Centre for Internet and Society

Preventive Detention for Copyright Violation: Karnataka Amends the 'Goondas' Act

nehaa — 2014-08-13T12:46:51Z

Last week, the Government of Karnataka amended the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Gamblers Act, 1985 (“the Karnataka Goondas Act”). The Karnataka Goondas Act would now also apply to offences under the Indian Copyright Act, 1957 and the Information Technology Act, 2000. This article presents an overview on the various provisions of this law and discusses the potential impact of the amendment.

The blog post by Nehaa Chaudhari was first published on SpicyIP on August 13, 2014.

Goondas and Goondas Acts

Now used in ‘Indian English’ to mean a ‘hired thug or bully’, goonda/gunda seems to have Hindi/Urdu origins. Incidentally, thug itself has Hindi origins, with its meaning encompassing a range of criminals from robbers to murderers to gangs of criminals, or anti-social elements.

In 1923, the Goondas Act (India’s first) was enacted in Bengal. As per the Act, a goonda residing within, habitually frequenting or visiting Culcutta either by herself/himself or as part of a gang, committing/has committed/assisting in the commission of/is about to commit a non-bailable offence against person or property, or the offence of criminal intimidation or causing breach of peace was liable for action under this legislation. Similar laws were soon enacted across the country, including the Central Provinces and Berar Goondas Act, 1946 of Madhya Pradesh, (later struck down as unconstitutional in State of Madhya Pradesh v. Baldeo Prasad), the Uttar Pradesh Control of Goondas Act, 1970 (see: an illustrative decision); the Rajasthan Control of Goondas Act, 1975 (see: an illustrative decision); The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers and Video Pirates Act, 1982 (legislation prior to the 2004 amendment available here), and the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act, 1985, which was amended a few weeks ago.

While these legislations are broadly similar in their object – that of curtailing the criminal activities of ‘goondas’ with provisions for removal as well as preventive detention, there is a variation in scope of the legislation. Karnataka and Tamil Nadu having extended the application of their respective Goondas Acts to a larger number of activities, including video piracy – which is the focus of this post.

The Karnataka Goondas Act: What Remains and What has Changed

Scope and Definition
Enacted in 1985 to curb activities of “anti-social” elements, which have frequently disturbed the “even tempo of life” especially in “urban areas”, the Karnataka Goondas Act extended to ‘bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders and slum grabbers’. Amongst others, the 2014 amendment, which comes into effect “at once”, extends the scope of this legislation to “video or audio pirates” and “digital offenders”.

As per the new amendment, Section 2(iv) of the Act first refers to a “digital offender” as ‘when he is engaged, or is making preparations for engaging, in any of his activities as a digital offender, which affect adversely or are likely to affect adversely the maintenance of public order. An Explanation to Section 2 under Clause (f) specifies that a “digital offender” is any person who knowingly or deliberately violates for commercial purposes any copyright law in relation to any book, music, film, software, artistic or scientific work and also includes any person who illegally enters through the identity of another user and illegally uses any computer or digital network for pecuniary gain for himself or for any other person or commits any of the offences specified under section 67, 68, 69, 70, 71, 72, 73, 74 and 75 of the Information Technology Act, 2000.

These mentioned sections (67-75 of the IT Act), refer to a variety of measures which penalize refusal to decrypt information, publication of obscene information, access or attempts to access a ‘protected’ computer or network, misrepresentation, and breach of confidentiality and privacy, as well as prescription of penalties for some offences. (See more here)

The requirement that the action be committed for a “commercial purpose” has been eliminated in those instances where the offence is a violation of any of the listed sections of the Information Technology Act, 2000.

A “video or audio pirate” as defined under amended Section 2(xiii) is when he is engaged or is making preparations for engaging in any of his activities as a video or audio pirate habitually for commercial gain, which affect adversely, or are likely to affect adversely the maintenance of public order. The Explanation to Section 2 under amended Clause (o) states that a “video or audio pirate” means a person who commits or attempts to commit or abets the commission of offences of infringement of copyright habitually for commercial gain, in relation to a cinematograph film or a record embodying any part of the soundtrack associated with the film, punishable under the Copyright Act, 1957.

The Explanation to amended Section 2 lays down the conditions in which public order shall be deemed to have been affected adversely or shall be deemed likely to be affected adversely, viz. that if any of the activities of any of the persons referred to in this clause directly or indirectly, is causing or is calculated to cause any harm, danger or alarm, or a feeling of insecurity, among the general public or any section thereof or grave or widespread danger to life or public health.

Preventive Detention Orders
The amendment now means the State Government accordingly has the power to detain audio and video pirates and digital offenders, to prevent them from acting in a manner “prejudicial” to public order. In the first instance, such an order may not be for more than three months, it may be extended to a period of twelve months (Section 13), three months at a time, passed for the commission or the suspicion of commission of various offences, including copyright infringement, which under the Copyright Act, 1957 can only be determined by a court of law and is subject to subsequent appeals.

The 2014 amendment also modifies Section 17, by virtue of which no order of detention can be made under the National Security Act, 1980 against any of the persons named under the Karnataka Goondas Act, including audio or video pirates or digital offenders.

Section 8 requires grounds of detention to be disclosed to the detainees within five days of their detention, but not when it might not be in the public interest to do so.

Anomalies
This recent amendment to the Karnataka Goondas Act has resulted in anomalies. There are probably more; but two come to mind straight away.

First- preventive detention under the Karnataka Goondas Act means that the person arrested need not be produced before a magistrate immediately- there is a significantly long review process and detention may continue for a period of one year. This is for offences under the Information Technology Act, 2000, under which persons arrested have to be produced before a magistrate. This is also for offences under the Copyright Act, 1957, under which a person may be arrested only when found guilty of an offence by the court, whereas the Karnataka Goondas Act allows arrest on mere suspicion. Further, persons detained under this legislation cannot secure bail.

Second- the amendments to the Karnataka Goondas Act negate the exceptions laid out under the Copyright Act, 1957. While a reading of the Karnataka Goondas Act suggests that copyright infringement for commercial purposes falls under the purview of the legislation (and therefore non -commercial uses are excluded), however, under its provisions, persons may be detained (preventively) on mere suspicion as well. Therefore, even if a person were to be performing an activity permitted under the Copyright Act, 1957 (for instance, converting a coyrighted work into a machine readable format for the benefit of persons with disabilities), this person could be preventively detained on the suspicion of engaging in this activity for commercial purposes.

Constitutional Validity

Legislative Competence
The legislative competence of the Karnataka Government in amending the Karnataka Goondas Act to apply to audio and video pirates as well as to digital offenders is moot. Prima facie, these amendments seem to be unconstitutional.

Article 246 read with List I (Union List) of the Seventh Schedule of the Constitution of India specifies those subjects on which the Centre has the authority to make laws. Offences related to and committed by “video or audio pirates” or “digital offenders” as explained under the Karnataka Goondas Act are subjects on which the Centre has the authority to make laws, by virtue of the provisions relating to posts and telegraphs; telephones, wireless, broadcasting and other like forms of communication (Entry 31 of List I) and patents, inventions and designs; copyright; trade-marks and merchandise marks and merchandise marks (Entry 49 of List I).

Article 246 read with List II (State List) of the Seventh Schedule of the Constitution of India specifies those subjects on which the States have the authority to make laws. Seemingly, the Government of Karnataka may have chosen to make laws relating to “video or audio pirates” and “digital offenders” Entry I of List II, i.e., public order. It is my submission, however, that these offences would not fall under an understanding of “public order” and this amendment would still remain unconstitutional.

Freedom of Speech
Gautam Bhatia’s article in the Outlook (with a slightly modified version on his blog) make out the case against the recent amendments to the Karnataka Goondas Act violating Article 19(1)(a) of the Constitution of India. Bhatia argues that preventive detention under this legislation would be “prior restraint”, where government action prevents expression before it can take place, which is unconstitutional in most cases. He also argues that in order for free speech to be restricted on the grounds of “public order” under Article 19(2) of the Constitution of India, the State is required to meet a high threshold, which the Karnataka Goondas Act does not meet.

Closing Comments

The idea of introducing provisions to deal with online piracy and other ‘digital offences’ under the Goondas Act is not a new one. Mridula Chari writes that Tamil Nadu introduced such amendments to its Goondas Act in 2004 and Maharashtra in 2009, with Andhra Pradesh toying with the idea in 2010. She also writes that the Bengali and Punjabi music industries are making demands of their respective governments to introduce their own versions of the Goondas Acts and insert similar provisions. The Economic Times report on these recent amendments to the Karnataka Goondas Act also seems to suggest that these changes have been introduced for the protection of business interests. In contrast, in a detailed report, the Bangalore Mirror provides various illustrations of seemingly innocuous actions which may attract a draconian legislation, ranging from forwarding a song to a friend on WhatsApp to posting comments on social media sites.

The prospect of the protection of business interests with draconian legislations which are prima facie unconstitutional, aside from being ridiculous is deeply concerning. Widening the scope of these legislations to areas on which they have no constitutional authority to legislate, and introducing provisions with grave ramifications on fundamental rights, states in their continued and extended use of the Goondas Act are engaging in callous ill thought out actions with a deep disregard for their implications.

Nehaa is a Nalsar Law graduate. She works on intellectual property/openness law and policy at the Centre for Internet and Society, New Delhi. [Note: Due to the examination of definitions in the Act, this post is considerably longer than our standard post. Though the whole post is recommended, readers in a hurry could skip directly to headings titled "Anomalies", "Constitutional Validity" and "Closing comments" for the juicy bits.]

For more details visit https://cis-india.org/a2k/blogs/spicy-ip-nehaa-chaudhari-august-13-2014-preventive-detention-for-copyright-violation

Now, Christ students will contribute to Wikipedia

praskrishna — 2014-08-06T05:33:41Z

The department of languages at Christ University has set a precedent by including contribution to Wikipedia as a part of the undergraduate course work.

The article by H.M.Shruthi was published in the Deccan Herald on August 5, 2014.

Introduced last year on a pilot basis, the programme is all set to get a new outlook this year.

As a part of the initiative, students are required to submit an article to Wikipedia in an Indian language (the second language subject chosen). The languages offered are Kannada, Hindi, Urdu, Sanskrit and Tamil.

Earlier, much to the chagrin of lecturers, students were most often found rehashing material online for their assignments. On the contrary, the students will now be contributors for online content. But this is just one of the outcomes. Through this, the department has not only set out to enrich the regional language resources online, but has also turned students into knowledge producers.

Speaking about the initiative, Kannada Department HoD, Y S Shivaprasad, finds that students have become passionate about digital resources. “There are at least 500 students. In the first two years of the undergraduate degree, students study second language. Even if 10 per cent of them take it forward later, we can enrich our online Kannada resources.”

Since it was the first time last year, the faculty made a list of topics for inclusion in Kannada Wiki. “We were able to bring out 25 good quality articles. Interestingly, this turned out to benefit rural students, as they took a lot of interest in it,” Shivaprasad said, adding that RBI, Yakshagana, poet Raghavanka and Kuppalli were some of the topics covered.

Redesign this year
As per the redesigned format this time, in their first semester, students will digitise one page of an existing piece of literature in the Indian language concerned. This has been included to help them gain typing skills, apart from strengthening vocabulary.

In the second semester, students will be digitising four or five pages of literature. In the III semester, they will have to write one assignment in the second language of their choice and the fourth semester will be dedicated to an article (in Indian language) on the theme of their choice from any core subject.

T Vishnu Vardhan, Programme Director, Access to Knowledge at Centre for Internet and Society (the university is implementing the programme in coordination with this organisation), sees this as an initiative for production of knowledge in Indian languages. “From the past several years, there have been talks about how there is no production of knowledge in Kannada (or other regional languages). This is a step towards it.”

“Adding fun to the otherwise hectic course work, the Wiki assignments helped us acquire editing skills and strengthen vocabulary in Kannada,” said Tejas N K, a final year science student at Christ University.

Having found his love for it, he has decided to contribute articles even in his final year, though it is not part of his course work this time. “It presents a challenge of learning something new and thinking creatively. More over, it is satisfying to know that the information we compile is of use for people seeking online resources in regional language.”

Transformation
Sharing similar enthusiasm is Komal K J, a final year BCom student, who hopes to contribute articles even after completing her degree. She sees a significant transformation: “Earlier, we were collecting information from Wikipedia. Now, we are contributing for it,” the student said.

She has submitted an article to Sanskrit Wikipedia. From formatting the article to inserting images and learning to attribute sources to the information uploaded on Wiki, she takes pride in the responsibility. “It is open for people across the globe to read. Hence, it is a huge responsibility. We have to make sure the information is authentic.”

For more details visit https://cis-india.org/news/deccan-herald-shruthi-august-5-2014-now-christ-students-will-contribute-to-wikipedia

Connecting the Next Two Billion: The Role of FOSS

praskrishna — 2014-09-10T05:04:58Z

Sunil Abraham was a speaker at this event organized by ICFOSS at the APrIGF in Noida on August 4, 2014.

Specific Issues of Discussions & Description

Connecting the next two billion users on the Internet poses unique challenges that must be addressed. The next two billion users will have very different profiles as compared to the first billion in terms of factors such as geography, demography, gender, disability, technology access, language access, and connectivity devices. In addition, with the coming of the Internet of Things, the users of the Internet may also include devices, sensors and sensor networks. Further, the context of the Internet itself may be changing, particularly in relation to efforts by various State and non-State actors to restrict freedom of access to the Internet and freedom of expression on it.Free & Open Source Software (FOSS) has now assumed greater significance in the light of revelations related to arbitrary surveillance conducted by states. This issue highlights the need to use audited technology and infrastructure to prevent the wanton violation of privacy of citizens. FOSS can be used to build shared community infrastructure that will protect users from privacy abuses. As most of the online applications run on top of free software, there is also a need for greater collaboration between the industry and free software community to ensure security and robustness of software to prevent incidents like the heartbleed bug vulnerabilities. As the next two billion comes online, FOSS assumes great significance for building a safe and secure Internet and robust communication platforms.The panel will discuss the following issues:• Relevance of FOSS as an access enabler and source of robust, cost-effective andfreedom-preserving software• The importance of FOSS in preventing arbitrary surveillance• Co-operation among businesses and free software community to develop secure.

Building community communication infrastructure using FOSS to restrict the dependence on centralised services.

Moderator and Speakers

Moderator: Ms. Mishi Choudhary, Executive Director, SFLC.IN, New Delhi
Dr. Rahul De, IIM Bangalore (Remote)
Dr. G. Nagarjuna, Free Software Foundation of India (Remote)
Mr. Prasanth Sugathan, Counsel, SFLC.in
Mr. Satish Babu, Director, ICFOSS
Mr. Sunil Abraham, Executive Director, Centre for Internet and Society, Bangalore
Mr. S. Ramakrishnan, Media Lab Asia/Govt. of India

Workshop Organizer

This workshop will be jointly organised by International Centre For Free and Open Source Software (ICFOSS), an autonomous institution under the Government of Keralamandated with the objectives of co-ordinating FOSS initiatives within Kerala, as well as linking up with FOSS initiatives in other parts of the world and SFLC.IN, a donor supported legal services organisation that works to protect freedom in the digital world.The details of the contact person for the workshop is given below:Name: Mr.Satish BabuDesignation: DirectorOrganisation: International Center for Free and Open Source Software (IC-FOSS).

