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


Saturday, November 17, 2012

'Amul' loses trademark battle against US giant in Gujarat HC


The Gujarat High Court has refused to set aside an order which cancelled Amul's registration of its trademark Trix, on which a US firm has claimed its right.
In July this year, the Intellectual Property Appellate Board had directed Registrar of Trademarks to cancel Amul's registration of Trix trademark.
A Division Bench of Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, in a recent judgement, dismissed the petition filed by Kaira District Cooperative Milk Producers Union Ltd, owner of Amul, seeking cancellation of trademark Trix registered in favour of US food giant General Mills.
Amul, 35 years after registering the trademark and after General Mills' entry into Indian market as late as in 1995, had questioned the US firm's right over Trix.
Gujarat Cooperative Milk Marketing Federation (GCMMFL), which markets milk and milk products under Amul brand under a licence from the petitioner, registered Trix (coined from the word TRICKS from the concept of appearing and disappearing tricks as in magic show) as a trademark in 1977.
"In 1986 we launched a chocolate under Trix trademark. We advertised it in a manner that it was so tasty that the chocolate bar just disappears/melts in mounth quickly," according to the petition.
However, Amul stopped using Trix in 1987.
US food giant's subsidiary, General Mills India Pvt Ltd, came into existence in 1995. In 2005, it applied for registration of trademark Trix claiming that in various countries it was holding the same trademark since 1910.
Since Amul already owned the trademark, General Mills India's application for registration was rejected.
Meanwhile, the US firm forayed into the Indian market by introducing a snack under the trademark 'Dip-Trix'. At the same time Amul also planned a re-launch of its Trix brand for a wafer-chocolate, which was introduced in 2007.
This led to a legal battle between the two giants.
Amul objected to unauthorised use of Trix by General Mills. The US giant challenged Amul's claim over Trix by filing a rectification application with Intellectual Property Appellate Board (IPAB), Ahmedabad.
On July 16, 2012 IPAB directed the Registrar of Trademarks to cancel Amul's right over the trademark. The dairy brand challenged the board's verdict in the HC, arguing that IPAB had erred in its ruling.
"The Board, despite taking on record and recognising invoices of the year 2007 for the sale of wafer chocolates under its registered trade mark Trix, clearly erred in allowing the said application," Amul claimed.
"Rectification application could not have been allowed as there was use of its registered trademark Trix in December 2005 by AMUL leading to sale in May 2007 (of wafer chocolates) - that is during the statutorily required period of non-use for a period of five years and three months before the date of rectification application," it said.
However, the Bench did not find any error with the board's conclusion. "We are of the view that no error, much less an error of law, could be said to have been committed by the board in passing the impugned order. For the foregoing reasons, we do not find any merits in this petition and the same is dismissed," the HC noted.
Source: http://www.dnaindia.com  17th November, 2012

Tuesday, November 06, 2012

The Supreme Court (SC) in Philippine on Tuesday issued a temporary restraining order (TRO) on the implementation of the Cybercrime Prevention Act.

According to reports, the SC gave unanimous verdict for the issuance of the TRO.

The report published on philstar.com stated that fifteen petitions were filed before the Supreme Court questioning the constitutionality of the new cyber law, which President Benigno Aquino III had signed on September 12.

The TRO's issuance came as the Department of Justice (DOJ) was reportedly holding a cybercrime forum in its office in Manila.

DOJ Assistant Secretary Geronimo Sy reportedly said the law will not target bloggers and social media users, and he added that the law would deal with the "most pernicious" crimes.

Sy said the DOJ is uninterested in personal communications among social media users, belying claims that the law would hamper free speech on the internet.

He further added that the DOJ would not allow any politician to use the law to get back at his critics.

According to him, the first case filed before the DOJ under the new law involving the sex video of a 17-year-old girl, who was first abused when she was 15.

"The video is all over the internet. The permanence is there. She can no longer face anyone. Can we stop the videos? No. What we can do is to provide counselling to the woman, change her identity and to have her relocated. This case validated 10 years of work of frustration. So long as we can help one Filipino and one vulnerable [person, this is worth it]," the report quoting Sy said.

