Tabrez Ahmad'sTechnolex


Tabrez Ahmad's Technolex

Technology, Education R&D, Consultancy,Hyperawareness,ODR,

Network of Law

The objective of the blog is to provide a fair analysis and awareness of legal issues in an easy way for the understanding of the people at large


Thursday, February 18, 2010

Workshop on How to Manage Online Identity in ILI New Delhi

Cyberspace & Intellectual Property Foundation (CIPFO)

 

is organising a workshop on

 

"How to Manage Online Identity"

 

Feb. 26, 2010 - Indian Law Institute, New Delhi - India

http://www.cipfo.org/managing_online.php
 

The workshop shall focus on technical, legal, and social aspects of Domains and User Names in Web 2.0 environment including those created on Facebook and Twitter.

 

Well-known experts from legal and new media would share their views and experiences.

 

Current and upcoming Internet entrepreneurs can ask their queries in the Q&A session that would follow the various sessions as mentioned below -:

- Choosing the right Domain Name

- How to Protect your Domain Names

- Whats in a name , A Web 2.0 perspective

- Buying and Selling of Domains

The workshop is being organised by Cyberspace and Intellectual Property Foundation (CIPFO), an organization headquartered at New Delhi, India, formed with an aim to disseminate knowledge about the Cyberspace and Intellectual Property and is a fusion of Internet and intellectual property professionals .


A certificate of participation shall be provided to the registered participants after the  successful completion of the workshop.

Registration & Pricing

Interested participants can see the program details and register with us by following the link below and completing the Registration formalities.


Click for Workshop Registration


A fee is charged from the participants as per following :


One Delegate - Rs. 3,000/-


Two or more delegates from the same organization get 10% discount.


For further queries contact.

 

Jay Paudyal,

CIPFO - Cyberspace & Intellectual Property Foundation

18 - Pusa Road, Third Floor,

New Delhi - 110005. India,

Phone No. : +91.11.28755155

Mobile No. : +91.9871414444  
Email : contact@cipfo.org
Web :
www.cipfo.org

For further details log on to: http://www.cipfo.org/managing_online.php

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com 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

Thursday, February 11, 2010

National Biotechnology Regulatory Authority is the Need of Hour

The lack of confidence in bio-tech products is not a good news for innovation in the bio-tech sector in India. That will badly hit the development and growth in the said sector. As we have seen from the last few weeks there were lot of protests against the introduction of BT Brinjal into the Indian market. The Ministry of Environment under the stewardship of Jairam Ramesh has attempted to convince the Indian people that this latest innovation has been tested adequately as per the law of the country and that the same were safe both for the environment and for human consumption. But he was miserably failed to convince the Indian people and ultimately the Ministry has announced that it is withdrawing its proposal to introduce BT Brinjal in the Indian market. This raises a big question of what exactly is the regulatory mechanism for biotech products in India?
Currently the biotech sector is regulated by the Ministry of Environment and the Department of Biotechnology which functions under the Ministry of Science and Technology.The said Ministries have two further committees under them รข€" The Genetic Engineering Approval Committee (GEAC) and the Review Committee on Genetic Manipulation (RCGM). While the latter is the apex body functioning under the Ministry of Environment, the latter functions under the Department of Biotechnology.
The only legislation which is vaguely related to these Committees is the Environment Protection Act, 1986. The Committees are mostly regulated by a complex web of rules and regulations drafted by the bureaucrats of these Ministries who are of-course non professionals of biotechnology.
The moot question is why India is lagging behind to regulate the very important sector which can ensure the food security? So the National Biotechnology Regulatory Authority Bill which is pending in the parliament from the last few years should get clearance from the cabinet committee and be passed as quickly as possible.

Source: Spicy IP


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com 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

Sunday, January 31, 2010

What is Cyber forensics?

Cyber Forensics and Cyber Crime investigation process goes through: Collecting Evidences from Digital Medias, Analysis of Evidences, Opinion or Report Writing. There are four basic steps that are followed in conducting a cyber forensic analysis: Identifying sources of evidence, Securing found evidences and preserving identified evidences, analyzing the evidences, Documenting found and analyzed evidences.

