Connection/Disconnection within IP

In earlier blogs I covered some parts of IT Act, IP Act, Online Contracts, its International Procedures. The present blog briefly covers how IP from within is Connected/Disconnected. Upto, 2:2 ratio for (Pat/TM/D/C), I've termed as Disconnected. :) 

1. Compulsory License: In Patents & Copyrights, provision of Compulsory License is present, S. 84 of Patent & S.31 of Copyright. Whilst in TM & Design, there isn’t such provision. So Disconnected.

P.S. ->  Certain provisions globally differ, like (March-in Rights/Antitrust/Unfair Practices in Patents)  which I already briefed in my previous blogs. 

2. Timeline: Timeline of Ownership/Exclusive/Non-Exclusive Rights differ. Whilst Patent is 20 years; TM is recurring, subject to every 10 years renewal; Copyright is as already explained in my earlier blog as it varies subjectively eg. Author, Broadcasting, Compulsory License, Performer, Cinematography; Copyright in Design is 10+5 years (Term of Design right may differ globally, eg., Japan was 20 (now 25 years)). So Disconnected!
3. Prima Facie:  All viz. TM, Design, Copyrights, are prima facie. But always difficult to circumvent this part, when rebutting against any prior existing Ownership. So Connected.
4. The Word -> Prior: In Patents, Designs, Copyrights, no Rights are bequeathed to anyone who claims subsequently or further contends to exist in parallel, IF, there’s Priority or an Ownership or User already Existing. Whereas, in Trademarks, if there’re, let’s say two existing Users or Contenders, then either might claim Ownership under Concurrency or simultaneous user or parallel existence (S.12). Further Examples are S.19(1)(b) of Design cancellation in case of prior publication, S. 25(2)(d) OR Anticipation in Patent in case of Opposition, S.17 of Copyright that defines the First Ownership, but, under which, there’s ‘no’ provision of Concurrency that can be claimed. So Disconnected.
5. Disclosure: If TM, Copyrights, are already introduced, published, disclosed; then there’s no harm in contending for the ownership. But in Patent, if already published, manufactured, disclosed, then yes (excluding circumstantial, S.29) as stated above. So Disconnected.
6. International Definitions: When it comes to TM, it’s similar & static which covers, coloured or B&W, device, label, word, trade dress, pattern. Similar in case of Copyrights too, as already briefed in previous blogs. But the definition of Patent may vary, like, Design Patent, Utility Patent, Plant Patent, Process or Product Patent. So Disconnected.

So, these are some of the ways the above terms are Connected/Disconnected. 😊

© Pranav Chaturvedi