Centre for Internet and Society

Indian WikiWomen celebrate Women’s History Month

Netha Hussain — 2013-04-29T09:21:45Z

March 2013 was a busy month for women Wikimedians in India, as we conducted various events, such as edit-a-thons and workshops to celebrate the presence of women in Wikimedia projects. The women Wikimedians, members of the Wikimedia India Chapter and the Access to Knowledge Team, brainstormed about the possible events, which we wanted to conduct to encourage women to participate and to increase the quality of articles related to Indian women in Wikipedias in English and the Indian languages.

This is a guest post by Netha Hussain, a Wikipedia contributor from India who regularly contributes to Malayalam Wikipedia, among other projects. The blog post was originally published on the Wikimedia Foundation page.

We decided to conduct the workshops and meetups in various Indian cities, in addition to online edit-a-thons. We created a co-ordination page on English Wikipedia and added suggestions for articles to edit. We invited participants to join the edit-a-thon by spreading the word on mailing lists, social media networks and blogs. The Times of India published a feature about the event, which attracted many newbies to participate in it. We also created separate pages for offline events taking place in parallel, and we added a summary of the events to the main page. The participants of the edit-a-thon signed up on the co-ordination page, where we also added the details and status of Women’s History Month events happening in various Indian language Wikipedias.

The inaugural event took place on International Women’s Day (March 8) at Nirmala Institute of Education, Goa. Out of 100 participants who attended the event, 90 were female. Veteran Wikimedians Rohini and Nitika conducted a basic Wikipedia editing workshop. The event also set off the two-day long online edit-a-thon in which fourteen editors participated. Among those who participated in the program were homemakers, students and professionals. Rohini took charge as the Chairperson of the special interest group (SIG) for Gendergap at the Wikimedia Chapter India on the day of the workshop (March 8). She plans to conduct more workshops for women in the future.

Organizers subsequently held a series of events at two venues in Bengaluru and one in Ernakulam. Experienced Wikimedians Pavithra and Nikita Belavate led the workshops in Bengaluru. The workshop also served as an occasion for editors living in and around Bengaluru to meet. The Ernakulam event was aimed at increasing the participation of women in Malayalam Wikipedia and was led by Wikimedian Ditty Mathew. Around 40 women participated in the three edit-a-thons. A Wikipedia Academy with 9 participants was conducted in Hyderabad. Led by Anupama Srinivas, the last of all events took place on 30 March, 2012, in Chennai.

Nikita, who led the Bangalore event, said she was filled with happiness watching the exuberance in the eyes of women participants who edited and saved their edits live on Wikipedia. “This year’s Women’s History month makes me once again believe in the power of women and honing it by empowering them, Wikiwomenising them,” said Nikita.


Participants of the Bangalore workshop organized by FSMK

Vishnu Vardhan, the Program Director of the Access to Knowledge team, was with the WikiWomen throughout the editathon, connecting people, planning events and urging them to contribute. He encouraged his mother, wife and female cousins to contribute to Wikipedia.

“I wish more of us took the initiative of involving the women in our life to share their knowledge on Wikipedia and truly make the Wikipedias the sum of all human knowledge,” he said. Harriet, one of the key organizers of the women’s day events, believes that the Indian Wikimedia community has gained momentum in favor of bridging the gender gap because of this event. She urged the Indian community to follow this success and to increase the participation of women in the Wikimedia movement. Though she could not attend the events in person, she ensured her participation in the edit-a-thon by arranging the logistics, monitoring the coordination page and suggesting changes.

The events had good participation from men as well. Among the 14 participants who signed up on English Wikipedia, 5 were men. In Malayalam Wikipedia, 18 out of the 26 participants who signed up for the online edit-a-thon were men. Dileep Unnikrishan, a male participant of the edit-a-thon, and a fan of Wikipedia, participated in the Ernakulam event because he was curious to find out how Wikipedia works. With women participants, he edited three articles and found it exciting to “be a part of the movement that has brought about a knowledge revolution in the world. The best thing I noticed about Wiki is that it has a peer-to-peer way of organization, which makes it warm and welcoming to newbies like me,” said Dileep.

The Indian WikiWomen are planning to conduct similar events in the future to increase the participation of women in Wikipedia and its sister projects. We are hopeful we will bridge the gender gap in the Indian Wikimedia community by conducting outreach programs, increasing awareness about free knowledge programs among women and conducting action-oriented events targeting women.

For more details visit https://cis-india.org/openness/blog-old/indian-wiki-women-history-month

Indian Wikimedia community coordinates Women’s History Month

Jeph Paul and Netha Hussain — 2014-03-06T11:49:10Z

The Indian Wikimedia community is pleased to invite you to participate in Women’s History Month events, 2014. We started off with a pre-event Wikipedia workshop at Roshni Nilaya School of Social Work, in Mangalore on the 26th of February.

This was cross-posted from the Wikimedia Foundation website.

We have planned events all through this month. They aim at creating new articles, expanding the existing stubs and translating English articles to various Indic languages.The schedule includes Wikipedia workshops, online edit-a-thons and wikiparties. You could edit articles, translate them, blog about the events or even be an enthusiast. Visit this page to learn more about getting involved.

Real-life Wikipedia workshops will be conducted in different parts of India. Two online edit-a-thons have been planned. The first one on the 8th & 9th of March focuses on women parliamentarians and the second one on the 15th & 16th will be looking to expand the work done during the last year events on women scientists from India. Participants of the Women’s History Month events in India are requested to fill up this opt in form to help the organizers evaluate the quantum and quality of the edits made. Centre for Internet and Society (Access to Knowledge) has extended their support to the Women’s History Month events in India this year.

The Indian events are being conducted as a part of the global event supported by the Wikiwomen’s Collaborative. We look forward to welcoming all participants at this year’s event.

For more details visit https://cis-india.org/openness/blog-old/wikimedia-community-coordinates-womens-history-month

Indian Patent Office updates Guidelines for Examination of Computer Related Inventions, yet again

sinha — 2017-07-05T07:42:44Z

By discarding a test brought into force last year, the updated Guidelines take no concrete position to help clarify the ambiguity around patentability of software inventions in India.

The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) issued new Guidelines on Examination of Computer Related Inventions (CRIs) on 30^th June, making it easier to obtain a software patent in India (as compared to standards set in the 2016 Guidelines).

New Changes

The most important change is removal of a test notified in 2016 which made CRIs patent eligible provided there was a novel hardware component in the patent application. Accordingly, references in the guidelines which aided interpretation of the 2016 test have been deleted. Additionally, the new guidelines exclude the layout of integrated circuits as patentable subject matter in CRIs.

The CGPDTM has refrained from prescribing a new test to determine patentability of CRIs.

In the absence of specific guidance, it is likely that examiners will heavily rely on section 3(k) of the Patents Act, 1970, the Manual of Patent Practice and Procedure, and the views expressed by the Joint Parliamentary Committee in respect of "per se":

"In the new proposed clause (k) the words ''per se" have been inserted. This change has been proposed because sometimes the computer programme may include certain other things, ancillary thereto or developed thereon. The intention here is not to reject them for grant of patent if they are inventions. However, the computer programmes as such are not intended to be granted patent. This amendment has been proposed to clarify the purpose."

Policymaking re Guidelines on Examination of CRIs

After years of deliberation, the Indian Patent Office first proposed a test in 2015 which was met with disapproval as it lowered the bar for patentability of CRIs. After a stakeholder consultation, the IPO revised the test in 2016, raising the bar of patent eligibility of CRIs, which was favorable to the growth of small and medium enterprises in the Indian IT industry. The present 2017 guidelines are a result of streamlining stakeholder consultations conducted in response to the 2016 guidelines as per a circular by the IPO.