The evidence must be extracted and presented in a way that preserves its "evidence value" So the cyber forensics can be defined as the process of extracting information and data from computer storage media and guaranteeing its accuracy and reliability. The challenge of course is actually finding this data, collecting it, preserving it, and presenting it in a manner acceptable in a court of law.Cyber Forensics is a challenging and interesting field, which gives a job satisfaction. 

Cyber forensic experts can find employment in both the government and the private sector. To be a Cyber Forensic Expert, person should have a wide range of knowledge and experience about- Cyber Forensics including Cyber Crimes, Hacking, Spamming, Viruses, Tracking user activity, forensic imaging & Verification, Data recovery and analysis, File types (extensions), Encryption, Password breaking etc with basic understandings about programming languages & Operating systems like- Windows, Linux, Mac, Java, Symbian etc, and also have knowledge about legal issues, acts, laws, responsibilities etc related to digital evidence. Person must have interest in Cyber Forensics, who enjoys the investigation process and have ability to work hours continuously.

The global dependency on technology combined with the expanding presence of the Internet as a key and strategic resource requires that corporate assets are well protected and safeguarded. When those assets come under attack, or are misused, infosecurity professionals must be able to gather electronic evidence of such misuse and utilize that evidence to bring to justice those who misuse the technology.

Encase (Guidance Software's)and Forensic Tool Kit (FTK, Access Data) are the widely used tools in Cyber Forensics for Recovery and Imaging of media, all over the world, Opinions based on Encase or FTK are acceptable in any court of world. These tools plays very important role in Cyber Forensics Investigation, but many times success is depend upon the expert's knowledge, skill and experience.

The anonymity provide by the Internet, and the ability for society’s criminal element, to use information technology as a tool for social and financial discourse, mandates that those professionals charged with the responsibility of protecting critical infrastructure resources, have the tools to do so.Every crime scene contains evidence; this is because of Locard's Principle, this principle is also applicable in Cyber Forensics, as every activity on computer leaves its traces.Electronic evidence is fragile and can easily be modified. Additionally, cyber thieves, criminals, dishonest and even honest employees hide, wipe, disguise, cloak, encrypt and destroy evidence from storage media using a variety of freeware, shareware and commercially available utility programs.Cyber Forensics is the process of recovering evidences from Digital Medias. According to Robbins' definition, Computer Forensics involves the preservation, identification, extraction and documentation of computer evidence stored in the form of magnetically encoded information data.

Computer forensics has also been described as the autopsy of computer storage Medias for evidence. Chris LT Brown defined cyber forensics as the art and science of applying computer science to aid the legal processes. 
A simpler definition would be the examination of computers, cyberspace and other electronic devices for evidence that might have forensic value. Cyber Forensics Expert never works on Original or Evidence media. He first create Image file of the original disk and check its signature (MD5 hash) for accuracy and then follow all the investigation on duplicate media.

Cyber forensics, while firmly established as both an art as well as a science, is at its infancy. With technology evolving, mutating, and changing at such a rapid pace, the rules governing the application of cyber forensics to the fields of auditing, security, and law enforcement are changing as well. Almost daily, new techniques and procedures, are designed to provide infosecurity professionals a better means of finding electronic evidence, collecting it, preserving it, and presenting it to client management for potential use in the prosecution of cyber criminals.

Monday, January 25, 2010

Internet Censorship in China is Politically Motivated and it May Reduce Growth of E-commerce and M-commerce.

Denial of Chinese Govt. of cyber attacks on Google reflects Irresponsible behavior towards internet regulation. On 25th January, a spokesman for the Chinese Ministry of Industry and Information Technology rejected claims that the state had anything to do with the attacks on Google and at least 33 other companies.The spokesman not mentioned any thing regarding the attacks on Indian PMO office computers that was also attacked by Chines hackers on the same day. As it is already proved by Google that the attacks targeted the email accounts of Chinese human rights activists and the subsequent investigations also showed that the accounts of dozens of activists in the US, China, Europe and India's PMO office "have been routinely targeted by hackers from China.