Source: http://indiatoday.intoday.in

Saturday, October 20, 2012

Cyberlaw, E-Commerce & M-Commerce


Cyberlaw, E-Commerce & M-Commerce : 9788176483834

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Book Description

Title: Cyberlaw, E-Commerce & M-Commerce
Author: Tabrez Ahmad
Publisher: APH Pub. Corp.
Year: 2012
ISBN 13: 9788176483834
ISBN 10: 8176483834
Printed INR: 895.00
Binding: Hard Cover
Pages: 425
Edition: 0
Volume Details: 
Reprint: Yes

The paper of Dr. Tabrez Ahmad: Title , "CONCEPT OF CONSUMERISM IN INDIA: JUDICIAL ATTITUDE", was recently listed on SSRN's Top Ten download list for: LSN: Administrative Enforcement




The paper of Dr. Tabrez Ahmad: Title , "CONCEPT OF CONSUMERISM IN INDIA: JUDICIAL ATTITUDE", was recently listed on SSRN's Top Ten download list for: LSN: Administrative Enforcement (Sub-Topic).

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Wednesday, October 17, 2012

17th October the Birthday of Sir Syyed Ahmad Khan is the Great Day in the History of Social Reforms in India


The greatest social reformer and statesman of the 19th Century, Sir Syed Ahmad Khan was born on 17th October 1817.
"From the seed which we sow today there may spring up a mighty tree whose branches, like those of the banyan of the soil, shall in their turn stick firm roots into the earth and themselves send forth new and vigorous saplings. This college may expand into a university whose sons shall go forth throughout the length and breadth of the land to preach the gospel of free enquiry, of large hearted toleration, and of pure morality." -- Sir Syed Ahmad Khan
Shopenhauer quotes an old German couplet in his Essays and Aphorisms, which purports to mean that it is the fate of the truly great that they are recognized and understood only when they are no more in this world. Sir Syed Ahmad Khan was no exception to this rule. In his lifetime, he had to face the burgeoning tide of stiff opposition from almost every possible quarter while treading on the thorny path of social upliftment.
The greatest Muslim reformer and statesman of the 19th Century, Sir Syed Ahmad Khan was born in Delhi on October 17, 1817. Sir Syed's greatest achievement was his Aligarh Movement, which was primarily an educational venture. He established Gulshan School at Muradabad in 1859, Victoria School at Ghazipur in 1863, and a scientific society in 1864. When Sir Syed was posted at Aligarh in 1867, he started the Muhammadan Anglo-Oriental School in the city.
Sir Syed left for London on April 1, 1869 to study the English method of education. While at London, Sir Syed came across a book, 'Life of Mohammed' by Sir William Moore. To refute the charges against the Prophet, he wrote a book 'Khutbat-i-Ahmadiyah'. On coming back to India he accelerated his efforts for establishment of an institution, on the model of Oxford and Cambridge universities. On his return home he decided to make M. A. O. High School on the pattern of British boarding schools. The School later became a college in 1875. The status of University was given to the college after the death of Sir Syed in 1920. M. A. O. High School, College and University played a big role in the awareness of the Muslims of South Asia.
In 1870, Sir Syed started the famous journal 'Tahzeebul Akhlaq' (Mohammedan Social Reformer). A great crusader against conservatism, traditionalism and superstitions, Sir Syed set the aim of journal to ameliorate the social condition of Muslims. It also sought to create a liberalized and progressive religious outlook. Such fruitful thought annoyed the conservative elements within the community, which in turn brought opprobrium on Sir Syed. Abuses were hurled at him and fatwas of Kufr issued against him. However, the storm of opposition failed to dampen his spirits and he carried on with his mission of religious and social reform with the religious and social thinking of Muslims.
The early years of Sir Syed's life were spent in the atmosphere of the family of a Mughal noble. There was nothing in young Syed's habits or behavior to suggest that he was different from other boys, though he was distinguished on account of his extraordinary physique. As a boy he learnt swimming and archery, which were favorite sports of the well-to-do class in those days. His family on the maternal and paternal side had close contacts with the Mughal court. His maternal grandfather, Khwajah Farid was a Wazir in the court of Akbar Shah II. His paternal grandfather Syed Hadi held a mansab and the title of Jawwad Ali Khan in the court of Alamgir II. His father, Mir Muttaqi, had been close to Akbar Shah since the days of his prince-hood. Syed Ahmad's mother, Aziz-un-Nisa, took a great deal of interest in the education and upbringing of her son. She imposed a rigid discipline on him and Sir Syed himself admitted that her supervision counted for much in the formation of his character.
Sir Syed received his education under the old system. He learnt to read the Quran under a female teacher at his home. After this, he was put in the charge of Maulvi Hamid-ud-Din, the first of his private tutors. Having completed a course in Persian and Arabic, he took to the study of mathematics, which was a favorite subject of the maternal side of his family. He later became interested in medicine and studied some well-known books on the subject. However, he soon gave it up without completing the full course. At the age of 18 or 19 his formal education came to an end but he continued his studies privately. He started taking a keen interest in the literary gatherings and cultural activities of the city.
The death of his father in 1838 left the family in difficulties. Thus young Syed was compelled at the early age of 21 to look for a career. He decided to enter the service of the East India Company. He started his career as Sarishtedar in a court of law. He became Naib Munshi in 1839 and Munshi in 1841. In 1858 he was promoted and appointed as Sadar-us-Sadur at Muradabad. In 1867 he was promoted and posted as the judge of the Small Causes Court. He retired in 1876. He spent the rest of his life for Aligarh College and the Muslims of South Asia.
Unlike other Muslim leaders of his time, Sir Syed was of the view that Muslims should have friendship with the British if they want to take their due rights. To achieve this he did a lot to convince the British that Muslims were not against them. On the other hand, he tried his best to convince the Muslims that if they did not befriend the British, they could not achieve their goals. Sir Syed wrote many books and journals to remove the misunderstandings between Muslims and the British. The most significant of his literary works were his pamphlets "Loyal Muhammadans of India" and "Cause of Indian Revolt". He also wrote a commentary on the Bible, in which he attempted to prove that Islam is the closest religion to Christianity.
Sir Syed asked the Muslims of his time not to participate in politics unless and until they got modern education. He was of the view that Muslims could not succeed in the field of western politics without knowing the system. He was invited to attend the first session of the Indian National Congress and to join the organization but he refused to accept the offer. He also asked the Muslims to keep themselves away from the Congress and predicted that the party would prove to be a pure Hindu party in the times to come. By establishing the Muhammadan Educational Conference, he provided Muslims with a platform on which he could discuss their political problems. Sir Syed is known as the founder of Two-Nation Theory in the modern era.
In the beginning of 1898 he started keeping abnormally quiet. For hours he would not utter a word to friends who visited him. Medical aid proved ineffective. His condition became critical on 24th of March. On the morning of March 27, a severe headache further worsened it. He expired the same evening in the house of Haji Ismail Khan, where he had been shifted 10 or 12 days earlier. He was buried the following afternoon in the compound of the Mosque of MAO College. He was mourned by a large number of friends and admirers both within and outside South Asia.
"Sir Syed Ahmad Khan last message to aligarians and all the mankind : you have reached a particular stage and remember one thing that when i undertook the task, there was criticism al around against me, abuses were hurled upon me, life had become so difficult for so I aged before age lost my hair my eyesight but not my VISION………my vision never dimmed my determination never failed I built this institution for you and I am sure you will carry the light of this institution far and wide darkness will disappear from all around".

