नये को ही आने दो- सुस्वागतम्

इतिहास और परम्परा के नाम पर मुझे यथास्थितिवादियों के साथ खड़े रहने का शौक नहीं, मैं अकला ही सही।
पर विरूद के लोभ में मूझे तथाकथित प्रगतिशील दिखने की भी कोई चाहत नहीं, न मैं कथित प्रथम के रूप में जाना जाऊँ ,इसका आग्रह-
हाँ, परिवर्तन से मुझे स्वाभाविक लगाव है क्योंकि वह शाश्वत है, मैं स्वयं उसका अंग हूँ, वह मेरी-आपकी -सबकी नियति है-
 अभिनन्दन है हर परिवर्तन का, नये नृत्य़-नर्तन का, अरूणआभ- किसलय का,नयी फसल के लिये जोते गये हर खेत का , हर सूखे बीज का जो नये वृक्ष ,नयी रचना के लिये कुछ काल में इतिहास हो जायेगा
और अभिनन्दन है नये के लिये जगह बनाने वाले हर पुरातन का- हमारे पुरखे थे तभी तो हम हैं और आगे भी होंगें

मेरे विश्वास

आश हो,
 प्रयास हो,
भोर होते का प्रकाश हो,
 अरुण का विकाश हो,
 पूर्णिमा का आभाष हो,
 जो भी हो अनायास हो,
 क्षिति-जल आकाश हो,
 बुभूक्षू का प्रथंम ग्रास हो,
पिपासु की प्यास  हो
 वैभव का विलाश हो,
प्रेरणा का तो प्रयास हो
 न होना हताश,
 न कभी निराश,
 तुम तो मेरे विश्वास हो !
तुम तो मेरे विश्वास हो !!

तुम्हारे होने से बढ़ जाती है,
कीमत जिन्दगी की
तुम्हारे जिक्र कर देने से
बहार जिन्दगी की
तुम्हारे फिक्र के लेने से
हिफाज़त जिन्दगी की
तुम्हारा होना ही तो है
उम्र जिन्दगी की
यह एहसास ही तो है
जिन्दगी जिन्दगी की
नहीं जानता तुम कौन हो
कोई सपना या कोई अपना

Intellectual Property Concept - A road map for 21st century IP Movement 

 

  If we take and we have taken and succeeded in getting the concept of Intellectual property formalised to a great extent.then we will have to concede that every property has to pass through a production process- utility creation process, securing it process, processing it process. Like all the manufacturing processes Ip Production creation must have more or less same or similar entrepreneurial hazards.  

Similarly the process may have to be abandoned mid-way. The entrepreneurial activity carries  other commercial,moral, sharing, apportionment, quantifying, inter-se interest-conflict,entry of new entrepreneurs, exit of entrepreneure for various reasons. Successful IP activity is always welcome but as an society we must be ready for unsuccessful IP adventure. Now the once unsuccessful Ip adventure may furter be continued either this way or that way. Some time a veryewarding IP adventure may hae to be stooped for some time for want of financial resources, natural calamities, health risk of one or some components, for political reasons or some IP established may not be understandable to the contemporary socirty and may come to be established at a late point of time

So I call upon the IP activists to explore IP  world under the following brackets. The exercise that I am proposing has to be pursued continuously till it reaches a logical result, It may take several brain-storming sessions, sitting togeter of fetile imaginative minds and persons in authority, bu please look into these aspects.  

I have no explained each bracket proposed.