 The Chinese government instead of investigating the case and catching the culprits simply denying the involvement looks very casual and irresponsible behaviour towards proper regulation of internet.That is must in the popping up boundary of Internet due to globalization.China has also restricted free access to information that is violation of the basic rights of netizens. Even the censorship will hamper the growth of e-commerce & m-commerce in China itself. Countries that censor news and information must recognize that from an economic standpoint, there is no distinction between censoring political speech and commercial speech.

There is no doubt that If businesses in any country are denied access to either type of information, it will inevitably reduce growth.Last week, however, China reiterated that Google and other foreign outfits must obey local law. That same day, Google postponed the launch of two Android phones in the country.

Hope the China will do some introspection by realising the importance of cyberregulation and control the baviour of unregulated army of 3 lakh hackers negatively playing with Interest of foreign establishments by staying in china.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com 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, January 19, 2010

Bharti-Walmart flagship brand faces Trademark opposition in India:


The management will fight to protect intellectual property of its Great Value label; applications filed in '08

 Wal-Mart Stores Inc., which recently launched several of its global private labels in India, through joint venture Bharti-Walmart Pvt. Ltd, is facing opposition to efforts to register its flagship brand Great Value (GV) here, according to information from the Indian trademark office's website.

"Wal-Mart has registered Great Value in various countries including India and we aggressively protect it as our intellectual property," a Bharti-Walmart spokesperson said in an email statement.

The spokesperson, however, denied knowledge of any opposition.

"Currently, Wal-Mart is not aware of any opposition to our GV brand but, if necessary, we will take necessary steps to protect our intellectual property," the spokesperson added.

Bharti-Walmart, the US retailer's joint venture with Bharti Enterprsies Ltd, had filed in 2008 about a dozen applications to trademark Great Value's logo: 'GV' in a circle emblazoned with 'Great Quality. Low Prices.' The applications were in various categories—baby food, dental wax, dried fruits, jellies and jam, bleaching preparation, soap, cosmetics, hair lotions and others, according to information from the trademark office. Most of those applications are being opposed, according to the trademark office's website.

Bharti-Walmart has already launched several Great Value products including tea, snacks, ketchup, dish-washing bar, toilet cleaner and glass cleaner; it plans to launch more in coming months, according to the company.

It takes about two years for India's Controller General of Patents, Designs and Trademarks to scan and process any application before they are put in the public domain. Any kind of opposition to a trademark application can be made within four months from the day the trademark office makes any application public, trademark lawyers say. Bharti-Walmart's applications were made public late last year and most of its applications are being opposed.

Mint couldn't ascertain the identity of the individuals or companies opposing the Bharti-Walmart applications. Bharti-Walmart had earlier filed dozens of trademark applications seeking to trademark Indian-sounding names including Sankskar, Sabhyata, Cimran, Sur, Sitrali, Pranay, Srishti, Jovaki, Amokhya but the company faced opposition to most of the applications. It now says it will not contest the opposition.

"The application for registration of Astitva and a few other names was filed in August 2008. However, based on consumer feedback and legal opinion we went ahead with the brand name Astitva as our private label brand for Indian ethnic products. Some of the other names that had been filed for registration (except for Astitva) will lapse as we will not be pursuing them further," the Bharti-Walmart spokesperson added.


Source: livemint.com
Publication date: 1/19/2010

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com 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

List of 44 Deemed Universities going to be de-recognised in India


The PN Tondon Committee constituted by the Central Government has submitted its report recommending de-recognition of following 44 deemed Universities due to lack of infrastructure facilities and undesirable Management of the Universities.So The Ministry of HRD has submitted an affidavit before the supreme Court regarding de-recognition of 44 deemed Universities all over the Country.


