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…
Q. The DATA On Servers, Its Governing LAW, The Law Of The Jungle, 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…
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…
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…
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…
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…
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.…
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…
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…
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! But, the first law itself can be divided further into two separate laws: 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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 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…
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.…
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? Now,…
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…
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…
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.…
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,…
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…
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…
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…
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. This has been happening in the literature world itself,…
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. My dilemma herein is,…
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,…
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…
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 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? Take this example:…
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,…
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…
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…
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…
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…
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…
My Dilemma, Change In Name Of Trademarks, As Subsequent Proprietor/Owner!
What defines transmission, assignment, transfer, or change in name per se; should that matter at the time of recordal of the subsequent name, when the entire due process had already been followed, of course, except in the case of when consent or approval is supposed to be taken for the recordal of transmission, assignment, transfer;…
The Specific Gap Between Madrid Filing + The Amendments!
Forget for a moment about five years’ time period wherein if changes made at the office of origin would also affect the international registration. My concern is different. The problem comes where, let’s say, amendments are filed at the office of origin, and then, in a short span of time, a new Madrid Application is…
My Dilemma: Why Need NEW AI Acts When Already Have IP/IT Acts?
When the new EU AI Act came, and when I hear from Politicians to Bureaucrats speaking about the necessity for the new AI Acts and Rules; are they referring to mere self-regulating AI guidelines, or, explicitly asking for new AI Acts, my dilemma gets lost in the labyrinth of sub- dilemmas, as, do you require…
A Matter Of Concern That Must Be Discussed……!
Q.1. If the cost of DeepSeek is mere under $10M, then for what Big AI Companies were seeking, investing, justifying, Billions of Dollars in the name of AI, and then to be used, where? Q.2. It is also in the open (no matter what percentage of it is true), that the AI Giants used the…
Lodha VS Lodha: The Trademark SAGA
Please read my earlier blogs first regarding when it comes to names and surnames, who qualifies for the ownership on that trademark. The links are as given below: https://www.jpranavc.in/2023/11/the-trade-mark-case-involving-trump-too.html AND https://www.jpranavc.in/2021/10/rights-on-name-surname.html Now, the recent case between Lodha VS Lodha ain’t different, with the exception that, now, same family members are involved. And if someone remembers,…
When Democracy Became Algocracy!
The ‘democracy’ was already replaced by ‘algocracy’ with the spread of plague of social media platforms! So, sometime back, and when I was on twitter (now deleted), this is what I wrote to Twitter’s Jack’al: and even before that, kept writing about the authentication of the accounts on the internet, even VIA domain name registration…
The Definition Of Data Principal……!
This is in continuation of my previous blog the link of which as follows, but, kindly read my herein below blog first -> Link: https://www.jpranavc.in/2025/01/why-data-principal-was-even-defined-in.html Just read the definition of Data Principal in the DPDP Act, 2023, against which the Rules have been issued in 2024. My only problem is with the definition of Data…
Why DATA Principal Was Even Defined In DPDP? My Dilemma!
I’m sure after reading this blog, you would think, I’m raising unwarranted, unwanted, out of the context, issues & definitions. But I’m writing this blog for the reason, I came across to few platforms, where, the definition of the Data Principal has been expanded to include the ‘person’ as well, as I’ll explain in the…
Opinion: Resolving IP Infringement Cases Without Putting Burden On COURTS, OR, POCKETS!
Let us accept a fact. Seeking remedy in law is expensive, alike hospitals. And sometimes, you don’t want any solution because, either it would take years, or, you basically can’t afford it. It is like seeking a treatment. If you can afford, you would approach any Private Hospital. If you can’t, you won’t, and accept…
Should There Be Any Limitation Timeline For Copyright Infringement?
Let’s separate trademarks, designs, G.I., Patents, and Domain Name Disputes for a moment first, when it come to the infringement proceedings, from the Copyrights (especially in case of sound recordings, musical notes, and cinematography). For the reason that, what is neither compulsory for any industrial applicability, nor for any USER to be proven, nor for…
Mulheres VS Million Years Ago Plagiarism Saga, BERNE’s Resurrection, IP, Timeline Dilemmas!(Edited)
I saw the side-by-side comparison of the song Mulheres VS Million Years Ago. It seems, the latter is replica of the former. Watch the comparison by yourself, the musical notes and the rhythm: https://www.youtube.com/watch?v=yjszPUsjWbA&embeds_referring_euri=https%3A%2F%2Fwww.reuters.com%2F The important question: acquiescence, laches, delay, condonation, waiver! Albeit, generally, acquiescence period usually for trademark is 5 Years; limitation period…
Opinion: IP, Outer Space, AND Why WIPO’s Madrid/PCT Can Ne’er Work!?
