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, April 12, 2012

Alarming Situation of Legal Education in Few States in India



As per the results of the AIBE (All India Bar Examination) conducted in January 2012, the pass percentage of the candidates are reflecting the poor condition of the legal education in few states. The pass percentage of the three most backward states in legal education are as follows.
1.       Chhattisgarh (39.53%).
2.    Andhra Pradesh (41.38%)
3.    Gujarat (45.7 %,) came third from the bottom.
This is due to the mushrooming of Law Colleges, no bar at the entry level, inadequate number of law teachers and outdated curriculum and teaching methods. In the exam held in January 2011, Gujarat was second last among rest of the states with a pass percentage of 40%.  There are lot many colleges in theses states. In most of these colleges even attendance is not compulsory. As for exams, more or less the same questions are repeated every year and so students just mug up some of these questions.  AIBE (All India Bar Examination) is entirely a different ball game for them as it thoroughly tests the legal knowledge of a student. Most of the students from these states are used to an examination system that does not challenge their knowledge; they find the AIBE exams a tough call. As in the three-and-half hour exam, a candidate needs to score a minimum of 45 marks out of 100 to clear it.
The Bar Council of India should take it very seriously and must take serious measures to upgrade the standards of legal education especially in those states which are backward in legal education. The concerned Govts should also take it very seriously and provide basic supports to the colleges which are lacking the basic infrastructure facilities, like library, faculty, modern class rooms, moot court facilities, computers, internet, online journal etc.
As per the current BCI norms of Part IV of the Rules of Legal Education and Inspection Manual December, 2010, now opening a new law college is very very difficult. Because the startup law colleges are required to full fill the new norms which are benchmarked with global standards. That is really something great done by the BCI. We must be thankful to all the members of the “Legal Education Committee” of the Bar council of India and specially Prof. N.L. Mitra for this great job.
However the question is that how the BCI will upgrade the said poor law colleges which do not satisfy the current BCI norms and still enjoys the BCI accreditation and approval. Now they have to seriously think about these colleges and find out effective measure to regulate them. BCI should ask them either to satisfy the new norms or shut down. Then only we will be able to upgrade the standards of legal education in India in the real sense and can face the challenges of Globalization and satisfy the obligation to allow the opening of our legal service market for the member countries of WTO.

Friday, March 23, 2012

Intellectual Property Dispute between Aerolab & Sahara Force India

The dispute between Design Company Aerolab and Force India has been settled, on 23rd March, 2012, at the High Court in London. Sahara Force India was directed by the London High Court judge to pay outstanding fees of more than £700,000 to Aerolab, although Force India was handed just under £21,000 in compensation for use of its intellectual property.
This penalty comes in as a part of the declaration of an intellectual property dispute between the two teams. Despite the High Court ruling, the Silverstone-based team now plans to refer the matter to the FIA for further consideration given that using the intellectual property of other teams is banned under F1 rules. The UK High Court judgement, in respect of the illegal copying, will now be referred for the consideration of Formula One's governing body, the FIA," the team said, "whilst the Italian criminal case against Mike Gascoyne, Tony Fernandes and Jean Claude Migeot remains ongoing.

With already prevailing difficulties around reports that Vijay Mallya's Kingfisher Airlines may collapse following rising debts, frozen bank accounts, cancellation of flights and delay in salary payments, verdict on Force India might come as another blow for the tycoon. Aerolab had worked with Force India until 2009, when its ended the relationship over unpaid bills – with the company then starting work with the new Caterham team (then running under the Lotus name) just days later. Vijay Mallya's Formula One team had also alleged Aerolab and Caterham's chief technical officer Mike Gascoyne of misusing the team's intellectual property. However, Justice Arnold stated Force India "has come nowhere near establishing that. Force India claimed that the Lotus T127 had featured a large number of parts copied from Force India's design and although the court stated that the intellectual property rights had been used as a 'shortcut' it threw out claims that there has been 'systematic copying' of the design and said Force India hadn't come close to proving that to be the case.

Force India, which had prized its car designs at 15 million pounds ($23.8 million), may witness another hearing on legal costs, in May. It is said that the bill could be the final straw for struggling Mallya, who may now cede control of Force India to 42.5 per cent shareholder Subrata Roy, another billionaire of India. Relating to the teams' two-year intellectual property dispute, the High Court in London, however, also charged Aerolab for misuse of confidential information, and has asked the company to pay Rs 16.7 lakh (€25,000) to Force India. Some parts created using Force India confidential information were used on the Team Lotus race cars in the early part of the 2010 season.

