INTELLECTUAL PROPERTY

                                 LAW FOR INTELLECTUAL

 

                           AN OBSERVATION BY   KALYAN KUMAR MAHATA (APU)      

A Revolutionary measuring steps for remedy for those persons who attend in a continuous process to supply the demand of enriching and fulfilling the emotional base of the layer of the mind is,somehow, not justified anywhere in the world. The United Nations Intellectual Property Protect  Act is accepted by many courts of justice. But the expression and explanation of the thinking of persons representing in public cost a huge acclaim if those are related with art, literature, invention, music, song, etc. in exchange with money and royalty the common man and woman or other person or institution pay for the value both to the owner and the Government wealth fund. The knowledge of intellect helps to build the career, to choose an occupation and make a professional. The Copyrights Act, the Patent Act and the Trademark Act conventionally regulate the resource, production and market proclaiming the penalties and offenses, sometimes, announcing remedial solutions to control the conflict between the aggression of acquiring the residual income value and the owner of the intellectualism capability for a new creation or to those persons who  produce things in a different way, that none had made before.

The unfair practices for duping, infringement, counterfeit need knowledge of tempering which is a low level of thinking comparing that who  first ever thinks. The intellectual capacity is divided by class distinctions through this method of illicitness considered as unauthentic. Trafficking, theft, transshipment, trade secret theft literally violate the Intellectual Property Rights Acts, at the same time, the activities of this type of crimes must deserve the highest level of thinking performance i.e. the breaching of security need more capability of mind power than that of the security provider, though the laws in the court could sue making proper judgement respecting the constitution. As a consequence, the law of IPR (Intellectual Property Rights) can not give much importance to the real thinker of better knowledge as it is not possible to show the proof of any witnesses and documents regarding the scientific limitation and boundary of infliction of  the  corporate (law) punishment,  probably to maintain the diplomacy and administrative ruling power for the greater cause of keeping national integrity and protecting the Internal Security of a boundary. 

The Patent Laws describe in the clauses of Patent Infringement 35 u.s.c.of 271; 281-297 of the U.S. Constitution for unauthorized making, using, selling or importing any patented invention. Remedies available in 35 u.s.c. of 283 of the U.S. Constitution, says "in exceptional cases, the court may award reasonable attorny fees to the prevailing party, 35, u.s.c. of 285.

Any controversy of cyberpiracy and cybersquatting in connection with Internet Domain Names, 15 u.s.c.of 1125(d), violating the nation's rule not in judiciary trial or a fleeing to another country for taking shelter is really critical to prove if there is no adequate intrinsic documents are produced before the jury. This type of person is not a simple hacker; rather than a great 'Intellectual Property Thief', an international criminal, according to the law of Cyberpiracy Protection for Individuals,15 u.s.c. of 1129.

A contractor of CIA (Central Investigation Agency) and National Security Agency, Edward Snowden, the fugitive, revealed some information sensitive to the state administration for the growth of mass production as well as economic sustainable indices. The revelation of the secret information and dealings with a regular basis task in various places, the employee of the security service unlawfully provides the common man and woman reality in the veil of the state policy. The 'whistleblower' runs for leaking the important documents published in THE GUARDIAN, again boosts the gross development of digital technology of an unwanted and malicious informative deed. He did not support the surveillance by the sub- contractors of the Govt. agencies. To defend the terror strike and protect the lives of the of the people live in the US, stared this suspicious penetration of surveillance to the privacy in Digital Electronic Usage after 26/11 strike, the proof is yet to be. 

The limitation of Intellectual Property Acts undoubtedly creates a lacuna in the school of law. As per the data collected by the inheritance users and owners of the natural goods from the traditional and ancestral aspects of view, the demand of the patent holder could not satisfy the law and order of the highest court and the United Nations ' Legal Office and the International Court in the Hague. Many a thousand of the natural products could not find any resolve to identify itself as a potential food or usable items all over the world. Not a single country, human race or company establishes self- acquisition of the license of the patent even in the present times, the distinguished natural product i.e. water is not under control fully by the patent law, though the package mineral water and natural resource water, processed water sold under the trademark. 

"Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agriculture and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour".                                                                                                                                     
                  Article 1(3)

(A declaration in Paris Convention in 1883 for the protection of Industrial Property.)

DOMA

                   DEFENSE OF MARRIAGE    ACT

                          SAME - SEX MARRIAGE 

                              

                                 - KALYAN KUMAR MAHATA (APU)

Marriage equality or equal marriage marks a new milestone in the history of marriage registration act in the United States of America at the moment when the Supreme Court announce the legality of the age old controversial social issue in California . This is a recognition of social, political, human rights, civil rights, religious, debatable  and economical as well as  birth control issue in many populated countries. The cases started in 1996 at court after rejecting in District court, at that period the Supreme Court of  Hawaii granted to marry for gays and lesbians. 

