Tabrez Ahmad's Technolex

Monday, January 11, 2010

Law Faculty AMU Aligarh, Organizing National Seminar on Changing Dimensions of Intellectual Property Rights in Present Economics Perspective

Subject: National Seminar on Changing Dimensions of Intellectual Property Rights in Present Economics Perspective [Feb.6-7, 2010]

Since the topic is very thematic and timely, I hope you will be interested in the deliberation of this seminar. I hope you will contribute a paper on the theme of seminar and participate. Your participation will go a long way to make the seminar not only successful but a memorable one.

INSTITUTIONAL OVERVIEW

The Aligarh Muslim University, Aligarh is one of the most reputed and prestigious academic institutions in the globe. Situated in western Uttar Pradesh, it is at a distance of 130 km southeast of Delhi on the Delhi-Howrah rail route and the Grand Trunk Road. The longitude and latitude of Aligarh city are 79˚ 40' E and 27˚ 30' N respectively. The Aligarh Muslim University, a premier Central University with several faculties and maintained institutions, was established in 1920 by an Act of Parliament. It draws students from all corners of the country as well as from foreign countries, especially Africa, West Asia and Southeast Asia. It is well acclaimed for its rich heritage, culture, best traditions, secular credentials and ethos of Indian civilization.

The faculty of Law, A.M.U is one of the oldest and well reputed faculties in India which was established in 1891 and has produced innumerable legal icons serving the nation. Popularly it is known as mother faculty because many well known law faculties in India are headed by its illustrious ex- students. The students of this faculty are rendering excellent services, both in bar as well as benches through out the nation. The faculty of Law has already introduced many new specialized subjects like Cyber Laws. Intellectual Property Rights, Human Rights, Women and laws, Environmental Laws and Clinical Legal education etc.

The Faculty of Law, A.M.U has been successfully pursuing higher academic excellence. The faculty of law Journal entitled Aligarh Law Journal is being regularly issued with numerous researches oriented articles of the eminent personalities. Monographs and text books publication is a regular feature of the faculty. Appreciating the performance of the faculty of law, Dr. Ambedkar Chair of Legal Studies and Research has been given to it which is performing excellently. One Journal Quest for Justice and various books are being regularly published by this chair also. The faculty of law has a unique distinction in arranging large number of extra mural lectures, debates, quiz, Moot Court competitions, mock trials etc. More over at the national level, the students of the faculty have been regularly participating in various competitions, thus bringing laurels to the faculty. At the level of pedagogy, the method has lost its primacy; the emphasis today is more upon interactive learning through discussions, seminars, presentations, tutorial work etc. apart from study through case laws method.

AIMS & OBJECTIVES

A spurt of interest about Intellectual Property Rights (IPR) has been visible in the country for the almost last 15 years. The recent interest started with a curiosity and an element of apprehension but now graduated to a need based compulsion and desire to introspect into the changing dimension of IPR in present economic perspective. The newly industrialized countries (NICS) gave enough vent to this concern and aimed at not only to set new rules on IPR but also to ensure that they are enforced equitably. The mandate of Trade Related aspects of Intellectual property Agreement (TRIPS) including Trade in Counterfeiting Goods (TCG) in Punta Del EST Declaration in unmistakable term enunciates to reduce the distortion and impediments to international trade by taking into account effective and adequate protection of IPR. It was also enjoined that the 'the measures and procedures for enforcement of IPR should not become barriers to World Trade Organization (WTO) and promulgation of TRIPS Agreement however have become more susceptible to infringement without adequate return to the creators of the knowledge. The Stakes of developer of technology in new economic perspective have become very high and hence the need to protect knowledge from unlawful use has become expedient to ensure globalization research and development (R&D) to ensure recovery and profit in globalized melt down economy. The globalization, multi- lateral trade and new economic order are continuously reducing the geographical barriers rendering the global trade very complex.

THRUST AND THEMES

It is under this background, changing dimension of IPR in present economic perspective become important parameters influencing trade environment and development. The IP rights in such scenario require serious engagement in view of rapidly changing technology, product life cycle and trade competitiveness. This second generation reform of Indian IP Laws poised scholars to recommend changes in the context of globalized challenges and opportunities.

The two day national seminar on Changing Dimensions of IPR in Present Economic Prospective therefore, is timely and thematic for deliberation on the following thrust areas for meaningful deliberation and recommendation of strategies for IP management and legislative reforms.

I. Impact of WTO and IPR Realization.

II. Enforcement of TRIPS Agreement.

III. Patent Laws, Indian Innovations and Licensing Policies.

IV. Challenges of Copyright and cyberspace.

V. Traditional knowledge and management in Plant variety, Geographical Indication on food and Biodiversity and Its impact.

