IP & Pharma amidst Covid

 We must decide what’s more important! To end Covid Biowarfare or to discuss bullish Stocks of some Pharmaceutical Companies all over World. I’m a hard core supporter of IP. But there are times when things need to be seen from an alternate perspective. We aren’t talking about compulsory licences or march in rights or crown use or government acquisition of IP like terms, which all takes time. We are taking about immediate addressing the concern of availability of therapeutic medicines to vaccines to testing kits for Covid all over world.

Hague, PCT, Madrid -> Timeline -> My Dilemma + Proposal

There’re some procedural similarities & differences between PCT, Madrid & Hague System, which the present blog discusses, as how they are poles apart, but, still have similar foundational structure. So far, previous blogs briefly discussed: Online Contracts, parts of IP (Pat/D/TM/C) / IT Act, Domain Arbitrations, Domestic/International prosecution etc.

When Claim or Oppose & When Not to Troll!

IP is necessary for recognition of the Original Creator & in No Way should become the means to Exploit public at large. An analogy, Tesla > Edison.

So far, previous blogs covered parts of IP & IT Acts, Procedures (Domestic/International), Biodiversity, Protocols, Online Contracts, Arbitration etc. This present blog is restricted when might oppositions become troll, beyond definitions.

Dilemma of Software Patents

Few years back, I contended for the need of Software Patents at a moderate level. The present blog contradicts it. So far, in my previous blogs, I’ve covered parts of IP (Pat/TM/D/C) & IT (Acts & Rules), International Procedures/Constraints, Domain Arbitrations etc. The present blog, as stated above, is where I elucidate the Dilemma of Software Patents.

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.

Biodiversity in Patent

 

So far, in previous blogs, I briefly elucidated some parts, procedures & issues, w.r.t. IT Act, Patent, Designs, Copyrights, UDRP, TM, PCT, Madrid Protocol. So, continuing the trend, would go back & discuss Biodiversity in Patents, in general.

So, if one discovers a plant with medicinal properties, can exclusive rights on it be claimed? Nope!

Online Contracts!

 

So, continuing my journey of elucidating in brief; whereabouts, procedures & issues revolving around IP & IT Acts (minus, monotonous in verbatim, definitions); present blog is w.r.t. Online Contracts.

Licenses, When become Compulsory!

 

In the last few blogs, I briefly discussed certain provisions of IT ACT, IP including PCT, Madrid Protocol, Designs, Copyrights, UDRP Arbitration, What constitutes Originality in the World etc. So, continuing further the said journey, I discuss about the context of Compulsory Licensing.

(66A, 66C, 66D) + Memes + Roasting + Moral Rights

Continuing journey of briefly discussing IP, this another blog is a mere discussion on conjoining (66A*, 66C, 66D) of IT Act, with 52 of Copyright & taking essence & expanding scope of alike Moral Rights in 38B of Copyrights, & intermediary guidelines (R. 3(b)(iv)). And furthermore, also expanding the scope of 106A of U.S. Copyright law. Alike a Performer has Moral Rights, & so as any Author etc., wherein the original context of the act or words or performance cannot be mutilated or morphed or distorted or modified; and, when it comes to Memes, that moral right of refraining someone or something for not preserving the original essence or context, too exists. Same goes with the roasting part.

IP & Originality!

 

In earlier Blogs, I briefly discussed about PCT, Madrid Protocol, UDRP Arbitration, Designs, Copyrights. Continuing the trend, would discuss further the relation between IP & Originality! And what constitutes it!

Was LIKE Button an Invention? Trend these days is, some contend that; An APP or WEB Portal, let’s say, a Social Media Platform, be considered an Invention too? Should it be? When they’re bifurcated to their own individual modules or pieces, then those individual pieces might fall under IP; mostly under Copyrights & Trademarks; but, Invention? The Process or Product itself? I Hope Not!

Copyrights

 

In the last few blogs, I briefly elucidated about UDRP, PCT, Madrid Protocol, Designs & some of Real Time procedures & issues involved. Continuing similar flow, would briefly elucidate about Copyrights. So, when one pens down or digitally enters anything original; it’s implicitly instantly copyrighted. But again, never an easy ride for anyone to circumvent prima facie part through which someone else is protected when registered. So goes different types of rights, from Performer to Author to Broadcaster to Artist to Composer.

Locking of Domain w.r.t. UDRP & Electing Members!

 

The rule in the UDRP to trigger Lock on domain name, immediately after responding of verification by the Registrar to the Provider (Paragraph 4 (b) of Rules) & until pending of the Complaint with the Provider (albeit effect of which is minimum), is somehow alike ex-parte. Of course, the provision of reverse domain name hijacking or the Complaint itself in bad faith is available to the Respondent, to counter Provision of Bad Faith Use, used by the Complainant against Respondent under Rules, & further within a day, the Lock too is removed post dismissal or withdrawal of Complaint.

UDRP

 

UDRP or Uniform Domain-Name Dispute-Resolution Policy, the Policy wherein one can resolve domain-name w.r.t. trade-mark based disputes (Paragraph 4 (a) of the Policy), further via cancellation, settlement, transfer, or in court action. This is a mechanism, wherein the Complainant can approach one of the Providers (ADNDRC, ACDR, NAF, CIIDRC, WIPO & CAC), against the Respondent (person being alleged of cybersquatting), in the event if Complainant’s domain-name been used in bad faith by the Respondent, despite of having no rights in the trademark with an intent to sail on the goodwill of the Complainant.

Designs (Edited)

 

In earlier Blogs, I briefly elucidated PCT & the Madrid Protocol. Continuing further, would summarize Designs. IP, albeit prima facie; but, always exceedingly arduous to circumvent or overcome the prima facie part by the one who’s not holding respective IP right. So, in layman’s language, four principles must pass litmus test for being bonafide: Intent <–> Interest <–> Use <-> User. Design means; say let’s consider a Car.

Madrid Protocol

 

Consider Madrid Protocol a Mall with different Shops inside. Similar to PCT, BUT, not the same. There’s difference between similar & same patterns. So, on conceptual level, both are similar as providing one gateway to different outlets, but, differ in its architecture, implementation & rules. If one wants to protect a TM (trademark), globally, can either choose to proceed individually in every Nation, or, can enter this gateway (WIPO) where one would be routed to different channels i.e. designated contractual member nations, part of this treaty.

PCT Saga

 

A Treaty that basically Extends Timeline. The original intent of Patent Corporation Treaty or PCT is to Extend the Timeline w.r.t. giving leverage to thought & action of the Applicant, as whether to expand Scope of its Patent Worldwide or Not; the timeline which in itself vary demographically from 30-31 months period. So rather an Applicant directly approaching convention country for its Patent Application; if & when approached via PCT within one year of filing basic or original Application locally or nationally; leverage given by PCT enables the Applicant to get additional timeline, & further examination reports, to give a thought in detail to ascertain first about the distinctiveness & novelty of the Invention; before spending exorbitant amounts per Nation directly.