For more details see the APrIGF website.

For more details visit https://cis-india.org/openness/news/apr-igf-delhi-2014-connecting-the-next-two-billion-the-role-of-foss

'I'm going to ruin you, dear'

praskrishna — 2014-09-09T09:55:47Z

Revenge porn is sweeping across the developed world. And now it's being seen in India. The culprit, says Prasun Chaudhuri, is often a former friend, partner, relative or colleague.

This article by Prasun Chaudhuri with additional reporting by Varuna Verma in Bangalore was published in the Telegraph on August 3, 2014. Rohini Lakshane gave her inputs.

How would you feel if you casually opened a mail and found the link to a pornographic site — and it turned out to contain pictures of yourself naked? That's what Kalpana did. She clicked on a link sent to her and, to her horror, found that the face of the girl who "was available for sex" was hers. Her stomach lurched when she saw that the pictures showed her own bedroom. The site also contained her personal and contact details.

Kalpana was shattered. The subject line of the mail had said "I'm going to ruin you, dear". It had seemed like a prank. Only, it wasn't. It was a very real and malevolent attempt to destroy her reputation.

The 24-year-old Mumbai-based bank executive had become a victim of revenge porn — a new form of cybercrime in which ex-lovers or boyfriends upload intimate photos and videos of their former partners for the world to see. Mostly, the sexually explicit pictures are of women posted by jilted or spurned men.

Kalpana's photos, it was later found, were posted by her recently divorced husband, Pranay. They were taken when the two lived together.

Revenge porn is a trend sweeping across the developed world — from the US and Japan to countries in Europe. And now it's being seen in India, fuelled by the growing access to the Internet and camera-wielding mobile phones — all that is needed for taking and posting offensive pictures.

"Now that you have gadgets you tend to capture every moment of your life in pictures or videos," Calcutta-based psychiatrist J.R. Ram points out. "Not only that, you want to share these images through networking apps in your mobile phone or the Internet — without ever thinking of the consequences."

National Crimes Record Bureau (NCRB) figures — released on July 1, 2014 — show a 63.7 per cent rise in cyber offences from 2012 to 2013. During this period, the category "transmission of obscene content in electronic form" reflects a quantum jump —104.2 per cent — with 1,203 cases registered and 737 people arrested. "The data show cyber offences against women have increased sharply," NCRB director-general R.R. Verma says. "But we do not have any specific data on revenge crimes."

More and more such cases, however, are now coming to light. Kalpana lodged a complaint with the Navgarh police station in Mumbai. Ashish was arrested under a number of sections of the Indian Penal Code and the Information Technology Act.

Sneha, a 22-year-old college student from Udupi in Karnataka, also went to the police with the complaint that her ex-boyfriend had put up her photographs and videos on the Internet. M.B. Boralingaiah, superintendent of police, Manipal district, says the boy was arrested and sent to judicial custody.

"There has been an exponential rise in the number of cases of cyber revenge being reported to the police," Boralingaiah says. "This could also be because of increasing awareness of cyber laws, which prompts more people to approach the police." The Karnataka police are now setting up cyber crime police stations at regional levels across the state. Currently, only one police station, in Bangalore, deals with such crimes.

The profile of the criminal in revenge porn, Boralingaiah adds, is different from that of the average criminal plotting a scam using the Internet. In all the cases that have been reported, the accused is a former friend, partner, relative or colleague with no criminal history. They are also educated, intelligent and technologically savvy.

And that is why, despite suspicions, it is not always easy to catch the offender. The police say they have to first track down the origin of the pornographic site where the pictures are posted. "When we receive a complaint we try to locate the IP address (the unique identifier for the computer)," says Siddhartha Chakraborty, in charge of Cyber Police Station, Lalbazar, Calcutta. "But these crooks are clever enough to use some fake IP address of a distant country."

Once the police zero in on the IP address, it asks the web hosts to remove the offensive images, which they normally do. "But the procedure can take weeks or even months," Chakraborty adds.

Debarati Halder, a lawyer and cyber victim counsellor based at Tirunelvelli, Tamil Nadu, says she comes across 10-15 cases of revenge porn every month across the country, mostly involving college students. Often, the victims themselves take pictures while taking a shower or in their inner wear and share them with their boyfriends.

Many young women, Halder says, see such acts as symbols of independence or defiance.

"Taking 'sexy' images of themselves offers them a false sense of liberty, bypassing the repression imposed upon them in the real world," she says. "They feel relatively uninhibited in cyberspace and tend to experiment with their looks and sexuality, but are unable to determine where to draw the line."

The young are not greatly concerned with privacy and security on the Internet, Canada-based Internet safety expert Terry Cutler stresses. "They don't understand that once you send out an inappropriate photo or video, you no longer control it."

There are, according to some estimates, at least 3,000 voyeuristic websites where such pictures can be posted. The visuals are often copied and replicated across multiple porn sites, making it virtually impossible for the authorities to wipe off the digital prints. "Often these clips are available on mirror sites, web archives and caches. Video footage can also go viral on social networks and porn buffs even share these images offline," Chakraborty warns.

But people seldom think that the intimate pictures that they shoot with their lovers may one day become public. "When you're in love you trust your partner. You don't expect him to use these pictures to humiliate you when things fall apart," says Antara, a 32-year-old IT analyst in a government agency who has been a victim of revenge porn. She says that her husband, to seek a quick divorce, uploaded intimate pictures on porn sites to show that she was a woman of "bad character".

Also worrying is that a large number of women are victims of non-consensual and amateur pornography. Abir Atarthy, a Calcutta-based cyber-security expert, recently solved a case in which a college student found her pictures, shot in her bedroom, circulating on a social networking site.

"She was shocked because she not taken those pictures, nor had anybody else," Atarthy says. A thorough check revealed that a boy whose advances she had spurned had installed a hidden spy program in her laptop. "The program — capable of switching on the webcam even if the machine was offline — had been taking her snaps from her private life and sending the visuals to the youth whenever she connected to the Internet," he says.

Rohini Lakshané, a researcher at the Bangalore-based Centre for Internet and Society, describes such non-consensual acts as sexually violent crimes. "I don't like to use the term 'revenge porn', for it's an act of violence against women," she says. "Sometimes women are even raped and coerced into sex, filmed, threatened and blackmailed over the release of the footage online," Lakshané says.

The intention is to humiliate the woman and make her life miserable is the equivalent of throwing acid on her face, holds Dr Subhrangshu Aditya, a student counsellor at Jadavpur University, Calcutta. "These men can't accept rejection and it's their way to settle scores."

The victim, the experts say, doesn't just feel betrayed but often falls into depression — not just because of the ex-partner's action but because she sees herself as a partner in the crime, for the pictures uploaded may have been shot with her consent. "Their guardians also blame her for this and avoid reporting the matter to the police apprehending a bigger scandal," Halder adds.

The lawyer urges victims of such crimes to always approach the police. "Indian women have a strong legal recourse against perpetrators of revenge porn," she says. The amended 354 [C] of the Criminal Law (Amended) Act 2013, also known as the "voyeurism section", criminalises capturing and sharing images of a woman in private space. Section 66(E) of the IT Act criminalises the publication and transmission of images of an individual's private parts without his or her consent.

"These are watertight laws, strong enough to book an offender," she says, adding that the law also protects a victim's identity.

Across the world, laws are now being framed to punish cyber porn offenders. In January, Israel voted to define posting of images without consent as sexual harassment, punishable by up to five years in jail. Many states in the US already have laws against revenge porn and Britain may bring in one soon.

But perhaps the best way to prevent such crimes is by safeguarding privacy — at home and in the virtual world (see box). Cyber security expert Cutler sums it up aptly: "Just think this before you click the send button: If I were to post the visual on the Internet, would I care if it landed on the front page of a newspaper or the 8pm news?"

Some names have been changed to protect identities

How to Safeguard Your Privacy?

Get acquainted with the privacy settings of the social networks, dating and matrimonial websites you use
Do not upload any single close-shot picture on the Internet; this can be morphed and misused
Never film yourself during sexually intimate acts; even if you delete the pictures and videos these can be recovered from your device
Watch out for weird webcam activity; malicious software can easily infect your computer or phone and control the webcam
Remove your memory card from your mobile or format the hard disc of your computer before giving the device to service centres
Don't give your device to others and always lock your applications (especially picture galleries) in your mobile
Install and update antivirus and antimalware in your device

For more details visit https://cis-india.org/internet-governance/news/the-telegraph-august-3-2014-i-am-going-to-ruin-you-dear

Kannada Wikipedia Presentation for Kannada Science Writers

praskrishna — 2014-08-06T10:15:09Z

The following is the media coverage for the Kannada Wikipedia presentation at the Central University at Gulbarga on July 30,2014, in Gulbarga edition of Prajavani Kannada daily, dated July 31.

For more details visit https://cis-india.org/news/kannada-wikipedia-presentation-prajavani-coverage

July 2014 Bulletin

praskrishna — 2014-08-11T05:46:53Z

Seventh issue of the newsletter (July 2014) below:

We at the Centre for Internet & Society (CIS) welcome you to the seventh issue of the newsletter (July 2014). Archives of our newsletters can be accessed at: http://cis-india.org/about/newsletters

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Highlights
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Nehaa Chaudhari participated in the 28^th session of the World Intellectual Property Organisation Standing Committee on Copyright and Related Rights (WIPO-SCCR) held in Geneva from June 30 to July 4, 2014. The Centre for Internet and Society (CIS) gave its statements on the Limitations and Exceptions for Libraries and Archives and Proposed Treaty for the Protection of Broadcasting Organizations.
India became the first country to ratify the Marrakesh Treaty and the Accessible Books Consortium was launched. Nehaa Chaudhari who participated in the 28^th session of the WIPO-SCCR reports on this in a blog entry.
Vikrant Narayan Vasudeva produced a research paper on patent valuation and license fee determination as part of the Pervasive Technologies project.
Our grant application to the Wikimedia Foundation was approved. CIS has been awarded Rs. 12,000,000 for the next one year for the Access to Knowledge (Wikipedia) project.
CIS and the University of Mysore organized the Open Knowledge day in Mysore on July 15, 2014. Six volumes of Kannada Vishwakosha was re-released under the Creative Commons (CC license).
We helped the Ministry of Science and Technology draft the Open Access Policy for the DST/DBT.
The first of the seven proposed roundtable meetings on “Privacy and Surveillance” conducted by CIS in collaboration with the Cellular Operators Association of India and the Council for Fair Business Practices was held in Mumbai on June 28, 2014. Anandini K. Rathore has blogged on this.
Bedavyasa Mohanty has produced a blog entry that analyses the nuances of interception of communications under the Indian Telegraph Act and the Indian Post Office Act.
Vinayak Mithal has written a blog entry on the Constitutionality of Indian surveillance law that analyses ICANN's reactive transparency mechanism, comparing it with freedom of information best practices. He describes the DIDP and its relevance for the Internet community.
Nishant Shah speaks on the right to freedom of speech and expression in the latest interview conducted as part of the Cybersecurity series being done with a grant from the International Development Research Centre (IDRC), Ottawa.
Nishant Shah’s peer reviewed article “Asia in the Edges: A Narrative Account of the Inter-Asia Cultural Studies Summer School in Bangalore” was published in Inter-Asia Cultural Studies Journal, Volume 15, Issue 2, on July 3, 2014. Nishant gives a narrative account of the experiments and ideas that shaped the second Summer School, “The Asian Edge” hosted in Bangalore, India, in 2012.
CIS recruited two new staff members in its Bangalore office. Rohini Lakshane joined as a Program Officer in the Pervasive Technologies project and K.N. Medini joined as a Senior Accounts Officer. Their profiles can be accessed at http://cis-india.org/about/people/our-team.

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Accessibility and Inclusion
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Under a grant from the Hans Foundation we are doing two projects. The first project is on creating a national resource kit of state-wise laws, policies and programmes on issues relating to persons with disabilities in India. We compiled the National Compendium of Policies, Programmes and Schemes for Persons with Disabilities (29 states and 6 union territories). We will be publishing this soon. The draft chapters along with the quarterly reports can be accessed on the project page. The second project is on developing text-to-speech software for 15 Indian languages. The progress made so far in the project can be accessed here.

►NVDA and eSpeak

Monthly Update

Work Report for July (by Suman Dogra, July 31, 2014).

Blog Entry

India's Ratification of the Marrakesh Treaty Celebrated; Accessible Books Consortium Launched (by Nehaa Chaudhari, July 1, 2014): India became the first country to ratify the Marrakesh Treaty.

Media Coverage

SpicyIP Tidbit: India ratifies the Marrakesh Treaty for the Visually Impaired (by Thomas J. Vallianeth, Spicy IP, July 1, 2014).

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Access to Knowledge
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As part of the Access to Knowledge programme we are doing two projects. The first one (Pervasive Technologies) under a grant from the International Development Research Centre (IDRC) is for research on the complex interplay between pervasive technologies and intellectual property to support intellectual property norms that encourage the proliferation and development of such technologies as a social good. The second one (Wikipedia) under a grant from the Wikimedia Foundation is for the growth of Indic language communities and projects by designing community collaborations and partnerships that recruit and cultivate new editors and explore innovative approaches to building projects.

►WIPO

Participation in Event and Statements
Nehaa Chaudhari participated in the 28^th session of WIPO-SCCR held in Geneva from June 30 to July 4, 2014. The following have been the outputs from the event:

Statement on the Proposed Treaty for the Protection of Broadcasting Organizations at WIPO SCCR 28 (by Nehaa Chaudhari, July 2, 2014).
Opening Comments by India on Limitations and Exceptions for Libraries and Archives at WIPO SCCR 28 (posted by Nehaa Chaudhari, July 7, 2014). This was the statement made by the Indian delegation at WIPO-SCCR 28^th session on July 2, 2014.
Statement on the Limitations and Exceptions for Libraries and Archives at WIPO SCCR 28 (by Nehaa Chaudhari, July 3, 2014).
28th Session of the WIPO SCCR: Report on the Proposed Treaty for the Protection of Broadcasting Organizations (by Nehaa Chaudhari, July 29, 2014).

► Pervasive Technologies

Research Papers

Patent Valuation and License Fee Determination in Context of Patent Pools (by Vikrant Narayan Vasudeva, July 9, 2014). Vikrant has produced research that examines patent valuation and license fee determination in detail.
Grounds for Compulsory Patent Licensing in United States, Canada, China, and India (by Maggie Huang, July 29, 2014). In her research paper Maggie tries to answer questions about the grounds of compulsory licensing in international treaties with specific examples from America and Asia.

►Wikipedia
As part of the project grant from the Wikimedia Foundation we have reached out to more than 3500 people across India by organizing more than 100 outreach events and catalysed the release of encyclopaedic and other content under the Creative Commons (CC-BY-3.0) license in four Indian languages (21 books in Telugu, 13 in Odia, 4 volumes of encyclopaedia in Konkani and 6 volumes in Kannada, and 1 book on Odia language history in English).

Announcement
Our grant application to the Funds Dissemination Committee (FDC) of the Wikimedia Foundation was approved by its board which met in Frankfurt from May 21 to 24, 2014. CIS had requested a grant of Rs. 18,406,454 and were awarded Rs. 12,000,000 for the next one year.

