Centre for Internet and Society

Marathi Wikipedia Workshop in Sangli, Maharashtra

Subodh Kulkarni — 2017-08-16T08:40:58Z

A Marathi Wikipedia workshop was recently held in Sangli, Maharashtra

An introductory Marathi Wikipedia workshop was recently held at CSIBER Trust's V.P. Institute of Management Studies and Research, Sangli, Maharashtra. The workshop aimed to introduce Wikipedia and its sister projects to the participants.

In an effort to implement innovative projects for the students, in March 2017, the institution decided to integrate Wikimedia Projects and academic assignments for capacity building of students and faculty. The implementation started with the Wikipedia edit-a-thon on Environment Management at CSIBER Institute in Kolhapur on 30th March. The Institute in Sangli has also adopted the concept for this academic year. This workshop was organised for faculty and selected students who were taught basic editing skills on Wikipedia, searching for the concerned articles, categorisation and translation from other language wikis. Another focus of the workshop was to integrate academic assignments with Wikimedia projects.

For more details visit https://cis-india.org/a2k/blogs/marathi-wikipedia-workshop-in-sangli-maharashtra

July 2017 Newsletter

praskrishna — 2017-08-23T02:03:19Z

Dear readers,

Previous issues of the newsletters can be accessed here.

Highlights
In an article published in the Huffington Post on July 1, 2017, Nirmita Narasimhan stated that imposing taxes on assistive devices is unfair. It is unconscionable that disability aids and assistive technology are considered a luxury and taxed at a higher rate than rough semi-precious stones or cashew nuts. A research paper on patent working requirements and complex products in India authored by Prof Jorge L. Contreras, University of Utah, and Rohini Lakshané, CIS has been accepted for publication in the Jindal Global Law School Law Review 2017. Negotiators from 16 countries met in Hyderabad for discussing a free trade agreement titled Regional Comprehensive Economic Partnership. Anubha Sinha along with Arul George Scaria reported this in an article published by Live Law.in. Supreme Court of India while dismissing an appeal by the Indian Reprographic Rights Organization ruled that there was no copyright infringement and no licence was required since the activities fell under the education exception in Indian copyright law. In an article published by EIFL, Anubha Sinha discusses the judgment and what it means for access to educational materials in India. Odia Wikipedians, in conjunction with Indian Athletics Federation and Sports and Youth Services collaborated to document the 2017 Asian Athletics Championships. Hundreds of photos were uploaded and new Wikipedia content added to inform the event’s fans, wrote Sailesh Patnaik and Jnanaranjan Sahu in a blog post. As recently as May 27, 2016, the General Data Protection Regulation (REGULATION (EU) 2016/679 was adopted The Data Protection Directive (1995/46/EC) will be replaced by this Regulation. It is expected that under this Regulation data privacy will be strengthened. Aditi Chaturvedi analyses the developments in a report.

CIS in the news:

UIDAI declining multiple requests by police to share Indian citizens’ biometrics (Justin Lee; Biometrics; July 4, 2017).
Act now to protect yourself against future ransomware attacks (Sanjay Kumar Singh; Business Standard; July 5, 2017).
Reliance Jio data leaked on website : report (Livemint; July 10, 2017).
Supreme Court sets up constitution bench to hear Aadhaar privacy issues (Priyanka Mittal; Livemint; July 12, 2017).
Centre to form panel to 'encrypt' MGNREGA-DBT database and prevent leaks (Sanjeeb Mukherjee; Business Standard; July 14, 2017).
Calls for law change after Indians left in dark over data leaks (Rahul Bhatia and Sankalp Phartiyal; Reuters; July 14, 2017).
Indians Call For More Stringent Data Protection Laws (PYMTNS; July 17, 2017).
Social Activist Alleges Threat By Police Officer Over Possession of Aadhaar (Gaurav Vivek Bhatnagar; Wire; July 16, 2017).

Aadhaar privacy: Key issues that all Aadhaar card holders should bear in mind (Business Today, July 19, 2017).
Data in the open makes it easy for cyber criminals (Kiran Parashar KM; New Indian Express; July 26, 2017).