Source: http://www.crash.net/f1/new,

http://sports.ndtv.com/formula-1/news/item

GMM

 


--
Prof. (Dr.) Tabrez Ahmad,
Program Director 
Allaince College of Law, Alliance University,
 City Campus -2nd Cross, 36th Main, Dollars Scheme, BTM 1st Stage 
Bangalore -560068
Central Campus- Chandapura - Anekal Main Road, Bangalore – 562106
tabrez.ahmad@alliance.edu.in
Websites: My Website <Website Website,  My Blogs , hubpages
Profiles: GoogleLinkedin , Facebook,  Peerpower
 CV ,  Research Papers , Presentations , Twitter ,  Video ,
Phone: 080-30938100

Monday, March 19, 2012

Prof. Fiazan Mustafa New VC of NALSAR

English:Image via Wikipedia
My teacher, mentor and guide, Prof. Faizan Mustafa, former Dean, Faculty of Law and former Registrar, Aligarh Muslim University, former Director, KIIT Law School, KIIT University, has been appointed as the Vice Chancellor of NALSAR Law University, Hyderabad. Prof. Mustafa is presently the Vice Chancellor of National Law University, Cuttack Orissa. Prof. Mustafa within a short time by maintaining a high class teaching and research established the National Law University Orissa and brought it to the global standards even there was lot of hurdles in his way. He designed a very innovative curriculum of NLUO and made lot of new experiments like 3 years LLM.PhD conjoint program.

Prof. Mustafa is the senior professor of Law Faculty Aligarh Muslim University and has vast administrative experience. He has a number of books to his credit, which have been widely quoted by scholars in India and abroad.
Prof. Mustafa has specialization on new areas of legal studies such as Copyright Law, Human Rights etc. He has authored  around 10 books out of which two books on the Right to information in 1997 and 2002 published much before the Right to Information Act, 2005 came into existence. Besides being a visiting faculty to a number of reputed universities in India and abroad, he is the nominee of Chief Justice of India at various university bodies.
The search committee headed by Hon'ble Justice A. K. Ganguly, former Judge, Supreme Court of India and former Chief Justice of Karnataka suggested three names including that of Prof. Faizan Mustafa after short-listing 10 candidates.
Legal fraternity of India have a great hope from Prof. Mustafa and expect that he will definitely bring the NALSAR which is number one university in India as per the current ratings to the global rankings at par with, Cambridge, Harvard & Yale Law Schools.


--
Prof. (Dr.) Tabrez Ahmad,
Program Director 
College of Law, Alliance University,
 City Campus -2nd Cross, 36th Main, Dollars Scheme, BTM 1st Stage 
Bangalore -560068
Central Campus- Chandapura - Anekal Main Road, Bangalore – 562106
tabrez.ahmad@alliance.edu.in
Websites: My Website <Website Website,  My Blogs , hubpages
Profiles: GoogleLinkedin , Facebook,  Peerpower
 CV ,  Research Papers , Presentations , Twitter ,  Video ,
Phone: 080-30938100

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Friday, March 16, 2012

Article on Comparative Analysis of Copyright Protection of Databases: The Path to Follow” published in JIPR

The paper  titled: "Comparative Analysis of Copyright Protection of Databases: The Path to Follow" , has been published today in the Council of Scientific & Industrial Research (CSIR)  Journal of Intellectual Property Rights (JIPR). Please click the below links to see the article.

 

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1839325

 

http://nopr.niscair.res.in/handle/123456789/13716

 

http://nopr.niscair.res.in/bitstream/123456789/13716/1/JIPR%2017%282%29%20111-121.pdf

 

Thanking you,

Regards,


--
Prof. (Dr.) Tabrez Ahmad,
Program Director 
College of Law, Alliance University,
 City Campus -2nd Cross, 36th Main, Dollars Scheme, BTM 1st Stage 
Bangalore -560068
Central Campus- Chandapura - Anekal Main Road, Bangalore – 562106
tabrez.ahmad@alliance.edu.in
Websites: My Website <Website Website,  My Blogs , 
Profiles: GoogleLinkedin , Facebook,  Peerpower
 CV ,  Research Papers , Presentations , Twitter ,  Video ,
Phone: 080-30938100

Wednesday, March 14, 2012

Yahoo and Facebook Patent Controversy


Yahoo Inc. on 12th March, 2012 filed a patent infringement lawsuit against Facebook, essentially accusing the social media giant of building a company based on the Web pioneer's technology.

