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 proceedings, from the Copyrights (especially in case of sound recordings, musical notes, and cinematography). For the reason that, what is neither compulsory for any industrial applicability, nor for any USER to be proven, nor for any annual or once a decade RENEWAL, nor been asked to submit for the User before Sixth year, nor been whose proprietorship Expires either within 20/10+5/10(recurrence) years, nor if the renewal fees is not PAID. As per my opinion, limitation acts shouldn’t then be applicable for the Copyrights (especially in case of sound recordings, musical notes, and cinematography).

Mulheres VS Million Years Ago Plagiarism Saga, BERNE’s Resurrection, IP, Timeline Dilemmas! (Edited)

 

I saw the side-by-side comparison of the song Mulheres VS Million Years Ago. It seems, the latter is replica of the former. Watch the comparison by yourself, the musical notes and the rhythm:  

https://www.youtube.com/watch?v=yjszPUsjWbA&embeds_referring_euri=https%3A%2F%2Fwww.reuters.com%2F

The important question: acquiescence, laches, delay, condonation, waiver!

Opinion: IP, Outer Space, AND Why WIPO’s Madrid/PCT Can Ne’er Work W.R.T. This!?

 

There are contradictory terms w.r.t. Outer Space Treaty, TRIPS, and the jurisdiction involving where IP Rights can be covered; within or beyond Karman Line!

Albeit examples are present, like T. 35 U.S.C. S. 105 mentions that, any invention made used sold in outer space object under jurisdiction and control of US shall be considered to be made within the US, along with some caveat of International Agreements. Whilst in other cases, it is either, on whose registry an object is launched, retains jurisdiction, control, rights; unless, subject to international agreements (Article VIII)!

Dilemma: What About INNER Space Treaty On Intelligent Species Another W.R.T. IP Rights?

 

What if Man’s entry into Discovering of Space vide signing Outer Space Treaties + Different Agreements whether on Moon, No Nuke Tests in Outer Space/Under Water, Space Communication, Space Objects Registration etc.; could also leads to the Man’s entry into Inventing of the Species Another herein, right in this World only? And then, under what Rights it would be covered? Trade Secrets OR Patents?  

The purpose of Space exploration is mainly for two purposes. To discover Resources, or, to find Aliens! I’m skeptical that, in both the cases, once Rare/Super materials, or, Intelligent Species, or their technologies are discovered; such Treaties would even been followed!

Copyrighting VIBES?

 

This blog is restricted to Words -> ‘Copyrighting VIBES.’ No more! No less!

What exactly is a VIBE?

In Personal context, an Emotional State! An experience of something being exuded by any other Person. In the Material context, maybe Surroundings, let’s say specifically, a decorated room, that gives a feel! But what if in both the cases, should they be live, or, could also be experienced vide Picture, communicated Digitally? Or the Word VIBES, itself is wrongly used, and should be replaced with Themes? And if yes, can common banal themes, further, when you’re not even the creator or originator of individual items (let’s say the Dress or Shoes you’re wearing in any Picture, or, a Sofa of beige colour in the Picture), be considered as a Copyright material? NOT likely!

Transshipment, In-Transit, Customs, IPR, Dilemmas!

 

Take this example.

Suppose, Subject A sends goods (let’s presume generic pharma products) to Subject C. But Subject A can transport its goods VIA Subject B (transshipment/in-transit/en-route) only. But Subject B confiscate the goods sent buy Subject A on the complaint filed by the local companies under the jurisdiction of Subject B, on the grounds that, the goods In-Transit contains infringed products. Subject A contends, that the goods were lawfully produced in their vicinity under their local laws and no off-patent/trademarked products exists at the location of Subject A, and also, where the goods are being sent to i.e. at the destination of Subject C. Subject C confirms the same. But Subject B contends that as the same products being IP protected under the vicinity of Subject B, the goods in-transit can be confiscated.

Who is correct? Subject A, or, Subject B, or, Subject C, or, both Subject B and Subject C, or, alone Subject B?

The Trademark Infringement Case B/W Indigo AND Mahindra

 

As if my proposed (hypothetical) case scenario came true!

If you read one of my earlier blog (Link: https://www.jpranavc.in/2024/11/maybe-theres-no-necessity-for-concept.html), wherein, I drew a comparison what if a day comes when X7 from BMW X7 being taken away by anyone, and as trademarks shall be considered as whole under Section 17, wherein the Classes of goods should also differ, and even if same, then Nandini VS Nandhini would be invoked, as all goods and services in one class can’t be claimed; unless already acquired Well-Known status; thus, such infringement won’t create an issue!

Why Patent of Addition Is ‘Un’required!

 

Take this example.

On a more elaborative context, aren’t improvements or modifications made on the main invention itself eligible for new invention? We aren’t taking an analogy per se of associated nor of the setories marks, but, the term being same as of the main invention, and, been filed at the time or after the main invention filed.

I coined the definition of Patents long back as -> Discovery++; that means, one step ahead of discovering anything; as there is no such thing called absolute invention. Had that been the case, then the Pharmaceutical Companies, wouldn’t have got so many Patents in their names (an example of that is vide Markush Claim).