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.)