The company filed its suit before U.S. federal court in San Jose, arguing that "for much of the technology upon which Facebook FB 0.00% is based, Yahoo got there first and was therefore granted patents by the U.S. Patent and Trademark Office to protect those innovations."

Yahoo cited patents related to "cutting edge innovations in online products, including in messaging news, feed generation, social commenting, advertising display, preventing click fraud and privacy controls."

"Yahoo! has invested substantial resources in research and development through the years, which has resulted in numerous patented inventions of technology that other companies have licensed. These technologies are the foundation of our business that engages over 700 million monthly unique visitors and represent the spirit of innovation upon which Yahoo! is built. Unfortunately, the matter with Facebook remains unresolved and we are compelled to seek redress in federal court. We are confident that we will prevail."

Facebook quickly struck back, calling the action "puzzling" and noting that Yahoo has benefited from its association with the social network. One analyst called Yahoo's suit "a desperation move."Shares of Yahoo were up less than 1% in after-hours trading.

For example, Yahoo argued that Facebook's "entire social network model, which allows users to create profiles for and connect with ... persons and businesses is based on Yahoo's patented social network technology."

Yahoo is seeking damages that it argued should "be trebled in view of the willful and deliberate nature of the infringement."

This is pertinent to mention that the watered-down patent bill that was eventually signed into law by President Barack Obama in September mostly pleased the pharmaceutical industry, yet it failed to include the reforms sought by tech companies such as Apple Inc., Cisco Systems Inc. Dell Inc. and Intel Corp.

In the end, the "first-to-file" provisions in the America Invents Act tilted the playing field even further in favor of large, established players who can afford to employ armies of attorneys.

If the flurry of patent lawsuits over mobile computing and wireless technology that have been filed since the bill's passage is any indication, the legislation will end up being no more than a full-employment act for patent lawyers.

Facebook vowed to defend itself against the Yahoo suit.

The Facebook is  disappointed that Yahoo, a longtime business partner of Facebook and a company that has substantially benefited from its association with Facebook, has decided to resort to litigation. The Facebook said to the media persons that they will defend themselves vigorously against these puzzling actions.

As per the media reports BGC Partners analyst Colin Gillis called Yahoo's lawsuit "a desperation move," which is unlikely to derail Facebook's much-awaited public offering. "It does give the impression of a desperation move on Yahoo's part.

Yahoo is considered a pioneer of the Web, but the company has struggled against bigger and more innovative rivals led by Google Inc.  Facebook is seen as a pioneer in social networking, considered the next big wave on the Web. The company has filed for an initial public offering and is expected to go public later this year, one of the most anticipated IPOs in years. 

 

Yahoo, meanwhile, has seen its business shrink in recent years.

Now, in advance of Facebook's initial public offering, Yahoo is doing to the social-networking leader what it did to Google just before its IPO: sue over technology that Yahoo pioneered yet failed to implement successfully.

In 2004, Google ended up issuing pre-IPO shares to Yahoo to settle that dispute, and there's a chance we could see Facebook doing the same.

After last year's failed attempt at patent reform, the current system is the one that tech companies will be living with for the foreseeable future. That means we'll likely see more lawsuits like Yahoo's.

That's great news for patent lawyers, but bad news for consumers. 

 

The Complaint of the Yahoo! is attached herewith with the blog.

To read the original complaint by Yahoo against the Facebook click the link below


http://tabrezahmad.typepad.com/blog/2012/03/yahoo-has-filed-a-patent-infringement-lawsuit-against-facebook.html


--
Prof. (Dr.) Tabrez Ahmad,
Program Director 
College of Law, Alliance University,
 City Campus -2nd Cross, 36th Main, Dollars Scheme, BTM 1st Stage 
Bangalore -560068
Central Campus- Chandapura - Anekal Main Road, Bangalore – 562106
tabrez.ahmad@alliance.edu.in
Websites: My Website <Website Website,  My Blogs , 
Profiles: GoogleLinkedin , Facebook,  Peerpower
 CV ,  Research Papers , Presentations , Twitter ,  Video ,
Phone: 080-30938100