Tuesday, August 28, 2012

Dr. Achyuta Samanta on DD - 1, 29th August, 2012 at 7.30 a.m. to 8 a.m. "Aaj Sabere"

Sir / Madam,

Please watch National Chanel, DD - 1 tomorrow morning (29.08.2012) 7.30 a.m. to 8 a.m. "Aaj Sabere" one to one conversation with Dr. Achyuta Samanta about KIIT & KISS.

Thanking you
With regards
K. P. Dwivedy

Monday, August 27, 2012

Copyright Issues and Challenges of Digital Rights Management


Digital Rights Management (DRM) refers to protecting ownership/copyright of electronic content by restricting what actions an authorized recipient may take in regard to that content. DRM gives digital-content publishers the ability to securely distribute high-value content such as periodicals, books, photographs, educational material, video, and research and to control the use of that content, preventing unauthorized distribution. DRM is a term used to describe any technology that controls how or when consumers use digital content. DRM issues are intertwined with the ant circumvention provisions, and fair use issues of United State’s Digital Millennium Copyright Act (DMCA).

DRM technologies attempt to control what you can and can't do with the media and hardware you've purchased. The Digital Rights Management Passport (DRMP) technology (TCPA from Intel and Palladium from Microsoft and similar) is intended to make it hard to copy downloaded music or pirated software. Preventing teenagers from making copies of Eminem songs may seem harmless, but Internet Age technology is all about convergence. As publishers and copyright owners increasingly issue content exclusively in a digital format, issues surrounding DRM become more important to libraries and consumers. The potential of publishers and copyright owners to lock their content away from lawful owners and users is troublesome because the Digital Millennium Copyright Act includes provisions that make it illegal for ANY consumer to override DRM technologies that may interfere with lawful access or use to a digital work. This means that if publishers and copyright owners implement restrictive DRM measures, lawful consumers will be unable to control digital software they buy, including CDs and DVDs.