There are contradictory terms w.r.t. Outer Space Treaty, TRIPS, and the jurisdiction involving where IP Rights can be covered; within or beyond Karman Line! Albeit examples are present, like T. 35 U.S.C. S. 105 mentions that, any invention made used sold in outer space object under jurisdiction and control of US shall be considered to…
Dilemma: What About INNER Space Treaty On Intelligent Species Another W.R.T. IP Rights?
What if Man’s entry into Discovering of Space vide signing Outer Space Treaties + Different Agreements whether on Moon, No Nuke Tests in Outer Space/Under Water, Space Communication, Space Objects Registration etc.; could also leads to the Man’s entry into Inventing of the Species Another herein, right in this World only? And then, under what…
Copyrighting VIBES?
This blog is restricted to Words -> ‘Copyrighting VIBES.’ No more! No less! What exactly is a VIBE? In Personal context, an Emotional State! An experience of something being exuded by any other Person. In the Material context, maybe Surroundings, let’s say specifically, a decorated room, that gives a feel! But what if in both…
Transshipment, In-Transit, Customs, IPR, Dilemmas!
Take this example. Suppose, Subject A sends goods (let’s presume generic pharma products) to Subject C. But Subject A can transport its goods VIA Subject B (transshipment/in-transit/en-route) only. But Subject B confiscate the goods sent buy Subject A on the complaint filed by the local companies under the jurisdiction of Subject B, on the grounds…
The Trademark Infringement Case B/W Indigo AND Mahindra
As if my proposed (hypothetical) case scenario came true! If you read one of my earlier blog (Link: https://www.jpranavc.in/2024/11/maybe-theres-no-necessity-for-concept.html), wherein, I drew a comparison what if a day comes when X7 from BMW X7 being taken away by anyone, and as trademarks shall be considered as whole under Section 17, wherein the Classes of goods…
Why Patent of Addition Is ‘Un’required!
Take this example. On a more elaborative context, aren’t improvements or modifications made on the main invention itself eligible for new invention? We aren’t taking an analogy per se of associated nor of the setories marks, but, the term being same as of the main invention, and, been filed at the time or after the…
The Customs, The IP, The Dilemmas!
Can infringement action w.r.t. entire IP be taken at Customs office only? Answer is both Yes & No! In case of Copyrights, S. 53 is restricted to the Importation of infringing copies of goods. In case of Trademarks, S. 29(6)(c) cites infringement, when import/export are involved. Patents, as in the amendments of the IPR Enforcement…
Can DATA Be Processed Ethically?
Who decides what is the price of the DATA itself? Emily Dickenson poetries didn’t sell in her lifetime, and there are several other Authors & Painters who became famous posthumously, including Vincent Van Gogh, whose works were understood only by the later generations to come; so, by harvesting the DATA available in the public free…
Seems The Words ‘Public Domain’ AND ‘Public’ Confused Everyone W.R.T. Copyrights!
First understand the meaning of Publication: What is publication? By making the work available to the public via issuing of copies, communicating to the public, could be physical distribution / lending, in electronic form, transmission, broadcasting, or vide any other medium. If you publish without license, then this is NOT considered as publication. For Copyrights,…
Make Ghostwriting ILLEGAL Across World!
In one of my previous blogs, I proposed that the Certificate of Inventorship is NOT enough! Not only that certificate should include the details of the contribution made by every Inventor, but the same procedure be applied for whilst filling the Declaration of Inventorship. Of course, and it is absolutely acceptable and correct when the…
Data Collection + Data Reproduction == Copyright Infringement!
This is utterly amusing that, some of the AI companies, are now issuing such bizarre statements, that the Data which is available in the Public domain, is presumed to be open for everyone, and in one case, even one of the billionaire founder made a statement that when, if in any case your Data is…
Maybe There’s No Necessity For The Concept Of Trademark As A WHOLE!
Take this hypothetical example first. Let us consider BMW X7 as a DEVICE Mark. Now as BMW is well-known, no one would imitate it. But presume, someone starts using X7 for their products or services falling either in same or different classes. Could that be considered as an infringement/passing off? Let us say, the individual…
The Case Involving Ukraine’s Trademark On Russia
In one of my previous blog, before even the Hon’ble S.C. of U.S. judgement, I wrote that the Applicant who filed for Trademark viz. ‘Trump Too Small’, WON’T win, and that too, a year back! This was ratified months later. Here’s the link given below: https://www.jpranavc.in/2023/11/the-trade-mark-case-involving-trump-too.html Now, the EU Court has correctly denounced Ukraine the…
Can NATURE Be Granted Personhood?