VI. Emergence of Designs and Trade mark laws.

VII. Trade secret and Competitive law in liberalized economy.

Participation and Registration

The Seminar is aimed at capacity building in IPR teaching and research at academic and technical Institutions, government organization, research and development sector, non-governmental organization and professionals. The National Seminar aims to bring together the scholar of IPR law and policies from academics, enforcement and implementation agencies and industrial organization. The Seminar endeavors to provide a platform to share the diversity of knowledge of multi stakeholders in IPR development and research. The primary objectives of the Seminar is establishment of synergy, inter-disciplinary approaches and unified strategy to look at Changing Dimensions of IPR in Present Economic Perspectives. The registration fee will be as follows:

1. Private/Public Sector Organization Rs. 1000

2. Research and Development laboratory and Academic Institutions and Non-Governmental Organization Rs. 500

3. Research Scholars and Students Rs. 300

Registration fees are to be paid at the venue and Registration desks.

Registration Form

National Seminar

Changing Dimensions of Intellectual Property Rights in Present Economic Perspective

[February 6 -7, 2010]

Name ……………………………………………

Organization …………………………………………

Address …………………………………………

Email …………………………………………

Phone/fax …………………………………………

Payment Details ………………………………………..

Date Download the original attachment

Signature

Please mail the registration form to:

Professor (Dr.) Iqbal Ali Khan Dr. Zafar Mahfooz Nomani

Convener &Chairman Organizing Secretary

Department of Law Department of Law

Aligarh Muslim University, Aligarh Muslim University

Aligarh-202002(U.P.) Aligarh-202002(U.P)

Mobile: +91-9927008430 Mobile: +91-9897211417

For Further Details contact the following Professors:

Professor (Dr.) Iqbal Ali Khan

Convener & Chairman

Department of Law

Aligarh Muslim University, Aligarh-202002(U.P.)

Mobile: +91-9927008430

E-mail :<iakhan_1402@yahoo.co.in >

Zafar Mahfooz Nomani

Associate Professor of Law

Organizing Secretary

Department of Law

Aligarh Muslim University, Aligarh-202002(U.P.)

Mobile: +91-9897211417

E-mail :< zafarnomani@rediffmail.com>

--
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

Saturday, January 09, 2010

Film Avatar Sensitized Environment Protection

James Cameron's new movie Avatar is one of the hottest moovies in great discussion. The film is attracting lot of crowd in the theater because of the films computer generated effects and its science fiction theme, but everyone is leaving the theater with the unintended benefit of having rich information about the importance of environment protection. Film also gives us a glimpse of the future. As we are well aware that in the last year, researchers from NASA discovered water on the moon and there have already been discussions about the potential use of this resource. There is no doubt that this is very beneficial to humans on Earth but it may also have the negative impact on the ecology of the planet. Accordingly Avatar is set on the exomoon Pandora, where a wealth of natural resources is discovered. The year is 2154 and humans are attempting to exploit these resources but are challenged by the indigenous populations of Na'vi humanoid aliens.

The Pandora natives prevent humans from depleting their environment through mining. It's a plot line that motivates viewers to think and realize about the effects of construction, agriculture, deforestation and, of course, uncontrolled mining upon the land. The link to developing countries, where the impact of environmental degradation can have a momentous effect on individuals who rely primarily upon natural resources, rightly created. But film should also required to be highlighted the amount of harm made by the developed countries through different mechanisms.

This is a great movie in the sense that at least it sensitizes people regarding great problem of protection of the quality of environment and importance of food chain. Our Bollywood producers and directors must take some lessons from James Cameron to produce movies on important global issues those are relevant to human development instead of producing masala movies.

--
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, January 07, 2010

Saudi Economy is Affected Due to Weak IPR Regime

Third symposium on the laws of the intellectual property rights opened Tuesday at the Jeddah Chamber of Commerce and Industry .The two-day symposium under the title: "Litigation and Compensation In Intellectual Property Rights, organized on 6^th and 7^th January 2010 by Saudi Law Training Center (SLTD) discussed the issues pertaining to intellectual property rights including: patent, trademarks, copy rights, the settlement of cases and other issues. "The intellectual property rights, with its two divisions of arts and industry, is an integral part of human life in science, culture, food, medicine, engineering, electronics, furniture, perfumes, clothes and others.

As per the speakers in the symposium "he excessive number of organizations allowed to rule on issues concerning intellectual property rights in the Kingdom has weakened the application of laws and regulations concerning it" and the aggression against the intellectual property rights cost the Saudi economy billions of riyals every year . Local and foreign experts have participated in the symposium being organized by the SLTC in collaboration with the Ministry of Culture and Information. The center has signed agreements and MOUs with a number of universities and law centers in various parts of the world in order to exchange expertise and trainees.

