Thursday, December 31, 2009

NLSIU invites abstracts for conference 'Internet Intermediary Liability in India'

The Law and Technology Committee of the Student Bar Association of the National Law School of India University has invited abstracts for proposed papers that are to be presented at its annual law & tech conference – Consilience - 2010.

Consilience is an annual conference organised by the Law and Technology Committee of the Student Bar Association, at the National Law School of India University, Bangalore, India. It is devoted to the field of technology law and has sought to inspire academic debates and tackle contentious issues of contemporary relevance. Past editions of the conference have brought together luminaries like Mr. Montek Singh Ahluwalia (Deputy Chairman, Planning Commission), Mr. R. Ramraj (MD and CEO, Sify Technologies Ltd.,), Mr. Richard Stallman (Founder – GNU Project), Hon'ble Justice Yatindra Singh (Allahabad High Court, India), Mr. Rahul Matthan (Partner, Trilegal ) and have discussed issues relating to "Legal Aspects of Business Process Outsourcing", "Biotechnology and the Law" and "Free and Open Source Software". 

 

This year, the Law and Technology Committee in association with the Centre for Internet and Society would be organizing Consilience-2010 with the topic for discussion as "Internet Intermediary Liability in India". This year's edition of Consilience seeks to not only bring leading academicians to debate upon the topic of contention but also looks to increase and encourage student participation.

 

In this regard, we invite abstracts related to the topic tracks of discussion as enumerated in the concept note. The abstracts must be roughly 500 words and should clearly identify the issue they are dealing with, and the argument that they seek to put forward and should strictly conform to the guidelines below. The abstracts must be footnoted and the conference follows a very strict policy on plagiarism and runs all submissions through plagiarism detection software. Selected abstracts will be notified on January 25th and the authors are required to submit a final paper by March 5th. Authors are required to note that the organizers reserve the right to reject the final paper even after acceptance of the abstract if it is felt that the final paper is unsuitable to be presented, being off topic, too different from the abstract, containing plagiarized material, of low quality or any other such reason.

For details log on to www.consilience.in


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Wednesday, December 30, 2009

Very soon you will get, for just Rs. 15,000, A super laptop from India.

There is a good news for us that very soon we will be able to get a very cheap super lapto . The laptop, will have an e-book reader, phone and media player all rolled into one. We can draw on its fingerprint resistant touch screen, take quick notes, or click photos with its 3 MegaPixel camera. It's got a 32 GB flash drive, expandable memory, GPS and Wi-Fi. All this for close to Rs 15,000. It's a tablet PC that might just put Apple on the backfoot. And it's been developed by Rajat Sahni, Sachin Ralhan, Devanshu Agrawal, Mohit Gupta, Rohit Rathi and Rohan Shravan. Six Indian IITians and an MBA. After getting rave reviews on several technology blogs, the seven are now busy preparing to launch their dream product in Las Vegas next month.

Source: Jaimon Joseph, http://ibnlive.in.com/blogs/author/326/jaimonjoseph.html#


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Monday, December 28, 2009

New Commercial Courts Bill to bring about radical reform in the adjudication has been sent to Select Committee


A Bill providing for speedy disposal of commercial cases by commercial divisions of High Courts in the country has been sent to the Select Committee of Parliament because Rajya Sabha members wanted a thorough discussion on it.

 

Under the new law, the commercial divisions of the High Courts were proposed to take up cases worth Rs 5 crore and above and follow a fast track procedure for the disposal of such cases.

Judges with aptitude in accountancy and commercial matters were proposed to be allocated to this division in various High Courts.

 

In its recently concluded Winter Session, the lower house of Parliament, the Lok Sabha, passed 'The Commercial Division of High Courts Bill', 2009. The Bill which is based on the recommendations of the 188th Report of the Law Commission of India aims at the adjudication of big ticket commercial disputes, Rs. 5 crores or above, within a timespan of one year.