CIS members wrote the following articles

Why GST Is A Step Backward For The Disabled (Nirmita Narasimhan; Huffington Post; July 1, 2017).
Course Packs for Education Ruled Legal in India (Anubha Sinha; EIFL; July 12, 2017).
Digital native: Not only words (Nishant Shah; Indian Express; July 16, 2017).
Aadhar: Privacy is not a unidimensional concept (Amber Sinha; Economic Times; July 23, 2017).
RCEP IP Chapter: A Serious Threat to Access to Knowledge/ Cultural Goods? (Arul George Scaria and Anubha Sinha; July 27, 2017).
Digital native: Ever on the go (Nishant Shah; Indian Express; July 30, 2017).

-------------------------------------
Accessibility & Inclusion
-------------------------------------
India has an estimated 70 million persons with disabilities who don't have access to read printed materials due to some form of physical, sensory, cognitive or other disability. As part of our endeavour to make available accessible content for persons with disabilities, we are developing a text-to-speech software in 15 languages with support from the Hans Foundation. The progress made so far in the project can be accessed here.

Article

Why GST Is A Step Backward For The Disabled (Nirmita Narasimhan; Huffington Post; July 1, 2017).

-----------------------------------
Access to Knowledge
-----------------------------------
Our Access to Knowledge programme currently consists of two projects. The Pervasive Technologies project, conducted under a grant from the International Development Research Centre (IDRC), aims to conduct research on the complex interplay between low-cost pervasive technologies and intellectual property, in order to encourage the proliferation and development of such technologies as a social good. The Wikipedia project, which is 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.

►Pervasive Technologies and Copyright

Research Paper

Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance (Jorge L. Contreras and Rohini Lakshané; SSRN and Jindal Global Law School Review; July 17, 2017).

Participation in Event

19th RCEP Meeting (Organized by Ministry of Commerce, Government of India; July 17 - 28, 2017; Hyderabad). Anubha Sinha participated in the meeting.

►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).

Blog Entries

Note: The events were organized earlier but reports were published in July 2017:

Christ University Wikipedia Education Program Internship (Manasa Rao and Ananth Subray; July 5, 2017).
Christ University Wikipedia Education Program Faculty Orientation Report (Ananth Subray; July 7, 2017).
How It Came To Be: Wiki Loves Uniformed Services (Krishna Chaitanya Velaga; July 10, 2017).
Tallapaka Pada Sahityam is now on Wikisource (Pavan Santhosh; July 10, 2017).
Thematic Edit-a-thon at Yashawantrao Chavan Institute of Science, Satara (Subodh Kulkarni; July 11, 2017).
Asian Athletics Championships 2017 Edit-a-thon (Sailesh Patnaik and Jnanaranjan Sahu; July 31, 2017).

-----------------------------------

Internet Governance
-----------------------------------

As part of its research on privacy and free speech, CIS is engaged with two different projects. The first one (under a grant from Privacy International and IDRC) is on surveillance and freedom of expression (SAFEGUARDS). The second one (under a grant from MacArthur Foundation) is on restrictions that the Indian government has placed on freedom of expression online.

►Privacy

Blog Entry

Data Protection: Understanding the General Data Protection Regulation (Aditi Chaturvedi; July 4, 2017).

Participation in Event

IViR Summer Course on Privacy Law and Policy (Organized by the University of Amsterdam; July 3 - 7, 2017; Amsterdam). Amber Sinha attended the course.

►Free Speech and Expression and Cyber Security

Participation in Events

OHD on Consultation Paper on Net Neutrality (Organized by Telecom Regulatory Authority of India; July 25, 2017). Pranesh Prakash was a speaker.
UNESCO Multistakeholder consultation at 8th Asia Pacific Regional Internet Governance Forum (APrIGF) (Organized by UNESCO; Bangkok; July 26 - 29, 2017). Sunil Abraham was a speaker. Vidhushi Marda also participated in the event.
Cybersecurity Workshop: Spotlight On GCCS 2017 (Organized by Global Partners Digital (GPD) and the Centre for Communication Governance at National Law University, Delhi, in collaboration with Digital Empowerment Foundation, Digital Asia Hub and Open Net Korea; Bangkok; July 25 - 27, 2017). Sunil Abraham was a speaker. Udbhav Tiwari and Vidushi Marda participated in the event.