The bodies concerned with issues relating to intellectual property rights in Saudi Arabia included the Ministries of Culture and Information, Commerce and Industry, Rural and Municipal Affairs, the Department of Customs, King Abdul Aziz City for Science and Technology and the Court of Grievances. There are more than 100,000 cases of intellectual property rights now being investigated by all these bodies. This has prolonged the litigation period and made it difficult to follow up the cases. The ministry had established a committee on copyrights under the chairmanship of the undersecretary of the ministry; the committee is composed of experts in law, Islamic Shariah and information and is charged with protecting the material and moral rights of authors and writers.

Source: http://www.arabnews.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

Sunday, January 03, 2010

Puneri Pagdi is given geographical indication status

In India, there are certain headgears that are unique and happen to be pride of the particular region. One of them is Puneri Pagdi, and the Himachali topi is another famousheadgear. It is good that Shree Puneri Pagdi Sangha recently managed to obtain geographical indication (GI) status for the famed Puneri Pagadi, the traditional headgear of Maharashtrians, and thus ensure its conservation. The move to acquire the GI status for the famous headgear, which is considered to be the hallmark and honour of Pune, was mooted by the Pune's Shree Puneri Pagadi Sangh.

This headgear was the index of India''s revolutionary freedom fighters Balgangadhar Tilak and Gopal Krishna Gokhale, who sported the Puneri Pagdi with pride.

The Geographical indication (GI) status will make the headgear famous all over the world by the name of Puneri Pagdi. No one would be able to manufacture them through wrong means and would not be able to amend the traditional way of making them," said Girish Murudkar, member, Shree Puneri Pagadi Sangha. Great Mission Group Consultancy (GMGC), also based in Pune had completed the formalities for the grant of GI.

The GI status aims at promoting the economic prosperity of producers of goods in a geographical area. Usually, the tag is granted to goods that essentially originate and are produced in a defined geographical locality and region. Geographical indications are covered as part of intellectual property rights. With the endorsement of the GI, no turban made outside Pune region can be legally sold under the name of Puneri Pagadi and this will benefit local artisans.

The Puneri Pagdi can be popularised as a souvenir showcasing Indian tradition. Even the local artisans will gain employment by this.

Source: http://yahind.com , 3/1/10.

Saturday, January 02, 2010

Copyright Controversy over film 3 Idiots and Chetan Bhagat's Novel "5 Point someone".

Author Chetan Bhagat in his blog post has accused makers of the film '3 Idiots', modelled after his best-selling debut novel 'Five Point Someone', of not giving him credit for the story. Bhagat was paid an amount of Rs 9.9 lakhs for rights of the film, according to a document posted on Chopra's website. As per Chetan film makers added a story credit right upfront, without his name, negating his contribution. He also accused the makers of '3 Idiots' of "copying an original story and claiming it to be different." Film"3 Idiots", which released on December 25, grossed over Rs 130 crore in 7 days and is on its way to becoming one of the biggest hits of last year.

Bhagat, who has written four books so far and is one of India's most successful authors, said he was hurt that the credit for the story of the film went to Hirani and co-writer Abhijat Joshi.

Bhagat, who sold the rights of his book to producer Vidhu Vinod Chopra" by a contract , giving the right to modify or change the story to the producers. The contract also clearly states that credit shall be given to him in the rolling credits of the film, which was duly done," director Rajkumar Hirani said.

Chopra apologised to the media later, but by then the issue had turned into a mini-storm, with television channels replaying footage of his outburst and social networking sites like Twitter abuzz with comments.

Source: http://in.reuters.com, 2nd January, 2010

--
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

5,400 people were nabbed in China for online porn in 2009

Purification of the Internet" and fighting of online crime are closely tied to any country's stability. Pornographic content seriously pollutes the online environment, depraves social morals and poisons the physical and psychological health of the masses of young people.

China plays a very effective role by pervasive policing of cyberspace and attempts to block the Internet are among the world's most stringent. To strengthen the Internet policing Nearly 5,400 suspects caught last year (2009) by Chinese authorities in a crackdown on online pornography. Nearly 9,000 pornographic Web sites have been deleted from the Internet and 5,394 suspects captured in 2009, although it did not clear that how many of them were formally arrested or charged. Many foreign sites have been blocked by China's Internet authorities, including YouTube, Facebook, Twitter and a host of other media and news Web sites. Main targets of its Web censorship are pornography, gambling and other sites deemed harmful to society. Critics, however, say that often acts as cover for detecting and blocking sensitive politicalcontent. Its restrictions of the Internet are often referred to as the "Great Firewall of China."

Efforts will be taken to focus on China-based operators of overseas-registered Web sites and companies that provide Internet services, or register domain names or rent virtual space to sites with pornographic content. The ministry also offered rewards to members of the public who provide useful information in policing efforts.

