Monday, August 25, 2014

Intellectual Property Rights - Changing Scenario >>

Tentative Jottings



 Jan 20
Ownership of data - by siddharth

o respond (despite having no expertise on the 'special' topic)

Ostensibly, the query is on a dicey subject, replete with complexities galore. From a pragmatic viewpoint, one needs no ‘expert’, and more so, require a law expert, so as look to for an 'opinion'.

As presumably the ‘idea’ has a value, which could be turned into money, even common sense should tell, issues could not be ruled out; and in any case, not taken to be inevitable. All the more, should the conceived idea, infer-ably now in a nascent stage, happens to be successfully evolved and given a final shape of a ‘developed product’, so as to have a marketable value.

For a purely pragmatic but academic guidance, any amount of useful material on the vexing but brain numbing topic of ‘intellectual property rights’ is available in public domain, simply for an intelligent search of it. One such noted material is here >
‘Patently transparent and easily accessible’  (Busiessline)

No need, therefore, to add that, in the context herein, self-help (-enlightenment), in preference to any external guide. is the best to primarily go by, ideally depend.

Journal of Intellectual Property Rights (JIPR) - NISCAIR ...

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US to launch fresh review of India's patent regime

  1. NEW DELHI: Within days of Prime Minister Narendra Modi's return from the US, the US Trade Representative (USTR) has launched a fresh ...

The US government has been under pressure from local lobby groups, led by pharma multinationals, to initiate action as the Indian law has special provisions that allow patent authorities to reject a patent application citing lack of innovation.

The government has, however, dismissed it as a unilateral action by the US and said concerns of a foreign government need to be taken up at the World Trade Organization (WTO). "As far as we are concerned, all our laws and rules are compliant with our commitments at WTO. A country can't judge India's policies using its own yardsticks when there is a multilateral agreement," said a commerce department official, who did not wish to be identified.

<> “....the government has, however, dismissed it as a unilateral action by the US” .Mrs Grundy, left aghast, keeps worrying - is this just one of the multivariate shortcomings, verging on  arm twisting gimmicks, of an all round globalization, not excepting the dreadful “lobbying” by vested interests cutting across the believed-to-be otherwise impregnable national frontiers.


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‘Patently transparent and easily accessible’

(Xtracts- selective)

Balance is imperative

People can also check the “working of a patent” for CL opportunities, Prasad explains. Companies are required to “work” their patents and service the local market.
Failing this, a third party could seek a CL from the Patent Controller to make the same drug. And this was pretty much how the first CL was issued on Bayer’s Nexavar. “We realize IPR (Intellectual Property Rights) are beneficial for innovation, but there needs to be a balance between the rights of an innovator and a company with the rights of the citizen,” says Prasad.
International search
Research needs to be encouraged at the school level, says the Patent Controller, where children are taught to question, hypothesize and analyze. Only then would the country be able to promote innovations that stem from India, he concludes, on an optimistic note.

<>Coming from the topmost brass of the Indian Patents Authority, his ostensibly committed viewpoints deserve to be given an insightful consideration and be made a conscious note of. Even so, while talking of imperatives or inevitability of an approach of, "Balance”, he does not seem to be clear, or to have made clear, as to how, from a pragmatic point of viewing, it is at all possible , nay even conceivable, to fairly draw a line in the authority deciding which are so -original  "inventions" or "innovations" which in today's context,  be rightly allowed to be patented, within the parameters of the extant law. In saying so, one has in mind the dramatically fast changing scenario and shift in the emphasis from “first to invent” to “first to register”. The mind boggling rather irresolute problem unavoidable could be in investigating and ascertaining which one of the two rival claimants to ‘patent rights’ is the first, in either situation. For an appreciation of the implied predicament, real not imaginary, it may be worth the effort to study and delve into the material in public domain throwing up contradicting attendant attitudes, projected in as wide a manner as thought of.
< <<<<

Accounting = / X Tax

Capital or REVenue

Sale or Use
Locale - source ?
Cause of action for infringement ?
Time of accrual

IT Act -Governing  Spl.. provisiins

Contract Law x Common Law x case Law


 Ro'bot Juris

To share , in case not aware:

Robot , as an invention of a comparatively recent origin, has evoked considerable interest in the realm of jurisprudence as well. Read HERE - 

And this-

As of now that all sounds a mission to fructify/ be accomplished,- though not a fiction, -but yet to take a concrete shape; so much so, the related jurisprudence is still in the evolution / infancy (nascent) stage, Even so, having accorded some serious but awesome thoughts, makes one sit up and loudly reflect on, what is in store for the future- may be, several decades ahead.