-----------------------------------
Telecom
-----------------------------------
CIS is involved in promoting access and accessibility to telecommunications services and resources, and has provided inputs to ongoing policy discussions and consultation papers published by TRAI. It has prepared reports on unlicensed spectrum and accessibility of mobile phones for persons with disabilities and also works with the USOF to include funding projects for persons with disabilities in its mandate:

Participation in Event

Workshop on Public Open Wi-Fi Pilot (Organized by Telecom Regulatory Authority of India; July 25, 2017). Pranesh Prakash was a speaker.

-----------------------------------
Researchers at Work
-----------------------------------
The Researchers at Work (RAW) programme is an interdisciplinary research initiative driven by an emerging need to understand the reconfigurations of social practices and structures through the Internet and digital media technologies, and vice versa. It aims to produce local and contextual accounts of interactions, negotiations, and resolutions between the Internet, and socio-material and geo-political processes:

Event Organized

Dr. Prerna Prabhakar - Impact of Digitisation of Land Records in Rural India (CIS, New Delhi; July 7, 2017).

-----------------------------------

About CIS
-----------------------------------
The Centre for Internet and Society (CIS) is a non-profit organisation that undertakes interdisciplinary research on internet and digital technologies from policy and academic perspectives. The areas of focus include digital accessibility for persons with disabilities, access to knowledge, intellectual property rights, openness (including open data, free and open source software, open standards, open access, open educational resources, and open video), internet governance, telecommunication reform, digital privacy, and cyber-security. The academic research at CIS seeks to understand the reconfigurations of social and cultural processes and structures as mediated through the internet and digital media technologies.

► Follow us elsewhere

Twitter: http://twitter.com/cis_india
Twitter - Access to Knowledge: https://twitter.com/CISA2K
Twitter - Information Policy: https://twitter.com/CIS_InfoPolicy
Facebook - Access to Knowledge: https://www.facebook.com/cisa2k
E-Mail - Access to Knowledge: a2k@cis-india.org
E-Mail - Researchers at Work: raw@cis-india.org
List - Researchers at Work: https://lists.ghserv.net/mailman/listinfo/researchers

► Support Us

Please help us defend consumer and 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, artists, and theoreticians, both organisationally and as individuals, to engage with us on topics related internet and society, and improve our collective understanding of this field. To discuss such possibilities, please write to Sunil Abraham, Executive Director, at sunil@cis-india.org (for policy research), or Sumandro Chattapadhyay, Research Director, at sumandro@cis-india.org (for academic research), with an indication of the form and the content of the collaboration you might be interested in. To discuss collaborations on Indic language Wikipedia projects, write to Tanveer Hasan, Programme Officer, at tanveer@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-2017-newsletter

19th RCEP Meeting

Admin — 2017-08-23T00:57:08Z

Anubha Sinha participated in the 19th RCEP Meeting organized by the Ministry of Commerce, Government of India in Hyderabad between July 17 to July 28, 2017.

The 19th round of the Regional Comprehensive Economic Partnership (RCEP) Trade Negotiating Committee (TNC) meetings and other related meetings were held from 17 to 28 July 2017 in Hyderabad, India. RCEP is a proposed comprehensive regional economic integration agreement amongst the 10-ASEAN countries (Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam) and its six Free Trade Agreements (FTAs) partners, viz. Australia, New Zealand, Japan, China, Korea and India.

During the 19th round, parallel meetings were held by the three main Working Groups on Trade in Goods, Trade in Services and Investment, including their respective Sub-Working Groups. Working Groups in other areas like Intellectual Property, electronic commerce, Legal and Institutional Issues etc. also had their meetings.

The Meeting was inaugurated by Ms. Rita Teaotia, Secretary, Department of Commerce, Government of India on 24 July 2017. The Secretary mentioned that it is important that RCEP offers a positive and forward looking alternative in the face of growing protectionism across the world. The Secretary further highlighted that while RCEP is a beacon of hope for free trade, its real success will be measured by its ability to bring prosperity, economic growth, decent living standards, creation of jobs and greater business opportunities for the people of the region, in an equitable manner. The Secretary reiterated the importance of being guided by the Guiding Principles and Objectives for Negotiating the
RCEP, for direction and assessing whether we are pursuing the balanced and commercially meaningful ambition it envisages. She mentioned that keeping this larger picture in view, India is constructively engaged in RCEP and hopes that the 19th RCEP Round in Hyderabad would find innovative ways to provide impetus to the negotiations.