 Pawn ,Pledge,Lease,Rent, Bailment. etc - IP
Transfer,Servithece, Costing, Valuation, Taxation, of IP
Scrap IP - Permissible use of IP
Lost and found IP, Owner not Identified - subsequently known- implications
IP as a product- raw material of IP, IP product in process,
IP Waste- its significance and recycling,
Basic IP, Improved IP, Distinct IP, Generic IP,
IP collaborators, contributors and inheritance
IP to be inherited by the natural property inheritor or by contributor
Whether IP only a legal fiction or law recognised IP very late
Present law inadequate - does not foresee the minor details or contingencies
Heritage IP- IP reclaimed or rediscovered- salvaged IP
Reconstituted IP
Incentives for re-construction of IP
Consequences of overlooking Individual Interest
Conflict of corporate and individual interest in IP field
Reward for unsuccessful IP Entrepreneur
Protection for IP expedition left midway
Economics of Micro IP entrepreneurship and its compatibility with law
Economics of Macro IP entrepreneurship and its compatibility with law
International even play field for all stake holder
IP and humanity- humane face of IP Law
IP and environment- sensitive IP law
IP and science- Scientific face of IP law and its adjudication
IP dispute adjudicatory mechanism- challenges-competence and limitations
IP scene today-2012 and projections 2050
IP and world community- associations
IP - 170 year journey
Historical facts and background of IP
Indian caste system for professionals - Whether Indian mechanism for IP protection
Indian scenario- Caste based IP- its relevance- extent- utility- customary law
Identical but not same IP
Competing IP
Complementary IP
Subsidiary IP
Merger of IP -how a new property
Two or more insignificant IPs clubbed or merged together- legal aspects
Appreciation or depreciation of IP
Point of origin of established IP
Compensation mechanism
Infringement compensation
Obstruction compensation
IP Conception compensation
IP production compensation
IP improvement conception
Social compensation for IP entrepreneurs
Compulsory acquisition of IP -a concept to be debated
Banning an IP exercise- an eventuality to be foreseen and addressed
Accidental IP and Experimented IP
Individual IP under corporate umbrella
IP of employee - whether IP of employer
Fragmentation of IP
Consolidation of IP
Compact IP
Trifling IP
Scattered IP
Compiled IP
Compilers Compensation
Methodology of deciding compensation
Individual pricing of ones own IP
Insufficiency of Consideration
Finders of unclaimed IP- Their responsibility
Ignorant IP owner- How to be protected
Ignorant IP owner- has to be saved from exploitation, coercion, misrepresentation
wonderful minds may be otherwise challenged individuals- a social concern
Whether IP concept is too much Adam Smithian - only concerned with wealth

Long overdue -IP revolution in India

Long overdue -IP revolution in India

We successfully planned green revolution, executed and got results. We fought polio by creating awareness and extensive grass-root work. We identified our social and cultural constraints, contradictions, the inbuilt anomaly of our historical pluralistic society, the natural resistance offered by our really old status-quoist social order  and we fought them and are fighting those out. We had wealth but to-day we have only history or tradition.

It is not that we do not have capacity to build wealth but the last five centuries throughout world was ruled through knowledge. Knowledge created wealth. Intelligent minds got recognised. Intelligence was pinpointed and intelligence got converted into wealth. The western world succeeded in identifying those mental and intelligent works , gave those efforts a definite identifiable de-jure  (legal ) shape and spinned wealth. Concepts were sold. The thrust of trade ,industry and business changed from commodity selling to concept selling. In other words technology ruled the world in these four/five centuries.

Perhaps we lagged behind.We did not prioritise our knowledge sources. We failed to declare the economic value of our think tank or experimentative resources.We had several of them but neither we invested in them nor with them nor according to them. Perhaps we failed to trust them. As a society or as a sovereign state we did not take risk with our intelligent minds. We failed to provide them even working infrastructure so that they can solidify their ideas, do experiments. We did not assure them enough . We failed to protect those intelligent minds. We did not provide enough inputs to those minds to accelerate the growth of their intelligence. WE did not identify and support their intellectual worth.

Intellectual worth has an incubation period. Intellectual exercises or intellectual worth creation expeditions, experiments call for substantive resource investment that too with really conceivable risk.

But we as a nation failed to create mass awareness among our people to rear , safeguard, identify, docket, preserve our intelligence, intellectual worth and to formalise the same as a legal property.

Our universities, law schools, colleges or school were devoid of any concept or content that would convey the generations the message of intellectual property or its importance. We did not even carry the elementary concept of Intellectual property  worth along with thee the other concepts of property. We had hardly any IP law awareness or consciousness. Our intellectual entrepreneurs had hardly any legal assistance available. Our bar Council or Science Council ot Technical education Councils or even IITs or IIMs or Chamber of commerce or Industry bodies failed to raise this issue with real seriousness or concern .

Still to-date IP law concern , if any in India; is confined to Metros or some  pharma or engineering industries. The vast valuable IP or IP worth lying across the whole national territory is still unattended.