In the following table, I list the substantive changes made in the new guidelines (in comparison to the 2016 Guidelines) and make some preliminary remarks:

Type of Change

Change

Remarks

Inserted in 2.1, Legal Provisions relating to CRIs and Deleted in 4.1, Novelty

Section 2 (1)(l) defines “new invention” in The Indian Patents Act, 1970 as follows: "New invention" means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art

Added in 2.2, List of explicit exclusions from patentability under section 3 for CRIs

Section 3(o) topography of integrated circuits

Contemplates layout of integrated circuits as subject matter relating to CRIs

Parts deleted in 4.3, Industrial Applicability

Industry herein is to be understood broadly having any useful and practical activity while excluding intellectual or aesthetic activity. Claims relating to “Method of playing games” and “computer programming languages” are not considered to be industrially applicable. A method for effecting introductions with a view to making friends is not industrially applicable even though it could be carried out by a commercial enterprise. The determination of industrial applicability in case of CRIs is very crucial since applications relating to CRIs may contain only abstract theories, lacking in industrial application.

Only an explanation of industrial applicability in the general context of patent law remains.

Deleted in 4.4, Sufficiency of Disclosure (strikethrough indicates deleted part)

4.4.1 Fully and particularly (What): 1. If the patent application relates to apparatus/system/device i.e hardware based inventions, each and every feature of the invention shall be described with suitable illustrative drawings. If these system/device/apparatus claims are worded in such a way that they merely and only comprise of a memory which stores instructions to execute the previously claimed method and a processor to execute these instructions, then this set of claims claiming a system/device /apparatus may be deemed as conventional and may not fulfil the eligibility criteria of patentability. If, however, the invention relates to ‘method’, the necessary sequence of steps should clearly be described so as to distinguish the invention from the prior art with the help of the flowcharts and other information required to perform the invention together with their modes/means of implementation. […]

Loosened the disclosure requirement

Deleted in 4.4, Sufficiency of Disclosure (strikethrough indicates deleted part)

4.4.4 Form and substance: […] Even when the issue is related to hardware/software relation, ~~(e.g., when the claims recite ‘processor is programmed to… or ‘apparatus comprising a processor and configured / programmed to…..)~~ the expression of the functionality as a ‘method’, is judged on its substance. It is well established that, in patentability cases, the focus should be on the underlying substance of the invention, not the particular form in which it is claimed. The Patents Act clearly excludes computer programmes per se and the exclusion should not be allowed to be avoided merely by camouflaging the substance of the claim by wording ~~(e.g. different subroutines are performed in different physical locations such as processors will not suffice).~~

Removed illustrations

Replaced in 4.4, Sufficiency of Disclosure (strikethrough indicates deleted part)

4.4.5 Means Plus Function:

Further, if the specification supports ~~implementation~~ of the invention solely by the computer program then in that case means plus function claims shall be rejected as these means are nothing but computer programme per se.

Where no structural features of those means are disclosed in the specification and specification supports ~~implementation~~ of the invention solely by the software then in that case means in the “means plus function” claims are nothing but software.

Replaced both struck out words by performing the invention

Added in 4.5, Determination of excluded subject matter relating to CRIs

[…] Hence, along with determining the merit of invention as envisaged under Sections 2(1) (j), (ja) and (ac), the examiner should also determine whether or not they are patentable inventions under Section 3 of the Act.

Parts deleted in 4.5.1. Claims directed as “Mathematical Method”:

[…] Some examples which will attract exclusion: acts of mental skill. e.g. A method of calculation, formulation of equations, finding square roots, cube roots and all other methods directly involving mathematical methods like solving advanced equations of mathematics. merely manipulates abstract idea or solves a purely mathematical problem without specifying a practical application.

Added in in 4.5.1. Claims directed as “Mathematical Method” (emphasis supplied)

4.5.1. Claims directed as “Mathematical Method”: Mathematical methods are a particular example of the principle that purely abstract or intellectual methods are not patentable. Mathematical methods like method of calculation, formulation of equations, finding square roots, cube roots and all other similar acts of mental skill are therefore, not patentable. Similarly mere manipulations of abstract idea or solving purely mathematical problem/equations without specifying a practical application also attract the exclusion under this category. However, mere presence of a mathematical formula in a claim, to clearly specify the scope of protection being sought in an invention, may not necessarily render it to be a “mathematical method” claim. Also, such exclusions may not apply to inventions that include mathematical formulae and resulting in systems for encoding, reducing noise in communications/ electrical/electronic systems or encrypting/ decrypting electronic communications.

Illustrations added to show that CRIs that include mathematical formulae and result in systems for encoding, reducing noise in communications/ electrical/electronic systems or encrypting/ decrypting electronic communications, will not be ineligible merely by virtue of presence of mathematical formulae. They will not necessarily construe a claim on mathematical method.

Part deleted in 4.5.4, Claims directed as “Computer Programme per se”

The computer programme per se is excluded from patentability under section 3(k) apart from mathematical or business method and algorithm

Inserted in 4.5, Determination of excluded subject matter relating to CRIs (emphasis supplied)

4.5.8. Topography of integrated circuits The above criterion is to be judged as per the procedures as laid out in chapter 08.03.05.14 of the Manual

Contemplates layout of integrated circuits as subject matter relating to CRIs

Parts deleted in 5, Tests/Indicators to determine Patentability of CRIs

5. Tests/Indicators to determine Patentability of CRIs: Examiners may rely on the following three stage test in examining CRI applications: (1) Properly construe the claim and identify the actual contribution; (2) If the contribution lies only in mathematical method, business method or algorithm, deny the claim; (3) If the contribution lies in the field of computer programme, check whether it is claimed in conjunction with a novel hardware and proceed to other steps to determine patentability with respect to the invention. The computer programme in itself is never patentable. If the contribution lies solely in the computer programme, deny the claim. If the contribution lies in both the computer programme as well as hardware, proceed to other steps of patentability.

Implication is that this test is no longer in force for examination of patentability of CRIs

Deleted 6, Illustrative examples of Claims which are not patentable

Refer to 2016 Guidelines

Note: This post has been updated to reflect the change in point 4.4.5, which was previously missed by the author.

For more details visit https://cis-india.org/a2k/blogs/indian-patent-office-issues-updated-guidelines-for-computer-related-inventions-yet-again

Indian Law and "Parallel Exports"

pranesh — 2011-08-04T04:47:07Z

Recently, a lawyer for the publishing industry made the claim that allowing for parallel importation would legally allow for the exports of low-priced edition. Here we present a legal rebuttal of that claim.

Recently, on publisher/editor/writer Divya Dubey's blog, Saikrishna Rajagopal, a highly respected copyright lawyer and founding partner of Saikrishna & Associates, claimed that we had misconstrued the law with regard to export of books from India, and that allowing for parallel importation would harm that.

Mr Rajagopal writes:

The fundamental legal infirmity that I find in Mr. Prakash’s argument are twofold:
1. That current Indian Law allows export of low priced editions;
2. That the proposed proviso would not include within its scope 'exports'.

1. As regards the argument that current Indian Law allows export of low priced editions, the two John Wiley cases of the Delhi High Court of May 2010, make it abundantly clear that current Indian Copyright Law precludes export of low priced editions. Pertinently, an appeal was preferred in one of the Wiley cases and was dismissed. These judgments are therefore final now and therefore authoritatively, interpret Indian Copyright Law as it stands today.

I was wrong regarding the question of export of low-priced editions. There are are two Delhi High Court judgments which came out in May 2010 on export of books, holding that export of Low-Priced Editions meant for India to countries outside is unlawful (John Wiley & Sons Inc. & Ors v. Prabhat Chander Kumar Jain & Ors and John Wiley & Sons Inc. & Ors v. International Book Store & Anr). However, in the first judgment Justice Manmohan Singh clearly held that it would be unlawful to export without permission of the rights owner regardless of whether we followed the doctrine of national exhaustion (disallowed parallel importation) or the doctrine of international exhaustion (allowed parallel importation), and the "the question of exhaustion of rights of owner in copyright does not arise at all".[1] Thus Mr. Rajagopals's fears are, thankfully, unfounded.