 

The Statement of objects and reasons of the bill provides that due to phenomenal changes that have taken place in India in the last decade leading to enormous growth in our commercial and industrial sectors. The policies of the Government have changed radically from 1991, the year in which our economy was opened up to foreign investment in a big way. Privatization, liberalization and globalization have resulted in a big boost to our economy. At the same time, world has become very much competitive. With such rapid increase in our commerce and trade, commercial disputes involving high stakes are increasing. Unless, there is a new and effective mechanism for resolving them speedily and effectively, progress will be retarded. Against the aforementioned background, the Law Commission of India in its 188th Report on "Proposals for Constitution of Hi-Tech Fast Track Commercial Division in High Courts" has recommended the constitution of Commercial Division in each High Court. The Law Commission had examined the feasibility of 'Commercial Division' in the High Courts in India on the model of the Commercial Division in the High Courts of UK, USA and certain other countries. The Law Commission recommended the creation of 'Commercial Division' with High- Tech facilities in each High Court so that they may handle 'commercial cases' of high threshold value on fast track basis.

 

At the Joint Conference of Chief Ministers of the States and Chief Justices of the High Courts held on 16th August, 2009 in New Delhi, the 188th Report of the Law Commission of India on constitution of Commercial Division in High Courts was considered and a decision was taken in the said meeting to the effect that Commercial Division be constituted by the High Courts within itself as and when legislation in this regard is enacted by the Parliament.

 

Constitution of commercial division within a High Court will have many advantages. As of now, pecuniary jurisdiction of Civil Courts for trying civil disputes including  commercial disputes differs from State to State. In some States, District Courts are having unlimited pecuniary jurisdiction and in some other States, original jurisdiction of higher pecuniary value is vested with the High Court. States where District Courts are having unlimited pecuniary jurisdiction, the orders, judgments or decrees passed by these District Courts are appealable before the High Court. However, upon setting up of Commercial Division in High Courts, all the commercial disputes of high threshold value (Rs.five crore or higher value as may be specified) will be filed in the High Court and would be dealt with by the Commercial Division. It would speed up the disposal of these cases as District Courts would have no jurisdiction in such cases. Commercial Division of High Court would be Court of original jurisdiction for such cases.


 The specified value which is the minimum threshold limit can be enhanced by the Central Government in consultation with the concerned High Court and the State Government by notification and different values can be specified for different High Courts. The Commercial Division shall follow Fast Track procedure for the disposal of cases. The said procedure is prescribed in the Bill itself. Power of execution of decree and orders passed by the Commercial Division are also proposed to be vested in the Commercial Division. Fast Track procedure would definitely curtail the time taken in disposal of such cases.

 

The Commercial Division shall, within thirty days of the conclusion of argument, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise. A single judge sitting in the Commercial Division may hold one or more case management conferences; fix a time schedule for finalisation of issues, cross-examination of witnesses, filing of written submission and for oral submission; provide for record of evidence in cross-examination and re-examination; appoint commissioner for recording of cross-examination or re-examination provided any order for the purpose of fixing limits which may lead to the disposal of the matter for default or ex parte, shall be passed by a Bench of two Judges.

 

As of now, applications for setting aside of arbitration awards under section 34 and execution of arbitral award under section 36 of the Arbitration and Conciliation Act, 1996

have to be filed in the 'Court' as defined in clause (e) of sub-section (1) of the said Act. Such court is the Principal Civil Court of original jurisdiction in a District. District Court is normally a principle civil court of original jurisdiction. Similarly appeal under section 37 of the said Act against granting or refusing to grant any measure under section 9; and setting aside or refusing to set aside an arbitral award under section 34 of the said Act lie to the court authorised by law to hear appeals from original decrees of the Court passing the order. Further appeal against order of arbitral tribunal accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or granting or refusing to grant an interim measure under section 17 lie to a court as defined in clause (e) of sub-section (1) of section 2 of the said Act, i.e. District Court. As per this procedure, a party desirous of delaying an arbitration award has ample scope for adopting delaying tactics by challenging the award or other orders of the arbitral tribunal by starting the litigation right from the District Court level. This defeats the spirit of arbitration which is meant to be a speedy alternate mode of dispute resolution.