1 Academy of Maritime Education and Training, Chennai, Tamil Nadu
2 Bharath Institute of Higher Education
3 BLDE University, Bijapur, Karnataka
4 Chettinad Academy of Research and Education, Padur, Tamil Nadu
5 Christ College, Bangalore, Karnataka
6 D.Y. Patil Medical College, Kolhapur, Maharashtra
7 Dr MGR Educational and Research Institute, Chennai, Tamil Nadu
8 Graphic Era University, Dehradun, Uttarakhand
9 Gurukul Kangri Vishwavidyalaya, Hardwar, Uttarakhand
10 HIHT University, Dehradun, Uttarakhand
11 Inst. of Advanced Studies in Education of Gandhi Vidya Mandir,Sardarshahr, Rajasthan
12 Jain University, Bangalore, Karnataka
13 Janardhan Rai Nagar Rajasthan Vidyapeeth, Udaipur, Rajasthan
14 Jaypee Institute of Information Technology, Noida, Uttar Pradesh
15 Kalasalingam Academy of Research and Education, Virudhunagar, Tamil Nadu
16 Karpagam Academy of Higher Educatioin, Coimbatore, Tamil Nadu
17 Krishna Institute of Medical Sciences, Satara, Maharashtra
18 Lingaya's University, Faridabad, Haryana
19 Maharishi Matkandeshwar University, Ambala, Haryana
20 Manav Rachna International University, Faridabad, Haryana
21 Meenakshi Academy of Higher Education and Research, Chennai, Tamil Nadu.
22 Mody Institute of Technology and Science, Sikar, Rajasthan
23 National Museum Institute of the History of Art, Conservation and Museology, Delhi
24 Nava Nalanda, Nalanda, Bihar
25 Nehru Gram Bharati Vishwavidyalaya, Allahabad, Uttar Pradesh
26 Noorul Islam Centre for Higher Education, Kanyakumari, Tamil Nadu
27 Periyar Maniammai Institute of Science and Technology, Thanjavur, Tamil Nadu
28 Ponnaiyah Ramajayam Institute of Science and Technology, Thanjavur, Tamil Nadu
29 Rajiv Gandhi National Institute of Youth Development, Sriperumbudur, Tamilnadu
30 Santosh University, Ghaziabad, Uttar Pradesh
31 Saveetha Institute of Medical and Technical Sciences, Chennai, Tamil Nadu
32 Shobit Institute of Engineering and Technology, Meerut, Uttar Pradesh
33 Siksha Anusandhan, Bhubaneswar, Orissa
34 Sri Balaji Vidyapeeth, Puducherry
35 Sri Devraj Urs Academy of Higher Education and Research, Kolar, Karnataka
36 Sri Siddhartha Academy of Higher education, Tumkur, Karnataka
37 St Peter's Institute of Higher Education and Research, Chennai, Tamil Nadu
38 Sumandeep Vidyapeeth, Vadodara, Gujarat
39 Tilak Maharashtra Vidyapeeth, Pune, Maharashtra
40 Vel Tech Rangarajan Dr Sagunthala R&
41 Vel's Institute of Science, Technology and Advanced studies (VISTAS), Chennai, Tamil Nadu
42 Vignan's Foundation for Science Technology and Research, Guntur, Andhra Pradesh
43 Vinayaka Mission's Research Foundation, Salem, Tamil Nadu
44 Yenepoya University, Mangalore, Karnataka

Source: http://www.indiastudychannel.com  visited on 19/01/10
 


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com 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

Sunday, January 17, 2010

Intellectual Property Regime and the Development of Orissa

Due to fast growth of biotechnological research units at different parts of world, coming days will witness more of development of transgenics that can meet the challenges due to climatic changes, environment pollution and enhanced production from unit land. This will definitely boost the growth of Intellectual Property (IP) in the state. Since technologies are now available for transfer of gene across taxa and there is greater scope for genetic manipulation, 21st century will witness trade of gene across boundary. Protection to traditional knowledge associated with agriculture is also required to forestall any attempt by other institutions/countries from acquiring illegal rights on them.

