dilemmas w.r.t. the dichotomy of Section (d) and (e) has still not been resolved! As in my immediate previous blog, I explained the universal dilemmas w.r.t. Section 3(k) involved when it comes to Algorithms and Software Programs, and I shared some of  my previous blogs too published in 2012 and 2014; similarly, I had this dilemma w.r.t. the word composition as well, and that further included the MARKUSH analysis, its structures, compounds, that’s been claimed novel, which further defines a common core principle, yet been diversified with several different substitutes over it! Not only that, when it comes to Chemical or Pharmaceuticals related compositions, I’m a bit skeptical, of the definitions included under S. 3(e) and 3(d), especially, for the word compositions of known compounds! As explained in my previous blogs too, to overcome them, three words are required: 

The CRI Guidelines, Section 3(k), Software Non-Patentability, AND, My Dilemma Hiding In The Labyrinth!

 

You may be a supporter of OSS, Open Platforms, Trade Secrets, Licenses, or Patents; perspectives differ. When it comes to Algorithms, this is true that they should’ve been covered everywhere under the ambit of Copyrights only, and never under Patents, as Algorithms are after all LITERARY STEPS or Methods written in literary wordings with no technical advancement ‘per se’, but merely an instruction to perform a technical action, which in its original format directly cannot be industrially implemented. I’ve no idea why some contend(ed) to include it under the ambit of Patents. And when the Algorithms are being converted into Coding and implemented as Software, then too, Algorithms, should be covered under Copyrights only, for the reason that once they being coded, their characteristics, language, and way of implementation, format changes. So, when something absolutely gets transmuted from one form or another, then it cannot be considered as original (again, ‘per se’). BUT, there’s massive issue in including Algorithms under the ambit of Copyrights as well. Do you think, an N-Bit encryption, should’ve the term of LIFE + 60 YEARS, further, in the absence of Compulsory License/March In Rights, as stated under the ambit of Patents, for instance S. 84.

Looking Trademarks & Domain Names Once, From The Perspective Of Copyrights!

 

This I’ve discussed, in few of my previous blogs, wherein if the concept and requirement of Compulsory License is unneeded; then what is the point of both having the period of expiry (albeit putting in the suspension mode is much better in case of failure to renewal sine-die, rather, putting it out in open) both in case of trademarks, as well as, in case of domain names; because again, what’s been done herein, let’s say if and when the period of Copyright expires, what if it gets registered in someone else’s name, then would that be justified? NOPE! Example, if the rights of Homer, or, Sarojini Naidu in copyright expired, but now gets registered in the name of someone else! Justified?

Looking Patents Once, From The Lens Of Trademarks!

 

This is one of my dilemmas of dilemmas’ in the labyrinth of regulations.

Now, you would ask this question to me, that how come I can jumble up these terms and definitions Patents & Trademarks? But again, I’ve captioned in the subject line that, looking only once the Patents from the lens of Trademarks, and not beyond. And what does this mean?

Tale this example. Your trademarks are accepted on the grounds if you’re able to obviate the objections cited in the examination reports. Sometimes there’re similar cited marks, which you need to obviate, and sometimes objections like Section 9, in which case, occasionally, no similar marks are cited. Yet, even under the stringent provisions like Section 9, there’s a sub provision which states: provided that the trademark shall not be refused if it has acquired a distinctive character as a result of use. Remember the term use.

A.I. Hallucination, AND, Submission Of Case Precedence!

 

There’re few incidents wherein A.I. hallucinations resulted in the action against those in the legal sector who submitted wrong case precedence that never even existed. The onus was put on AI stating that it is the AI that hallucinated by the ones who quoted the case precedent, albeit latter were being penalized due to the Natural Person clause.