 

To overcome this problem it is proposed that the Commercial Division will also entertain applications under sections 34 of the Arbitration and Conciliation Act, 1996 for setting aside of arbitral award, under section 36 of the said Act for execution of arbitral award and appeal under section 37 where the arbitration relates to or within the scope of the commercial disputes of the specified value. For this purpose, consequential amendments are also proposed in the Arbitration and Conciliation Act, 1996.

 

An appeal against the order and decree passed by the Commercial Division shall lie before the Supreme Court. The decision to constitute Commercial Division is entirely within the discretion of the High Courts and the State Governments. According to the second proviso to subclause (3) of clause 1 of the Bill, the provisions of the proposed Act can be made applicable to a High Court only in consultation with the concerned Chief Justice and the concerned State Government or State Governments. Thus, sufficient time will be available to assess the likely impact on the workload on the High Courts before the constitution of the Commercial Division and enactment of the legislation will not immediately lead to an increase of workload upon the High Courts.

 

The proposed definition of 'commercial disputes' covers even IP disputes as is obvious from the following definition in Section 2 of the Bill: (a) "commercial dispute" means a dispute arising out of ordinary transactions of merchants, bankers and traders such as those relating to enforcement and interpretation of mercantile documents, export or import of merchandise, affreightment, carriage of goods, franchising, distribution and licensing agreements, maintenance and consultancy agreements, mercantile agency and mercantile usage, partnership, technology development in software, hardware, networks, internet, website and intellectual property such as trademark, copyright, patent, design, domain names and brands and such other commercial disputes which the Central Government may notify.


Typically the court assuming original jurisdictions in most commercial disputes are the District Courts. For examples the Patents Act, the Trademarks Act and the Copyirght Act all name the District Court as the court of first instance before which a suit for infringement can be filed. Normally law suits cannot be filed directly before a High Court. A High Court is usually confined to hearing appeals from District Court apart from being the only courts in a State to exercise writ jurisdiction. The only exception to this rule are the High Courts of Bombay, Madras, Calcutta, Delhi and Jammu & Kashmir. The first three were set up by the British in the 19th Century through the Indian High Courts Act, 1861. The Delhi High Court was created as recently as 1966 and is definitely the most dynamic of all these High Courts. These 5 High Courts have Original Jurisdiction i.e. lawsuits of a particular valuation can be filed directly in these High Courts provided that the High Court has the territorial jurisdiction to try these cases. Normally the territorial jurisdiction of these High Courts does not extend beyond the boundaries of the cities in which these Courts are based.


Most IP infringement suits are filed in these High Courts which have original jurisdiction as Indian District Courts are woefully underequipped to adjudicate complex high value commercial disputes. This is not to say that the High Courts, with original jurisdiction, are brimming with resources but there is no arguing that these Courts are definitely better off than the District Courts both in terms of resources and manpower.


 By setting up dedicated Division Benches in all 21 High Courts across the country this Bill will bestow Original Jurisdiction on all High Courts making them the epicentre of all commercial litigation in indiviudal states. This makes a lot of sense because most businesses are based out of the capital cities of individual states and High Courts are usually situated in these capital cities.


Image of Bombay High Court. Photo Credit: Nichalp. The 'Unbelievable' Procedural Reforms: Apart from consolidating the forums of high value commercial disputes this Bill brings in absolutely unbelievable reform in the procedural laws of India. Currently the only time limit in the Code of Civil Procedure, 1908, is the 30 days time limit to file the written statement (this is the first pleading filed by the defendant in response to the lawsuit filed by the Plaintiff).


This amendment, which was introduced in 2002, signficantly fast-tracked the process because until this statutory time limit was introduced the normal practice for the Defendants was to delay filing a written statement for upto a year after the suit had been filed. With the 30 days time limit being enforced strictly by judges Defendants actually began to file written statements within the 30 days time limit.

 

The truly revolutionary provision of the Bill however is Section 9(5) which requires the Commercial Division to pronounce a judgment within 30 days of arguments concluding and the matter being reserved for Orders. This is absolutely revolutionary because Indian judges, even judges of the High Court can take upto one year to pronounce Orders on an application for interim injunction in cases of patent infringement. Such a delay is simply outrageous. Having said that it can expected that there will be significant opposition from the judiciary to imposing this 30 day limit.

 

Another significant change introduced by the Bill is the introduction of case management conference presided by one of the Judges of the Commercial Division, to fix schedules, dates along with time limits for oral arguments.


The above timelines have been drafted with a view to ensure that judgment is pronounced with a year of the law suit being filed.


Given the fact that most IP disputes do not even reach the stage of evidence in the one year period, this Bill is definitely good news  The proposed Commercial Division Bill attempts to replicate this success by introducing time limits for every stage of a lawsuit. The Bill also proposes to consolidate the pleadings. Under the current law the only requirement at the stage of filing the suit is to submit a Plaint with some supporting documents. A plaint is limited to facts and involves no law. It basically lays out the cause of action and the relief that is requested from the Court. As per Section 9(2) of the proposed bill the Plaintiff will have to file the following pleadings and evidence along with the Plaint at the very initial stage of the lawsuit:

 

The Defendant in turn has to reply within 30 days. Additional evidence may be filed at the time of trial. The cross examination of witnesses on their examination in chief affidavits will be outsourced to a Court Commissioner who may either be a retired judge or a lawyer of some standing. This is one recommendation which will go a long way in fast-tracking commercial disputes because cross examination is the most time consuming component of a trial. This is a landmark step taken by the Govt of India.Let us wait and watch that upto what extent our law minister Virappa Moily gets success in passing the bill from Rajya Sabha. I have some reservations over the bill that i will be discussing in subsequent blogs.


Source: Spicy IP



--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Tuesday, December 22, 2009

Sudden Change of Facebook privacy policy for netizens to control what you want to share upsets millions

The way these changes have been implemented has created a sense of insecurity among the users. This has made many of the sites 350 million users see red. Now Facebook allows its users to choose their level of privacy, by letting them restrict access to either friends, friends of friends or everyone. It's a feature that has helped the site gain many users.

But with the recent change — unless users actively manage their privacy settings themselves — their information like Family and Relationship, Education and Work, and their posts will be made visible to everyone, regardless of what their previous privacy settings were. Online observers believe the revised settings are a tactical move by Facebook to get search engines to index more information from the website, in order to counter growing competition from microblogging sites like Twitter. 

Electronic privacy groups are already up in arms against Facebook. Recently, the Electronic Privacy Information Center filed a legal complaint in the US against the social networking site's new privacy settings, claiming the changes violate user expectations, diminish user privacy, and contradict Facebook's own representations.

http://economictimes.indiatimes.com

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Monday, December 21, 2009

Trade Mark (Amendment) Bill, 2009 - has been passed by Lok Sabha finally on 18th December.

Lok Sabha, has finally passed the Trademark (Amendment) Bill 2009, on the 18th of December, 2009. The bill will now be sent to the Rajya Sabha - which should hopefully have a more insightful debate on the proposed amendments. Once it is passed by the Rajya Sabha the bill become an Act of Parliament. The Trademark (Amendment) Bill, 2009 was originally introduced into Parliament as the Trademark (Amendment) Bill, 2007. The 2007 bill lapsed because of which it had to be re-introduced in July this year, the Amendment Bill aims to simplify the trademark registration process by enforcing the Madrid Protocol  which is a cost-effective system for international registration of trademarks, enables nationals of its member countries to obtain trademark registration within 18 months by filing a single application with one fee and one language in their country of origin. This in turn is transmitted to other designated countries.