Publishers and copyright owners have a right to protect their products with DRM measures in order to avoid illegal use or copying of those products. Many publishers and copyright owners, however, implement DRM technologies without regard to long-standing equitable copyright laws and principles such as fair use and the first sale doctrine. Additionally, publishers and copyright owners have been lobbying US Congress to force manufacturers to include DRM technologies in their products. If such legislation becomes law, it will ensure that consumers no longer can control the digital content they buy or to which they should have access. Bought an ebook from Amazon but can't read it on your ebook reader of choice? That's DRM. Bought a DVD or Blu-Ray but can't copy the video onto your portable media player? That's DRM. Bought a video-game but can't play it today because the manufacturer's "authentication servers" are off-line? That's DRM. Bought a smart-phone but can't use the applications or the service provider you want on it? That's DRM. Corporations claim that DRM is necessary to fight copyright infringement online and keep consumers safe from viruses. But there's no evidence that DRM helps fight either of those. Instead DRM helps big business stifle innovation and competition by making it easy to quash "unauthorized" uses of media and technology. 

Fans shouldn't be treated like criminals and companies shouldn't get an automatic veto over user choice and innovation. When a technology gets pervasively embedded in microprocessors, computer boards, and software, it will alter the performance of power turbines, jet engines, medical instruments, cell phones and missile guidance systems. Unfortunately, DRMP technology is incompatible with security and with the kinds of reliability needed in safety critical or mission critical applications. There are some concrete consequences that are important in defense and manufacturing.

Despite marketing, DRMP is a licensing technology, not a security technology. The combination of hardware and software being championed and fought over by the entertainment companies, Microsoft, and Intel, enforces something like an identity card or passport system on software. The idea is that DRM agents will be incorporated into software, processors, and other computer hardware and the DRM agents will examine files containing programs and data (such as digitized music) to make sure the file is attached to a valid digital passport. The passports prove that the file is being used within its license terms. Before you can play a movie on your PC, the DRM agent in the processor will demand the passport on the video player and the video player software will demand the passport of the video file. Before you run a word processor, some DRM agent will make sure you have a valid license and have not violated any of the fine print of the shrink-wrap license and that the file you are opening is something you have a license to read. Programs that do not incorporate certified DRM agents will not be able to get passports, so there will be a world-wide web of DRM agents working together.

Altering formats of, copying, or repurposing copyrighted content to allow access with assistive technologies must remain a protection available to consumers with print disabilities. Proposals purporting to establish technologies to prevent illegal copying or publication of copyrighted content must consider and address the fair use rights of persons who are blind and visually impaired. On November 27, 2006, the Librarian of Congress, on the recommendation of the Registrar of Copyrights, announced that literary works distributed in ebook format are exempt from the prohibition against circumvention of technological measures that control access to copyrighted works. Persons making no infringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. &167; 1201(a)(1)) during the next three years.

DRM, in its traditional role as a tool of copyright enforcement, requires cooperation between authors, manufacturers, governments and publishers. In the light of the fact that devices with easily defeatable DRM sell better in an unregulated market, while implementing secure DRM is expensive, manufacturers need additional incentives to cooperate, such as government intervention and/or exclusive contracts (or even merger) with publishers/distributors. Also, manufacturers may choose to relocate to countries where such government intervention is smaller, thus providing governments with an incentive to defect from this cooperation. In addition, cooperation in copyright enforcement may erode the popularity of content creators, manufacturers and governments alike. The recent Sony-BMG case is an illustrative example of such backlash. In such an environment, enforcing copyright in the face of extremely cheap, high quality alternative distribution channels (such as digital networks and recordable media) is a very difficult undertaking. On the other hand, content consumers have every reason to cooperate against copyright enforcement and can do so quite successfully, as has been observed with the widespread practice of burning CDs and DVDs for one another and the popularity of and considerable engineering effort put into peer-to-peer file-sharing and defeating DRM solutions.

DRM may not always be the right solution for the problem. What’s really interesting about the problem of copy protection and software piracy is that the solution is to pretend that there’s not a problem. There is little to no copy protection in business software. In the competitive software application industry, market share and product loyalty – no matter how they are achieved – are crucial. Many companies reason as follows: People who pirate software of a company cost the company next to nothing; since the company’s marginal cost of goods is zero. It’s not like they are stealing televisions off the company’s assembly line. Almost all people who pirate the company’s software can’t afford to pay for it, so the company is not losing many sales. And, when these pirates eventually get into a situation where they need to buy the software legitimately, they will already be hooked on company’s software, not the company’s competitors’. Piracy is just another way of boosting market share.