In 2017, Whanganui River was granted the personhood in New Zealand. That means, a River with a legal person status. If you remember Naruto Monkey’s case involving a Selfie, when PETA wanted animals to become Copyright holders too, i.e., bestowing them legal entity status under the IP Act. Albeit, the courts disagreed, as a monkey…
AI VS Judiciary VS Reasoning
If the Judiciary can use the AI for its services, be it at the intermediary stage maybe, then how come Courts can question about the AI’s ‘Reasoning’ part itself, when defining the definition of the Natural Person? Even under the Law, once a person stops applying the reasoning, then in the decision-making process, for example,…
What Is Useful, May Not Be……
This is true that what is useful, may not necessarily be an invention. Rather, most of the invented products are not even useful. A company would show their portfolio of Intellectual Property, in which, they’ve piled up patented products, trademarks that are meant to be Proposed to be Used only. Yet, most of that stock…
When IPRP == IPER, OR, Should It Be?
The lucid the law, lucid its implementation. And minimal the terms, the better the understandings. In the end, if the Demand is not filed, then ISA/WO becomes IPRP published before the regional entry. And if the Demand is filed, then the IPRP becomes IPER == IPRP –> II, aka Chapter II, issued by the IPEA.…
This Is Amusing……
This is amusing! I read this article (Philosopher finds glitch in worldwide patent laws). But, if you go through my blogs on my blog portal, then not only I’ve found flaws in the Worldwide Patent Laws, but also in the Madrid Procedures, BERNE Convention, w.r.t. Examination Reports issued under the ISA (IPRP, SISA, ISR, or…
NOBEL VS AI
In my previous blogs, I discussed the cusp where AI can, or, ought to have been considered as an Inventor, if not an Applicant, or atleast a Joint Applicant or one of the inventor signing the declaration of inventorship. Further, I discussed and tried to distinguish w.r.t. computer generated literary works, that in those circumstances,…
The Specifications and ITS Many Dilemmas
In one my previous blogs I discussed that, even in u/s 10(4)(c) and 10(5) or u/r 13 of Patents, it’s not precisely mentioned how the structure of the Claims should be defined, except the non-mandatory guidelines of WIPO that’s been followed. And if further you read Article 6 of the PCT, it defines that Claims…
The Dilemma of S. 2(d)(vi) in the Copyright
What it says; says every section and article around World that defines an Author, when it comes to the computer generated related work: ‘…..in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created…..’ Now, I’m not invoking the Natural person concept in the…
AI vs Provider vs TMs, And Dilemmas About Identities!
In the EU AI Act of 2024, in the definition of the Provider, it includes two specific terms: first is ‘…..legal person…..’ and another is ‘……puts the AI system into service under its own NAME or TRADEMARK….’. I would be restricting to the Trademark definition that further involves ‘legal person’ and as in my book…
The Dilemma OF Floating Domain Names After Non-Renewal
In my previous blog, I opined that the trademarks shouldn’t be removed or rectified in the register, if in case of non-use; unless of course, in case in the event of non-renewal. Further, I rather suggested a proposition that the trademarks shall be suspended if in case of non-user, rather being opened for the public…
The Working Of Patents VS Trademarks VS Copyrights; AND The Dilemmas, As Usual!
My blogs explore Dilemmas in IP & Domain Name Disputes; and any Opposition is always welcomed! Under S. 146 (2) and R. 131 (1), one needs to file the Statement of Working of a Patent, once every Three Financial Years, albeit earlier it used to be annually. Which is of course justifiable, as in case…
The Dilemmas of UDRP
Just an Opinion! Now, if one looks at Paragraph 4(k) of the UDRP Policy, then the scenario of non-implementation / approaching independent resolution w.r.t to the decision of the Panelist(s) (one or three) is as mentioned: My contention is (could be opposed too) that the remedy available for the cctld (let’s say at any national…
The Period Between Priority and Publication!
A dilemma I discussed about the infringement invoking retrospective rights between the period of publication and date of grant. But the question ensues, what about the period between priority and date of publication, which has not been discussed by many, even explicitly not been mentioned in the act itself, as per my knowledge and belief,…
The Infringement Provision In Patent
One is familiar with the infringement proceedings with respect to the trademark, as in that case, the mark needs to be registered first, in case the proprietor wants to act w.r.t. infringement. The mark should be valid & subsisting. And if in case registration pending/not registered, then the option is of passing off. Thus, even…
Atleast AI Shouldn’t Evolve VIA Random Harvested DATA!
Just alike PR + Recommendations == Trash! So as AI built on the foundation of random DATA, would eventually be an AI Trash! Further, it seems, the companies are now updating in their agreements, terms & conditions too w.r.t. Artificial Intelligence Content for a better transparent system, which is a welcome step! Under Your (User)…
Opinion: E-Contracts && IP
The essential component of any contract is Consideration in return; unless and until it is restricted to charity, gifts, family affections etc. Now, unless any organization is registered as a non-profit, or, there’s a family affection involved; generally, there must be some kind of consideration involved; until further that isn’t in contravention to any laws…
A Need to Re-Implementation of BERNE Convention!