The victory of the moral conscience of the eternal human loving truth and attitude gracefully acknowledges the need of conjugal life of same gender of human being without any biasness and conflict of standard partnership for living in the society. The other side of familial understanding would gloriously enhance the mutual social status of the followers of the gay(ism) and lesbianism, in a liberal way that effects in emotion of ups and downs of man and woman . At the same time the freedom of living together like in mess, hostel or ashram  copes up with a bonding of two minds rather than differently in the meaning of sex (oral, anal, gonado) and its gratification. Though the incidents are not revealed in public or legal ruling but  the allegations are lodged in the police station frequently and gradually it is forwarded to solve the stigma in the court. The long awaiting verdict certainly makes the couples mirthful in personal life. 

NPR's Nina Totenberg comments : 

The cases are United States v. Windsor and Hollingsworth v. Perry.

"One case tests the federal defense of marriage act, known as DOMA (Defense of Marriage Act). The law bars federal benefits to same sex couples who are married in states where such unions are legal. Those challenging the law contended that it unconstitutionally denies them the equal protection of the law and that it also violates the constitution by refusing to recognize state endorsed legal marriages. The second case from California, is an outright challenge to state  laws that bar same sex marriage. Same sex couples are challenging California's ban as a denial of their constitutional right to equal treatment."

President Mr Barack Obama said in a statement, the federal law "treated loving, committed gay and lesbian couples as a separate and lesser class of people." He also said the Supreme Court has "righted that wrong, and our country is better off for it."

The federal benefits given hetero- sexual married couples are extended to same sex married couples "swiftly and smoothly" with the proclaim by the Supreme Court.

In DOMA case , Justice Kennedy was joined by the four members of the court's liberal wing - Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. Chief Justice John Roberts dissented, joined by Justices Scalia, Clarence Thomas and Samuel Alito.                (Source : WSJ)  

Chief Justice Roberts said, the ruling of the states to "continue to utilize the traditional definition of marriage."

Justice Kennedy said the Defense of Marriage Act "violates basic due process and equal protection principles application to the Federal Government."

The opponents of gay marriage, it is important to see now that they will be remain silent in the ruling path or with a anger to sustain the hidden truth of human attraction in the verge of self - suppression in a progression to prove themselves radical  avoiding the timeline of the countries of Europe, South America, Asia, North America, Autralia !

A DISCUSSION ABOUT GENE TEST

        INDIANIZATION OF ROYAL FAMILY OF BRITAIN

                (GLORIFICATION OF DNA TEST OF PRINCE WILLIAM) 

              A DISCUSSION  BY   KALYAN KUMAR MAHATA  (APU) 

 

A RESEARCH AT THE UNIVERSITY OF EDINBURGH, UNITED KINGDOM CLAIMS BRITAIN'S NEXT ELIGIBLE KING PRINCE WILLIAM HAS A LINEAGE HEREDITY RELATION TO INDIA. THE OBSERVATION OF GENEOLOGY  STUDY WAS DONE BY GENETICS EXPERT DR. JIM WILSON OF THE UNIVERSITY OF EDINBURGH WHO  DESCRIBED THE GENETIC LINK AS "UNASSAILABLE''. THE FAMOUS SCIENTIST OF BRITAIN DNA ALSO PROVED THE RESULT OF AT LEAST HALF INDIAN IN A DNA TEST FROM SALIVA SAMPLES. THE WOMAN WHO IS RESPONSIBLE FOR THIS INTERESTING AND EXCEPTIONAL RESULT IN GENETICS IS DUKE'S GREAT-GREAT-GREAT-GREAT-GREAT GRANDMOTHER ELIZA KEWARK, AN ARMENIAN. THEODORE FORBES, A SCOTTISH MERCHANT WORKED FOR EAST INDIA COMPANY IN WESTERN PART OF INDIA IN THE PORT CITY OF SURAT, WAS THE MATING PARTNER OF THE HOUSEKEEPER, ELIZA KEWARK DURING THE EIGHTEENTH CENTURY. THEIR CHILD KATHERINE'S DESCENDANTS ARE DIANA SPENCER WHO MARRIED THE PRINCE OF WALES AND FRANCES SHAND  KYDD WHO IS COUSIN OF PRINCESS DIANA'S MOTHER. PRINCE WILLIAM IS THE SON OF EX-PRINCESS DIANA SPENCER. 

                            THE GENE  LINE FLOWS IN MATERNAL SIDE THAT HELPS THE SCIENTIFIC RESEARCH TO ANNOUNCE BEFORE WILLIAM AND KATE MIDDLETON'S VISIT TO INDIA , THE PAST COLONIAL BASE OF THE BRITISH EMPIRE. IS THERE ANY NECESSARY DIPLOMACY TO PROVE IN ANY TYPE OF SCIENTIFIC STUDY TO BE SHOWN THAT THERE IS A TINIEST PART OF INDIAN INHERITANCE WHERE ELIZA WAS ARMENIAN, AN EUROPEAN DESCENT OR TO FIND OUT THE LINEAR RELATIONSHIP OF THE ROYAL FAMILY MEMBERS IN THE COMMONWEALTH COUNTRIES ?