During the 19th round, a set of key elements for significant outcomes, envisaged to be achieved by the end of 2017, were agreed. The Meeting also highlighted the need to have balanced discussions to progress negotiation across all areas, and to continue to deliver outcomes.

During the meeting, all RCEP Participating Countries (RPCs) agreed that a good RCEP agreement has immense potential to deliver on new economic opportunities including job creation that are much needed in today’s world of uncertainty. The Meeting expressed shared commitment to work collectively and in a cooperative manner, to progress the negotiations in an accelerated way, and achieve a modern, comprehensive, high-quality and mutually beneficial agreement that addresses and balances the aspirations and sensitivities of participating countries.

On the sidelines of RCEP, two Stakeholder events – with Business Stakeholders and Civil Society Organizations (CSOs), were held to obtain feedback on the expectations and sensitivities of stakeholders from participating Countries. The CSO engagement was held with participation from over 28 international, regional and local CSOs. The RCEP Business Stakeholders’ Consultations were jointly organized by the Confederation of Indian Industries (CII) and the East Asia Business Council (EABC).

For more details visit https://cis-india.org/a2k/news/19th-rcep-meeting

Telugu Wikisource Workshop

Pavan Santhosh — 2017-08-16T08:40:55Z

Recently, a Telugu Wikisource Workshop was conducted in Hyderabad between 22- 23 July, 2017

An introductory Wikisource workshop was recently held for Telugu Wikipedians in Hyderabad. This event was held in conjunction with the NTR Trust, an organisation working towards socio-economic change in Andhra Pradesh and Telangana.

Wikisource aims to build a library of source texts as well as translations. The workshop held between 22- 23 July was conducted for both existing Wikimedians and those new to the movement. Prior to the workshop, Telugu Wikipedians were consulted and were asked to take part in the event and provide their support. The participants were taught the basics of Wikisource and encouraged to contribute to it. They were given a tutorial on the entire process from uploading the book to completing it as an eBook. They were taught important aspects such as copyright, Creative Commons licenses as this would help them select books to upload on Wikisource.

Says participant Sri Ramamurthy "I am contributing to Telugu Wikisource for a long time, regularly. I could learn how to do some important aspects of Telugu Wikisource like indexing a book and techniques like OCR in this event. This turned out to be a very useful event. As resource persons are from Telugu language and sessions were in Telugu, I could easily and quickly grasp things."

Ten index pages were created during the event and 193 pages were uploaded onto Telugu Wikisource after the event. The event had only two female participants and eight male participants. CIS-A2K hopes to make more of a concerted effort to bridge this gap in participation between males and females.

For more details visit https://cis-india.org/a2k/blogs/telugu-wikisource-workshop

Patent Working Requirements and Complex Products: An Empirical Assessment of India's Form 27 Practice and Compliance

rohini — 2017-10-13T04:32:49Z

India requires every patentee to file an annual statement, also known as “Form 27”, describing the working of each of its issued Indian patents. If a patent is not locally worked within three years of its issuance, any person may request a compulsory license, and if the patent is not adequately worked within two years of the grant of such a compulsory license, it may be revoked. The research paper on Form 27 practices and compliance by patentees authored by Prof Jorge L. Contreras, University of Utah, and Rohini Lakshané, Centre for Internet and Society has been accepted for publication in the NYU Journal of Intellectual Property and Entertainment Law.

The research paper by Prof Jorge L. Contreras, University of Utah, and Rohini Lakshané, Centre for Internet and Society was published on SSRN on July 17, 2017. The paper has been accepted for publication in the NYU Journal of Intellectual Property and Entertainment Law.

The potency of India’s patent working requirement was demonstrated by the 2012 issuance of a compulsory license for Bayer’s patented drug Nexavar. In order to provide the public with information about patent working, India requires every patentee to file an annual statement on “Form 27” describing the working of each of its issued Indian patents.

We conducted the first comprehensive and systematic study of all Forms 27 filed with respect to a key industry sector: mobile devices. We obtained from public online records 4,916 valid Forms 27, corresponding to 3,126 mobile device patents. These represented only 20.1% of all Forms 27 that should have been filed and corresponded to only 72.5% of all mobile device patents for which Forms 27 should have been filed. Forms 27 were missing for almost all patentees, and even among Forms 27 that were obtained, almost none contained useful information regarding the working of the subject patents or fully complying with the informational requirements of the Indian Patent Rules. Patentees adopted drastically different positions regarding the definition of patent working, while several significant patentees claimed that they or their patent portfolios were simply too large to enable the reporting of required information. Many patentees simply omitted required descriptive information from their Forms without explanation.