 

Orissa being a gene rich state can derive full advantage from this trade provided suitable measures are taken for conservation and protection of genetic resources. Similar steps need to be taken in case animal, fish, and microbial genetic resources. This can be achieved through systematic survey, collection and publication in appropriate media including the digital ones. Through the genetic manipulation of different crop species and their wild relatives either conventionally or through biotechnological approach, the state can produce wide array of plant varieties/transgenics for commercial exploitation.

 

 

Orissa rich in agro-biodiversity has vast potential for plant variety development. Being the hot spot of rice and many other crops including medicinal plants, cucurbits. brinjal, pulses, the state is rich in genetic resources. Orissa being a state-known for its excellence in art and craft and traditional knowledge can take this opportunity in its favour. Government has already initiated steps for the registration of Kotpad Saree and Baragarh Saree dying technology under this act to protect the interest of producers of these two GI. Similar scope exists in the field of agriculture that needs to be identified and steps need to be taken for their registration at GI Registry Chennai.

 

This will enhance the export potential of agricultural goods services and provide protection against misuse of GI by unscrupulous traders/unauthorized users. Literary creations, musical works, dramatic works, sculptural works, motion pictures, computer software, gene sequences etc. can be protected under copyright Act. Wealth can be generated from their protection and exploitation in the trade and commerce.

 

Enforcement of Protection of Plant Varieties and Farmers Right Act-2001 and initiation of registration of plant varieties since February 2007 provides scope of not only registering the extant plant varieties of the state developed by public/private R & D, units but also registration of farmers' variety developed by the farming community. Any community/group of farmers, farmer's society, claiming to be the breeder and successor of breeder of any farmer's variety can register their variety (ies) and derive full commercial benefit from their trade. Funds are being provided from the national gene fund for rewarding gene saviours and for conservation of threatened genetic resources. State government should initiate appropriate steps in this regard so as to take full advantages of different provisions of the PPV and FR Act. Geographical indications (Registration and Protection) Act, 1999 provides protection (Gl) to geographical indications of the country.

 

Besides the act has also made provision to recognize and reward farmers/farming communities who have played the role of saviour of the genetic resources of any crop/species through their age old effort in conserving, maintaining the traditional varieties, land races and agro-biodiversity of crops.  Steps to boost such kind of activity and protection to both existing and new creations and exploiting them in commerce will definitely help to improve the economic condition of individuals agencies associated with such activity. This will facilitate flow of knowledge in the society and conservation of creations which are either in unsafe state or in a state of erosion. Wide scope also exists in the state for boosting design trade particularly in agro industry sector.

 

The said discussions are only a few of many points available for development of agriculture in the state through generation, protection and commercialization of knowledge associated with agriculture and allied sector. Hope state can take full advantage of globalization process and IP regime to make it prosperous and developed in a highly competitive world. Design of agricultural machinery, equipments, and containers of different agricultural product can be protected under Indian design Act 2000 and can be commercially exploited for the growth and development of this sector. Agricultural Industries, food processing plants, traditional healers of disease can protect their IP even through Trade mark or Trade secret.

 

Industries/Institutions providing services and goods can protect their goodwill in business through registration of trademark or through appropriate confidentiality agreement in case of protection intended through trade secret. There is very good news for Orissa peoples that recently by cooperation with various stakeholders in the School of Biotechnology, KIIT University a business incubation centre is established. I am also cooperating with centre as an Intellectual Property Law advisor. Now peoples are coming with different IP issues and getting proper solutions that is providing further motivation to the IP creators.

 

 

References:

1. Gupta, Anil, K.; and Vikas Chandak (2005) competitive strategies for agricultural technology development and export through value addition: the International property right prospective.

2. Mashalkahr, R.A. (2005). Intellectual Property Rights and the third world. Current Science 81(8): 955 965.

3. Baburam Singh, www.orissa.gov.in/e-magazine/Orissareview/2009/Jan



--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com 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