The following were done this month:

Articles / Blog Entries

Aircel & Wikimedia Foundation announce Wikipedia Zero (by Dr. U.B.Pavanaja, Prajavani, July 3, 2014). As per this, users of Aircel need not pay for data for accessing Wikipedia.
ଇଣ୍ଟରନେଟରେ ଓଡ଼ିଆ ଅକ୍ଷରସଜ୍ଜା (by Subhashish Panigrahi, Samaja, July 4, 2014).
State of Odia Language in Computing and Future Steps (by Subhashish Panigrahi, Sovereign, July 7, 2014).
ଓଡ଼ିଆ ଭାଷା ବିକାଶର ରାସ୍ତା (by Subhashish Panigrahi, The Sambad, July 23, 2014).
University of Mysore Re-releases Kannada Vishwakosha (Encyclopaedia) under Creative Commons Free License (by Dr. U.B.Pavanaja, July 24, 2014). Leading English and Kannada dailies like Andolana Kannada, City Today, Deccan Herald, Hosa Diganta, Kannada Jana Mana, Kannada Prabha, Rajya Dharma, Samyukta Karnataka, The Hindu, The New Indian Express, Udayavani, Vijaya Karnataka, and Vijaya Vani published about this. Scanned versions of the published articles can be downloaded here.
Wiki Loves Pride 2014 and Adding Diversity to Wikipedia (by Dorothy Howard, Wikimedia Blog, July 25, 2014).
Doctors and Translators Are Working Together to Bridge Wikipedia's Medical Language Gap (by Subhashish Panigrahi, Global Voices, July 27, 2014). This was re-published on the Wikimedia Blog, July 30, 2014.
Classical Odia Language in the Digital Age (by Subhashish Panigrahi, Odisha Review, posted on July 28, 2014). The essay was published in the magazine’s June edition.

Event Organized

Open Knowledge Day (co-organized by Mysore University and CIS-A2K, Kuvempu Institute of Kannada Studies, University of Mysore, July 15, 2014). The event coincided with the Open Knowledge Festival in Berlin from July 15 to 17. Dr. U.B.Pavanaja conducted the event. On this occasion Mysore University released six volumes of Kannada Vishwakosha under the Creative Commons (CC) license.

Participation in Events

National Level Seminar on Computer Application and Odia Language (organized by Institute of Odia Studies and Research, July 6, 2014). Subhashish Panigrahi was a panelist.
Open Knowledge Festival 2014 (organized by Google, Omidyar, et.al., Berlin, July 15 – 17, 2014). Subhashish Panigrahi represented India as the India Ambassador of OpenGLAM local and made a presentation.
#NAMA: The Future of Indic Languages (organized by Medianama, The Oberoi Hotel, Bangalore, July 24, 2014). Subhashish Panigrahi participated in the event.

News and Media Coverage
CIS-A2K team gave its inputs to the following media coverage:

Wikipedia edit-a-thons to add content on LGBTs (by Renuka Phadnis, The Hindu, July 7, 2014).
Font problem hits Odia (by Bibhuti Barik, The Telegraph, July 7, 2014).
Four volumes of Kannada Encyclopaedia digitised (by R. Krishna Kumar, The Hindu, July 12, 2014).
‘ಕನ್ನಡ ವಿಶ್ವಕೋಶ’ಕ್ಕೆ ಇನ್ನು ಲೈಸೆನ್ಸ್ ಹಂಗಿಲ್ಲ (Prajavani, July 14, 2014).
Soon, all 14 volumes of Kannada encyclopaedia to be online (by R. Krishna Kumar, The Hindu, July 15, 2014).
ವಿಕಿಪಿಡಿಯಾಗೆ ಕನ್ನಡ ವಿಶ್ವಕೋಶ (Kannada Prabha, July 15, 2014).
ಕನ್ನಡ ವಿಶ್ವಕೋಶದ ಆರು ಸಂಪುಟ ವಿಕಿಪೀಡಿಯಾಗೆ (Udayavani, July 15, 2014).
ವಿಕಿಪೀಡಿಯಾದಲ್ಲಿ kannada ವಿಶ್ವಕೋಶ : ಈಗ ಆನ್ ಲೈನ್ ನಲ್ಲಿ 6 ಸಂಪುಟಗಳು ಮುಕ್ತ…ಮುಕ್ತ……( Just Kannada, July 15, 2014).
Six Kannada encyclopaedias released (Webindia 123, July 15, 2014).
150 Rare Books Get New Lease of Life Online, Courtesy Students (by Anila Backer, New Indian Express, July 15, 2014).
Open Access: Students help revive and digitize rare books for Malayalam Wiki Library (Spicy IP, July 15, 2014).
'Trolled' from US Congress, Wikipedia bans edits (by Narayan Lakshman, The Hindu, July 25, 2014).
Telugu Wikipedia struggles to stay afloat (by Renuka Phadnis, The Hindu, July 27, 2014).
The joys of being a Wikipedian (by Svetlana Lasrado, New Indian Express, July 29, 2014).
Kannada Wikipedia Presentation (Vijayavani, July 30, 2014).
Kannada Wikipedia Presentation for Kannada Science Writers (Prajavani, July 31, 2014).

►Openness

Blog Entries

Mozilla brings Indian Communities together Twice in One Month (by Subhashish Panigrahi, Mozilla Website, July 8, 2014).
Mozilla Brings Indian Communities Together (by Subhashish Panigrahi, Opensource.com, July 13, 2014).
Department of Biotechnology and Department of Science, Ministry of Science and Technology, Government of India, release Open Access Policy (by Anubha Sinha, July 18, 2014). We have also been acknowledged in the policy.

HasGeek Event

The Fifth Elephant (NIMHANS Convention Centre, July 25-26, 2014). CIS was a community outreach partner.

Media Coverage

Plan for open access to science research (by Renuka Phadnis, The Hindu, July 22, 2014).
Indian Govt looks to provide free access to publicly-funded research works (by Riddhi Mukherjee, Medianama, July 23, 2014).

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Internet Governance
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►Freedom of Expression

As part of our project on Freedom of Expression (funded through a grant from the MacArthur Foundation) to study the restrictions placed on freedom of expression online by the Indian government and contribute to the debates around Internet governance and freedom of expression at forums like ICANN, ITU, IGF, WSIS, etc., we bring you the following outputs:

Blog Entries

ICANN’s Documentary Information Disclosure Policy – I: DIDP Basics (by Vinayak Mithal, July 1, 2014).
Reading the Fine Script: Service Providers, Terms and Conditions and Consumer Rights (by Jyoti Panday, July 2, 2014).
Facebook and its Aversion to Anonymous and Pseudonymous Speech (by Jessamine Mathew, July 4, 2014).
Free Speech and Surveillance (by Gautam Bhatia, July 7, 2014).
Delhi High Court Orders Blocking of Websites after Sony Complains Infringement of 2014 FIFA World Cup Telecast Rights (by Anubha Sinha, July 8, 2014).
GNI and IAMAI Launch Interactive Slideshow Exploring Impact of India's Internet Laws (by Jyoti Panday, July 17, 2014).

FOEX Live

We are also posting a selection of news from across India implicating online freedom of expression and use of digital technology: July 7, 2014.

►Privacy

As part of our Surveillance and Freedom: Global Understandings and Rights Development (SAFEGUARD) project with Privacy International we are engaged in enhancing respect for the right to privacy in developing countries. We have produced the following outputs during the month:

Blog Entries

Models for Surveillance and Interception of Communications Worldwide (by Bedavyasa Mohanty, July 2, 2014).
The Constitutionality of Indian Surveillance Law: Public Emergency as a Condition Precedent for Intercepting Communications (by Bedavyasa Mohanty, July 4, 2014).
UK’s Interception of Communications Commissioner — A Model of Accountability (by Joe Sheehan, July 24, 2014).

Event Report

First Privacy and Surveillance Roundtable (by Anandini K Rathore, July 18, 2014).

Article

Private Censorship and the Right to Hear (by Chinmayi Arun, The Hoot, July 17, 2014). The article was also mirrored on the website of the Centre for Communication Governance.

Participation in Events

Information Influx Conference (organized by the Institute for Information Law, University of Amsterdam, July 2 – 4, 2014). Malavika Jayaram was a speaker.
Consultation to Frame Rules under the Whistle Blowers Protection Act, 2011 (organized by National Campaign for People's Right to Information and Centre for Communication Governance, National Law University, New Delhi, July 5, 2014). Bhairav Acharya participated in the event.
Best Practices Meet (organized by DSCI, Hotel Leela Palace, Bangalore, July 9, 2014). Sunil Abraham was a panelist.
Rethinking Privacy: The Link between Florida v. Jardines and the Surveillance of Nature Films (organized by Indian Institute of Technology, Madras, July 11, 2014). Bhairav Acharya gave a talk.
Region as Frame: Politics, Presence, Practice (organized by International Association for Media and Communication Research, Hyderabad, July 18, 2014). Sunil Abraham was a speaker for these panels: Governing Digital Spaces: Issues of Access, Privacy and Freedom, UNESCO panel debate, and Special Session on Research Paths In and Outside of the Academy.
ICT Awareness Program for Myanmar Parliamentarians (organized by Myanmar ICT for Development Organization, July 26 – 27, 2014, Yangon). Sunil Abraham participated in the event as a speaker and presented on Innovation Ecosystem and Thinking about Internet Regulation.

--------------------------------------
News & Media Coverage
--------------------------------------
CIS gave its inputs to the following media coverage:

Cyber-crimes shoot up 52% in India over last year (by K.V.Kurmanath, Hindu Businessline, July 2, 2014).
COAI, Centre for Internet & Society to hold pan-India meetings on privacy issues (IANS, July 4, 2014). The news was mirrored in the Times of India , NDTV, Business Standard , Economic Times , and World News.
Living in a Fish Bowl (by Shuma Raha, The Telegraph, July 16, 2014).
Terror recruiters target Indians on internet (by Sandhya Soman, July 18, 2014).
The trouble with trolls (by Vishal Mathur, Livemint, July 22, 2014).
India’s dedicated Cryptology centre gets Rs. 115 crore funding (by Harichandan Arakali, SearchSecurity.in, July 28, 2014).

►Cyber Stewards
As part of its project on mapping cyber security actors in South Asia and South East Asia with the Citizen Lab, Munk School of Global Affairs, University of Toronto and the International Development Research Centre, Canada, CIS conducted 2 new interviews. With this it has finished a total of 19 interviews:

Video Interviews

Lobsang Gyatso Sither (July 31, 2014).

Lobsang Sangay (July 31, 2014).

--------------------------------
Digital Humanities
--------------------------------
CIS is building research clusters in the field of Digital Humanities. The Digital will be used as a way of unpacking the debates in humanities and social sciences and look at the new frameworks, concepts and ideas that emerge in our engagement with the digital. The clusters aim to produce and document new conversations and debates that shape the contours of Digital Humanities in Asia:

Peer Reviewed Article

Asia in the Edges: A Narrative Account of the Inter-Asia Cultural Studies Summer School in Bangalore (by Nishant Shah, Inter-Asia Cultural Studies Journal, Volume 15, Issue 2, July 3, 2014). This is the narrative account of the experiments and ideas that shaped the second Summer School, “The Asian Edge” which was hosted in Bangalore, India, in 2012.

Blog Entry

Reading from a Distance — Data as Text (by P.P. Sneha, July 23, 2014).

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About CIS
-----------------------------------------------------
The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

► Follow us elsewhere

Twitter: https://twitter.com/CISA2K
Facebook group: https://www.facebook.com/cisa2k
Visit us at: https://meta.wikimedia.org/wiki/India_Access_To_Knowledge
E-mail: a2k@cis-india.org

► Support Us
Please help us defend consumer / citizen rights on the Internet! Write a cheque in favour of ‘The Centre for Internet and Society’ and mail it to us at No. 194, 2nd ‘C’ Cross, Domlur, 2nd Stage, Bengaluru – 5600 71.

► Request for Collaboration:
We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, atsunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language Wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

CIS is grateful to its primary donor the Kusuma Trust founded by Anurag Dikshit and Soma Pujari, philanthropists of Indian origin for its core funding and support for most of its projects. CIS is also grateful to its other donors, Wikimedia Foundation, Ford Foundation, Privacy International, UK, Hans Foundation, MacArthur Foundation, and IDRC for funding its various projects.

For more details visit https://cis-india.org/about/newsletters/july-2014-bulletin

Access to Knowledge Bulletin — July 2014

praskrishna — 2014-10-04T14:46:22Z

The Access to Knowledge (Wikipedia) newsletter for the month of July 2014:

University of Mysore Re-releases Kannada Vishwakosha (Encyclopaedia) under Creative Commons Free License

The University of Mysore and the Centre for Internet and Society co-organized the Open Knowledge Day in Mysore on July 15, 2014. On this occasion Mysore University released six volumes of Kannada Vishwakosha under the Creative Commons (CC) license. Kannada Vishwakosha brought out by the University of Mysore can easily be termed as the best encyclopaedia in Kannada. It has been modelled after the famous Britannica encyclopaedia. Mysore University Vishwakosha has 14 volumes having a total of 13802 pages. The very first volume was brought out in the year 1969 and the final volume was released in 2004. Many famous Kannada authors, scientists, academicians and stalwarts from other fields have worked on creating this encyclopaedia.

Leading English and Kannada dailies like Andolana Kannada, City Today, Deccan Herald, Hosa Diganta, Kannada Jana Mana, Kannada Prabha, Rajya Dharma, Samyukta Karnataka, The Hindu, The New Indian Express, Udayavani, Vijaya Karnataka, and Vijaya Vani published about this. Scanned versions of the published articles can be downloaded here.

Announcement

Our grant application to the Funds Dissemination Committee (FDC) of the Wikimedia Foundation was approved by its board which met in Frankfurt from May 21 to 24, 2014. CIS had requested a grant of Rs. 18,406,454 and were awarded Rs. 12,000,000 for the next one year.

Articles / Blog Entries

Aircel & Wikimedia Foundation announce Wikipedia Zero (by Dr. U.B.Pavanaja, Prajavani, July 3, 2014). As per this, users of Aircel need not pay for data for accessing Wikipedia.
ଇଣ୍ଟରନେଟରେ ଓଡ଼ିଆ ଅକ୍ଷରସଜ୍ଜା (by Subhashish Panigrahi, Samaja, July 4, 2014).
State of Odia Language in Computing and Future Steps (by Subhashish Panigrahi, Sovereign for national Level Seminar on "Computer Application and Odia Language", July 7, 2014).
ଓଡ଼ିଆ ଭାଷା ବିକାଶର ରାସ୍ତା (by Subhashish Panigrahi, The Sambad, July 23, 2014).
Wiki Loves Pride 2014 and Adding Diversity to Wikipedia (by Dorothy Howard, Wikimedia Blog, July 25, 2014).
Doctors and Translators Are Working Together to Bridge Wikipedia's Medical Language Gap (by Subhashish Panigrahi, Global Voices, July 27, 2014). This was re-published on the Wikimedia Blog, July 30, 2014.
Classical Odia Language in the Digital Age (by Subhashish Panigrahi, Odisha Review, posted on July 28, 2014). The essay was published in the magazine’s June edition.

