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 Rules 2007/18: the Patent Act, and Patent as defined in Patent, were omitted in 2018 notification; Yet, mentioned in Section 11(2)(n) of the Customs Act (as per my knowledge and belief).

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 of cost, without the users permission or remuneration, aren’t AI companies suppressing both moral, authorship, and monetary rights of the owners?

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 For Copyrights, either the Work would be Published, or, Unpublished. If Published, you need to mention its first date of publication and the territory where it was first published, and the name of the Publisher, who could the Author himself/herself (self-publisher). And if the work is unpublished, then no date of first publication is needed.

The work when published, may not be available in public as such, albeit, in which case you see for translation/publishing rights/compulsory licenses etc. are acquired by the prospective publisher from the owner/author itself, or, vide making petition to the Registrar of copyrights. Is it Copyright free? Nope! Until the term of the copyright is expired, or the author/owner has renounced its rights, or, certain government works, or, dedicated works. Albeit the legal term of copyright takes decades to expire!

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 Inventors are bound by Employer-Employee agreements, Contracts, which rightfully prohibits them to claim for the same invention. BUT, in the invention, one should know exactly what the contribution of each cited individual is. No more. No less!

The same analogy I’m using with respect for Ghostwriting; albeit now, expanding its scope, making even any contract made with the Ghostwriter, void or void-ab-initio. Or make a provision that the Author of the Book who took the help of any Ghostwriter, must mention in the Book, as who exactly has written the Book.

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 not making money in the public domain, so it is better to be used by the AI companies for their training module, rather, the owner being objecting to it! And such bizarre statements have been echoed by many in the mainstream too. I won’t publish the specific names.

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 using X7 for its products or services now files for another DEVICE mark, say, X7 XYZ, and it’s been granted with a DISCLAIMER that mark to be used on ‘AS IS’ basis, considered as Whole, and no rights be given to any descriptive feature.

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 Trademark: ‘Russian Warship, Go F**k Yourself’, which became famous after the soldier’s encounter with the Russian Navy’s demand of surrender of Snake Island in Black Sea.

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 cannot claim for copyright violation in parallel to a legal entity. Whilst contrary to this, in India, hon’ble courts have equated animals in parallel to legal entities/persons. But does that mean they can become co-Applicant for the Copyright Application too? That’s the grey area.

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, Contract signing, WILLs, Assignments, Decrees etc., the person’s signatory execution doesn’t count. Correct? Issue is, in many courts around World, AI is even used to pass the Decrees in the matters where even small causes matters are involved, and not mere ticketing. And let’s say, even where the basic ticketing is involved, then too, before the AI systems, humans were doing it; and then they were being replaced by the AI, that provide the same, logic and reason, that any human used to provide! In any case, the AI systems are more robust, as no level of corruption is involved. Means, on the ethical point of view, the AI system is better at the administrative level too, compared to what it used to be. Correct? Now the major question ensues: