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.
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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, 17^th December, 2009, The Times of India, 17^th 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

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.

Source: http://www.wipo.int

--
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