Event Organized

Open Knowledge Day (co-organized by Mysore University and CIS-A2K, Kuvempu Institute of Kannada Studies, University of Mysore, July 15, 2014). The event coincided with the Open Knowledge Festival in Berlin from July 15 to 17. Dr. U.B.Pavanaja conducted the event.
Wikipedia orientation for Christ University UG students, Bangalore

Participation in Events

National Level Seminar on Computer Application and Odia Language (organized by Institute of Odia Studies and Research, July 6, 2014). Subhashish Panigrahi was a panelist.
Open Knowledge Festival 2014 (organized by Google, Omidyar, et.al., Berlin, July 15 – 17, 2014). Subhashish Panigrahi represented India as the India Ambassador of OpenGLAM local and made a presentation.
# NAMA: The Future of Indic Languages (organized by Medianama, The Oberoi Hotel, Bangalore, July 24, 2014). Subhashish Panigrahi participated in the event.
Kannada Wikipedia Presentation for Kannada Science Writers (organized by Karnataka Rajya Vijnana Parishath at PDA College of Engineering, Gulbarga, July 29, 2014). Dr. U.B. Pavanaja gave the presentation and demo. Thirty-two participants attended the workshop.
Kannada Wikipedia Presentation for Students and Research Scholars (organized by Central University of Karnataka, Gulbarga, July 30, 2014). Dr. U. B. Pavanaja gave the presentation and demo. 37 participants attended the presentation.
Talk about Kannada Wikipedia (organized by District Kannada Sahithya Parishath, S.M. Pandit Auditorium, Gulbarga, July 30, 2014). Dr. U.B. Pavanaja gave a talk as inaugurator of the first session of the Jilla Sahithya Sammelana (district literary festival). About 600 people attended this talk.

News and Media Coverage

CIS-A2K team gave its inputs to the following media coverage:

Wikipedia edit-a-thons to add content on LGBTs (by Renuka Phadnis, The Hindu, July 7, 2014).
Font problem hits Odia (by Bibhuti Barik, The Telegraph, July 7, 2014).
Four volumes of Kannada Encyclopaedia digitised (by R. Krishna Kumar, The Hindu, July 12, 2014).
‘ಕನ್ನಡ ವಿಶ್ವಕೋಶ’ಕ್ಕೆ ಇನ್ನು ಲೈಸೆನ್ಸ್ ಹಂಗಿಲ್ಲ (Prajavani, July 14, 2014).
Soon, all 14 volumes of Kannada encyclopaedia to be online (by R. Krishna Kumar, The Hindu, July 15, 2014).
ವಿಕಿಪಿಡಿಯಾಗೆ ಕನ್ನಡ ವಿಶ್ವಕೋಶ (Kannada Prabha, July 15, 2014).
ಕನ್ನಡ ವಿಶ್ವಕೋಶದ ಆರು ಸಂಪುಟ ವಿಕಿಪೀಡಿಯಾಗೆ (Udayavani, July 15, 2014).
ವಿಕಿಪೀಡಿಯಾದಲ್ಲಿ kannada ವಿಶ್ವಕೋಶ : ಈಗ ಆನ್ ಲೈನ್ ನಲ್ಲಿ 6 ಸಂಪುಟಗಳು ಮುಕ್ತ…ಮುಕ್ತ……(Just Kannada, July 15, 2014).
Six Kannada encyclopaedias released (Webindia 123, July 15, 2014).
150 Rare Books Get New Lease of Life Online, Courtesy Students (by Anila Backer, New Indian Express, July 15, 2014).
Open Access: Students help revive and digitize rare books for Malayalam Wiki Library (Spicy IP, July 15, 2014).
'Trolled' from US Congress, Wikipedia bans edits (by Narayan Lakshman, The Hindu, July 25, 2014).
Telugu Wikipedia struggles to stay afloat (by Renuka Phadnis, The Hindu, July 27, 2014).
The joys of being a Wikipedian (by Svetlana Lasrado, New Indian Express, July 29, 2014).
Kannada Wikipedia Presentation (Vijayavani, July 30, 2014).
Kannada Wikipedia Presentation for Kannada Science Writers (Prajavani, July 31, 2014).

Wikimedia Foundation has funded A2K to anchor the growth of Wikimedia movement in India. The A2K team consists of six members, four based in Bangalore: T. Vishnu Vardhan, Dr. U.B. Pavanaja, Subhashish Panigrahi and Rahmanuddin Shaikh. One team member Nitika Tandon is based in Delhi. We also have one Advisor Dr. Tejaswini Niranjana working with us. Archives of our newsletters can be accessed here. Wikipedians from various communities can request for outreach programs, technical bugs, logistics-merchandize and media, public relations and communications here.

About CIS

The Centre for Internet and Society is a non-profit research organization that works on policy issues relating to freedom of expression, privacy, accessibility for persons with disabilities, access to knowledge and IPR reform, and openness (including open government, FOSS, open standards, etc.), and engages in academic research on digital natives and digital humanities.

Follow us elsewhere

Twitter: https://twitter.com/CISA2K
CIS group on Facebook: https://www.facebook.com/groups/cis.india
Visit us at: https://cis-india.org

Request for Collaboration:

We invite researchers, practitioners, and theoreticians, both organisationally and as individuals, to collaboratively engage with Internet and society and improve our understanding of this new field. To discuss the research collaborations, write to Sunil Abraham, Executive Director, at sunil@cis-india.org or Nishant Shah, Director – Research, at nishant@cis-india.org. To discuss collaborations on Indic language wikipedia, write to T. Vishnu Vardhan, Programme Director, A2K, at vishnu@cis-india.org.

For more details visit https://cis-india.org/about/newsletters/access-to-knowledge-bulletin-july-2014

Global Congress on Intellectual Property and the Public Interest, 2015

sinha — 2015-06-24T16:45:21Z

We are pleased to announce that the Centre for Internet and Society will be hosting the fourth edition of the Global Congress on Intellectual Property and the Public Interest at New Delhi, India, tentatively in the first two weeks of December, 2015. This post seeks your participation and invites your queries and suggestions for the event.

The theme for this year’s Congress will be “Three Decades of Openness; Two Decades of TRIPS.” We are now inviting applications to participate in the Congress, including session participation and presentations. We are also welcoming proposals for panels and workshops.

The application form is available now at [http://form.jotformpro.com/form/50854976184973?] Please note that this form is for application purposes, and does not amount to confirmation of participation. The registrations for the plenary sessions, which are open to the public, will open closer to the date of the Global Congress.

Deadlines

August 1st: Priority Deadline for Applications- Applicants will be considered on a rolling basis, with applications made by August 1st being given first consideration. Applications after August 1st to receive travel assistance will be considered only under exceptional circumstances (these details will be collected in a subsequent form).

November 1st: All applications for session participation and paper submissions will close on November 1st.

Application Information

For applications to participate/host: Applications to present or host workshops shall be considered based on the proposals to be submitted in the form.

For applications to attend sessions: Applications to attend sessions as discussants will be considered based on the statement of purpose and/or any other relevant information provided by the applicant.

Limited travel grants to cover accommodation and/or travel to the Congress will be available, with priority to those from developing countries.

Background, Theme and Expected Outcomes

The Global Congress on Intellectual Property and the Public Interest is the most significant event on the calendar for scholars and policy advocates working on intellectual property from a public interest perspective. By sharing their research and strategies, the network of experts and activists supported by the Global Congress are empowered to put forward a positive agenda for policy reform. The Global Congress began in Washington D.C. in 2011, moved to Rio de Janeiro in 2012, and was held in Cape Town in 2013. The fourth Global Congress will now be held in New Delhi, in December 2015. The event would be the largest convening of public interest-oriented intellectual property practitioners ever held in Asia, and would help link in the world's most populous region to these global debates around how intellectual property policy can best serve the public interest.

The fourth edition of the Global Congress brings research, civil society, industry and regulatory and policy-making communities together for active, intense engagement on key public-interest intellectual property issues. Opportunities for these groups to interact are rare but valuable; and have been proven to lead to successful policy outcomes. The 4^th edition of the Congress, slated to be held in December, 2015 in New Delhi seeks to be one such opportunity.

The theme for the 2015 Congress is Three Decades of Openness; Two Decades of TRIPS-coming at a pivotal time for reflection, revision, and further strategizing. Specifically, the 2015 Congress seeks to produce three outcomes- first, the mobilization of existing scholarly research directly into the hands of civil society advocates, business leaders and policy makers, leading to evidence-based policies and practices; second, the collaborative identification of urgent, global and local research priorities and generation of a joint research/advocacy agenda; and third, the solidification of an inter-disciplinary, cross-sector and global networked community of experts focused on public interest aspects of IP policy and practice.

Participation Opportunities

Discussions at the Global Congress will be carried out in the form of plenary sessions, thematic tracks, cross-track sessions, and the room of scholars. Participation is invited for the thematic track sessions, cross-track sessions and the room of scholars.

The thematic tracks at the Global Congress are: 1) Openness, 2) Access to Medicines, 3) User Rights, 4) IP and Development. Cross-track sessions will feature research that cuts across tracks in order to facilitate engagement between tracks on themes of mutual interest.

The Room of Scholars will feature presentations of research outputs such as draft works or white papers that may not fit directly within the thematic tracks but fall within the overall theme of the Global Congress.

Participation could be in the form of presenting / discussing conference papers or policy briefs, or by conducting workshops where they may share their own work and solicit feedback from peers, during the aforementioned sessions.

The application form for participation is available now at http://form.jotformpro.com/form/50854976184973?. Please forward this invitation to interested lists and individuals. For more information or questions, you may contact global-congress@cis-india.org.

Organisation

The 4^th Global Congress on Intellectual Property and Public Interest, is being organised in cooperation with National Law University, Delhi, by the American Assembly at Columbia University, the Centre for Internet and Society, Open A.I.R., and the Program on Information Justice and Intellectual Property at American University Washington College of Law.

For any clarifications or queries, please contact:

Global Congress organising team: global-congress@cis-india.org

Swaraj Paul Barooah: swaraj.barooah@gmail.com
Shruthi Chandrasekaran: shruthi.chandrasekaran@gmail.com

The planning team also includes:

Anubha Sinha: anubha@cis-india.org
M.P. Nagaraj: nagaraj@cis-india.org
Maggie Huang: maggie@cis-india.org
Pranesh Prakash: pranesh@cis-india.org
Rohini Lakshane: rohini@cis-india.org
Sunil Abraham: sunil@cis-india.org
Nehaa Chaudhari: nehaa@cis-india.org

For more details visit https://cis-india.org/a2k/2015-global-congress-on-intellectual-property-and-the-public-interest

Kannada Wikipedia Presentation

praskrishna — 2014-08-06T09:57:48Z

The following is a scanned copy of the media coverage for the Kannada Wikipedia presentation at the Kannada Science Writers workshop at Gulbarga on July 29,2014, in Gulbarga edition of Vijayavani Kannada daily, dated July 30.

For more details visit https://cis-india.org/news/kannada-wikipedia-presentation-vijayavani-coverage

The joys of being a Wikipedian

praskrishna — 2014-07-30T05:19:16Z

Radha Krishna, an engineer, had always wanted to share information online so that people who wanted to learn more could just log in and benefit by reading his articles. Eight years ago he started his own website for this very purpose. But he found it hard to maintain the site. He then chanced upon Wikipedia, the largest open-source encyclopedia, which was then just becoming popular in the country.

The article by Svetlana Lasrado was published in the New Indian Express on July 29, 2014. T. Vishnu Vardhan gave his inputs.

He registered an account on the website and started contributing to it by editing articles and adding references. Krishna, who has contributed over 4000 articles so far, prides himself on being one of the first few Wiki editors from Bangalore.

Komal Khatokar, on the other hand, has not spent as much time on the site as Krishna.

This 19-year-old B Com student of Christ University had to contribute one article to the Indian language Wikipedia last year as part of her assignment in a language of her choice, Sanskrit. She says, “I wrote an article on G V Iyer, who was the first person to direct a movie in Sanskrit.”

But it did not stop there. Last May, she took up an internship project with The Centre for Internet & Society (CIS), which acts as a catalyst for the Wikipedia movement in India. She wanted to explore the world of Wiki writing.

“I took part in a project to add articles from the Kannada encyclopedia online. We uploaded over 1200 articles, which will go live on the main website in October.” Komal now edits copies on the site and despite her hectic college schedule, wants to continue contributing to Wikipedia in any way that she can.

Anybody with an Internet access can edit an article on Wikipedia. Globally, the English Wikipedia has over 4 million articles and there are over a million registered users.

And in Bangalore, from just 10 members five years ago, there are now over 100 registered volunteers who contribute to the website on a daily basis, says Vishnu Vardhan, from CIS and adds, “Now, the maximum number of Wikipedians from India are from Bangalore and majority of the founding members of the Wikimedia India Chapter are also from here.”

Apart from English content, world over Wikipedia has many regional chapters covering over 200 languages to increase representation of region-specific content. In India, the Access to Knowledge programme developed by CIS works towards the growth of Indian language Wikipedias. In this regard, Vishnu states that Bangalore has a majority of active Kannada Wikipedia volunteers and is the single largest location for active Malayalam Wikipedians. Bangalore is also the second largest location for Telugu Wikipedia community after Hyderabad, he observes. The strong volunteer community is involved in the Wiki movement in ways more than one.

Different ways to contribute

Jeph Paul is not a Wikipedian in the traditional sense of the word. Why? Because he doesn't contribute or edit articles on the website. What he does is very technical. He develops tools and gadgets for Wikipedia in India to enhance user experience. Jeph got involved when Wikipedia started providing grants of up to $30000 to people who wanted to improve the usability and functionality of the website. Jeph applied and received $500 for his project. His project was simple -- he created a visual representation of how an article evolved. He explains, “There are over 100 editors who pore over just one article and modify it — the edits can be a sentence that is rewritten, a reference link added or citations made. But the changes are a lot and minute. I created a tool where people could see what changes are made and how the article evolves over a period of time.”

Besides developing tools and software, Jeph points out that users can generate visual content. For instance, there are some topics such as historical monuments which require visual documentation. Users can submit their visual repository to Wikipedia to enhance text content.

Wikipedia Caveats

Wikipedia, globally ranked sixth among all the websites based on web traffic, has laid down a list of rules and guidelines which users are required to follow. For instance, when one edits articles, one should avoid personal opinions. Komal cites a recent furore when there were slanderous remarks made against actor Ambarish.

“Such personal opinions should be reserved for blogs. Wikipedia is a public domain website. Hence, when you become a contributor, you have a certain responsibility. You should refrain from portraying biased sentiments through your articles,” she observes. Contemplating on this, Komal adds that Wikipedians should not fabricate content. "They should only include what’s already published and authenticate it using a credible source," she adds.

Another rule that is of utmost importance is compliance with copyright. Radha Krishna explains, “If you want to include information from a website or article, you can't copy the text verbatim. You have to analyse the content and paraphrase it based on your own understanding, citing legitimate references.”

When in doubt, the Wikipedians assert, it is always best to take help from other editors and collaborators through the ‘Talk’ option on the website or through monthly meetings.

It's easy to be a Wikipedia contributor:

Register: Although a visitor can edit articles, it is good to register to keep a record of your edits. You will also get an access to Wikipedia’s enhanced editing features.

Start with editing: Click the ‘Edit’ tab on the article’s page to modify the copy -- check typos, grammar, sentence structure and add an explanation. For example, if it is a spelling correction, add 'Typo'.

Preview: After editing, see a preview of the modifications by clicking ‘Show Preview’.

Save: Then save the changes by clicking the ‘Save Page’ tab.

Format: Wiki uses a markup language called wikitext to format text. Acquaint yourself with this language by reading the online tutorial. For instance, you can change a text to bold or italics by surrounding a word or phrase with multiple apostrophes.

Link: You can add inline citations by linking a word to another Wikipedia page. To do so, put the word in double square brackets. You can also change the display text.

Categorise: Add categories near the bottom of the article by typing the topic using Category:

Add footnotes: You can add reference tags around your source using <ref>Your Source</ref>.

Add external links: To add a link to an external credible website, type the URL inside a single set of brackets, followed by a space and the text to be displayed.

Talk to other editors: Use talk pages to discuss articles or any issues with other Wikipedians.

For a detailed tutorial on how to edit an article, visit http://en.wikipedia.org/wiki/Wikipedia:Tutorial

Wiki meets and awareness programmes: Since 2010, the Bangalore Wikipedia community has conducted over 40 meet-ups, according to Vishnu. “This helps increase participation among all volunteers, improves engagement and understanding of the work that is being done on an ongoing basis,” he opines.

Apart from this, their main focus is to get more people to join the fray through ‘Wiki Academy’ which travels to different organisations in the country to get people acquainted to the website and give them hands-on training on editing articles. Radha Krishna explains, “We recently conducted a workshop at C-DOT and Don Bosco Engineering College.” He adds, “Wikipedia has a lot of sister projects too like Wikiversity, Wikiquote, Wikisource, Wiktionary, which people are not aware of. We want people to make use of these tools too.”

Rules every Wikipedian should follow:

Don't share unpublished results

Don't expound your personal theories or start debates

Respect other editors

If you spot an error, correct it

Write without using jargons

Do not violate copyright and attribute statements

Do not promote yourself

Do not be biased in your tone of writing. Always cover significant point of views

Don't be afraid to ask for help

For more details visit https://cis-india.org/news/new-indian-express-july-29-2014-svetlana-lasrado

28th Session of the WIPO SCCR: Report on the Proposed Treaty for the Protection of Broadcasting Organizations

nehaa — 2014-08-07T10:44:05Z

The 28th Session of the World Intellectual Property Organization (“WIPO”) Standing Committee on Copyright and Related Rights (“the Committee” / "SCCR") took place in Geneva from June 30, 2014 to July 04, 2014. In this article, Nehaa Chaudhari, who attended this meeting on behalf of CIS, discusses the developments that took place with reference to the proposed Treaty for the Protection of Broadcasting Organizations (“Broadcast Treaty”).

At its 28^th Session, the WIPO SCCR devoted two and a half days to a discussion on the Broadcast Treaty. For the majority of this period informal discussions (“Informals”) were held between member states and there was no plenary. While Non- Government Organizations ( “NGOs”) and those member states who were not participating in the Informals were able to listen to the discussions taking place, we were requested to not report about them in any form whatsoever. Consequently, this article does not mention, cite or discuss the conversations in the Informals in any manner whatsoever, and is confined to deliberations at the plenary sessions.

Preliminary

Proceedings on Day 1 (June 30, 2014) began with a speech by the Director General of WIPO, Francis Gurry. Commending the “exceptional progress” made by the Committee over the past few years, Mr. Gurry cited the Marrakesh and Beijing Treaties as success stories. In talking about the Broadcast Treaty, Mr. Gurry said that the then ongoing FIFA World Cup, 2014 was “the perfect example” for member states on the economic and social importance of broadcasting. He went on to add that the Broadcast Treaty was the last component of the international legal framework which had not been “updated for the digital environment”. Identifying the challenge as developing a shared understanding of what and how to protect, Mr. Gurry was of the opinion that the Committee would make progress on the development of an instrument that was narrow in scope to combat cross border digital piracy.

In his statement following that of the Director General, the Chairperson, Edgar Martin Moscoso Villacorta (“the Chair”) explained that he had held consultations with the regional coordinators and three other nations from each group on June 27, 2014 to figure out how best to proceed at the upcoming 28^th Session of the Committee; before opening the floor to Regional Coordinators for their Opening Statements.

Group Opening Statements by Regional Coordinators : Reflections of a North-South Divide

Opening statements by Regional Coordinators on behalf of their groups reflected sentiments similar to those witnessed at the 26^th and 27 ^th Sessions of this Committee[1]. While there was broad consensus on having a well-balanced work plan that addressed the different issues of broadcasting, limitations and exceptions for libraries and archives as well as limitations and exceptions for education, teaching, research and persons with disabilities, statements also reflected the disagreements between various groups on the maturity (or the lack thereof) of the various items on the agenda, largely along the fault-lines of the classic Global North v. the Global South. For instance, statements by the European Union (“the EU”) and Group B, the group of developed countries emphasised the convening of a diplomatic conference for the Broadcast Treaty, but on the other hand, statements by the groups of developing countries highlighted the importance of limitations and exceptions.

The Regional Coordinator (presently, Paraguay) for the Group of Latin American and Caribbean Countries (“GRULAC”) placed emphasis on a “well balanced work plan which envisages the different issues” but also stated that for their group, “the issue of limitations and exceptions for libraries and archives and educational and research institutions (is) of the utmost importance.”

The representative of Bangladesh, in his capacity as the Regional Coordinator of the Asia-Pacific Group said that their group considered all issues to be equally important, notwithstanding the fact that they might enjoy different levels of discussion at the SCCR; and on the issue of protection of broadcasting organizations said that the group was “willing to work constructively” and hoped to continue “meaningful technical discussions in finalization of the scope of the protection of broadcasting organizations and to advance further to a balanced international instrument of rights and responsibility for the broadcasting organizations.”

The statement of the Central European and Baltic States (“CEBS”) Group, presently represented by the Czech Republic categorically stated that the CEBS Group was “striving for the successful conclusion of the work regarding the protection of broadcasting organizations with the aim to recommend to the General Assemblies to convene the Diplomatic Conference to take place, as soon as possible, preferably in 2015.” (sic)

Japan, speaking on behalf of Group B, in their statement recognised the “tradition…to allocate more time to discussion on more mature subject matters”, referring to the Broadcast Treaty and, like the CEBS Group, also touched upon the issue of convening a Diplomatic Conference as soon as possible.

The European Union (“the EU”) has perhaps been one of the most vocal proponents of the Broadcast Treaty at past sessions of the Committee, and carried forward this tradition into the 28^th session as well, labelling negotiations on the Broadcast Treaty “a high priority” for Member States. The EU also echoed the statements made by the CEBS Group as well as Group B on the need to call for a diplomatic conference “as soon as possible.” In order to achieve this, said the EU, there was a need to build a “broad consensus” on the problems that needed to be addressed as well as on the extent of protection envisaged.

Technical Assistance from Broadcasters

The United States of America placed an emphasis on a treaty that would address challenges posed by new technologies, indicated in their request to the Secretariat to inform the member states about different sizes and types of broadcasters using new technologies by conducting a survey, recognising that a lot had changed over the course of the past 12 years, when a report on this issue was last prepared; a proposal which was supported by the delegation of India as well.

Following these comments by the United States of America (but in an unrelated move), the Chair suggested technical assistance be sought from broadcasters. Surprisingly, he identified three NGOs (in this case associations of broadcasters), namely Asian Broadcasters Union, International Association of Broadcasters and National Association of Broadcasters, who could provide technical assistance if required.

This stance was supported strongly by the delegations of Egypt and the Russian Federation. While it also found support from the Japanese delegation, it also pointed out that a mere presentation might bring about some confusion, and instead thought that it might be a better idea to update the studies commissioned by WIPO in 2002.

Resistance to this proposition was offered by the delegation of Venezuela who questioned the “expertize of these experts to speak to the Member States about such a complicated issue” and “the selection criteria” among others. Exclaiming in surprise at the manner on which this proposal had been accepted, the delegate sough further clarifications on the issue, demanding to know “who these very important people are who are going to come in and help us solve a problem in which we have not been able to solve in 10 years.” (sic.) The concern on the absence of transparency was also echoed by the delegate of Uruguay, who expressed his great “astonishment” at “three technical experts” at the session, saying that it was “most inappropriate” to be informed about the presence of technical experts after regional coordinators had earlier expressed their refusal to have such an exercise. In response, the Chair said that this was a decision that he had taken in response to a request for technical consultations made at the earlier session of the Committee. He went on to add that the Committee could do without the technical assistance if perceived to be unnecessary and the process not transparent.

Scope of Protection: Article 6

The Scope of Protection under the Broadcast Treaty is laid out under Article 6 of WorkingDocument 27/2/Rev. (“Working Document”). This document lays out the text which forms the basis of the negotiations at the SCCR.

Confining the Broadcast Treaty to a signal based approach versus broadening the scope of the treaty to a more technologically neutral rights based approach was the chief point of conflict between the developed and the developing nations, reflect in their statements discussed below.

Opening the proceedings, the United States of America (“the US”/ “USA”) placed complete support on the statement of Group B; but also added that the way forward “to finding consensus” was to “focus on a narrow treaty based on the core need of broadcasters for protection from signal piracy.” The US proceeded to outline its proposal of “a single right to authorise the simultaneous or near simultaneous transmission of signal to the public over any medium.” Highlighting the key advantages to this proposal the US said that its proposal was “modern”, recognizing the importance of “new technologies that are used for engaging in signal piracy and avoids a number of negatives as to which concerns have been expressed in the discussions”. However, the US was also quick to clarify that the “right would be limited to protection for the signal and not to the content contained in fixations of the broadcast” and would also “avoid interference with the rights of the right holders in the content that was broadcast” as well as “avoid any impact on consumers who were engaged in private activities such as home copying”.

India reiterated its serious concerns regarding webcasting, simulcasting and retransmission over computer networks. Japan, on the other hand, while most other nations chose to reserve their comments for discussions in the Informals alone.

On the third day of this meeting, the Chair presented the progress that had been made over the course of the discussions taking place in the Informals. He said that webcasting had been removed from the scope of application. The concern, said the Chair, was that webcasting was also carried out by other actors- not just broadcasting organizations, and that having different rules for different actors carrying out the same activity would not be “a good message” (sic.)

Rights of Broadcasters: Article 9

The Rights of Broadcasters under the Broadcast Treaty are laid out under Article 9 of the Working Document. The US said that it “remained convinced” that a narrow scope of rights would make it possible for the SCCR to recommend convening a diplomatic conference. The Russian Federation on the other spoke of the need to take into account the “appearance of new technologies which provide new possibilities, particularly the use, and the unauthorized use of the signal.”

As in the case of the Scope of Application, in the case of Rights of Broadcasters as well, the Chair updated the plenary on the discussions in the Informals. The discussions were informed by two informal documents listing out the rights as well as the scope. While discussing the rights, said the Chair, it was decided to merge simultaneous and near simultaneous retransmission since they were closely related. The rights sought to be granted to the broadcasters include those of fixation, reproduction of fixations, distribution of fixations and performance of the broadcast among others.

In response to the Chair’s invitation for suggestions, the delegate of Sri Lanka suggested that one of the sentences be rephrased as follows: “Transmission or retransmission of the broadcast signal to the public over any medium whether simultaneous, near simultaneous or deferred including on demand transmission on a broadcast signal.” She also added fixation rights should be granted only to that extent of a file being copied for the purpose of transmission, before it has been transmitted. A few other delegations either echoed similar sentiments, or chose to remain silent until the Informals.

Comments by NGOs

On the third (and the final for the Broadcast Treaty), day of discussions, the Chair opened the floor to interventions, observations and comments by NGOs.

AIR, representing broadcasting organizations spoke of the “great need” to update the Rome Convention because of the prevalence of piracy, especially transmissions over the internet. The National Association of Broadcasters cited instances of television piracy as examples of the harm to broadcasters and need for such a treaty. The Japanese Commercial Broadcasters Association expressed its support for post fixation rights and said that they were important to broadcasters, “especially the right of making available a fixed broadcast is crucial in order to fight online piracy which we said a number of times before…” (sic.). Also recognising the need to be flexible, the Japanese Commercial Broadcasters expressed their support to the proposal made by the Japanese delegation in making some rights optional.

A different set of concerns was articulated by other NGOs, who were not associations of broadcasters. Trans Atlantic Consumer Dialogue ( “TACD”) spoke of the possible “collateral damange to public access and culture” and the addition of “new layers of complications barriers and costs added” to access to information and knowledge by consumers. Further, highlighting the irony of the SCCR with the strong push towards a binding Broadcast Treaty “with a wide scope”, the Trans Atlantic Consumer Dialogue said that this was in “stark contrast on the part of some other Member States to discussing new global norms” to facilitating the role played by libraries and archives. Additionally, TACD also said that there was the danger of “opening up an endless and incomprehensive Pandora box of overlapping rights on content between non creators of broadcasts and the real creators” (sic.), and also expressed grave concern over the negative impact of post fixation rights on the use of news, culture and information by consumers ad users. “In consideration of a new international norm for broadcasters, we must not forget the common food for the free flow of information for citizens,” said TACD. It also said that the focus of the work should not be to satisfy the interests of one special group while ignoring the possible negative unintentional consequences on “normal users”, and asked for a social impact assessment of the Broadcast Treaty.

Knowledge Ecology International (“KEI”) in their statement stated that the broadcasters had failed to meet their burden of proving the need for “exclusive rights to fight piracy.” In order for the Committee to make progress, KEI suggested that the focus be on a “narrow treaty based on a single right corresponding to the key need of broadcasting organizations for protection from signal piracy.” KEI also questioned and opposed the extension of broadcasters’ rights to cable television and other services which were not only subscription based, but were also protected under theft of service laws. Further confining the scope of the Broadcast Treaty, KEI suggested that the treaty only deal with over the air broadcasts which were free to the public.

A powerful statement by CCIA referred to fixed signals as “fiction” and said that the existing model in the Brussels Satellite Convention was adequate to protect piracy of signals. Echoing the sentiments of various other organisations as well (including CIS as discussed below), CCIA stated that while broadcasters had stated that the present approach was not adequate to protect their interests, no reasons had been offered fir the same. In agreement with other nations as well as TACD before it, CCIA also sought information from WIPO on the “real world impact of the obligations” it intended to create.

Also joining the call for impact assessment was the Third World Network (“TWN”). TWN also spoke of restricting the scope of the Broadcast Treaty to the mandate accorded to the SCCR in line with the 2007 General Assembly decision, the need to base discussing on WIPO’s Development Agenda, and the “negative implications on the free flow of information over the Internet and the negative impact on the public domain and access to knowledge.”

The Centre for Internet and Society (“CIS”), in agreement with CCIA pointed out that the broadcasters had not discharged their burden of justifying the need for the Broadcast Treaty and why “international instruments including, among others, the TRIPS and the Rome Convention” were insufficient to address the concerns of broadcasters. Joining other organizations including CCIA, TACD and TWN in a call for a further study, CIS requested an impact assessment of the Broadcast Treaty on all stakeholders. Further, CIS pointed out that if the rationale for seeking this protection was the protection of the underlying investment, IP based transmissions should be out of the scope of this treaty, since the investments involved in IP based transmissions and those in broadcasting in a traditional sense were very different. CIS also strongly opposed the inclusion of fixation and post fixation rights since they were inconsistent with a signals based approach and pointed out the irony in protecting a signal for twenty years, when the signal itself lasted milliseconds.

IFTA, the Independent Film and Television Alliance placed emphasis on the separation of the content and well as the broadcast signal as well maintaining a balance by also safeguarding public interest.