Source: http://blog.taragana.com

Friday, January 01, 2010

A to Z of Cyberlaw, 2009.

The past twelve months in Cyberlaw were exceptionally active, with the amendment in Information Technology Act 2000, Cyberlaw as a field grew tremendously in the year 2009, and faced different battles over various law and technology issues. The struggle between the rights of sovereign nations to preserve national security and integrity vis-a-vis the personal private rights of individuals pertaining to privacy continued to grow and Cyber terrorism as a phenomenon firmly established itself as an important challenge before national governments and sovereign nations. The issue of distribution of content and data over computer resources located in different territorial jurisdictions connected to the cloud managed to gain enough significant recognition. My blogs for e.g Cyberlaw, Technolex, Technolexindia, and, IPLex, take a re-look at 2009 from A to Z:

A. Anti-Counterfeiting Trade Agreement, the secret copyright treaty that generated opposition in India and abroad as details on proposed language leaked out.

B. Barring a few offences, almost all cyber crimes in India have been made as bailable offences where the accused is entitled to bail as a matter of right.

C. Cyber terrorism was declared as a heinous crime punishable with life imprisonment and fine under the terms of the amended Information Technology Act 2000.

D. Deviation from stringent punishment for cyber criminals by enacting the Information Technology Amendment Act.2009.

E. Electronic evidences have been destroyed by some cyber criminals after released on bail. They have gone ahead of the Information Technology Amendment Act 2009.

F. Facebook, agreed to make significant privacy changes following a well-publicized investigation by Privacy Experts.

G. Google Street View, which launched, but not before a House of Commons committee probed the likely impact of the new mapping feature.

H. Harassment is specifically brought within the ambit of the Indian Cyberlaw.

I. i4i, the tiny Toronto firm that scored a big patent victory over software giant Microsoft, Identity theft continued to be a major cyber crime mover in various jurisdictions.

J. Jonathan Zitterain, chair Professor of Internet Law and Society, has done good contribution to growth of cyberlaw.

K. K is for CRTC chair Konrad von Finckenstein, who was in the spotlight with hearings on regulation of new media, Internet traffic management, and broadcast fees.

L. Legislative initiative, recently taken by the Govt. of India although laudable in its objectives, is likely to have counter-productive consequences if it is not regulated properly.

M. Misuse of confidential data and information is have good recognition under IT Amendment At 2009.This subject was continuously engaged the attention of the relevant stakeholders in different jurisdictions.

N. Notification and implementation of Information Technology (Amendment) Act 2008, defamation, cyber and nuisancenow specifically brought within the ambit of Cyberlaw in India.

O. One-click, the controversial Amazon.com business method patent that was denied validity by the Canadian Patent Appeal Board.

P. Psion, the Toronto-owned firm that threatened Dell over the use of the term "netbook."

Q. Queen v. Vasic, a criminal case in which an Ontario court ruled that combining Internet provider customer name and address information with IP address data could render the information sensitive.

R. Reduction of the quantum of punishment of cyber crimes by the Information Technology Amendment Act 2008, gives virtually a signal to cyber criminals to come and explore the fertile soils of India for perpetuating the cyber criminal designs and intentions.

S. Statistics of cybercriminal convictions are against India. A country of more than a billion populations and only a couple of cyber crime convictions is a question mark on the way cyberlaw in India being implemented.

T. TV Tax and Local TV Matters marketing campaigns that irritated various peoples from coast to coast. Tremendous improvement in cyberlaw over the earlier cyberlaw yet it brought forward its own practical peculiar problems and drawbacks.

U. Unwanted telemarketing calls that kept coming despite the existence of a various national do-not-call list.

V. Veit Joanne, an Alberta judge who ruled that Alberta Information and Privacy Commissioner Frank Work was wrong when he concluded the City of Edmonton can't force pawnshops to upload personal client details to an outside company's database.

W. WindMobile, the operating name of Globalive, a new wireless carrier that was told by the CRTC that it did not comply with foreign control restrictions, only to have the federal Cabinet overrule the regulator weeks later.

X. "X" on electronic voting technologies, which Election authorities of various countries reportedly considering.

Y. YouTube, which received a video takedown demand. The crown corporation objected to a union-inspired video about the mail carrier's CEO.

Z. Zoocasa, the real estate search site that was sued by Century 21 for scraping listings from its website.

After going through A to Z developments in the field of cyberlaw in 2009, it is evident that Information technology issues are growing faster than expected. These developments are posing challenges before cyberlaw policy makers at international level in general and national level in particular. Let us just not wait and watch but be ready with better regulation, control, protection and management of rights and liabilities in fast growing digital world to have better knowledge economy.