Mr. Rajagopal continues:

2. As regards Pranesh’s argument that the proposed amendment does not cover ‘exports’, this argument is completely specious. In order to determine at what stage a copyright owner loses its right to control further sale and distribution of a copyrighted product, the statute itself needs to be looked into to determine what standard of exhaustion of rights has been contemplated. If the proposed proviso becomes law, it would be a clear indicator to a Court that Indian Copyright Law follows international exhaustion, namely, that once a product is legitimately sold anywhere in the world market, the copyright owner loses/exhausts the right to control further distribution and sale, including export and import. It is because the copyright owner exhausts rights globally that the proposed amendment is allowing for genuine copies of books sold in the international market, to be legally imported into India. This being the case, there is almost unanimity amongst IP Lawyers that export of low priced editions would also be considered legal, in view of the proposed amendment. This is not just our Indian view, but also the view of other international IP experts who have had an opportunity to look at the implications of this proviso.

The copyright owner, under a proper appreciation of the Indian law, never has the right to control "further sale and distribution" (as per s.14(a)(ii) of the Copyright Act), contrary to Mr. Rajagopal's assertion. Once a copy is in circulation (e.g., is sold), the copyright owner no longer has the exclusive right to put that copy into circulation, nor to control its further sale / distribution in any manner. This is the limitation on the owner's right that allows libraries exist. This is how second-hand book shops exist. If this limitation of the copyright owner's right did not exist, libraries and second-hand book shops would need to take permissions from the owner for each copy of each book that they lend or sell.

Imports and exports are two distinct things. India's following of the principle of "international exhaustion" means that the right to first sale is exhausted in India, when the work is legally published anywhere internationally (i.e., regardless of where that copyrighted work is legally published). The principle of international exhaustion doesn't not exhaust the right of first sale internationally—the word "international" is used to indicate where the publication has to take place for exhaustion to occur, and not where the exhaustion takes place. After all, Indian law on a matter cannot determine whether a book can or cannot be sold anywhere else in the world (which is precisely what it would do if it is to hold that rights are exhausted internationally by virtue of a book being printed in India).

Having done research on this point for the past week, I have not been able to come up with any legal articles or cases to directly oppose Mr. Rajagopal's claim that the legality of book exports from a country can depend on whether it follows national or international exhaustion. It is such a novel claim that no one has made it so far, and so no one has thought to oppose it. I know of no other IP lawyers in India or internationally who agree with Mr. Rajagopal's claim that allowing for parallel importation in India will have an impact on the exports of low-priced editions from India.

Most pertinently, when the Wiley judgments which related to export of low priced editions, were being pronounced in Court, the Hon’ble Judge casually remarked that the law laid down in cases may soon become redundant if the proposed legislation comes into force.

As noted above, the judge specifically stated in the written judgment itself that as per the court's reasoning, the question of whether the export of low-priced editions is legal is not related to the question of exhaustion of rights of the owner: ". . . as the express provision for international exhaustion is absent in our Indian law, it would be appropriate to confine the applicability of the same to regional exhaustion. Be that as it may, in the present case, the circumstances do not even otherwise warrant this discussion . . . the question of exhaustion of rights of owner in the copyright does not arise at all".

To get a little bit more technical, Justice Singh rules that there is a difference between first sale (exhaustion) vis-a-vis the owner and first sale vis-a-vis the licensee. He states that only rights of the licensee have been exhausted, and that the rights of the owner being exhausted do not even arise. But he is quite clear that this difference would apply regardless of whether we follow international exhaustion or national exhaustion.

Update (2011-02-15): For the tabularly inclined, here's a summary of what it means for a country to follow "national exhaustion" or "international exhaustion":

Where copyrighted work is first circulated	Where right of circulation is exhausted	What this is termed
	What "Exhaustion" Means
In any country	In all countries	[- Not possible. - Law in one country can't dictate law in another. - Exhaustion of right of circulation "in all countries" can only be declared so through an international treaty (e.g., the way TRIPS makes a book copyrighted in all countries if it is copyrighted in any country) - Art. 6 of TRIPS doesn't allow for this interpretation.]
In any country	Domestic territory	International exhaustion
Domestic territory	In all countries	[- Not possible. - Law in one country can't affect law in another. - Exhaustion of right of circulation "in all countries" can only be declared so through an international treaty (e.g., the way TRIPS makes a book copyrighted in all countries if it is copyrighted in any country) - Art. 6 of TRIPS doesn't allow for this interpretation.]
Domestic territory	Domestic territory	National exhaustion

Thus it is seen that the "national" or "international" exhaustion only determines the question of where the book has to be first circulated for exhaustion to happen. It can never change where the right of first circulation is exhausted (which in either case can only happen at a territorial level).

The implication of the right of circulation being exhausted world-wide is that no country can by law prevent parallel importation. The TRIPS Agreement, via Article 6, decided to give each country the right to choose to allow or disallow parallel importation. This was despite a great effort by developing countries to get international exhaustion codified as the worldwide norm.

To make this even more clear, I propose the following thought experiment.

X - national of New Zealand, which follows international exhaustion.
Country 1 - a country that follows national exhaustion / doesn't allow parallel imports
Country 2 - a country that follows national exhaustion / doesn't allow parallel imports
Country 3 - a country that follows international exhaustion / allows for parallel imports

Example 1: If X buys a book from Country 1 and sells that book in Country 2, he is in violation of Country 2's laws, regardless of the laws in New Zealand and Country 1.
Example 2: If X buys a book from Country 1 and sells that book in Country 3, he is not in violation of the law (either in New Zealand or in Country 3).
Example 3: If X buys a book in New Zealand and sells that book in Country 2, he is in violation of Country 2's laws, regardless of the laws in New Zealand.
Example 4: If X buys a book in New Zealand and sells that book in Country 3, he is not in violation of the law (either in New Zealand or in Country 3).

If one takes "international exhaustion" to mean that the right is exhausted in every country, then Example 3 would be wrong. But that would be absurd, since we know from experience that it is correct: Buying a book in New Zealand and selling it in the United Kingdom (which follows national/regional exhaustion) is unlawful. So obviously "international exhaustion" doesn't mean that.

Similarly, if one takes "national exhaustion" to mean that after sale a book cannot be exported, that would imply that Example 2 is faulty. But we know from experience that this is not so: Buying a book in the United Kingdom and selling it in New Zealand is lawful. So obviously "national exhaustion" doesn't mean that.

Thus, it is only the act of import that is ever affected by the question of national vs. international exhaustion, and never exports.

Notes

[1]: Justice Manmohan Singh writes: "As per my opinion, as the express provision for international exhaustion is absent in our Indian law, it would be appropriate to confine the applicability of the same to regional exhaustion. Be that as it may, in the present case, the circumstances do not even otherwise warrant this discussion as the rights if at all are exhausted are to the extent to which they are available with the licensees as the books are purchased from the exclusive licensees who have limited rights and not from the owner. In these circumstances, the question of exhaustion of rights of owner in the copyright does not arise at all." (Para 104).

For more details visit https://cis-india.org/a2k/blogs/indian-law-and-parallel-exports

Indian Language Wikipedia Statistics (September 2012 – April 2013)

T.Vishnu Vardhan, Nitika Tandon and Subhashish Panigrahi — 2013-08-23T01:48:16Z

The Access to Knowledge team carried out a quantitative analysis to identify trends and growth patterns in Indian Language Wikipedias over the time period from September 2012 to April 2013.

It is difficult for the CIS-A2K programme to either take direct credit for the growth or direct blame for the lack of it in the Indian language Wikimedia projects. However, we believe that we have been one of the factors — and sometimes a key factor — in impacting the growth of the Wikimedia projects and communities in India since the commencement of the project.

Though the A2K programme has done some amount of work with almost all Indian language Wikipedias, the A2K team has had relatively more involvement in 10 Indic languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi and Telugu.

In addition to this based on the various outreach work done by A2K we have attempted to present an analysis of direct new Wikipedia users that have emerged in languages impacted by the A2K programme, keeping in mind that community mobilisation will always be an autonomous activity to some extent.


Graph 1: Growth of Articles in Indian Language Wikipedias from September 2012 to April 2013

The growth momentum in Indian languages over the eight month period from September 2012 to April 2013 looks healthy.
Some language Wikipedias have been growing at a phenomenal rate than others in terms of percentage change since September 2012.
Assamese, Punjabi, Kannada and Odia Wikipedias have a growth rate of 58 per cent, 55 per cent, 30 per cent and 26 per cent respectively. These were the top four Indian language Wikipedia projects during the eight month period.
In terms of absolute number of articles, Tamil, Malayalam, Kannada and Hindi Wikipedias have grown by about 4,200; 3,600; 3,300; and 2,300 articles respectively.
However, given the small size of the Wikipedia communities in Assamese, Punjabi, Kannada and Odia (as given in Graph 2 below) the growth achieved by them is much commendable and all efforts have to be put to ensure that this momentum continues by strengthening these communities and also expanding them.


Graph 2: Active Editors in Indian Language Wikipedias from September 2012 to April 2013

There is a fluctuation in the number of active editors in majority of the Indian language Wikipedias, except for Punjabi Wikipedia, which has seen a consistent growth. Starting from July 2012, the Wikimedia India Programs Team began working with the Punjabi community, an activity which we have continued at the A2K programme.
The active editors on Hindi, Marathi and Sanskrit Wikipedias have been consistently coming down, which is a cause of concern.
It is important to note that Kannada and Telugu Wikipedias where the number of Active Editors were in a declining trend as of September 2012 have shown a remarkable turnaround. The A2K programme has spent the last 3-4 months working closely with both the Kannada and Telugu communities.
Overall the active editors on Malayalam Wikipedia have crossed the 100 mark numerous times, making it the first Indian language Wikipedia to reach this benchmark.
Looking at the trends Tamil Wikipedia may soon reach the 100 active editor mark.
Even Bengali Wikipedia community could cross 100 active editors if concerted efforts are put in.
The Assamese Wikipedia, which received support from A2K programme until January 2013, had a consistent active editor population which was around 20 people. However, once the support from the A2K programme dwindled a declining trend (since February 2013) has set in. This is worrying as it gives rise to the possibility of building dependencies through the A2K programme. Going forward we need to address this and rectify by creating self-sustaining momentum in our outreach work that lasts beyond our involvement.


Graph 3: Monthly growth of New Editors on Indian Language Wikipedias from September 2012 to April 2013

On an average 96 new editors have joined Indian language Wikipedias every month.
Bengali, Hindi, Malayalam and Tamil Wikipedias have consistently seen more than 10 new editors joining every month.
Assamese, Odia and Sanskrit Wikipedias did have many new editors joining.
A total of 673 new people have become editors for Indian language Wikipedia since September 2012.
However, the conversion rate of new editors into active editors is still a challenge across all Indian language Wikipedias.


Graph 4: Snapshot of “Page Views” of Indian Language Wikipedias in September 2012 & March 2013

Overall the “Page View” trends of Indian Language Wikipedias look positive.
Bengali, Odia and Punjabi Wikipedias have shown the highest percentage growth in page views since August 2012.
In absolute numbers Bengali Wikipedia has seen a spectacular growth of 14,00,000  page-views, Marathi and Tamil Wikipedias witnessed a growth of about 10,00,000 and 8,00,000 page-views respectively.
These clearly indicate the demand for knowledge and information in Indian languages on the internet.

In the below given Graph 5, we have also looked at the direct impact the A2K programme had in cultivating new editors on Indian language Wikipedias through various outreach programmes conducted during September 2012 to April 2013.

It should be noted that a total of 1,275 participants were reached out by the A2K programme. However, the username data for more than 700 participants could not be ascertained, due to inefficient data collection and input. This includes participants giving wrong usernames, trouble with the handwriting of some of the participants, etc. We have already taken note of this issue and have put in measures to efficiently capture the new user data. Hence, we have only presented an analysis of 558 participants, whose usernames are valid.

Of this it can be noted that more than 120 users have done more than 5 edits, which is 21 per cent of the participants. Further, 24 participants have done more than 100 edits on English and various Indian language Wikipedias, which constitutes 4 per cent of the total participants that the A2K programme has reached out to.


Graph 5: Snapshot of “New editors from outreach” of English & Indian Language Wikipedias in September 2012 and March 2013

For more details visit https://cis-india.org/a2k/blogs/indian-language-wikipedia-statistics

Indian language localization community meets in New Delhi

praskrishna — 2016-10-03T13:26:31Z

Localization is one of the less glamorous aspects of computing. Despite the fact that less than 6% of the world speaks English, a majority of projects don't feel inclined to accommodate the rest of the population. One of the primary reasons for sticking to English is the steep learning curve and the lack of standardization in various aspects of the localization process.

The post by Mayank Sharma was published by Opensource.com on October 3, 2016. Dr. U.B. Pavanaja was quoted.

The FUEL Project organized the GILT conference in New Delhi, India September 24-25 to highlight and address these issues. The annual event showcases the efforts of language technology organizations and volunteer communities, but this year's also gave a platform for non-technical users to voice their concerns. The Indic computing developers were joined by academics, reporters, language researchers, publishers, and entrepreneurs who rely on localization tools to connect and interact with audiences in the various regional languages in India. The brainstorming between the two groups, both on and off the stage, was one of the highlights of the conference.

Focus on standardization

Another recurring theme discussed in detail at the conference was the need for standardization. The FUEL Project spearheads standardization efforts with its terminology management system to preserve consistency across translations. The project also created translation style guides for various languages, including Spanish, German, French, Scottish Gaelic, and several Indian languages. In addition to these guides, the project is also working on a couple of tools to help maintain the accuracy of the translations. One that caught the attention of the translators at the conference is the Unicode Text Rendering Reference System (UTRRS). It's a web app that lets you enter a character, word, or phrase and then compares it to a reference image generated by a text rendering engine.

The current state of localization

The conference began with an inaugural address by the keynote speakers. Rajesh Ranjan, who heads the FUEL Project and is currently the open source community manager at the Indian Government's National eGovernance Division (NeGD), kicked things off by talking about the evolution of the 8-year-old project. There was also an enlightening address by Jeff Beatty, who heads localization efforts at Mozilla. He talked about the role of his alma mater, the University of Limerick, in the initiation and growth of multilingual computing. Later, Vinay Thakur, director of project development at NeGD, discussed the Indian Government's increased interest in localization and listed the various initiatives currently underway.

This was also reiterated by Mahesh Kulkarni, assistant director at CDAC's GIST research labs. He talked about the scale of the government's plan for making all its official websites available in all the officially recognized 22 Indian languages.

Addressing problems

Kulkarni also chaired a panel discussion later in the day. The panel members talked about the issues plaguing the localization community and what it would take to solve them. Sudhanwa Jogalekar, a well-respected contributor to Indic computing, suggested that translators should get ISO certified as a first step toward standardization. Jogalekar pointed to the ISO 7001:2015 standard, which certifies conformity in translation services. Another panel member, Prabhat Ranjan, executive director of the technology think tank TIFAC, talked about the stress on translation in the Vision 2035 document recently released by the Indian Prime Minister Narendra Modi. Ranjan's team found English to Hindi translation easier when documents are first translated into another Indian language. Based on this experience, Ranjan bounced the idea of agreeing on a meta language to ease the translation process.

A chat with the Document Foundation

The conference also had a video conference session by the Document Foundation's Italo Vignoli about LibreOffice. While the talk was fairly overview-ish the Q&A generated some valuable suggestions that Vignoli promised to take up with the LibreOffice developers. One of the concerns raised by Pavanaja U.B. was that localizing the office suite was a cumbersome process, as it involved recompiling the entire application. Pavanaja, who is well-known in the localization community for creating the Kannada version of the Logo programming language, requested Vignoli ask LibreOffice developers to brainstorm a less tedious process for the localizers. Later in the day, Pavanaja also talked about his experience localizing Wikipedia in Kannada and Tulu languages.

Unicode

^{Karunakar G demos an in-development spell checker for the Hindi language. Photo by Mayank Sharma. CC-BY 3.0.}

The second day began with a session on the evolution and current status of the Unicode standard. It was delivered by Karunakar G, one of the stalwarts of the Indic localization community. A longtime localization developer, Karunakar also demoed the support for Indian languages in LibreOffice. He highlighted a few missing features, such as the lack of an Indic thesaurus and autocorrect functionality.