 

Source: http://economictimes.indiatimes.com


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Saturday, December 19, 2009

Rajiv Gandhi School of Intellectual Property Law, LL.B. (Hons.) admission notification

Indian Institute of Technology Kharagpur

Rajiv Gandhi School of Intellectual Property Law

LL.B. (Hons.) admission notification

3-year 6-semester full-time residential LL.B. (Hons) in Intellectual Property Law
(Approved by Bar Council of India)

Eligibility: First class bachelor's degree in engineering/technology/medicine or equivalent or first class master's degree in science or pharmacy or equivalent, or first class MBA degree with any of the above

Complete details available at: http://www.rgsoipl.iitkgp.ernet.in

Online forms available from: 1st December, 2009

Online submission: 22nd January, 2010

Entrance examination date: 21st March, 2010

For further information, e-mail to admissions@rgsoipl.iitkgp.ernet.in, Tel 03222-282237/282222, Fax 03222-282238.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

WIPO Treaty for the Blind Gains Momentum,Due to US Support

The World Intellectual Property Organization is meeting this week with considerable momentum toward work on a Treaty for the Blind that would establish important copyright limitations and exceptions to ensure broader access for the sight disabled. The main aim of the treaty in question is to facilitate the cross-border sharing of special format materials made for persons with print disabilities regardless of whether these formats are made under the national law or under licensing agreements. Now the U.S. had emerged as a leader with surprising in approach. U.S. support for the treaty will dramatically increase the amount of special format material accessible to the people of the world. This is a 'surprising' turn of events because earlier this year it was reported that the U.S. was planning to block the Treaty. India was engaged in a 'thoughtful deliberation' over a statutory exception for the print disabled in its own national laws. This is a clear recognition of the efforts put in by the good people heading the 'Right to Read' 'Book Bole' Inclusive Planet Centre for Internet and Society


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

E-Court of Delhi High Court Has Seen Light of The Day

The Delhi High Court on Tuesday crossed a new milestone in its march to make its proceedings transparent, easier and faster for litigants with the inauguration of the first e-court. As it was already published on IPLex , Fancynew, and E-Courts Blogs regarding the E-Courts in Indian Perspective and its launching schedule. Justice S. Ravindra Bhat inaugurated it. It was a civil court and of the total number of cases listed for hearing for the day, 15 were disposed of in the very first hour. However, lawyers appearing before court had to function manually as the facility was not available to them on the inaugural day. However, as per the project for making the courts of the High Court paperless, they will get connected to the network very soon.

 The key feature of the e-court is the ability of lawyers to make paperless digitised submissions, including submissions where references can be hyperlinked to help the judge (or any other reader) instantly access further information on a given matter. The lawyers will have the facility to view the proceedings on their laptops when they are connected to the network.

 The courtroom now sports a screen, which as yet only passively displays the causelist. But perhaps as time goes by, one may be able to see what exactly the judge can see as well, in order to have the lawyers and the judge - literally - on the same page. Justice Bhat sat with a laptop with a huge electronic screen on the wall in front of him. The screen had been put up in such a way as to allow the lawyers and the Judge to see the cause list at the same time. The Court Master also had a laptop with him to keep him abreast of the proceedings. According to go the project, the High Court will become paperless with digitisation of all works from filing of cases to delivery of judgments within two years.

 According to the The Hindu 15 matters were heard in a matter of just one hour with no paper or files being exchanged. One thing to be careful about is the discomfort caused by staring at the computer screen constantly - the judges may need some extra tips on how to avoid that crick in the neck!

For those of you who want to read more take a look at the e-court presentation that the High Court has put up on its website here.

