Monday, October 25, 2021

Design<->TM (When Juxtaposed)!

 

If we can interpret a sentence into several different or distinct meanings, then that framed sentence only is flawed. And that also implies to any legal definition. I’m absolutely not endorsing in verbatim studies or discussing question of law itself, BUT still, what can be precisely defined, (s)could be defined. And this is the reason that for more than millennium, holy wars were unleashed because of misinterpretation of sentences. This ain’t Science, that works on successive steps. Framing of Sentences are in our hands & can be drafted unambiguously.

Friday, October 22, 2021

AI, The Inventor?

 

Is DABUS an Inventor?

 

Well, the UK, US & EPO don’t think so, whereas, South Africa has another opinion. In my Blogs, I always TRY, NOT to discuss or write repetitive cases or laws or case precedences, ratherproduce novel arguments, precise notions or prototypes aka blue prints, for certain practices or system that can be changed for good. And what’s the harm adding probable contentions amongst several other already existing!

Wednesday, October 20, 2021

Exclusive Rights on Name-Surname in TM!

 

The extensive commercial use along with a well-known status on paper gives someone the exclusive rights to be a proprietor of one’s own Surname or even Name, over Others. For example, suppose your surname/name starts or ends with Tata or Trump or Sony or Gucci or Ambani or similar known alike; and you decide to launch your own products or services with your surname/name, anticipating that you’re merely using your own surname/name for its commercial exploitation & have an exclusive rights to do that & further not being in any case infringing/passing off any said surname/name as mentioned supra, which have already acquired a well-known status on paper. Well, you can’t do that & would basically end up infringing/passing off the above trade marks/trade names aka well-known surnames/names.

Monday, October 18, 2021

Theranos Trial!

 

Basics:

How do we define an Invention?

It’s a product or process built with novel inventive step(s) capable of being industrial applicable.

 

There’re no words alike may, might, method, probable in any Claims Section of any Patent Application, as Claims are precise, concise, elucidated with exact values or measurements.

Friday, October 8, 2021

Disruption in Legal System!

 

The other day, I was leafing through online & came across to one of the presidential debates wherein one contender Ms. Fiorina contended for a Three page taxation code instead of 73,000 pages in US, which was rebutted by everyone else. There’s another debate going on, including in India, of abolishing taxes for good, as it creates load on only few honest tax payers. I’m sailing on the similar ship as a common man wherein to see the entire legal system being minimalistic but unparalleled. AI is an option, & of course is in use at many places, BUT, until General AI is built & planted everywhere with full Autonomy, it’s unworkable. Till then, it has to be done through human intervention.

Saturday, October 2, 2021

Nominee vs Successor

 

IP too is subjected to inheritance. One may bequeath to Trust or via Will to its beneficiary Successors or if intestate, then proceeded via Succession act or if part of employment, then irrelevant as the company/firm owns it unless entered into with any special employment provisions. Other ways of transferring rights are through mortgage, license, assignment. And if co-owners, then it’s an undivided right, unless any agreement contrary in force; and rights which further cannot be shared or assigned by either one unless taken consent of the other. 

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 proceed...