The Indian government has made little or no effort to monitor or police compliance with Form 27 filings, undoubtedly leading to significant non-compliance. However, some of the complaints raised by patentees and industry observers may have merit. Namely, that patents covering complex, multi-component products that embody dozens of technical standards and thousands of patents are not necessarily amenable to the individual-level data requested by Form 27. We hope that this study will contribute to the ongoing conversation in India regarding the most appropriate means for collecting and disseminating information regarding the working of patents.

Download the Paper

For more details visit https://cis-india.org/a2k/blogs/patent-working-requirements-and-complex-products-an-empirical-assessment-of-indias-form-27-practice-and-compliance

Course Packs for Education Ruled Legal in India

sinha — 2017-07-14T04:05:00Z

On 9 May 2017, a five year court battle between publishers and universities finally came to an end when the Supreme Court of India dismissed an appeal by the Indian Reprographic Rights Organization (IRRO) challenging an earlier judgment of Delhi High Court that ruled course packs in India legal for educational purposes.

The article was published by EIFL on July 12, 2017.

In a case that gained wide international attention, issues such as the cost of textbooks in India were raised, students agitated for fair access to educational materials, and the jurisprudence on copyright in India has taken a leap forward. In this guest blog, Anubha Sinha, Programme Officer on Openness and Access to Knowledge at the Centre for Internet and Society India, discusses the judgment in the case known as the ‘Delhi University photocopy’ case, and what it means for access to educational materials in India.

The facts of the case

In 2012, three academic publishers, Oxford University Press (OUP), Cambridge University Press (CUP) and Taylor & Francis, sued the University of Delhi (DU) and Rameshwari Photocopy Service (based at the university) for copyright infringement for photocopying parts of their textbooks and distributing them in course packs - collections of assigned reading materials – exclusively to students for a fee.

The publishers sought to compel Delhi University to enter into a licensing agreement with the Indian Reprographic Rights Organization (IRRO), that manages certain rights on behalf publishers and other rightsholders in India.

The course packs in question comprised excerpts from textbooks on course syllabi at Delhi School of Economics (part of the University of Delhi). The court analyzed the content of four packs that included works such as Transforming India: Social and Political Dynamics of Democracy (OUP), New Cambridge History of India (CUP) and Political Philosophy (Routledge/Taylor & Francis).

The court found that on average 8.8% of the textbooks, that each cost on average 39 USD (2,500 INR), were used in the course packs. Students and faculty were charged a nominal fee of one US cent (40 paise) per page to buy the course pack.

The court’s judgment – no infringement, no licence required

In an interim order in 2012, the court issued a temporary injunction restraining the sale of course packs by Rameshwari. However, the order was overturned when in subsequent judgments (in September 2016 and an appeal judgment in December 2016) the court ruled in favour of the University.

On whether the making of the course packs was a copyright infringement, the court found no infringement because the activities fell under the education exception in Indian copyright law (specifically section 52(1)(i)).

Section 52(1)(i) of the Indian Copyright Act (1957) allows any work to be reproduced by a teacher or pupil for the purposes of instruction. In a liberal interpretation of the provision, the court held that the reproduction of a work is not limited to reproduction by an individual teacher or pupil, it also extends to the action of multiple teachers and students. Further, the court held that the phrase ‘course of instruction’ embraces any instruction for the duration of an entire course or teaching programme, it is not limited only to teaching in the classroom.

On whether the university must obtain a licence to photocopy from IRRO, the court held that no licence is required because the activities are covered by Section 52(1)(i).

The court also found there to be no commercial exploitation of copyright in the works.

During the case, the publishers tried to impute a profit motive on the part of the defendants. They argued that by selling chapters of the books, the defendants were in direct competition with publishers thereby creating an adverse effect on the publishers’ market.

The court rejected the argument holding that students are hardly potential customers for multiple books used in the course packs. For example, post-graduate students might have 35-40 reading assignments per subject.

Without the course packs, students would simply look elsewhere for the material, including the university library. In fact, the court noted that increased access to education has the potential to expand the customer base for such books in the future.