The E-court committee of Delhi High Court headed by Justice B.D.Ahmad is also considering the possibility of setting up a web portal for broadcasting proceedings of cases that may involve larger public interest.

The court of Justice S Ravindra Bhat looked unlike any other courtroom, with a sleek, wide LCD screen on the wall and a touchscreen handbook replacing the bulky files as the HC launched its first eco-friendly initiative to go paperless and also bring about speedy justice. 

Cumbersome paperwork has been replaced by digitalized files and judges can directly access them on a display monitor. With a target of digitalizing all documents within two years, the court has launched a pilot project which went on smoothly on the first day.

Though 33 matters were listed for the day, around 18 cases were disposed of within the first two hours, which on a routine basis take the entire day. The judge used his special LCD touchscreen to make corrections and his digital signature to certify the copy.

The lawyers gave the concept a thumbs-up, saying there were no glitches during the proceedings. ''We will be able to get rid of our bulky files. Now we have to carry only a USB device or CD of our case, which is much easier,'' said Swagat Sharma, a lawyer who appeared in the e-court. Some counsel, however, still preferred to use their paper files, an option given to them for the time being to enable them to adjust to accessing case files from their laptops

In the next two years, the Court will also create the facility for filing of cases through Internet which will eliminate use of paper in presentation of plaint or petition or appeal and its disposal. All the pleadings, evidence, orders and judgments will be documented and archived on digital media.
The court has already digitalized around 5.5 crore papers pertaining to various cases upto 2007. It is also considering recording the statement of witnesses through video-conferencing to avoid procedural delays.

Since e-filing will require digital authentication of affidavits, vakalatnamas, paper documents with physical 

signatures through suitable biometric devices and online payment of court fees, the Court will also require the help of

 the Delhi Government for providing e-stamps.Accredited agencies will assist the lawyers to get their filing papers 

digitalised on payment of fees, and the rules will also be amended to facilitate it.

Source: The Hindu, 17th December, 2009, The Times of India, 17th December 2009


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Wednesday, December 16, 2009

Soon a Cyber Crime Court in Sharjah,

 According to the Minister of Justice Dr Hadif bin Jowan Al Dhaheri, speaking on the sidelines of the third International Cyber Crimes Conference in the Capital of UAE on Tuesday, said UAE's Cyber Law will be amended to match the sophistication of online crimes that are being committed every day. A federal court to deal with cyber crime cases in Sharjah and the Northern Emirates will soon be established in Sharjah, The cyber crime court in Sharjah will follow similar courts already established in Dubai and Abu Dhabi and the law governing cyber crime needs to be updated in order to match the progress in cyber technology. Thus, UAE is studying to make amendments on the executive regulations of the cyber law. It has already three judges who have a doctorate degree in cyber crimes. This cyber court will be federal and will be located in Sharjah to deal mostly with cyber crime cases in Sharjah and the Northern Emirates,

A lot of cases happened now in UAE through the internet which has affected the economy and many businesses. The main cyber crimes involved are blackmailing and pornography, and financial frauds. The estimated loss of reported cyber crime cases in the Gulf Cooperation Council (GCC) is between $550-735 million per annum. This is not including the unreported cases as some victims – corporation and enterprises – feel that the negative media exposure would cause them more loss that what they've already lost in these cases.

The responsibility should be for the CEO and CFO to start protecting their client's information. The government's role is to put this law and should take a proactive role on this, just like the US, corporations and financial organisations which are bound by law to protect their clients' information, failing which would mean a 10-year imprisonment of the company chief executives or chief financial officers and a million dollar fine.

The upcoming changes in the cyber law and the establishment of a special court in Sharjah are positive moves.

Source: Olivia Olarto, http://www.khaleejtimes.com


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

International consensus is required on basic, necessary limitations and exceptions in copyright law for persons with print disabilities.