So I seriously plead for a deeply strategically planned long term policy that can revolutionise the IP concept ,its awareness level and the attending infrastructure. We must not be late any more. We are already late. We must invest vigorously to raise effective trustworthy infrastructure for legal and conceptual awareness for IP, identification, classification. data collection, IP regulation, administration, transaction, infringement,obstruction and over all protection. We must raise our HR for the purpose, train them properly, equip them and press them deep into the entire social fabric across our geographical territory so that we can secure our IP, build up our own IP inventory and thereby raise our own IP worth across the globe. 

Intellectual Property Management Authority Of India - A Step To be Taken

Intellectual Property Management Authority Of India- a step to be taken

Why a society like us "'We The People " of India cannot manage the intellectual Property  of our own people or whether our 120+ crores minds do not work at all or worked rarely in the last two centuries or so. Why we are having such a poor inventory of Intellectual property at our command. Intellectual property or call inventions are not always product of very huge investment of resources or time. At times it has come accidently, through intuitions, through mistakes or through only a bit applied presence of mind, small imaginative thinking,petty experimental entrepreneurship.

Intellectual property though present but not identified or not taken into inventory is lost property.
We do not recognise our IP or we fail to locate it .We have failed to secure our IP. We either intentionally or inadvertently do that. Otherwise either we have not been trained on those counts or we have not been sensitised enough.

Any nation who fails to safeguard its wealth, cannot survive . Every sovereign state has a duty to protect its geographical boundries, National wealth- both corporeal as well incorporeal. The foremost wealth and resource of a state is its subjects- human resource. A state is duty bound to invest vigorously in the development and upliftment of its human resources. Intellectual property is the product of mental exercise, thinking process, imagination, intuition, experiments by men.

Every state has to keep a watch over the national wealth and must ensure its safety. A systematic upkeeping of  national worth is must I sincerely call upon the national think tank of India to moot, propose, explore the establishment of "Intellectual Property Management Authority Of India." with the following objectives-
a) TO create a ground -base data bank of all Intellectual Property like objects, propositions, innovations, ideas whether still finally established or still unrecognized or not. This should be spread up to Gram Panchayat Level and can be manned at village level by IP Identifier Volunteer Force.

b) To establish Technical Laboratories  in order to cater to the needs of small IP Entrepreneur and to assist the other IP activists

c)To establish Legal Laboratories  as well service centers to help small IP Entrepreneur and to assist the other IP activists

d) To establish a Legal Action front equipped with world class IP law knowledge with very sound Technocrat professional Force to assist Indian  small IP Entrepreneur and to assist the other IP activists in courts

e) To establish an IP management fund structure to be utilised exclusively for creating, managing, docketing, locating IP worth of India.establishing IP base clinics at village level, IP referral Centers at District Level and state level IP management Center and Central IP management  center, data Bank and utility Center- Authority. To build infrastructure for IP Procedure Code  and developing the norms for the same .

f) To establish an IP Litigation and Protection Fund to be utilised to create awareness about IP, IP-laws,IP Concept, IP protection and confidentiality,Ip transaction, , IP legal procedure, IP Education, Inclusion of IP importance in school curriculum, for supplementing and raising effective court-resource persons as well for raising IP Volunteers Force, equipping Indian Law campuses
and Technical Institutions with IP knowledge infrastructure. And to create an independent IP PROTECTION BODY and to carry IP procedure code.
 g)To raise an Indian Data Bank exclusively for IP purpose.

"

We have law in abundance and lawyers for defence also in abundance.
We have lawyers for Harshad Mehta, D Raja and so on,
We are basically a society where we all do not want any law or rule for ourselves but for others we only want Death Penalty.
We have been glorifying law breakers, we vote for all those who have no faith in law, constitution and morality.
we all love breaking law when it comes to... us.
Do we really care for victims of our greed, whim and instincts.
How many of us have ever pleaded guilty.
If the answer is a big No, does that mean we are law abiding citizen.
To expect the law as it is and as it should have been, but then whether we as citizen are there to take benefit of loose ends of law or legal process as we were doing in the colonial era or we have something to change drastically.
Down with our outlook for law which is still that of 1928- colonial enemical outlook for law.
CHANGE NOW