Instant wondrous  reaction or concern is, as has always been one’s wont, revolves around   a tricky, rather the most intriguing of all.

In brief, suppose ‘robot’ is to be imagined to take the place of a "servant", just as a human,- which has to be believed  it does, then legal issues are bound to arise, the fundamental one being,- 

Is the relationship between a robot and its master / user, one of a 'contract OF service' or "contract FOR service” within its legal meaning, as interpreted by law (My) Lords?

It is by sheer but queer coincidence that i happened to be going through this:

In quest of finding some clue/cue there from. 

Read on and see, whether anyone can connect to what Namo is heard to have said years ago, now remembered, - ours as a country  which has  since degenerated from a land of  'snake charmers' as once was,  into, thanks to the  IT age, a land of  'mouse charmers'.- 
----HA, HAA,HAAA !



Vikas Vasal,Ashish Jain
The global tax landscape has witnessed dramatic changes in the recent past and it is likely t... »      2 comments
Lower tax rates would encourage companies to consider India as an important business hub and this would be in conformity with Prime Minister Narendra Modi’s call to companies to “Make in India”!
Vasal is partner and Jain is senior manager at KPMG in India. The views are personal and do not necessarily represent the views and opinions of KPMG in India *

Corporates and tax waivers

The cost of taxwaivers, deductions

Case for equitable tax regime


* Typical disclaimers, etc.

".......The views are personal and do not necessarily represent the views and opinions of KPMG in India."
This type of conventional ‘disclaimer’, apart from its varied forms often come-across, has become almost the 'order' or a hollow formality of the day. As repeatedly urged , however, if closely examined, no such disclaimer might be realized to carry any "courage of conviction".
For, -
(a) anything said in such write-ups could not but be conceivably exclusively  'personal', not otherwise.
(b) further to simply say, - "do not necessarily represent the opinions and views of another, even if related in some way or other  do not seem to make any sense.


The following important judgement is available for download at

Vijay V Meghani vs. DCIT (ITAT Mumbai)

ITAT laments severe fall in standards of CA profession. Advices ICAI to take disciplinary proceedings against erring members & tackle issue on war footing



We dig for the truth. So you don't have to. »

  Click here to read stories from The Investigator [PDF].
All views are personal. Really personal.

Centre to raise research fund for promoting innovation
According to Dr Jitendra Singh, the centre will encourage PPP in view of the emerging areas of innovation Read More »

Read full spiritual article: A Contrarian View On Consumerism ...

Intellect vs Property ?


Web Search

Ready Ref >
Cross Refer >
by VY Ling - ‎Cited by 2 - ‎Related articles
Mar 8, 2011 - Over the same period several strands of moral justification for ... This statute not only recognized the rights of authors and inventors to the products of their intellectual ....
Title: 2014 state of innovation report: twelve key technology areas and their states of innovation ... Source: World Trademark Review. No. 48, April-May 2014, pp. 98-99.
by GJ Wrenn - ‎1989 - ‎Cited by 14 - ‎Related articles
Unless the courts quickly resolve disputes, there is no justice. ... In early 2012 there are now 26,000 pending appealsof patent claim rejections. ... court battle over ownership rights for the “iPad” trademark in China, read on. ... you learn that your competitor has a pending U.S. patent application for a product that you make.
Dec 17, 2013 - Myriad argued that the isolated DNA from its natural state breaks chemical ... holding that damages cannot be recovered for infringement of old claims.


Protecting the Rights of Inventors: How Natural Rights Theory Should Influence the Injunction Analysis in Patent Infringement Cases

Copy Right X Right To copy ?
Rights ?
EXClusiveness v the rest of world
innovation x invention x... work of art, thoughts sharing, public speeches, published writings (articles)
Lifetime v Beyond
Inheritable , Bequeetable

Registratin - Legal Effect, consequence

Case Law
E' Books

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