Is 18 Months Necessary For The Publication? This Creates A Grey Area In The Anticipation Itself! And Why The Concept Of Provisional Application Should Be Abolished & Replaced With The Existing Patent Of Addition After Complete Specification!

 

I covered this topic long back. I’m covering this again with a caveat!

Let’s say between the period of provisional and complete, someone else files or use the almost similar invention. Now, issue is, technically, your right to invoke full rights, retrospectively, starts post grant only! Because usually no one knows how many claims would end up getting accepted or struck down, thus, till then, one has to wait! If anywhere it happens the other way around, then, that’s a problem, because, without the grant and on the basis of contingency & unlikeliness, one cannot enjoy the fruits of something which is still abstract and hypothetical!

Can A Public Leader Protect His / Her Personality & Trademarks Rights? This Dilemma I Had The Other Day! Because The Answer Is Not That Simple Comparing To The Cases Of Actors / Actresses / Entertainers!

 

You’re a Public Government figure. Can you protect your Personality Rights as long as you’re serving the government or public? Or, can a politician / leader galvanize the fruits of his name or surname as Trademarks rights? Can, or, should he/she be ‘fully’ protected by the Copyrights or Trademarks Act? If I were the judge, I wouldn’t consider this question in black & white, nor would give protection in absolute! And the reason I’m going to explain herein underneath!

When you’re appointed or elected as the servant of the government or leader of public, then, you lose some of your personality rights, because, you would be discussed, cherished, blamed, criticized, commended, condemned, as long as you’re there on that position. Now, I’m not in favour of mutilating the morality rights of any politician or leader, which has become a trend, especially with the help of Slop AIs. But, if something is done more academically, with intellectual integrity, in a more refined and subtle manner, including a parody; then that part shouldn’t be considered as violation of personality rights!