Tuesday, July 30, 2024

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.

Thursday, July 25, 2024

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 domain name disputes, would end up having control over the arguments and legal nitty-gritties being embedded into the global system. And why the present system not fully serves the point of being contending for uniqueness in the World, without having so much of obstructions, in terms of both prosecution and cost involved. And of course, I’m not soliciting pro-bono. But a system, where uniqueness can evolve without limiting its scope to take action against anyone who adapts, derives, copies, infringe, pass off without permission.

Sunday, July 14, 2024

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 in case of trademarks. Exclude Copyrights due to reciprocal treaties.

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...