Primacy of purpose

Importantly, the court said fairness of use is to be judged only by its intended purpose i.e. education, and not from any qualitative or quantitative uses (such as which parts of the text are used or the number of copies made).

The court’s judgment on appeal, that references case law from Canada, the USA the UK and New Zealand, emphasizes that the determination of ‘fairness’ of a use rests solely on the “touchstone of the purpose of the use and/or other limitations expressly built in each of these clauses”. Thus there is no requirement to introduce other tests or factors when applying Section 52(1)(i) and so a general fair use principle is to be read into all such provisions in the law.

The case concludes

The High Court remained undecided on two points of fact: whether the works included in the course packs were necessary for educational instruction, and whether the photocopying of entire books is allowed under Indian law. It decided to refer these issues for determination to a trial court.

However, the trial court hearing never proceeded because in March 2017 the publishers decided to withdraw from the case, in a move that surprised observers. A joint statement issued by OUP, CUP and Taylor & Francis acknowledged the important role that course packs play in education, and looked forward to working “even more closely with academic institutions, teachers and students to understand and address their needs”.

In a further twist in April 2017, the Indian Reprographic Rights Organization (IRRO) filed an appeal to the Supreme Court challenging the High Court’s judgment.

On 9 May 2017, the Supreme Court summarily dismissed IRRO’s appeal.

Impact of the Delhi University case

The ruling in the Delhi University case is a huge triumph for access to educational materials in India over the interests of private copyright holders.

The case shone a light on the socio-economic context of university level education in India, in particular the cost of textbooks. Students became advocates for access to knowledge, and the law on access to educational materials in India has been advanced.

Book prices in India are an issue

A study submitted to the court showed that consumers in the global South often have to commit significantly higher proportions of their income to buy books because absolute book prices are far higher than in the global North. For example, if consumers in the US had to pay the same proportion of their income to purchase the Oxford English Dictionary, it would cost a ludicrous 941.20 USD!

Not even university libraries can afford these prices. While libraries do purchase multiple copies of textbooks, they cannot cater for the entire student population that can ran into hundreds of students enrolled on an individual course.

In addition, the latest editions are not always available to purchase in India. So the absence of course packs would seriously compromise access to education.

“While foreign publishers claim that almost all educational titles have lower priced Indian editions, our empirical research shows this to be false. The vast majority of legal and social science titles that we surveyed had no equivalent Indian editions, and had to be purchased at prices equivalent to or higher than in the West. The lower priced Indian editions were often older and outdated.” - Shamnad Basheer, writing in SpicyIP, one of India’s leading blogs/repositories on intellectual property (IP) and innovation law/policy.

Students, faculty and authors mobilized

The case resonated strongly with the student and academic communities. Two new groups were formed, the Association of Students for Equitable Access to Knowledge (ASEAK) and the Society for Promotion of Equitable Access to Knowledge (SPEAK). Both groups were admitted as interveners in the case in support of the defendants.

Student engagement has continued, increasing awareness among the next generation for fair access to knowledge.

In addition, over three hundred academics from all over the world, including 33 authors whose works were listed in court documents as being included in the course packs, wrote to the three publishers asking them to withdraw the lawsuit. The letter was submitted to the court in pleadings by the defendant.

Copyright jurisprudence advanced

The case has advanced copyright jurisprudence in India.

The making of course packs for educational purposes is allowed by law.

The court’s reasoning in the judgments was based on the socio-economic context of India, the realities of the education system, and the progress afforded by modern technology. These are welcome developments that will enable the law to adapt to new situations and current needs of Indian society.

Timeline

August 2012: Oxford University Press (OUP), Cambridge University Press (CUP) and Taylor & Francis issue legal proceedings against Delhi University and Rameshwari Photocopy Service

October 2012: Interim injunction issued against Rameshwari Photocopy Service restraining sale of course packs.

March 2013: 33 authors of works cited in court documents write to publishers asking them to withdraw the case.

September 2016: judgment issued by Justice Rajiv Sahai Endlaw, Delhi High Court; injunction on Rameshwari Photocopy Service lifted.

October 2016: Publishers file appeal against Justice Endlaw’s decision.

December 2016: Appeal rejected by Delhi High Court Division Bench Justices Pradeep Nandrajog and Yogesh Khanna.

January 2017: Oxford students and academics urge OUP not to appeal to the Supreme Court.