Chair’s Conclusions

After five days of deliberations, the 28^th Session of the SCCR, just like the 27^th Session, ended with no conclusions being adopted by the Committee, as a result of which the Chair’s Conclusions were prepared by the Chair, Martin Moscoso.

Clarifying that this item would be maintained on the agenda for the 29^th Session of the SCCR and that there had been no agreement on recommendations to the WIPO General Assembly, the Chair’s Conclusions state that the Committee conducted discussions on issues relating to “categories of platforms and activities to be included under the object and scope of protection to be granted to broadcasting organizations in the traditional sense, and initiated discussions on definitions.” The Chair’s Conclusions also clarify that “the Secretariat was requested by some Members to provide an update of the 2010 study on “Current Market and Technology Trends in the Broadcasting Sector” (Document SCCR 19/12), focusing on the use of digital technology by cablecasting and broadcasting organizations in the traditional sense whether public or commercial, including in developing countries, with the aim of presenting the results of the study and providing opportunities for technical discussion at the 29th session of the SCCR.”

[1] See http://cis-india.org/a2k/blog/wipo-sccr-consolidated-26-session-consolidated-notes-part-1 (last accessed 17 July, 2014), http://cis-india.org/a2k/blog/wipo-sccr-26-session-consolidated-notes-part-2 (last accessed 17 July, 2014) and http://cis-india.org/a2k/blog/wipo-sccr-26-session-consolidated-notes-part-3 (last accessed 17 July, 2014) for CIS’ report on the 26^th Session of the Committee.

See http://cis-india.org/a2k/blog/wipo-sccr-27-discussions-transcripts (last accessed 17 July, 2014) for transcripts of the discussions at the 27 ^th Session of the Committee.

See http://cis-india.org/a2k/blog/cis-statement-limitations-and-exceptions-education-training-research-institutions-persons-with-other-disabilities (last accessed 17 July, 2014) and http://cis-india.org/a2k/blog/cis-statement-treaty-for-limitations-and-exceptions-for-libraries-and-archives (last accessed 17 July, 2014) for CIS’ Statements at the 26^th Session of the Committee.

See http://cis-india.org/a2k/blog/cis-statement-27-sccr-on-wipo-proposed-treaty-for-protection-of-broadcasting-organizations (last accessed 17 July, 2014), http://cis-india.org/a2k/blog/cis-statement-orphan-works-retracted-withdrawn-works-and-works-out-of-commerce-at-27-sccr-on-limitations-and-exceptions-for-libraries-and-archives (last accessed 17 July, 2014) and http://cis-india.org/a2k/blog/cis-statement-on-technological-measures-of-protection-27-sccr-on-limitations-exceptions-for-libraries-and-archives (last accessed 17 July, 2014) for CIS’ Statements at the 27^th Session of the Committee.

For more details visit https://cis-india.org/a2k/blogs/wipo-sccr-28-proposed-treaty-for-protection-of-broadcasting-organizations

Grounds for Compulsory Patent Licensing in United States, Canada, China, and India

maggie — 2014-07-29T08:45:25Z

The research paper seeks to answer questions about the grounds of compulsory licensing in international treaties with specific examples from America and Asia. The grounds for granting compulsory licenses, jurisdictional comparison of compulsory licensing, etc., are examined.

Holding ownership to a patented invention means one has certain exclusive rights: a) the right to decide who may use the invention during the time of protection; b) the right to give licenses to other parties to use the invention on mutually agreed terms; and, c) the right to sell and transfer ownership of the patent to someone else[1]. Once this patent expires, the invention would enter the public domain to be shared freely[2].

However, given certain conditions, a compulsory license can be granted, in which “authorization [is] given by national authority to a person without or against the consent of the titleholder, for the exploitation of a subject matter protected by a patent or other intellectual property rights” [3].

Compulsory licensing has been most contentiously applied for patented pharmaceutical companies who are often looking to recoup research and development costs. Proponents of this instrument are now also growing amongst advocates for climate change mitigation technologies [4]. The Pervasive Technologies: Access to Knowledge in the Marketplace project is broadly assessing access to knowledge through sub-100 dollar devices. The accessibility of these critical technologies, and subsequent access to knowledge, information, and culture through these devices may be implicated by this policy lever[5]

Thus, this paper seeks to answer the following questions:

What are the grounds for compulsory licensing set in international treaties?
How does Canada, United States (i.e. North America), India, and China (i.e. Asia) provide for compulsory licensing within its national laws?

This will be done through first providing an overview of the relevant international treaties to understand the compulsory licensing framework which signatory nations must follow. Then, utilizing Correa (1999)'s study as a foundation, an analysis of the text within the four aforementioned's codified laws will be assessed to understand all the possible grounds compulsory licensing can be provided. This paper will conclude by summarizing any significant distinctions across the four jurisdictions.

Compulsory Patent Licensing in International Law and Regional Trade Agreements
Paris Convention for the Protection of Industrial Property (1883) [6]
Article 5(2) of the Paris Convention provides each country with the right to "grant compulsory licenses to prevent abuses which might result form the exercise of exclusive rights conferred by the patent… " United States, Canada, China, and India are four of the 175 contracting parties to this convention [7]. This can only be done after 4 years of applying for the patent, or 3 years from the date in which the patent was granted. This means, a sufficient amount of time must have elapsed to allow the rights holder to exploit the invention.

North American Free Trade Agreement (1994)[8]
Article 1704 in NAFTA provides that "appropriate measures" can be taken to control abusive or anticompetitive practices. The United States and Canada have utilized this ground of anti-competition to grant numerous compulsory licenses.

Article 1709 notes that there must not be a discrimination of technology – patents may only be revoked when the grant has not remedied lack of exploitation, and that the use of the patent adheres to certain criteria.

In 1993, Canada repealed the compulsory licensing regulations from its Patent Law to comply with the international TRIPS and NAFTA treaties.

Trade Related Aspects of Intellectual Property Rights (1994) [9]
All members of the World Trade Organization is provided the right to use compulsory licenses via Article 31 Other Use Without Authorization of the Right Holder within the Trade Related Aspects of Intellectual Property Rights (TRIPs) agreement. This Article stipulates 12 procedural provisions: compulsory licensing should be granted on 'individual merits'[10], must have shown prior effort to obtain authorization under reasonable commercial terms [11], must be non-exclusive[12], adequate renumeration must be provided[13], and the license must be terminated as soon as the circumstances for which it was granted cease to exist[14].

Suggested, but not obligatory grounds for which compulsory licensing could be granted under the TRIPs agreement are a) emergency and extreme urgency, b) anticompetitive practices, c) public non-commercial use, and the d) use of dependent patents[15].

Doha Declaration on the TRIPS Agreement and Public Health (2001)
The Doha Declaration is a clarification of the earlier TRIPS agreement in response to some countries' public health concerns due to obstacles to accessing patented medicines.[16]

Paragraph 4 of the Doha Declaration expressly allows Members to take measures to protect public health, while paragraph 5b states that "each Member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted". Freedom of each country to define the terms of their intellectual property rights is also further reiterated.

Grounds for granting compulsory licenses
Correa (1999) in his paper Intellectual Property Rights and the Use of Compulsory License: Options for Developing Countries outlines eight common grounds which provided the framework for this comparative analysis between the jurisdictions of the United States, Canada, India, and China. Through analyzing the codified law on compulsory licensing, a few other grounds were added to the list.

Refusal to deal
In principle, the patent owner has an exclusive right to determine whether or not to issue a license to a third party. However, if under reasonable terms, one still refuses to issue a license, national courts may interpret this as an abuse of patent rights, resulting in lack of availability of the product and commercial development. In the United States, this is often raised as an anticompetitive issue.

Non-working and inadequate supply
The "working obligation" was initially understood as the industrial use of an invention, which according to Article 31 of the TRIPs Agreement required working 'predominantly' for local markets. However, many countries have defined 'working' to include commercial use of the invention, in which importation of a product would suffice[17].

Public interest
The public interest needs to be balanced with individuals' rights, and it is the responsibility of the courts or administration in each respective country to determine this. Thus, what actually constitutes as "public interest" varies depending on time and jurisdiction. For example, countries with limited industrial development could consider a compulsory patent to develop its national industries as for public interest [18]. Accessibility of a product at the lowest price have been argued to be in public interest, but some courts have ruled this to be invalid[19]

Anticompetitive practices
A patent is essentially a temporary monopoly meant to provide an economic reward for the inventor's work, as well as additional incentive to continue producing[20]. However, excessive monopolization through unlawful or unfair practices, such as when a patent is overly broad, acquiring and accumulating patent portfolios, and subsequent patent trolling are some acts that be considered anticompetitive patent practices[21]. Compulsory licenses have also been granted through this ground under anti-monopoly, antitrust, and competition laws.

Governmental use
Each country's government decides what is to be considered as governmental use. Occasionally synonymous to government use has also been public, non-commercial use, or as suggested by the TRIPs agreement, for the purposes of national emergency or urgency. This is assuming the government is acting on behalf of public interest; given its lack of an international standardized definition, this ground can be utilized and interpreted in other ways.

Facilitate use of dependent patents
When a new invention (dependent invention) cannot be developed without infringing on the license of an existing patented invention, (principle invention) a compulsory licensing can be granted to facilitate innovation. This ensures the patents of principle inventions would not block technical progress. The TRIPs agreement expressly allows this, provided reasonable compensation is articulated. In some jurisdictions, cross-licensing, (which involves a licensing agreement between two parties to exploit each other's intellectual property[22]) can be negotiated to resolve this issue.

Compulsory licenses for medicines
Numerous countries have issued licenses for increased accessibility to food and medicine. Prior to the Doha Round, TRIPs prohibited this, as Article 27 states "national laws cannot discriminate in exercise of patent rights on the basis of field of technology". However, the Doha Declaration addressed this, allowing pharmaceuticals to have increased accessibility (via pricing, production, and importation) for the sake of public health.

Exclusive Grant Back or Coercive Package Licensing
A grant back can be agreed upon when there is an expectation of an improvement on the licensed technology through increased superiority or method [23]. This allows the licensee to commercialize an improved product without having to file for another patent[24]. Exclusive grant back provides the licensor the exclusive right to use or sublicense improvements, while licensee retains non-exclusive right to practice the improvements.[25] Grant-backs, particularly exclusive ones are sometimes deemed as anticompetitive.

A package license, otherwise known as patent pools is used when the licensing of more than one patent is necessary to commercialize an invention [26] Coercive package licensing can occur when the licensing of other patents within the package is forceful and unnecessary. The defining and interpretation of 'coercion' ultimately depends on each country's respective authorities.

Hindrance from Importation of Abroad[27]
This ground may fall under non-working, but is unique in that it notes a state's ability to grant compulsory license on behalf of a foreign-owned patent. Yang (2012) cites that this as one of the most controversial aspects of compulsory patent licensing, as countries may feel undermined when another state can grant compulsory licenses that are against their own interests[28].

Jurisdictional comparison of Compulsory Licensing
The following table was developed as an exercise to review compulsory licensing within the jurisdictions of the United States, Canada, India, and China. Utilizing Correa (1999)'s findings as a skeletal framework, the four aforementioned countries' codified patent laws were used to determine the grounds for compulsory licensing. The main compairson was done through analyzing the specific text within the laws of the four jurisdiction – one approach to treaty and law interpretation[29] However, for those countries that were lacking general provisions on compulsory licensing (i.e. United States, and eventually Canada in 1993[30]), there was a need to expand to a more comprehensive approach and look through other codified laws beyond patents and intellectual property, as well as through case law to see if the mentioned grounds have been used to provide for compulsory licenses[31].