Sailfish OS

Karunakar was followed by Raju Vindane, who introduced the audience to the Sailfish OS. He also demoed the only Sailfish OS phone available in the Indian market, the Intex Aqua, which retails for about $90. Vindane mentioned that while the community is encouraged to contribute and improve the Indic translations to the Sailfish OS project, these wouldn't be included in the Indian phone, as Intex does its translations in-house.

Other highlights

^{Ryan Northey asks the community to explore the use of XLIFF (XML Localization Interchange File Format). Photo by Mayank Sharma. CC-BY 3.0.}

The day also had introductory presentations by Ryan Northey, lead developer at Translate House, and Satdeep Gill from the WikiTongues project. Northey mentioned that there's been a disconnect between software development and localization, and that going forward localization should become a part of the software development cycle.

In addition to the scheduled sessions, there were several fruitful discussions during lunch and tea breaks. The presentation-free exchange of gray matter between the stalwarts and the young padawans were a delight to witness. The 2016 edition of the GILT conference helped bring together longtime developers and experts from the government with niche communities and individuals working on different aspects of localization in various parts of the country. The conference ended with the participants hoping that the Government's increased focus on localization would translate into a considerable leap in the quality and quantity of localized content and localization tools.

For more details visit https://cis-india.org/openness/news/open-source-mayank-sharma-october-3-2016-indian-language-localization-community-meets-in-new-delhi

Indian Govt to Build Machine Translation System for 22 Indic Languages

praskrishna — 2013-12-11T07:14:35Z

National Translation Mission is preparing a Machine Translation System (MTS) to instantly translate texts from vernacular Indian languages to English, reports New Indian Express.

Brindaalakshmi's article was published by Medianaama on November 14, 2013. CIS memorandum of understanding with Goa University is mentioned.

The report states that scientific and technical terminologies are being developed in 69 disciplines of study in 22 languages as part of this project. Apparently, 25,000 to 30,000 lexicons have been identified in each subject to create the MTS.

Speaking at a media event, Prof V Saratchandran Nair, Director of National Translation Mission said that the project is being initiated to help students who have done their schooling in vernacular languages but have to study in English during college. He also added that only Tamil currently has translated materials in all 69 disciplines, while Oriya has it in 49 disciplines. In contrast, there is no science material available in Santhali, Manipuri and Konkani languages.

National Translation Mission is a Government of India initiative that intends to establish translation as an industry and facilitate higher education by making available translated study material for students. The program also trains translators in different languages. Interestingly, the website states that it will not replicate the efforts of other organisations like C-DAC, TDIL that are also involved in creating indic support for computers and services. However, it seeks to build technology to directly translate a sentence typed in English into an Indian language. When we checked, we noticed that the website also offers dictionaries and other resources for translators.

Other efforts to provide indic support: In September 2013, the Goa university had entered into a three year memorandum of understanding (MoU) with the Centre for Internet and Society (CIS) for building the Konkani Wikipedia. As part of this partnership, Goa University will be uploading the four volumes of Konkani encyclopedia. This could be a good start to building a repository of translated works for science in Konkani.

In July 2013, Technology Development for Indian Languages Programme (TDIL) of DeitY (Department of Electronics and IT) had developed Urdu language fonts and keyboard drivers for Windows and Android.

In June 2013, DeitY had also created a repository of fonts for all 22 constitutionally recognized languages through TDIL. These fonts are available as a CD that can be procured from TDIL or the entire suite can also be downloaded from the TDIL website.

For more details visit https://cis-india.org/news/medianama-november-14-2013-brindaalakshmi-indian-govt-to-build-machine-translation-system-for-22-indic-languages

Indian Govt looks to provide free access to publicly-funded research works

praskrishna — 2014-07-28T05:34:37Z

Sunil Abraham gave his inputs to the blog entry published in Medianama on July 23, 2014.

Department of Biotechnology (DBT) and Department of Science and Technology (DST), under the Ministry of Science and Technology recently released (pdf) the draft of what is termed as Open Access Policy and has invited comments from the public until July 25, reports The Times of India. Comments can be submitted to madhan@dbt.nic.in.

The objective of this policy is to provide unrestricted access to research work funded by the departments. The draft states that since all funds disbursed by DBT and DST are public funds, it is important that the information and knowledge generated through the use of these funds are made publicly available as soon as possible.

As per the draft, DBT/DST will be creating a central repository wherein grantees can either publish their papers in an open-access journal or post the final accepted manuscript to an online repository. This includes papers funded by the two departments in 2012-13 as well as review articles invited by DBT/DST or author initiated that received funding from these departments.

The draft suggests that the full text of the research paper and metadata of all research projects fully or partially funded by DBT/DST or the projects that utilised infrastructure built with the support of DBT/DST will have to be made publicly available, failing which they wouldn’t be considered for future grants or fellowship opportunities among others.

The department believes that providing free access to these publications through gratis open access repository will enable increasing the distribution of these publications and will ensure that these research can be read and built upon.

Copyright of research papers: The draft also sheds light on copyright issues. It states that research work produced by a scientist as an employee of a government body or private institution the copyright would remain with the respective government body or private institution. However, following the final acceptance of the paper by any journal, it has to be deposited in an open access repository within a period of one week.

The author of the research paper will retain the right to reproduce, distribute, publicly perform, and publicly display the article in any medium for non-commercial purposes. They can also prepare derivative works from the article, and authorise others to make any non-commercial use of the article with credit.

Implications: This is a godsend for students, teachers and institutions that don’t have the means to purchase expensive academic journals. Sunil Abraham, executive director of Centre for Internet and Society (CIS) told TOI that the idea is that taxpayers shouldn’t pay twice to access research funded by taxpayers’ money.

Earlier developments in Open Data

In August 2013 the Department of School Education and Literacy, Ministry of Human Resource Development, the Central Institute of Educational Technology (CIET), and National Council of Educational Research and Training (NCERT) had launched an initiative called National Repository of Open Educational Resources (NROER). The objective was to provide free educational resources to school students under the Creative Common license.

The Union Cabinet had cleared the DST formulated National Data Sharing and Accessibility Policy (NPDSA) back in February 2012. NPDSA was supposed to increase accessibility and ease sharing of non-sensitive data amongst the registered users and their availability for scientific, economic and social developmental purposes. However, very little has been reported on how NPDSA was utilised since then.

Click to read the article published in Medianama here.

For more details visit https://cis-india.org/news/medianama-july-23-2014-riddhi-mukherjee-indian-govt-looks-to-provide-free-access-to-public-funded-research-works

Indian English Wikipedian Nvvchar completes 1500 Did You Know articles

tito — 2017-06-28T10:03:41Z

Indian English Wikipedian Nvvchar has completed 1500 Did you know articles. This is the second highest on English Wikipedia.

Indian English Wikipedian User:Nvvchar has completed 1500 Did you know (DYK) articles. DYK is a short piece of fact (hook) taken from Wikipedia's newest content and is showcased on the "Did you know" section on the Main Page. On English Wikipedia 18-24 hooks appear on the Main Page every day. Since mid-2012 Nvvchar has been diligently working on this DYK project and has created (or expanded) articles on a very wide range of subjects such as religion, history, geography, arts, literature, women's achievement, education etc.

On 27 July 2011 Nvvchar completed 500 DYK articles. On 23 August 2013 his 1000th DYK appeared on the Main Page. The DYK nomination and review process need a lot of effort and sometimes it takes weeks to fully finish the process. However after the 1000th DYK in August 2013, in just 2 years 8 months Nvvchar touched another milestone. On 26 April 2016, his 1500th DYK appeared on the Main Page of Wikipedia and the fact was from an article Rudra Mahalaya Temple, an ancient ruined temple located Sidhpur in the Patan district of Gujarat.

A few Wikipedians congratulated him for this achievement. User:Ijon, a Hebrew Wikipedian, appreciated him saying-

Thank you for the persistent and quiet work you do to contribute much-needed knowledge to Wikipedia!

User:Victuallers, an English Wikipedia administrator, wrote on Nvvchar's talk page-

Lets just guess that the average DYK gets read by 100 people - that means you have a readership of 150,000 people. I think its more like 1000 per DYK appearance so that means that your words have been read by over 1 million people and thats just on the first day of publication! There must be multi-millions of people who know a little more about Asian settlements, buildings, people and artefacts then they would have done without the efforts of Nvvchar. . . . . . Great respect for your efforts. Thanks from the Wiki and its many readers

As of 9 May 2016, Nvvchar has 1503 DYKs.

Image source: Wikimedia Commons

For more details visit https://cis-india.org/a2k/nvvchar-1500-dyk

Indian Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents

nehaa — 2016-05-10T15:23:21Z

India’s Department of Industrial Policy and Promotion (“DIPP”) released in March, earlier this year, a discussion paper on standard essential patents and their availability on fair, reasonable and non discriminatory terms.

Available here – http://dipp.nic.in/english/Discuss_paper/Feedback.aspx

DIPP should also be publishing all of the feedback that it receives on the above link. The deadline was submission of comments was (extended to) 29 April, 2016. CIS’ comments are here and a summary is here.

We’re also collecting and uploading other submissions to the DIPP on this issue. Some are here.

This post was published by infojustice.org on May 4, 2016. It can be read here.

For more details visit https://cis-india.org/a2k/blogs/indian-department-of-industrial-policy-and-promotion-discussion-paper-on-standard-essential-patents

Indian Copyright Act, 1957 (as amended by the Copyright (Amendment) Bill, 2010)

pranesh — 2011-08-22T13:28:42Z

This is a version of the Indian Copyright Act, 1957, as it would appear if the Copyright (Amendment) Bill, 2010, were adopted in toto. This has been produced to aid commentators, and is not meant to serve any other purpose. Errors may remain in it, despite my best efforts. If you find any, please e-mail . (Version 0.96 / Last updated: Friday, May 28, 2010)

For more details visit https://cis-india.org/a2k/publications/amended-copyright-act

Indian Copyright Act, 1957 (as amended by Copyright (Amendment) Bill, 2010)

admin — 2011-08-24T06:58:10Z

For more details visit https://cis-india.org/a2k/publications/amended-copyright-act.html

Indian businesses crave IP certainty, but better patent values are tempting them overseas

praskrishna — 2015-05-05T02:27:57Z

Indian corporate leaders view a strong and sustainable IP system as key to furthering their country’s economic development and attracting continued foreign investment, a recent study suggests. A lack of confidence that this is currently the case – and the perceived higher value attached to IP assets in other markets – is driving some of the brightest high tech prospects to build their businesses abroad rather than at home.

This was published in iam magazine. Sunil Abraham gave his inputs.

Research and advocacy firm Strategic Partners Group (SPAG) surveyed executives in a number of major Indian and multinational companies across six broadly defined sectors: healthcare, pharmaceuticals and diagnostics (life sciences); information technology, fast-moving consumer goods and telecommunications (IT/telecoms); legal services; music and entertainment; academic/research institutions; and industry associations. Ninety-nine percent of respondents to the survey agreed that intellectual property plays an important role in their industry. When asked if they believed India has a ‘sound IP policy’, 70% of life sciences, 79% of IT/telecoms and 80% of industry association respondents gave a negative answer. The group that most frequently answered in the affirmative was legal services providers, who were split 50/50 between those content with India’s current IP policy and those wanting to see improvements. While 29% of survey respondents felt that India’s policy makers are doing enough to establish a strong IP rights regime in the country, 65% thought otherwise.

India is all too often thought of by foreign companies as being a highly problematic place in which to own, manage and enforce intellectual property, due to what they see as inefficient infrastructure and misguided policy. The country’s treatment of pharmaceutical patents has been of particular concern to outsiders in recent years. As such, the resulting environment is seen to be somewhat biased in favour of alleged infringers. As a result, foreign rights holders and governments (the United States, in particular) have called on the country’s authorities to review its laws and regulations to bring them into line with what they would argue are international norms.

But the findings of the SPAG survey highlight that it is not just IP owners from overseas who feel they are missing out because of the country’s challenging IP regime. India has one of the most pronounced brain-drains of any country in terms of inventor emigration. And worryingly for the government, several high-profile start-ups have decided to move out of India in recent times in order to take advantage of better appreciation of the value of their intellectual property in other jurisdictions.

Sriram Kanuni, founder of IT consultancy Arteria Technologies, told the Economic Times recently that he had relocated much of his company’s IP holdings to the United States in an effort to get a better valuation for its next round of funding. “Global investors seem to value companies with patents in the United States much higher,” he said. “Therefore, it makes more sense to shift patents out of India, in case you're looking to raise money or exit.”

According to the Times, e-commerce company Flipkart, mobile advertising firm InMobi and customer engagement solutions provider Capillary Technologies all decided to incorporate in Singapore rather than their native India; while data protection start-up Druva opted to make California its new home. Mobile marketing and analytics firm ZipDial also incorporated in the city state; if it had remained in India, its chances of being acquired by Twitter for a reported sum of between $30 million and $40 million back in January may have been significantly lower.

At least part of the issue lies in a lack of certainty surrounding the Indian court system’s treatment of IP rights. “Indian courts aren't uniform when it comes to developing jurisprudence around copyright and patent infringement,” Sunil Abraham, executive director of the Centre for Internet and Society, told theTimes. He opined that judges lacking in IP-related experience may sometimes grant injunctions too readily. “Then the loss of six months… can be quite expensive, because in six months' time your competitor might eat into all of your market.”

According to the SPAG report, Indian courts are yet to award damages in a patent case. They have allocated damages in 72% of trademark cases, 27% of copyright cases and 1% of publicity rights cases, though the approximate average amount awarded is a rather paltry-sounding $1,000.

It sounds like IP policy-shapers in India – whether in government, the judiciary or business – have plenty of work on their hands in order to keep its brightest innovation prospects in the country. India has a lot to offer which may make it more attractive to many foreign rights holders than other developing IP markets. But without an IP system that effectively addresses the value of IP assets, multinationals will continue to be apprehensive to increase their investments in the country – and emerging domestic players may feel they have little choice but to make their IP-related investments elsewhere.

For more details visit https://cis-india.org/a2k/news/iam-media-jack-ellis-april-28-2015-indian-businesses-crave-ip-certainty-but-better-patent-values-are-tempting-them-overseas

India’s Indigenous Languages Drive Wikipedia’s Growth

praskrishna — 2013-08-09T09:58:05Z

Despite accommodating the world’s second largest English-speaking population behind the United States, it is India’s indigenous language speakers that are creating and consuming the content that is driving Wikipedia’s growth on the subcontinent.

Note: We have published only portions where CIS has been mentioned and T. Vishnu Vardhan, Programme Director, Access to Knowledge has been quoted. The complete post by Mahesh Sharma was published in TechCrunch on August 6, 2013, you can read it here.

The Wikimedia Foundation last year issued a ~~$40,000~~ $440,000 grant to the Bangalore-based Centre for Internet and Society (CIS), which, along with the local Wikimedia chapter, has trained almost 2,500 Indians how to edit and create content in their local languages.

Last September, CIS targeted ten tongues — Assamese, Bengali, Gujarati, Hindi, Kannada, Malayalam, Marathi, Odia, Punjabi and Telugu — and started working with India’s Wikimedia chapter, responsible for coordinating the local volunteer efforts, to boost the amount of local language content being created on a range of websites including, Wikipedia, Wiktionary, and WikiCommons.

CIS said that between September 2012 and April 2013 the number of page views increased by almost four million.

While the program has had an impact, director T. Vishnu Vardhan admitted there were some ominous findings. After CIS stopped supporting the Assamese Wikipedia in January 2013, the 20 active editors all but left the site.

“The decline over the last three months also alerts us to the possibility of building dependencies on the program, which is a concern that we need to address going forward,” Vishnu said. ”We need to ensure this community and new people are sustained, that we engage them keep and them interested by showing them the excitement of being part of open knowledge building.”

Ultimately, Vardhan hopes this capacity building exercise will spark a self-fulfilling cycle of local Wikipedia content production and consumption. These reach of these tools is growing as last month, mobile operator Aircel and Wikimedia India announced that subscribers could freely access m.wikipedia.org, available in 19 Indian languages, from their mobile phones

For more details visit https://cis-india.org/news/techcrunch-august-6-2013-mahesh-sharma-indias-indigenous-languages-drive-wikipedias-growth

India- EU FTA: A Note on the Copyright Issues

nehaa — 2013-07-03T06:47:08Z

In this blog post, Nehaa Chaudhari gives us an overview of some of the provisions of the Free Trade Agreement (FTA) and the copyright issues identified therein.

Click to download the India-EU FTA: A Note on Copyright Issues (PDF, 205 Kb)

Against the backdrop of ongoing negotiations dating back to 2007, and, more recently, with parties being unable to make substantial progress on the Indo-EU FTA[1] this note presents an overview on some of the provisions of the FTA and the copyright issues identified therein. This note deals with the issues on two levels- first to examine the impact of intellectual property right provisions in FTAs in general and second to apply these generic principles to the Indo- EU FTA specifically.

Introduction

Investment agreements, of which bilateral investment treaties are a part, and investment chapters in various FTAs often result in an increase in the effective levels of intellectual property protection in one of the countries that is a part to the agreement. This can be done either explicitly, where ‘investment’ may be defined to include IP, or implicitly, for instance, through an expropriation provision.[2] This has concurrently witnessed the growing realization that the promotion of these increased IP standards is not suited to the need of developing countries. Therefore, it has been observed[3]that there is now an attempt by the developed countries to use FTAs as a forum to push for higher standards of IP protection in developing countries, and to restrict the scope of the flexibilities offered by TRIPS, most notably in the sectors of protection of plant varieties, patents and access to medicine, farmers rights and access to information.[4]This approach is inherently problematic, because it then infringes on the developing countries’ ability to achieve their developmental objectives.

Dismantling the Arguments In Favour of Increased IP Protection

A prevalent view of thought is that in order to increase Foreign Direct Investment (FDI), developing countries would have to increase their IP protection. This section of the paper seeks to argue that this might not necessarily be the case.

An illustration of the aforesaid proposition may be Heald’s criticism[5] levied on Mansfield’s paper[6] arguing that there was a direct correlation between the level of intellectual property protection in a country and the foreign direct investment into that country. Further, a study[7] conducted under the aegis of the United Nations has suggested that there was a ‘considerable incentive’ for countries to use the flexibilities provided under TRIPS to maximise net benefits for their development; stating that while in countries with a capacity to innovate stronger IPR protection can reap some benefits in terms of greater innovation at home and a greater diffusion of technology, the same cannot be said about nations without such a capacity, and may in fact impose additional costs.[8]

Specifically in the area of copyright, it has been observed that increased copyright protection can hamper the growth and development of knowledge based industries. Sanya Smith argues that those who control copyright have a ‘significant advantage’ in the knowledge based economy, and says that in the current scenario where ownership of copyright is largely in the hands of industrialized nations, this places developing nations, and smaller economies at a significant disadvantage.[9] She also goes on to argue that increasing copyright protection alone does not seem to be sufficient to stimulate industries, and there may other factors involved. Additionally, copyright could also significantly increase the cost of creative industries.[10] More fundamentally however, access to information and knowledge are amongst the most affected areas as a result of tightening of copyright laws, leaving students, academicians, researchers, scientists and persons with print disability significantly disadvantaged.

Implications of the Copyright Provisions in the Proposed Indo- EU FTA

Based on the general discussion earlier, this section of the paper seeks to examine the proposed and long debated Indo- EU FTA for the concerns enumerated earlier. As things currently stand, both parties have failed to reach a consensus on various substantial differences, and a ministerial meet originally scheduled for June seems unlikely to take place.[11]

It has been observed[12] that the Indo- EU FTA[13] includes various provisions that preserve the flexibilities offered under the TRIPS framework. This is extremely critical from the perspective of developing countries, given that access to knowledge is an extremely important ideal to be preserved. For instance, as noted by Knowledge Ecology International[14]the proposed FTA includes Articles 7 (Objectives) and 8 (Principles) of the TRIPS[15] by reference. Further, the language of Article 13 under the proposed FTA explicitly recognizes the importance of the Doha Declaration, which is a positive step.[16] It has been said however, that stronger language where the parties ‘affirmed’ their obligations under the Declaration could have been used.[17] However, this does not take away from the fact that many of the provisions of the proposed FTA are extremely problematic, as will be discussed in the forthcoming parts of this paper.

Problematic Provisions

The main concern that has emerged from this FTA is the fact that some of its provisions dealing with IPR go beyond the mandate as under the TRIPS Agreement. For instance, as pointed out by Shamnaad Basheer to Intellectual Property Watch, various provisions now provide for intermediary liability, which isn’t present in TRIPS. He also adds however, that if the initial stand of the government that India would not go TRIPS plus continues to hold, the government should indeed adopt a strong stance and not cave in to the said provisions.[18] An overview of some of the problematic provisions has been presented hereafter:

International Obligations

As per the proposed treaty, protection granted by the parties should be in accordance with the Berne Convention, the Rome Convention and the WIPO Copyright and Performance and Phonograms Treaties. Snehashish Ghosh in his blog post[19] writes that the EU stipulates compliance with Articles 1 through 22 of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961), Articles 1 through 14 of the WIPO Copyright Treaty – WCT (Geneva, 1996), Articles 1 through 23 of the WIPO Performance and Phonograms Treaty – WPPT (Geneva, 1996). It is critical to note that the Rome Convention is not in force in India[20], and that India is not a party to either the WCT[21] or the WPPT[22], and therefore, this provision would have the effect of substantially surpassing all obligations that India has at the moment under multilateral international agreements.

Technical Protection Measures (TPMs) and Digital Rights Management (DRM)

A TPM, understood simply, is a lock in a digital format, placed on digital material to prevent access to or copying of the material in question. The problem with such measures is that they can prevent even those forms of copying which are legal (for instance, the copying of a movie on which copyright has expired could be prevented), creating a potentially infinite monopoly over the product in question. India, in its negotiations with the EU, has agreed to sweeping language under this provision, where TPMs and DRM measures are broadly defined. The Agreement further provides for limitations on TPM protections only to persons who have “legal access to the protected work or subject matter”.[23]

Copyright Expansion

There are various provisions under the proposed FTA that have the effect of copyright expansion. To begin with, the duration of protection for photographic works is not expressly mentioned in the proposed agreement.[24] Snehashish Ghosh concludes that the term of photographic works is unclear in the proposed FTA. He writes that the proposed FTA makes it mandatory for the parties to comply with the Berne Convention, and all literary and artistic work under the proposed FTA is to be construed as the same as the Berne Convention[25]. Photographic works are included under literary and artistic works under the Berne Convention, and the rights of an author in case of photographic works are protected for a minimum period of 25 years. However, the proposed FTA extends the period of protection to beyond that prescribed by the Berne Convention and states that protection is given to literary and artistic works (as defined in the Berne Convention) for a period of the duration of the life of the author plus fifty years after this death. It further states that works for which the period of protection is not calculated from the death of the author, and which have not been lawfully made available to the public within at least 50 years from their creation, the protection shall terminate.[26]

Article 7.6 (proposed by the EU), limits the resale rights of a downstream purchaser. It has been noted by Knowledge Ecology International[27] that this seems to give the author of an original work of art a right in perpetuity, to receive a royalty for the resale of the piece of art, where such right cannot be waived or transferred by the author of the work. Therefore, a situation would arise where each time a person who has purchased the work wants to resell the same, he would have to pay royalties to the original author.[28] The observations further go on to note that royalties are not limited, and the amount has to be determined by national legislation. Further complicating the situation is the fact that the provision does not cease to apply after a given number of re-sales, and continues to the death of the author (but might not into the 50 year protection post the death of the author).[29]

Exceptions and limitations for copyright have been covered under Article 7.9(1) of the proposed FTA, and they may be created “only” in accordance with the three step test, which is essentially that (a) the exceptions and limitations must apply in certain special cases; (b) must not be in conflict with the normal course of exploitation of the subject matter in question and (c) must not unreasonably prejudice the legitimate interests of the right holders.[30] It has been observed that this test is more restrictive than TRIPS, Berne Convention, Rome Convention or the WCT.[31]

On the plus side, temporary copies have been excluded from copyright protection, as per Article 7.9(2) of the proposed FTA, which would ensure the proper functioning of technology.

