Upgrad LLM

Astrology & ipr

This query is : Resolved 
 

(Querist)
30 December 2011

Dear Sir,

In continuation with my querry, I would like to clarify that I am not an Astrologer;rather a legal professional. I had came across a peculiar case which I also keen to resolve, for academic interest. The brief of the case is under:

Condition:

X wanted to establish correlation between Stock Market and Astrology from last 10 years, luckily he got a opportunity in June 2009. He accepted it and entered into an agreement.

Financial Forecasting was his responsibility, and marketing was not his responsibility, this was under the Marketing Team of the Company and marketing team could not much subscriber for the product E-magazine-Financial Astrology.

currently the website of company is not updated and they are showing the product E magazine, they are not running with this product in market, so he want to start his forecast for financial market, but the company have objection.
My Queries:

1- Astrology is not a Exact Science and it is a matter of believe , Can Astrology comes under IPR, is it legal ? with this, financial Astrology also running in public domain no one have patent for financial astrology.

2- If Employer is not running the product mentioned under IPR then in this case can employee do the same business?
3- what are the threat if he Start Financial Astrology in open Market ?
4- Who is the Authority to permit him? Court or Company? if court, what are the process?
5-When he started this job company gave him a astrological note, this note was copied from a well known book "financial astrology in money matter by PK Vasudev". Can they Claim for breach of trade secret while financial astrology is running in public domain,
6- Can you reffer study materiel for IPR exclusively for this case?

Thanks for your kind support.


Nagaraja B S (Expert)
30 December 2011

Dear Mr. Raman,

It is a very interesting scenario. Please find below response to your queries.

1- Astrology is not a Exact Science and it is a matter of believe , Can Astrology comes under IPR, is it legal ? with this, financial Astrology also running in public domain no one have patent for financial astrology.

Yes it can come under IPR (Copyright). However, Patent applies only for invention. Astrological predictions can be recorded and copyrighted.


2- If Employer is not running the product mentioned under IPR then in this case can employee do the same business?

Yes. However, there will be conflict of interest. Because usually employer expects the employee not to indulge in any activity similar to their business.


3- what are the threat if he Start Financial Astrology in open Market ?

If he does not protect under copyright, it can be easily copied & sold.

4- Who is the Authority to permit him? Court or Company? if court, what are the process?

It is always to good to obtain an NOC from this company, before he starts publishing his Financial Astrology predictions.

5-When he started this job company gave him a astrological note, this note was copied from a well known book "financial astrology in money matter by PK Vasudev". Can they Claim for breach of trade secret while financial astrology is running in public domain,

6- Can you reffer study materiel for IPR exclusively for this case?

There are no specific references.

For more details, Contact

Nagaraj
Corporate, Commercial & IP Lawyer
IP Lex Global Services
Email: nagaraja_bs@iplexglobal.in
Mob: 9902007635
www.iplexglobal.in

Nagaraja B S (Expert)
30 December 2011

Dear Mr. Raman,

5-When he started this job company gave him a astrological note, this note was copied from a well known book "financial astrology in money matter by PK Vasudev". Can they Claim for breach of trade secret while financial astrology is running in public domain,

It is no trade secret to copy somebody's work & publish as their. Author can file suit against the company.

For more details, Contact

Nagaraj
Corporate, Commercial & IP Lawyer
IP Lex Global Services
Email: nagaraja_bs@iplexglobal.in
Mob: 9902007635
www.iplexglobal.in

s.subramanian (Expert)
30 December 2011

I agree fully.

DEFENSE ADVOCATE.-firmaction@g (Expert)
30 December 2011

Astrology is a science has been accepted by various high courts but still it does allow you publicly market it.

Rajeev Kumar (Expert)
30 December 2011

I agree with expert

N.K.AssumiOnline (Expert)
30 December 2011

I am told that in India some University has started Astrology subject in the curriculum, is it true?

DEFENSE ADVOCATE.-firmaction@g (Expert)
30 December 2011

It is very good science and even if normal persons such as advocates get some prelim knowledge than they can say first hand what and how the client will behave.

So is for managers / owners for staff.

Far a trial take the b/d of both the spouse in any family case and you will find they are mismatch couple and hence fighting it out in open.

Deepak Nair (Expert)
30 December 2011

Dear Mr. Nagaraja, how can a prediction be copy righted?
As per my understanding, predictions does not fall under the definition of copyright. Prediction is something which is uncertain and it is not a product of any literary or art work which has a commercial value.
Please clarify.

prabhakar singh (Expert)
30 December 2011

N.K.Assumi asks is it true?YES! dear it is true.

So far debate on Astrology is concerned we may understand it differently as whether a science or art but one thing is clear it is neither IPR nor a copyright.

Sudhir KumarOnline (Expert)
18 August 2012

I believe that prediction is application of calculations derived from mute ancient texts with reference to existing movement of planets. Ther eis a skill involved in arriving at prediction from mute text on one side, ute table showing movement of planets on other side.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

Menu

CrPC MASTERCLASS!     |    x