Grounds		Countries	Law
Refusal to deal and/or abuses of patentees' exclusive rights		U.S	n/a in codified law…refusal to deal is an essential element of intellectual property rights…but can lead to anti-competition in which Antitrust laws can be used
		Canada	Patent Law - Abuse of Rights 65.2(d): "if by reason of refusal of patentee to grant* a license or licenses on reasonable terms…*
		India	Patent Act 1970 S.4(d) *"Refusal to deal"* includes any agreement which restricts, or is likely to restrict, by any method the persons or classes of persons to whom goods are sold or from whom goods are bought Patent Act, 1970 S. 84.7(a) " If by reason of refusal…ii) demand for the patented article has not been met to an adequate extent or on reasonable terms; or iii) a market for the patented article manufactured in India is not being supplied or developed; or iv) the establishment or development of commercial activities in India is not prejudiced Patent Act 1970 S.84 (6) " …Controller shall take into account, - i) nature of invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; iv) ..whether applicant has made efforts to obtain a license from the patentee on reasonable terms conditions, and such efforts have not been successful within a reasonable period *period not ordinarily exceeding a period of six months* as the Controller may deem fit
		China	Patent Law of the People's Republic of China - Article 48 (1): " When it has been 3 years since the date the patent right is granted, and four years since the date the patent application is submitted, the patentee, without legitimate reasons, fails to have the patent exploited or fully exploited"
Non-working and inadequate supply		U.S.	n/a
		Canada	Patent Act 1935: s.65 a): "… is capable of being worked within Canada but is not being worked within Canada on a commercial scale, and no satisfactory reason can be given for that non-working…" REPEALED in 1993 due to NAFTA and TRIPS
		India	Patents Act, 1970 S. 84 (1): " At any time after expiration of 3 years from the date of the grant of a patent, any person interested may make an application… b)…not available to the public at a reasonably affordable price, or c) that the patented invention is not available to the public at a reasonably affordable price Patent Act 1970 S.84(2): "…reasonable requirements of the public.. not satisfied or that the patented invention is not worked in the territory of India, Patent Act, 1970 S. 84.7(a) "If by reason of refusal…ii) demand for the patented article has not been met to an adequate extent or on reasonable terms; or iii) a market for the patented article manufactured in India is not being supplied or developed; or iv) the establishment or development of commercial activities in India is not prejudiced Patent Act, 1970 S. 84.7(d): " If the patented invention is not being worked in the territory of India on a commercial scale to an adequate extent, or is not being so worked to the fullest extent that is reasonably practicable
		China	Measures for Compulsory licensing of Patent Implementation (2012) - Ch 2 Art. 5: "If without good reason not implemented or fully implemented, their licensing patent within 3 years from the date of grant of patent right..and 4 years from the date of filing patent"
Public interest:		U.S.	"...no general provision allowing authorities to override patents in the larger public interest” [32] Bayh-Dole Act of 1980 - allow government to exercise "march in" rights with regard to government funded research results that universities might otherwise patent But US has granted compulsory licenses when felt public interest was at stake (Atomic Energy Act and Clean Air Act 1970, Federal Non-Nuclear Energy Research and Development Act 1973)
Canada	Patent Law - Abuse of Rights 65.2(d): "if by reason of refusal of patentee to grant a license or licenses on reasonable terms… in public interest that license/licenses should be granted" Patent Act S. 39. (3) License under patent relating to food: " In the case of any patent…of food…shall grant to any person applying…Commissioner shall have regard to the desirability of making the food available to the public at the lowest possible price consistent with giving to the inventor due reward for the research leading to the invention" REPEALED in 1993 due to NAFTA and TRIPS
India	Patent Act 1970, S. 84 (2)…not available to the public at a reasonably affordable price Patent Act 1970 S. 84 (6) " …Controller shall take into account, ii) the ability of the applicant to work the invention to the public advantage Patent Act, 1970 - S. 92 Special provision for compulsory licenses on notifications by Central Government-(1): " If Central Government is satisfied… circumstances of national emergency or in circumstances of extreme urgency, or in case of public non commercial use...
China	Patent Law - Article 49: " Where a national emergency or any extraordinary state of affairs occurs, or public interests so require…" Measures for Compulsory Licensing of Patent Implementation - Article 6: If emergency or irregular event of the state…or for purposes of public interest
Anti-competitive practices		U.S.	Antitrust & Trade Law: Sherman Act 15 U.S. C.S. 2 - Monopolizing trade a felony; penalty: " Every person who shall monopolize, or attempt to monopolize…any part of trade or commerce among several States, or with foreign nations…deemed guilty of a felony, and conviction.."
		Canada	Competition Act (S. 32 RSC 1985): " …where use has been made of exclusive rights and privileges conferred by one or more patents for invention…(a) limit unduly the facilities for transporting, producing, manufacturing, supplying…may be a subject of trade or commerce, (b) restrain or injure, unduly, trade or commerce…(c) prevent, limit, or lessen, unduly, the manufacture or production…or unreasonably enhance the price thereof, or (d) prevent or lessen, unduly, competition in…
India	India Patent Law Chapter 90 (1.ix) Terms and Conditions of compulsory licenses… granted to remedy a practice determined after judicial or administrative process to be anticompetitive…
China	Measures for Compulsory Licensing of Patent Implementation, 2012 - Article 11: " …that actions of patent holder in exercising patent right…deemed to be monopolistic actions" Patent Law of the People's Republic of China - Article 48 (2): " …patentee's exercise of the patent right is in accordance with law, confirmed as monopoly and its negative impact on competition needs to be eliminated or reduced"
Governmental use		United States	28 United States Code 1498: " …when used or manufactured by or for the United States without license of the owner…remedy shall be..Claims for recovery of his reasonable and entire compensation for such use and manufacture…" ie. Government does not have to seek license or negotiate for use, and the only appeal for patent owner is compensation
		Canada	Under the 1993 and 1994 amendments to the Patent Act of 1985, section 19.1: "the Commissioner may, on application by the Government of Canada or the government of a province, authorize the use of a patented invention by that government ."
		India	Patent Act, 1970 - S. 100 Power of Central Government to use inventions for purposes of Government (1): "…at any time…the Central Government and any person authorized in writing… may use the invention for the purposes of Government in accordance with provisions of this chapter" Patent Act, 1970 S. 100 Power of Central Government to use inventions for purposes of Government (2): " Where an invention has, before priority date of relevant claim, been duly recorded in a document, or tested or tried, by or on behalf of the Government or Government undertaking… any use of the invention by the Central Government or any person authorized in writing by it for the purposes of Government may be made free of any royalty or other renumeration to the patentee " Patent Act, 1970 S. 100 Power of Central Government to use inventions for purposes of Government (6): " The right to make, use, exercise, and vend an invention for the purposes of Government under sub-section (1) shall include the right to sell on noncommercial basis, and person c laiming through..as if Central Government or authorized were the patentee of the invention
China	Patent Law of PRC Art. 14: "If an invention patent of a State-owned enterprise or institution is of great significance to national or public interests, upon approval by State Council.. Patent Law PRC Article 49: " Where a national emergency or any extraordinary state of affairs occurs…patent administration department under the State council may grant a compulsory license for exploitation of an inanition patent or utility model patent" Patent Law PRC Article 14: “ If an invention patent of a State-owned enterprise or institution is o f great significance to national or public interests, upon approval by the State Council, the relevant competent department under the State Council ...may decide to have the patent widely applied within an approved scope and allow the designated units to exploit the patent, and the said units shall pay royalties to the patentee in accordance with the regulations of the State.
Facilitate use of dependent patents		United States	N/A - U.S. Does has not formally codified a general provision for Compulsory licensing of Dependent Patents [33]
		Canada	N/A
		India	Patent Act 1970 - Section 88 Power of Controller in Granting Compulsory licenses (3): …if Controller satisfied that the applicant cannot efficiently or satisfactorily work the license granted to him under those patents without infringing the other patents held by the patentee, and if those patents involve important technical advancement of considerable economic significance …may direct grant of a license…
		China	Patent Law - Ch 6 Art 51: " If an invention/utility model…represents major technological advancement of remarkable economic significance, compared with an earlier invention or utility model for which the patent right has already been obtained, and exploitation of former relies on exploitation of latter…may grant it a compulsory license to exploit..."
Compulsory licenses for medicines		United States	N/A but has threatened Bayer for compulsory licensing of Ciproflaxin medicine who subsequently dropped their prices drastically [34]
		Canada	Bill C-9 Amendment to Food and Drugs Act, 2004: "…pharmaceutical products intended for export in accordance with that WTO General Council decision…to comply with…sold on domestic market" Patent Act (4) License under patent relating to medicine - " ..intended or capable of being used for the preparation of production of medicine…Commissioner shall grant.. REPEALED in 1993 due to NAFTA and TRIPS
India	Patent Act 1970 Section 92.A Compulsory license for export of patent pharmaceutical products in certain exceptional circumstances: " …shall be available for manufacture and export of patented pharmaceutical products [35] to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems…" Patent Act, 1970 Section 83.(d): "General principles applicable to working of patented inventions… do not impede protection of public health and nutrition…
China	Patent Law of PRC: Article 50: " For the benefit of public health…grant compulsory license for manufacture of the drug, for which a patent right has been obtained, and for its export to the countries or regions that conform to the provisions…" Measures for Compulsory Licensing of Patent Implementation, 2012 - Ch 2 Art 7: " For purposes of public health…able to implement petition for compulsory licensing…for manufacture of patented medicines..and export of, to following countries/regions: 1) The most underdeveloped countries/regions; 2) Developed/developing members of the WTO
Exclusive grant-back and Coercive package licensing		U.S.	Legal in the past – granted in Transparent Wrap Machine Corp v Stokes & Smith Co. but discouraged... interpreted by Rule of Reason doctrine which is an interpretation of Sherman Antitrust (Anti-competition) Act[36] Now Department Of Justice from 2007 has said must be non-exclusive under its Antitrust laws [37]
		Canada	N/A
		India	Patent Act, 1970 Section 84 (7.c): …Reasonable requirements of the public shall be deemed not to have been satisfied [38] - c) if the patentee imposes a condition upon the grant of license under the patent to provide exclusive grant back, prevention to challenges to validity of patent, or coercive package licensing
		China	N/A
Hindered by importation from abroad		U.S.	N/A
		Canada	N/A
		India	Patent Act, 1970 Section 84 (7.e): " if the working of the patented invention in the territory of India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by…i) patentee..ii) persons purchasing…iii) other persons not taking proceedings for infringement
China	N/A

Summary of Cross-Jurisdictional Comparison
As mentioned previously, this comparison necessitated an expansion into codified law outside of compulsory licensing and patent law into case law, since the United States had never written a general provision for compulsory licensing, and Canada had repealed theirs in 1993 upon the signing of the NAFTA and TRIPS agreement. For Canada, compulsory licenses (CLs) continued to be granted following the repeal through the Foods and Drugs Act, as well as the Competition Act. Despite United States' lack of general provisions, Knowledge Ecology International claims it is the world's leader in the use of CLs, yet hypocritical to developing countries' requests for affordable patented pharmaceuticals.[39]

In general, India and China both have very extensive compulsory licensing laws. China's State Intellectual Property Office even developed additional Measures to account for the execution of compulsory licensing. Despite comprehensive CL provisions, India has had only one compulsory license ever granted in the case of Natco Pharma Ltd v. Bayer Corporation, for the domestic production of cancer-drug Nexavar. [40] China has yet to grant any compulsory license, but the new Measures may signify an increasing willingness to do so, or even to be used as a bargaining tool. However, given its goal of developing domestic intellectual property (i.e. China's 5-year plan), it is unlikely that China will grant compulsory licenses in the masses.[41]

In regards to the specific grounds themselves, some grounds noted particular differences per country.

Under U.S. Intellectual Property Law, refusal to deal is actually is considered a right, thus does not provide for compulsory licensing; depending on the degree however, it could lead to anti-competition[42]. According to the Paris Convention, one can only request consideration for a CLs 3 years from the granting of a patent, or 4 years from application, allowing said time for provision of dealing. However, India seems to have a more stringent period of not exceeding a period of six months, while China noted specifically not 'without legitimate reasons'.

The non-working and inadequate supply was again not present in U.S. Law, yet Canada did include it in its former compulsory licensing provision prior to repeal. Canada had defined 'working' specifically referring to a commercial scale when compulsory licensing was in effect. India's 'working' means being available at a reasonably affordable price, and supplied or developed, through the establishment of commercial activities, worked to the fullest extent that is fully practicable, while China mentioned non-working 'if without good reason, it is not implemented or fully implemented'.

The United States does not have any provision providing explicitly for public interest. However, under the Bayh-Dole Act, government-funding for research during the economic crisis in the 1970s was granted as long as the inventors agreed to allow petition for 'march-in rights', in which the government or a third party “shall have the right...to require the contractor...to grant a nonexclusive, partially exclusive, or exclusive license” (35 U.S. Code S203(a)) if it meets one of four requirements - one being to “...alleviate health and safety needs which are not reasonably satisfied...” (35 U.S. Code Section 203). Canada's public interest clause had existed, but was repealed. India now states that CLs can be granted to make available to the public “at a reasonably affordable price, to public advantage, and for public non-commercial use”. In China, public interest is provided in conditions of 'national emergency or extraordinary state of affairs, for the purpose of public interest'.

The United States does however strongly uphold and value competition, and have granted CLs to remedy anticompetitive practices under its Antitrust laws, prohibiting any 'attempt to monopolize any part of trade or commerce'. China also uses the language of 'monopolistic actions' and allows compulsory licensing if its “negative impact on competition needs to be eliminated or reduced.” Canada's Competition Act allows for compulsory licensing if one 'limits unduly, the facilities for transporting, producing, manufacturing... restrain or injure unduly, trade or commercial etc..' .preventing fair competition. India also notes the remedying of anticompetitive acts in its patent laws.

Governmental use in the United States have been granted for use by the Department of Defense and as mentioned previously for the Bayh-Dole Act. However, unlike the other countries of focus, there is no way to appeal a CL for the purposes of government-use. The only way to remedy this as a patent owner is compensation. In Canada, the Commissioner may on application by the Government of Canada or province authorize a CL. Indian patent law also allows CLs for the purposes of the Government, with the explicit possibility of being made free of any royalty or renumeration. It also expressly notes within S103 that one can petition to the Government if this occurs. The Chinese Patent Law notes governmental use through the language of 'great significance to national or public interests', and 'national emergency or extraordinary state of affairs. The possibility of appeal is also expressly noted in Article 58.

Neither United States or Canada have formally codified any mention of compulsory licensing for the use of dependent patents, though it does exist in the TRIPs agreement they both comply to. In India patent law, CLs is granted through this ground “only if it involves important technical advancement of considerable economic significance, and... only if it cannot be accomplished without infringing other patents.” In China, the law states that if an “invention/utility model represents major technological advancement...compared with earlier invention or utility model...and the exploitation of former relies on exploitation of the latter...”, a compulsory license may be granted.

Compulsory licensing for medicine in the United States again have never been codified, but have been used to encourage Bayer to reduce their prices under the possibility of being issued compulsory liceninsg. Home to many of the pharmaceutical industries who own patents to medicines, the United States has been called hypocritical due to its common lack of providing affordable pharmaceuticals. Canada allows for CLs under the Food and Drugs Act which points to the World Trade Organization guidelines. Prior to the repeal of its compulsory licensing act, Canada also had specific provisions relating to medicines, and was actually the first country to authorize the compulsory licensing of an AIDS drug for Rwanda for export.[43] In India, the only compulsory license that has ever been granted was for cancer drug Nexavar. In its compulsory licensing provision, it states that CLs are “available for manufacture and export of patented pharmaceutical products...to any country having insufficient or no manufacturing” abilities. Similar to the TRIPs agreement, it also states that none of the principles should impede the protection of public health and nutrition. China's patent laws state that CLs can be used for the benefit of public health. The Measures for Implementation specifies more specifically which countries and regions are allowed, which includes WTO members, or the 'underdeveloped' nations.

Only in the Indian Patent Law does it explicitly allow for CL in the event of exclusive grant backs due to anti-competition and/or not being reasonable to the public. On the contrary, the United States actually had allowed exclusive grant back in the Transparent Wrap Machine Corp v Stokes & Smith Co. case[44]. However, the FTC now strongly recommends against it as it is considered anticompetitive when a grant-back is exclusive[45]. Canada and China does not seem to have this condition in their laws.

Similarly, only in the Indian patent law does coercive package licensing provide for compulsory licensing. This clause may have implications on standard-essential patent pools when attempting to determine which patents are indeed 'essential', and if they comply with fair, reasonable, and non discriminatory regulations[46].

Indian Patent Law also expressly allows for compulsory licensing on the ground that a product is hindered by importation from abroad. It must be proven the lack of accessibility is soley due to the process of it being imported, perhaps affected by natural disasters, socioeconomic reasons, political instability, sanctions, or more – ultimately affecting the cost and availability of this product. [47]

Conclusion and Further Reflections on Compulsory Licensing
Ultimately, there seems to be no correlation between the detail and scope of compulsory licensing (and other codified) law, and the number of compulsory licenses granted. However, it must be noted that the Eastern countries of focus in this review have had much less time developing its intellectual property landscape. In addition, the comprehensiveness of India and China's patent laws also reflect the incorporation of valuable lessons learned from poor implementation of other countries.

The prevalence of broadly defined patents, patent trolling, and the increasing need to navigate patent thickets all act as barriers to innovation and production to a commercial scale in which these technologies can actually be disseminated. The Pervasive Technologies project looks ultimately at bridging the digital divide through providing access to low-cost technology, and subsequently access to information, culture, and knowledge.

Compulsory licenses can be used to decrease the cost burden of production, and reduce barriers to innovation, ultimately providing greater accessibility to these tools for all of society. The Centre for Internet and Society has proposed and continues to advocate the establishment of patent pools for low-access devices through the use of compulsory licenses to achieve this goal[48].

[1] WIPO. What Is Intellectual Property. World Intellectual Property Organization, 2012. Print. 5

[2] WIPO, 6

[3] Correa, Carlos M. “Intellectual Property Rights and the.” Trade Related Agenda Development and Equity (1999): 3

[4] Contreras, Jorge L., and Charles R. McManis. “Compulsory Licensing of Intellectual Property: A Viable Policy Lever for Promoting Access to Critical Technologies?” TRIPS and Developing Countries – Towards a New World Order? (Gustavo Ghidini, Rudolph J.R. Peritz & Marco Ricolfi, eds., 2014 (Edward Elgar)) (2014): 112 Print.

[5] Abraham, Sunil. Letter for Establishment of Patent Pool for Low-Cost Access Devices through Compulsory Licenses. 27 June 2013. Accessed: http://cis-india.org/a2k/blog/letter-for-establishment-of-patent-pool-for-low-cost-access-devices

[6] The Paris Convention is an intellectual property treaty covering industrial property: patents, trademarks, industrial designs, utility models, service marks, trade names, and geographical indicators.