Persons with Disabilities

There is nothing that deals with the import/export or cross border exchange of files/documents/books etc. for persons with disabilities.

Cross Border Measures

Cross Border Measures have been dealt with under Article 30 of the proposed FTA. It is interesting to note that under this Article the EU has proposed the application of border measures to exports as well. This is contrary to the position laid down in the TRIPS Agreement, which has this requirement only for importing infringing goods.[32] Further, the EU also seeks to expand the applicability of such measures to include those goods which also infringe designs or geographical indications. Additionally, Article 30 also leaves out certain TRIPS safeguards, for instance, one that requires the right holder to provide adequate evidence for a prima facie case of infringement.[33]

Intermediary Liability

It has been suggested that the EU, under the garb of protecting intermediate service providers from liability for infringement by users, is purporting to place a greater burden on the providers in question, of policing user activity.[34] For instance under Article 35.1.1 of the proposed FTA, while service providers are not under any general obligation to seek facts or circumstances that could indicate illegal activity, they may be obligated to promptly inform competent authorities of these alleged illegal activities undertaken/information provided by recipients of their service. [35] Otherwise, the providers may also be required to communicate to the authorities, on their request, information that would enable the identification of their service with whom they have storage agreements, as per Article 35.1.2.[36] It has been rightly identified by Glover Wright, that such provisions would only serve to increase tensions between the users and their service providers, with relations dictated by concerns about liability, and barriers in the sending, receiving and storing of information freely. It would be a tricky question for intermediate service providers to check what would constitute ‘knowledge’ and how they were to best safeguard themselves from liability.[37] Therefore, the author is inclined to agree with Wright’s submission that India needs to reject all provisions of liability of intermediate service providers as discussed above.

IP Enforcement

There exist, as regards the enforcement of rights, many problematic provisions in the proposed FTA. For starters, the EU has proposed that interlocutory injunctions may also be issued under the same conditions against an intermediary whose services are being used by a third party to infringe intellectual property rights.[38] This may be found under Article 22.1 of the proposed FTA, and is inherently problematic for being a provision far beyond the mandate as laid down by TRIPS.

The EU is also pushing for the use of very explicit language as regards seizing movable and immovable property of the alleged infringer as a precautionary measure. This also extends to the blocking of the bank accounts and other assets of the said infringer, and to this end, competent authorities may even order the communication of bank, financial or commercial documents, or access to the said information.[39] It is critical to note that such a provision is greatly problematic as being rather vague in its approach, and very readily compromising privacy for ‘alleged’ acts of infringement.

It is further critical to note that while Article 20 states that courts should have the power to grant ex parte order to collect evidence that is allegedly infringing, there are no safeguards provided for protection of a bona fide defendant whose premises might have been raided wrongly. It is submitted that provisions that safeguard the interests of defendants are of prime importance, especially in the Indian set up, where courts are as it is rather generous in their granting of ex parte orders.

Concluding Observations

While India may stand to benefit from the proposed FTA with the EU, there remain significant IP related issues that need to be ironed out before India comes to any consensus about the agreement and ratifies the same. On the basis of the discussion over the course of this paper, it may be seen that the provisions on intellectual property rights are problematic on various levels, particularly in the areas of expansion of copyright, the inclusion of TRIPS plus provisions, cross border measures, TPMs, liability of service providers and enforcement mechanisms.

Discussions in the first half of this paper have demonstrated that increased IP protections do not necessarily translate into increased FDI and may in fact stifle innovation. Further, the warning to developing countries against adopting IPR standards fixed by developed nations has been sounded many times over, and is one that needs to be heeded to very closely for developing nations to achieve their developmental objectives.

India has over a period of time established an IP regime that is consumer friendly. In adopting the proposed FTA in its current form, she risks endangering this regime that has thus far been instrumental in proliferating emerging technologies in the county.[40] Given that India has already acceded to international standards for IPRs as a result of being a member of the WTO and being TRIPS compliant, there is no cogent reason to be made out that warrants the accession to an FTA with TRIPS plus provisions. India ought to continue to push back strongly on these fronts, bearing in mind that its stance could very well set the tone for other such agreements in South Asia. From the way things stand at the moment, it is indeed a matter of some relief that the ratification of this proposed FTA still appears to be at a considerable distance.

[1].Hereafter referred to as the FTA.

[2]. Sanya Reid Smith, Intellectual Property in Free Trade Agreements, for the UNDP Regional Trade Workshop (17-18 December, Penang, Malaysia), available at http://bit.ly/11W8dqy (last accessed 04 June, 2013).

[3]. Id.

[4]. Id at 5.

[5]. Supra note 2, citing PJ Heald, Information Economics and Policy 16 (2004) 57-65

[6]. Edwin Mansfield, Intellectual Property Protection, Foreign Direct Investment and Technology Transfer, International Finance Corporation: Discussion Paper No. 19, available at http://bit.ly/18V4D5v (last accessed 05 June, 2013)

[7]. See generally- Rod Falvey et. al., The Role of Intellectual Property Rights in Technology Transfer and Economic Growth: Theory and Evidence, United Nations Industrial Development Organization: Discussion Paper (2006), available at http://bit.ly/11JBR4o (last accessed 05 June, 2013).

[8]. Id.

[9]. Supra note 2 at 23.

[10]. Supra note 2 at 23.

[11]. PTI, India – EU FTA Talks Fail to Bridge Gaps, available at http://bit.ly/19LJaeP (last accessed 05 June, 2013).

[12]. Krista Cox, Quick Reaction to the EU/India (BTIA) Negotiating Text, available at http://keionline.org/node/1693 (last accessed 04 June, 2013).

[13]. Hereafter referred to as the FTA

[14]. KEI Staff, More Notes on the India EU FTA (BTIA), available at http://keionline.org/node/1692 (last accessed 05 June, 2013).

[15]. See http://bit.ly/13XhCfZ for more details, and for the bare text of the Articles. (last accessed 05 June, 2013).

[16]. Supra note 14.

[17]. Supra note 12.

[18]. Patralekha Chatterjee, Leaked IP Chapter of India- EU FTA Shows TRIPS-PLUS Pitfalls for India, Expert Says, available at http://bit.ly/Y7w70e (last accessed 05 June, 2013).

[19]. Snehashish Ghosh, Analysis of Copyright Expansion in the India-EU FTA (July 2010), available at http://bit.ly/ysitEC (last accessed 03 June, 2013).

[20]. For the status of Contracting Parties, see http://bit.ly/UITpsX (last accessed 05 June, 2013).

[21]. For the status of Contracting Parties, see http://bit.ly/f92xL2 (last accessed 05 June, 2013).

[22]. For the status of Contracting Parties, see http://bit.ly/fEsUAF (last accessed 05 June, 2013).

[23]. Supra note 14.

[24]. Supra note 19.

[25]. Supra note 19.

[26]. Supra note 19.

[27]. Supra note 12.

[28]. Supra note 12.

[29]. Supra note 12.

[30]. Supra note 12.

[31]. Supra note 14.

[32]. Supra note 12.

[33]. Supra note 12.

[34]. See Article 35 of the Proposed FTA.

[35]. Glover Wright, A Guide to the Proposed India-European Union Free Trade Agreement, available at http://bit.ly/16Dfuga (last accessed 05 June, 2013) at 12- 14.

[36]. Id.

[37]. Id.

[38]. Thiru, EU-India FTA: EU Pushes for IP Enforcement- IP Chapter Draft Text Under Negotiation (2013), available at http://keionline.org/node/1681 (last accessed 05 June, 2013).

[39]. See Article 22.3 of the proposed FTA.

[40]. Supra note 35.

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