 THE MITOCHONDRIAL DNA (mtDNA) TEST WAS DONE BY DR. JIM WILSON USING SAMPLES OF SALIVA WITH TWO OF ELIZA'S LIVING DIRECT DESCENDANTS, WHO ARE BOTH THIRD COUSINS OF PRINCESS DIANA'S MOTHER, FRANCES SHAND KYDD. BRITAINS DNA , A LEADING DNA RESEARCH INSTITUTE DISCOVERED TO CORROBORATE THE FINDINGS THAT THE TWO DIRECT DESCENDANTS WERE AROUND 0.3% AND 0.8% SOUTH ASIAN. THE REST OF THE PART OF THE DNA PROPORTION WAS OF EUROPEAN ORIGIN. IF ARMENIAN DESCENTS ARE REGARDED AS INDIAN HEREDITY, THE OTHERS VIZ. ADIVASIS, TRIBES WOULD BE CONSIDERED IN WHICH CATEGORY OF DESCENTS - INDIAN OR AFRO - EUROPEAN. 

DR WILSON SAID, "THIS WAS INDEPENDENT EVIDENCE THAT THERE WAS INDIAN ANCESTRY." 

"FOR ME, IT CORROBORATED THE FINDINGS FROM THE mtDNA. WE'VE GOT TWO DIFFERENT KINDS OF GENETIC EVIDENCE THATARE INDEPENDENT FROM ONE ANOTHER AND THEY BOTH CORROBORATE THE STORY." 

"SO IT REALLY SEEMS THAT OUR FUTURE KING HAS A LITTLE BIT OF INDIAN BLOOD."

WHAT IS THE DIFFERENCE BETWEEN THE IDENTICAL GENE AND THE POPULATION GENE ? THE ENVIRONMENT AND THE GEOGRAPHICAL CHANGES INVOLVE TO DIFFERENTIATE THE FLOW OF GENEOLOGICAL LINE OF ANCESTRAL ORIGIN. THE MIGRATION OF PEOPLE FROM ONE PLACE TO ANOTHER MARKS THE TRACE S OF GENEOLOGICAL COMPLEXITY. AFTER A LONG PERIOD, THE IDENTICAL GENE OF SOME INDIVIDUAL RESEMBLES TO THE REGIONAL STATE OF LIVING GENEOLOGICAL DIVERSITY AND THE CORRESPONDING. IN THIS WORLD, WITHOUT THE LINEAR BOUNDARIES AMONG THE COUNTRIES, THE SIMILAR FEATURES AND CHARACTERISTICS OF GENES ARE DIFFERENTLY OBSERVED AND DISCOVERED IN A LINEAR PROGRESSION BY THE EXPERTS. 

THE DISCOVERIES SOMEDAY WILL PROVE THE HEREDITY OF HUMAN BEING THAT WILL SHOW THE SIMILAR FEATURES OF GENE IN A WAY THAT THE COLOR OF SKIN (DERMIS) DOES NOT DIFFER THE CHARACTERISTICS OF THE GENE OF HUMAN BEING  BELONGS TO DIFFERENT COUNTRIES, NOT COMPROMISING WITH THE LIVING STANDARD AND RACIAL EFFECT. THOUGH THERE IS NOT ENOUGH ETHICS AND CLUES TO PROVE THE CREATION OF THE FIRST HUMAN BEING IN THE NATURE.  THE ELEMENTARY BIO- CHEMICAL COMPONENTS OF THE PHYSICAL BODY ARE SIMILAR TO ALL OF THE SAME CLASS OR RACE OF ANIMALS IN MOLECULAR BIOLOGY. THERE IS NO EXCEPTION FOR HUMAN BEINGS. IN MANY ASIAN AND AFRICAN COUNTRIES WITHIN A LIFE SPAN A CHILD BEARING WITH A WHITE OR BLACK SKIN GROWS IN LATER LIFE RESPECTIVELY BLACK, BRON OR WHITE CLAD. DOES THE GENE TRANSFORM ITSELF FOR ANY UNTOLD REASON ?  

HOW DOES GENETICS RULE OVER THE COUNTRY WISE SPECIALITY IN CHARACTER IN THE HIGHEST LEVEL OF STUDY AND RESEARCH? WHICH NATURAL ELEMENTS OCCUR THIS BIOLOGICAL METHOD OF PERPETUATION OR ANY ARTIFICIAL STATE OF ENVIRONMENT DOING THIS PROCESS OF DIFFERENTIATION HARMLESSLY ? THINKING DIFFERENTLY MAKES DIFFERENT, THINKING SAME THING IN A SIMILAR WAY IS THE STEP IN OR FORWARDNESS FOR UNIFICATION. THE GLOBALIZATION AND THE ACCEPTANCE OF THE PRODUCTS OF THE MULTINATIONAL PRODUCERS DO NOT PROVE THE HRERDITARY DIVISION OF MANKIND IN THE WORLD.


REFERENCES :
     
                             1. www.news.sky.com
                              2. www.dawn.com
                              3.www.washingtonpost.com