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:
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!
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!
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?
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.
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.
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?
