IP & Originality!

 

In earlier Blogs, I briefly discussed about PCT, Madrid Protocol, UDRP Arbitration, Designs, Copyrights. Continuing the trend, would discuss further the relation between IP & Originality! And what constitutes it!

Was LIKE Button an Invention? Trend these days is, some contend that; An APP or WEB Portal, let’s say, a Social Media Platform, be considered an Invention too? Should it be? When they’re bifurcated to their own individual modules or pieces, then those individual pieces might fall under IP; mostly under Copyrights & Trademarks; but, Invention? The Process or Product itself? I Hope Not!

Definitions of what’s invention, coined, novel are incorporated & pre-defined, what & what can’t be patented, trademarked, copyrighted, copyrighted in design, design patented; which can be referred & read in verbatim. For examples, mere admixtures, re-arrangements, anticipation, prior existing, obvious in general; aren’t considered as Novel.  But how one deduces to conclusion? Should Software be subjected to Copyrights only as they’re mere arrangements of written functional modules, OR, the concept of it should be expanded to Patents? Should such Products only be Patented & Never the Process? What then about WWW? And then comes, was Gravity, Discovery or Invention? Do you Discover Stars & Planets in the Cosmos or Invent it? Are Scientists & Inventors & Researchers, all fall under same Category, or there’s huge difference between all of them. One thing can be asserted that; We discern Inventions in a very casual approach everywhere in the World; which shouldn’t have been the case. Invention was, is & would never be, an Easy go Ride topic. How tough it should’ve been? Consider for example, initial working models of Electricity, Boat, Television, Airplane as Inventions. Contrary of which is trademark, wherein, a good User & existence of it amidst traders & consumers, is enough to build a contending part for concurrent use, even if in case of some other proprietor of the same/similar mark already existing, on record or not. When it comes to Copyrights, I already defined in my earlier Blogs. But, I say - Fiction is more Original than anything written Subject Specific. For Example, LOTR is more Creative & Original than anything which is Non-Fictional or Subject Specific Books Written, for the reason, in case of Tolkien, he had to be more creative compared to latter case, wherein, thousands of books were/are already written & one had/has to just refer re-write re-arrange in own words, EXCEPT, the Original Writer/Creator, who first wrote/published the Original Work. And the more the work would be similar to the ones already written, the more it would likely to be alike adaptation or influenced by or simply copy pasting. The same goes with Designs. Example – Perceptible Difference via Naked Eyes of designs of a Volvo Cars & Volvo Trucks!😊

© Pranav Chaturvedi