WIPO. “Summary of the Paris Convention for the Protection of Industrial Property (1883).” World Intellectual Property Organization. Website. http://www.wipo.int/treaties/en/ip/paris/summary_paris.html

[7] WIPO. “WIPO-Administered Treaties: Contracting Parties.” World Intellectual Property Organization. Website. http://www.wipo.int/treaties/en/ShowResults.jsp?treaty_id=2

[8] The North American Free Trade Agreement (NAFTA) is the largest free trade agreement in the world, with members Canada, United States, and Mexico.
USTR. “North American Free Trade Agreement (NAFTA).” Office of the United States Representative. Website. http://www.ustr.gov/trade-agreements/free-trade-agreements/north-american-free-trade-agreement-nafta

[9] The Trade Related Aspects of Intellectual Property RIghts (TRIPS) agreement is a treaty which provides basic intellectual property provisions for international law, and stipulates that members shall be free to determine methods of implementing the provisions, in addition to enact more specific measures provided it coincides with the rest of the agreement.
World Trade Organization. “Agreement on Trade Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods.”WTO Legal Texts - A Summary of the Final Act of the Uruguay Round. Website. http://www.wto.org/english/docs_e/legal_e/ursum_e.htm#nAgreement

[10] TRIPS - Article 31.a)

[11] TRIPS - Article 31.b)

[12] TRIPS - Article 31.b)

[13] TRIPS – Article 31.h)

[14] TRIPS – Article 31.c)

[15] TRIPS – Article 31

[16] fWHO. “The Doha Declaration on the TRIPs Agreement and Public Health.” World Health Organization. http://www.who.int/medicines/areas/policy/doha_declaration/en/

[17] Correa, 11-12.

[18] Fauver, Cole M. “Compulsory Patent Licensing in the United States: An Idea Whose Time Has Come.” Northwestern Journal of International Law and Business 8.3 (1988): 666–685. Print. p671

[19] Correa, 13

[20] Ferrell, John. Patent Pro Se: The Entrepreneur’s Guide to Provisional Patent Applications. BayWater Publishing, 2010. Print.

[21] Milchenko, Oleg. “Contemporary Anti-Competetive Practices of Patents Usage.” Journal of International Commercial Law and Technology 8.3 (2013): 1-13. Print.

[22] Shapiro, Carl. “Navigating the Patent Thicket: Cross Licneses, Patent Pools, and Standard Setting.” Innovation Policy and the Economy 1 (2001): 119–150. Print.

[23] McGurk, Thomas B. “The Grant-Back Clause in Your Technology License.” Biodiesel Magazine 17 Jan. 2013.

[24] Origin IP Academy. “Exclusive Grant Back License.” Origiin IP Academy 15 Nov. 2009. Blog. Accessed: http://origiinipae.blogspot.in/2009/11/exclusive-grant-back-license.html

[25] Dykeman, David J. “When Licensing out Patents, Make Sure Improvements Are Granted Back.” Boston Business Journal 8 Mar. 2006. Blog retrieved from: http://www.bizjournals.com/boston/blog/mass-high-tech/2006/03/when-licensing-out-patents-make-sure.html?page=all

[26] Origiin IP Academy. “Coercive Package Licensing.” Origiin IP Academy 11 Nov. 2009. Accessed: http://origiinipae.blogspot.in/2009/11/coercive-package-licensing.html

[27] Reddy, Prashant. “‘Working’ a Patent under the Indian Patent Act, 970 - Does Importation of a Patented Invention Count?” Spicy IP - Decoding Indian Intellectual Property Law. 22 Apr. 2010. Retrieved: http://spicyip.com/2010/04/working-patent-under-indian-patent-act.html

[28] Yang, Deli. “Compulsory Licesning: For Better or for Worse, the Done Deal Lies in the Balance.” Journal of Intellectual Property Rights 17 (2012): 76–81; p80 Print. Global IP Debates

[29] Shaw, Malcom N. International Law 7th Edition. 5th ed. Cambridge University Press, 2003. Print.

[30] Canada had repealed its section on Compulsory Licensing in order to comply with the TRIPS and NAFTA agreements

[31] A more comprehensive approach could be to assess broadly ALL the compulsory licensing cases rather than just a select few ….particularly for United States and Canada...

[32] http://www.aals.org/documents/2006intprop/JeromeReichmanOutline.pdf

[33] Reichman, Jerome. “Compulsory Licensing of Patented Inventions: Comparing United States Law and Practice with Options under the TRIPS Agreement.” Vancouver, Canada: Duke University School of Law, 2006.

[34] Reichman, Jerome H. “Comment: Compulsory Licensing of Patented Pharmaceutical Inventions: Evaluating the Options.” The Journal of Law, Medicine, and Ethics 37.2 (2009): 247–263. Print.

[35] Pharmaceutical products' means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their manufacture and diagnostic kits required for their use"

[36] Dratler, Jay. Licensing of Intellectual Property. New York: Law Journal Press, 2005: 7.89 Print.

[37] Miller, Mark E., and David S. Almeling. “DOJ, FTC Redefine Antitrust Rules on Patent Pools.” National Law Journal. 29 Oct. 2007.

[38] Therefore compulsory licensing can be granted given Controller agrees

[39] Raja, Kanaga. “US Leads the World in Use of Compulsory Licenses, Says KEI.” Third World Network. N.p., 18 Mar. 2014.

[40] Bakhru, Rachna. “India Grants First Compulsory Licence under Patents Act.” Intellectual Property Magazine June 2012: 46–47. Print.

[41] Miller Canfield. “China Allows Compulsory Licensing.” Law FIrm of Miller Canfield. Dec. 2012. Retreived: http://www.millercanfield.com/resources-321.html

[42] Genevaz, Simon. “Against Immunity for Unilateral Refusal to Deal in Intellectual Property: Why Antitrust Law Should Not Distingusih between IP and Other Property Rights.” Berkeley Technology Law Journal 19.2 (2014): 742–784. Print.

[43] World Trade Organization. “Canada Is First to Notify Compulsory License to Export Generic Drug.” WTO | 2007 News Items. N.p., 4 Oct. 2007.

[44] sSchmalbeck, Richard L. “The Validity of Grant-Back Clauses in Patent Licensing Agreements.” University of Chicago Law Review 42 (1975): 733–748.

[45] Miller & Ameling, 2007: 3

[46] Lerner, Josh, and Jean Tirole. “Standard-Essential Patents.” Working Paper 43.

[47] Reddy, 2010

[48] See Executive Director of CIS' letter to the government here: http://cis-india.org/a2k/blog/letter-for-establishment-of-patent-pool-for-low-cost-access-devices

For more details visit https://cis-india.org/a2k/blogs/grounds-for-compulsory-patent-licensing-in-us-canada-china-and-india

Doctors and Translators Are Working Together to Bridge Wikipedia's Medical Language Gap

subha — 2014-08-04T03:29:44Z

I interviewed Wikimedian User:CFCF who is managing the entire project to understand how it is going to work and wrote on Global Voices' Rising Voices about it.

The article was published in GlobalVoices on July 27, 2014. It can be accessed here. It was republished in the Wikimedia Blog on July 30, 2014.

Internet users from around the world often turn to Wikipedia to answer questions of all kinds. The information offered there includes medical subjects, especially important in parts of the world where access to medical professionals may be limited.

However, much of this information can be unreliable and is available only in the most oft-spoken languages.

A group of experienced Wikipedia editors and medical professionals is trying to change that with the Medicine Translation Project, an effort to improve health care-related topics in English Wikipedia and translate them into other languages, including Hindi, Chinese, Persian, Tagalog, Indonesian and Macedonian.

Recently, the Wikimedia Foundation’s Individual Engagement Grant (IEG), a microgrant supporting work on Wikipedia-related activities, granted 10,000 US dollars to the Medicine Translation Project Community Organizing project, which aims to enhance communication and coordination among the team.

Medical student and Wikipedian User:CFCF along with two advisors, Dr. James Heilman (User:Doc James) and Jake Orlowitz (User:Ocaasi) lead the group. We spoke to founder CFCF over email.

Rising Voices (RV): How did the project get started? What inspired it and how did you identify the needs it would fulfill?

CFCF: [...] The project itself started off in 2011 when Dr. James Heilman and a number of translators from Translators Without Borders: Enrique Cavalitto and Ildiko Santana teamed up in an effort to translate medical articles. Since then, the project has exploded into a larger translation forum with hundreds of translators translating articles into almost a hundred different languages. [...]

For Wikimedia projects with a large pool of editors, we have been taking help from editors to assess what is needed, and what should be translated. On smaller projects we have simply set the goal to get anything on World Health Organization (WHO)’s list of essential medicines, as well as anything about neglected tropical diseases, also from a list by the WHO. As for these articles the project is still in an early phase, but we want to cover basically anything that might be relevant to readers, from cancer to emergency medicine.

RV: How is the process of translation going?

CFCF: [...] The problem is that there are so many layers of complications in the translation process. After an article has been written and been subject to review to ensure its quality, the article needs to be prepared and proofed for translation, after which translators need to be found. [...] Many of our translators are medical professionals and have in-depth knowledge in their native languages. On the top of it, they dedicate plenty of time on the content creation and translation. This helps to get good quality translations. What this also means is they they seldom have any knowledge of Wiki markup or Wikipedia. Someone else who knows the language in question has to go through links, templates etc. and fix them, proofread the translated content so it is up to scratch and readable.

CFCF: [...] The problem is that there are so many layers of complications in the translation process. After an article has been written and been subject to review to ensure its quality, the article needs to be prepared and proofed for translation, after which translators need to be found. [...] Many of our translators are medical professionals and have in-depth knowledge in their native languages. On the top of it, they dedicate plenty of time on the content creation and translation. This helps to get good quality translations. What this also means is they they seldom have any knowledge of Wiki markup or Wikipedia. Someone else who knows the language in question has to go through links, templates etc. and fix them, proofread the translated content so it is up to scratch and readable.

RV: How do you address this?

CFCF: To fix all this, it is best to have a local Wikipedian who can integrate the text. Most of the work has already been done. But, getting these things right is very crucial, especially on Wikipedias with vast content, where there already is a lot of content to link in.

I think the resistance we met early in the project's life was not against translation of content. But, because we did not spend enough time getting the translated articles up to shape before sending them live on the target Wikipedia.

What we saw on the Polish Wikipedia was that much of the issues were down to how they used different templates, and after I commissioned a bot to fix this, the articles started going live very quickly. After this, more and more editors became interested in helping out [...]

RV: Are you in conversation with the Wikipedia Zero team — a mobile data project focused on Wikipedia access in the developing world — about popularising this with their partners in the developing nations?

CFCF: Currently we are not in touch with the Wikipedia Zero team specifically, even though our works target the same communities. The difference between us and them is that we target developed countries as well as countries where there barely is any mobile connectivity at all, such as Burma where I do not know if we will be seeing Wikipedia Zero in the foreseeable future [...]

RV: What are your plans to engage with the larger Wikimedia communities that are multilingual and totally diverse?

CFCF: We aim to get high quality content in as many languages as we can. It is difficult to translate such deeply technical content, so we are really looking for professional translators, or individuals with some form of medical background so that information loss and corruption of content in translation is minimal.We recruit translators either off-wiki, or on the medical WikiProjects. We are still looking for translators who feel they are comfortable with such topics, and we especially need them in smaller languages. We are also searching them at Babylon on Meta Wiki.

WikiProject Med Foundation was the first attempt to get a truly global organization of medical Wikipedia editors. Most medical professionals are fluent in English, and we really try to engage in discussion in other languages when we can, so I think there is a real benefit in creating a global community for medical editors.

We are not large enough yet that we have all the relevant people on English Wikipedia, and we will probably never be because there are always specialists in other countries with very specific knowledge that we can leverage. That makes international collaboration really great.

As for the local language integrators, the idea is to have editors who are willing help out and be an intermediary between that community and our translator community. We have a page where all our finished translations are added. An integrator would patrol that page on a regular basis, inform the respective language Wikipedia that the new translation is ready. The language Wikipedia’s reader community share feedback on the translation quality and suggest for improvement. For us, it is really easy to just add articles without going through them thoroughly. But, that would not work at all. For things to work, we need someone who both knows Wiki markup and the target language so that the integration can go smoothly.

For more details visit https://cis-india.org/openness/blog-old/global-voices-subhashish-panigrahi-july-27-2014-doctors-and-translators-are-working-together-to-bridge-wikipedias-medical-language-gap

'Trolled' from US Congress, Wikipedia bans edits

praskrishna — 2014-07-28T10:22:53Z

Online encyclopaedia Wikipedia has issued a ten-day ban against an anonymous editor of its website located on the premises of the U.S. Congress, after the latter engaged in “disruptive editing,” on a wide range of subjects, from moon-landing conspiracy theories linked to Cuba to naming former U.S. Defence Secretary Donald Rumsfeld as an alien wizard.

The article by Narayan Lakshman was published in the Hindu on July 25, 2014. Pranesh Prakash gave his inputs.

Many of the seemingly humorous edits were tracked by a Twitter ‘bot’ with the handle @CongressEdits, which is driven by a code to automatically monitor Wikipedia for changes to the site made by accounts with a Congressional IP addresses.

Per the Wikipedia ban, only persons editing the site anonymously are barred from making changes, while Congressional staffers who have created named accounts to log into Wikipedia could continue making edits.

Yet some reports noted that the changes “have become almost troll-like,” alluding for example to an edit on the assassination of John F. Kennedy, which changed the text to say that alleged assassin Lee Harvey Oswald was acting “on behalf of the regime of Fidel Castro.”

Another entry revised the biography of Mr. Rumsfeld to describe him as an “alien lizard who eats Mexican babies,” and yet another change suggested that moon-landing conspiracy theories were “promoted by the Cuban government.”

Pranesh Prakash, Policy Director at the Centre for Internet and Society, said to The Hindu via Twitter that Wikipedia’s ban affected up to 9000 people, while only a few pranksters seem to be indulging in vandalism.

“Ironically, it is the public nature of @CongressEdits has led to this increase in attention-seeking vandalism,” he said, adding that such bans, if there are more to come, could “effectively kill projects like @CongressEdits.”

For more details visit https://cis-india.org/news/the-hindu-narayan-lakshman-july-25-2014-trolled-from-us-congress-wikipedia-bans-edits

Open Knowledge Festival 2014

praskrishna — 2014-07-28T10:17:38Z

Subhashish Panigrahi represented India as the India Ambassador of OpenGLAM local in Berlin. The event was organized by Google, Omidyar, et.al., in Berlin from July 15 to 17, 2014.

Click to read the details on the website here. See the official programme here. Download Subhashish's presentation at this page.

Subhashish presented on the following:

Situation in India

Wikimedia India chapter and WMF's India program working on first India GLAM project
Good traction of image contribution through Wiki Loves Monuments photo contest
Mass communication and other media institutes slowly taking interest in open audio library
Digitization is a priority across government departments, with funding available
Majority of GLAMs lack knowledge about open culture, need for outreach
Relicensing and book digitization have gained public interest
Goals of the survey
Data
Mapping the sector
Encourage institutions to think beyond their digital strategy
Show institutions what is there for them

What we have done so far

Started filing Right to Information (RT) asking state government departments for lists of institutions
Reached out to WMIN (Wikimedia India chapter) for help in creating a list
Difficulty with getting people and contact details

Collaborative Presentation

OKFest2014 glam-survey_workshop_20140717 from Beat Estermann

For more details visit https://cis-india.org/news/ok-festival-2014