The United States believes that the time has come for WIPO Members to work toward some form of international consensus on basic, necessary limitations and exceptions in copyright law for persons with print disabilities. The U.S. delegation to the World Intellectual Property Organization has just delivered a noteworthy statement on its commitment to addressing copyright exceptions for persons with print disabilities.  The statement includes: This international consensus could take multiple forms, including a model law endorsed by the SCCR,. The United States is open to discussing and exploring all these options so a detailed Joint Recommendation to be adopted by the WIPO General Assemblies, and/or a multilateral treaty

The United States looks committed to both better exceptions in copyright law and better enforcement of copyright law. Not only has the U.S. called for an international consensus, it has rejected claims that addressing exceptions would weaken copyright law.Indeed, as USA will work with countries to establish consensus on proper, basic exceptions within copyright law, countries may be asked to work with USA to improve the enforcement of copyright. This is part and parcel of a balanced international system of intellectual property.It can be recognized that some in the international copyright community believe that any international consensus on substantive limitations and exceptions to copyright law would weaken international copyright law. But the United States did not agree to this  point of view. 


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

European Union Ratifies the WIPO Internet Treaties


The great step taken by the EU (European Union) on December 14, 2009 the ratification of the so-called "Internet Treaties" - the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) - which establish the basic standards of protection for copyright and related rights in the digital environment. Now EU plays a leading role in promoting use of the Internet and in developing on-line content, the ratification of the treaties will positively influence the development of creativity within the digital environment in Europe and beyond. By ratifying these Treaties, the European Union and its member states hope to breathe new vigor into the current treaty-making work of WIPO and encourage renewed commitment to moving forward on a high level of protection for creators and creative industries." Indeed the WIPO "Internet Treaties" update the legal principles underpinning international copyright protection and the rights of performers and phonogram producers on the Internet and other digital networks.

In 2001, the EU adopted a European Copyright Directive which incorporates most of the provisions of the "WIPO Internet Treaties" concluded in 1996. All 27 EU member states have now implemented the European Copyright Directive.  In 2000, the European Union and its member states took the formal decision to ratify the WIPO "Internet Treaties" together. Indeed, these two treaties also mark the first time that the EU is accorded full contracting party status in the field of copyright and related rights. The said "Internet Treaties" were adopted in December 1996 and entered into force in 2002. With these new ratifications, membership of the Internet Treaties will reach 88 for WCT and 86 for WPPT.
The "Internet Treaties" laid the ground for a balanced system of protection in the new technological environment in areas such as the interactive transmission of copyright content, limitations to copyright and the promotion of technology. After ratification of the said WCT and WPPT treaties by EU the critics of other countries copyright law will no doubt use the move to argue that other countries has fallen behind on copyright reform, it is worth noting that: most of the countries have introduced legislation designed to do the same; the European national implementations show a wide range of exceptions, opening the door to a "made-in-other country WIPO approach; for all the claims that other countries are years behind, the EU ratification arrived yesterday.

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Sunday, December 13, 2009

NASSCOM Leadership Forum 2010 will be held in Mumbai

Starts: Tuesday February 09, 2010, 08:00AM
Ends: Thursday February 11, 2010, 08:00PM
Event Type: Conference
Location: Grand Hyatt Mumbai 
Off Western Express Highway, Santacruz (East) 
Mumbai, MAHARASHTRA 400055 IN
Price:
Website: http://www.nasscom.in/nilf2010
Industry: information technology and services
Keywords:
Intended For: CXO's Business Strategists, IT and ITES professionals Analysts and business intelligence consultants Senior Government and State Government officials Venture Capitalists/fund managers/investment bankers CIOs of Indian Organizations International cus
Organization: NASSCOM

The NASSCOM India Leadership Forum 2009, a milestone event that will mark NASSCOM's 20th year, will bring under one roof industry leaders, thought gurus, analysts, Government decision makers, academia and IT users from across the world. For the very first time, the global conclave will journey through three key themes—one for each day—to completely transform the experience for delegates.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281