March 2017: Publishers announce their withdrawal from the case.

April 2017: Indian Reprographic Rights Organization (IRRO) (that intervened in the lower case) files appeal to the Supreme Court.

May 2017: IRRO appeal dismissed by the Supreme Court.

For more details visit https://cis-india.org/a2k/blogs/eifl-anubha-sinha-july-12-2017-course-packs-for-education-ruled-legal-in-india

How It Came To Be: Wiki Loves Uniformed Services

Guest blogger: Krishna Chaitanya Velaga — 2017-07-10T04:14:58Z

I'm User: Krishna Chaitanya Velaga from English Wikipedia; fortunately and unfortunately my user name and my real name share the same text. I have been contributing to Wikipedia and its sister projects since December 2014. I work primarily on Indian military history related topics and articles. Initially, I was focused on creating articles rather than assessing them. My wiki journey can be best described in two parts, before and after Train The Trainer 2017.

The latter part of 2016 proved to be a critical period of my Wiki journey. I was credited with my first good article, first featured A-class article and list, first featured list and, several Did You Know credits on English Wikipedia. Later on, I was awarded the “Military history newcomer of the year” for 2016. I was the first Indian to receive the award. Additionally, I was selected to be the “Featured Wikimedian of Month for January 2017” by Wikimedia India.

As of January 2017, I have been contributing for nearly two years, and as far as I have observed the military history topic area of India is one of the most neglected areas. With two well known military historians from India, Srikar Kashyap Pulipaka (User:StrikeEagle) and Colonel Ashwin Baindur [retd.] (User: AshLin) on a semi Wiki break, I was left to be the only regular contributor. In an attempt to encourage more Wikipedians to work on this area, Indian military history work group emerged as an initiative by the Military history project. The work group closing in on a year since its inception, has more than twenty-five members at present. As the founder of the group, I aspire to incubate the group into an independent task force under Military history project. One of the major problems I faced while working on the military history articles was regarding images. Though the images were accepted on Commons, they were rejected at advanced levels of assessment i.e. A-class review, FAC, FLC etc. One of the primary reasons for the problem is the unclear copyright statement presented on the official websites of the armed forces and various uniformed services. I had been thinking for a long while to resolve this issue and TTT provided me with the path to finds a solution for this. Train the Trainer (TTT) is one of the best initiatives by Centre of Internet and Society - Access to Knowledge. It is a three-day residential program to enhance the trainer in experienced and well established Wikipedians through the length and breadth of India. Prior to TTT 2017, I have only been involved in online activities of Wikipedia, predominantly contributing to Indian military history topics. I hardly knew about the offline community of Wikipedia i.e. the grant structure of Wikimedia Foundation, conduction of edit-a-thons, meet-ups, program affiliates etc. Not only this, but also the Wikipedian contacts I had were very sparse. Though I was selected to attend TTT 2016, I could not attend to academic constraints. During TTT, I had rich exposure to the wider Indian Wikimedia community and that of Indic language projects. TTT also cleared many of the misconceptions I had of Wikimedia, some them include the use of Harvard referencing style, importance of offline events, etc.

Owing to the experience I decided to act on the problem. There is a heavy need of images related to the uniformed services. So I discussed my idea with Ravi Shankar Ayyakannu (User:Ravidreams), coordinator of Wiki Loves Food and Manager for Strategic Partnerships in Asia under Global Reach Team. Initially, I thought of naming it Wiki Loves Armed Forces, Wiki Loves Security Services etc. But with an intention to widen the scope, it was named as Wiki Loves Uniformed services. Once finalized, I started creating necessary pages and templates on Commons. Simultaneously, I worked on forming the core team of coordinators and judges. I chose Suyash Dwivedi (User:Suyash.dwivedi) and Mourya Biswas (User:Mouryan) to be the Coordinator and Assistant Coordinator respectively, with myself as the Lead Coordinator. The jury included Col. Ashwin Baindur [retd.], Diego Delso (User:Poco a poco), Col. Ravi Shankar Vasireddy [retd.] (Off-community) and Sirkar Kashyap Pulipaka. After having done these tasks, I moved on to file a detailed rapid grant application to the Wikimedia Foundation. The grants team was very responsive and the grant was approved in a week. This initiative gained good global support including the foundation’s staff, who were happy to see a new Wiki Loves initiative budding. However, till now there aren't as many images as expected. To increase awareness about the program we’ve decided to implement a new strategy of conducting photo walks with government permission. Apart from that we’re also in contact with the Indian Navy to donate their images to the contest. The deadline may extend for about a month or so depending upon the stats. Personally, I see great potential for this project, but the problem is one of Wikipedians' response. I hope this initiative will be a great success and will be taken up by fellow Wikimedians from others countries. I conclude by thanking CIS-A2K for conducting innovative workshops and Wikimedia India for their support to the project since its inception. I also thank each and every unacknowledged finger behind this great initiative.