Whether it comes to imitating in the mainstream; or the DATA on the Internet which is being used against the provisions of every single reciprocal treaties or TRIPS agreement; which was ought to have been restricted for personal & private use, R&D, academic only; YET, that has been used to train from AIs for ‘commercial…
What Defines Originality?
Whilst filing for the copyright, of course, one would be asked whether the work is original or translation or adaptation as shown below. But according to me, what is Copyrightable shouldn’t qualify to implicitly become Original, or be part of the term – > Originality. Let us take some examples. Can Work of Journalism, Podcasts,…
International Filing System Has Few Flaws!
If we can have copyright reciprocal treaties, why can’t that be the case for patents, trademarks, domain disputes without WIPO being involved? It’s understandable that everything comes down to how the payment at the local prosecution would be made, and as of course, the countries who file for most of patent and trademark applications, or…
Is PCT Relevant?
Notice the difference between the examination/scrutiny/objections in case of trademarks VS that issued in patents. In the former case, from the examination report to the scrutiny; include territorial prior works. Whilst in case of patents, examination reports consist of global prior arts, yet, if in case patent is granted, then rights are territorial only, like…
Certificate of Inventorship Needs An Upgrade
In one of my previous blogs https://www.jpranavc.in/2022/12/the-inventors-who-arent-inventors.html , I opined that why every inventor’s actual contribution in the invention must be included; precisely bifurcated, segregated; in the declaration of the inventorship itself, so much so that, once the application becomes public (pre-grant or post-grant), one would be able to know who contributed what in the…
When Trade-Secrets Are Tried To Be Superimposed Over Patents!
It should be considered a wrong precedence if in case trade-secrets are being superimposed, or, tried to be superimposed over patents! The ‘generalized’ structure of the claims shouldn’t become the part of the specification anywhere. The non-inclusion of the precise metrics in the claims, in anticipation of then being used the same invention as a…
The Apple Watch Dilemma
Remember, Waymo vs Uber involving Levandowski’s case, wherein it was alleged that Levandowski stole trade secrets to then being used by Uber via acquired firm Otto, that Levandowski started, with all its IP assets, ending up Levandowski’s sentencing, whereas Uber-Waymo signing non-disclosed settlement agreement! But how’s this analogy can be applicable in the Apple’s watch…
Is Google Committing a Mistake?
Check the below tweet that I had sent couple of years back (when I was on Twitter) to google (gmail), microsoft (outlook), yahoo (yahoomail); indirectly asking them NOT to delete emails related data, unless & until been explicitly requested by the User itself. Now, Google has announced that it will start deleting all inactive accounts,…
The Trade Mark Case involving ‘Trump Too Small’
In one of my previous blog, I discussed how and why using some well-known names or surnames which are already being traded in the market could cause infringement, despite the applicant itself sharing the same/similar name or surname. I cited some examples viz. Trump, Tata, Ford, Gucci & the list goes on. I further wrote…
The DPDP Saga
Few Questions & Review: All said & done, the Internet was already crumbled by the policies such as -> number of clicks + followers == payback to the users + paycheck to the resident employees + revenue for the company. Internet may never be ameliorated! © Pranav Chaturvedi
The Limits of Fair Use / Fair Dealing
There’s a difference between non-infringement vs. becoming actual claimant of the work produced to be then considered as protected under copyright, whether derived/adapted (eg. a theatrical act derived from any book which would explicitly require permission), or, transformed (eg. critical analysis & research that changes characteristics of original work to a greater degree, even without…
The Dilemma of Claims in Patents
There’s no (or shouldn’t be any) inflexible rule for drafting claims, for example -> all inventive features should come or characterized or comprised in Claim 1 only as independent or not, & the followed subsequent claims shalt be (in)dependent or derivatives of the first etc. The Claims (use, method, process/product, composition) shalt define the scope…
Data Scraping
With the new updated Google’s Privacy Policy read as: publicly accessible sources “For example, we may collect information that’s publicly available online or from other public sources to help train Google’s languageAI models and build products and features like Google Translate, Bard, and Cloud AI capabilities. Or, if your business’s information appears on a website, we may index and…
Use vs Territorial vs Monopoly
If the examination of any patent includes global application citations, then technically, is there any point of considering patent territorial, & furthermore making the use of PCT, then seems more redundant, unlike Madrid in TM, as citations differ in both, wherein latter is more territorially defined. If mere manufacturing for export is considered as use…
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