Tentative Jottings
Top-up
B/F
http://vswaminathan-swamilook.blogspot.in/2014/05/freedom-and-its-varying-avatars.html
LCI
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.
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| Tag
Journal of
Intellectual Property Rights (JIPR) - NISCAIR ...
Related articles
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toi
US to launch fresh review of India's patent regime
- 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.
BL
Yahoo! India R&D Centre lays off 600 in engineering & product development
Asks top performers to relocate to headquarters in Sunnyvale, California »
Prev.
‘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.
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.
< <<<<
Points:
Intangibles
Treatment-
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
< <<<<
Points:
Intangibles
Treatment-
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-
Robot
jurisprudence: The future of the ethics and legislation of robotics has been
thoroughly explored in a new document which sets out rules to manage their use
in society. (economist.com)
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:
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 !
>>>>>
Goodreads>
toi
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 *
NEWS
Corporates and tax waivers
The cost of taxwaivers, deductions
Case for equitable tax regime
TOPICS
* 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.
prev.
itatonline
The following important judgement is available for
download at itatonline.org.
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
BS
THE INVESTIGATOR
We dig for the truth. So you don't have to. »
Click here to read stories from The Investigator [PDF].
>>>>>>>>>>>>>>>>>>>>>>>>>>>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 » |
By JS
www.speakingtree.in/spiritual-articles
Read full
spiritual article: A Contrarian View On Consumerism ...
Intellect vs Property ?
Both GIVEN by THE CREATOR and HE ALONE !
Web Search
Ready Ref >
Cross Refer >
Copy Right X Right To copy ?
https://www.law.upenn.edu/.../Ling14U.Pa.J.Const.L.813(2012).pdf
by VY Ling - Cited by 2 - Related articles
plato.stanford.edu/entries/intellectual-property/
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
....
www.ipaustralia.gov.au/pdfs/bulletin_2014-06.doc
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.
btlj.org/data/articles/vol4/Wrenn.pdf
by GJ Wrenn - 1989 - Cited by 14 - Related articles
www.garson-law.com/blog/page/10/
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.
www.intellectualpropertymagazine.com/.../the-year-in-review-95365.ht...
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.
1
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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
Plagiarism
Case Law
E' Books
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