Krishna Chaitanya Velaga

Lead Coordinator

Wiki Loves Uniformed services (India) 2017

For more details visit https://cis-india.org/a2k/blogs/how-it-came-to-be-wiki-loves-uniformed-services

Christ University Wikipedia Education Program Faculty Orientation Report

Ananth Subray — 2017-08-03T04:45:38Z

Christ University faculty were given an orientation for the upcoming year on the Wikipedia Education Program

Report on Christ University Wikipedia Education Program Faculty Orientation

Participants:

Rathi MT
Shivaprasad
Sebastian K A
Naga Lakshmi
George Joseph

This faculty training aimed to get more involvement of faculty in Wikipedia and teach them how to use the Dashboard tool for evaluation and monitoring of the work done by the students. The following things which are required for the students to complete their assignments weretaught to the faculty during the orientation; so that students' doubts could be immediately resolved by the faculty:

Google forms and sending confirmation emails.
Linking of email to Wikipedia account( helps to recover the password).
Basic editing of Wikipedia and Wikisource.
Enabling of the keyboard if students have disabled in preferences.
Usage of Visual editor.
Usage of referencing tool.
Editing toolbar.
Dashboard tool.

After the orientation, we were discussing the possible events which we can do for the current year and the faculty was interested in doing the following:

Wikipedia Edit-a-thon for the language faculty of different colleges in Karnataka.
Hack-a thon with help of computer science department at Christ University.
Photo walk/Photo contest with the help of media studies Christ University.
WEP review.

For more details visit https://cis-india.org/a2k/blogs/christ-university-wikipedia-education-program-faculty-orientation-report

Plagiarism is rampant in Indian food writing – but finally, bloggers have a way to fight it

praskrishna — 2017-07-06T15:53:46Z

“We have been cheated,” declared the headline of the blog post making the rounds of social media on April 25.

The blogpost by Chanpreet Khurana was published by Scroll.in on July 4, 2017. Sunil Abraham was quoted.

The post, written by Rajkumar Saxena, former head of Mumbai’s Institute of Hotel Management, alleged that passages from his 1997 book on Awadhi cuisine, Dastarkhwan-e-Awadh, had been plagiarised by Sunil Soni, a veteran chef, in his new book titled Jashn-e-Oudh: Romance of the Cuisine.

The blog’s text, like the headline, dripped with hurt and contempt: “Here is a case of… a learned, literate person who has no qualms about unhesitatingly lifting word-by-word the explanations, recipes etc. from [a] book authored by us and claiming it to be his original work…” Images from the two books were embedded to support the allegation. “We need to name and shame such so-called experts through social media. We seek your support…”

The support came almost immediately.

Celebrity chef Ranveer Brar, who had written the foreword for Soni’s book, announced on Facebook that he wanted the author to remove it. Outrage also erupted on the wall of Food Bloggers’ Hall of Shame, a closed Facebook group of 421 members dedicated to fighting plagiarism in food writing and photography in India. “How can people even think that they can get away with such a shameless act of plagiarising?” wrote Anushruti RK.

It was an organic reaction. By blogging about his grievance, Saxena had tapped into the one space that Indian food writers are increasingly using today to redress the alleged plagiarism in food writing – social media.

“As a community, we are now discovering an average of one or two plagiarist websites/aggregators every week,” said Rhea Mitra-Dalal, the administrator of the Food Bloggers’ Hall of Shame, which shares dos and don’ts with members to protect their work. “We’ve had several run-ins with celebrity chefs, big food brands, restaurants, and food businesses, especially on their social media pages, where we have found plagiarised images. Public outcry on those pages has usually worked and we have got the plagiarised content down, but these are episodic and the basic mind-set hasn’t changed: it is fine to plagiarise, just apologise and take it down when caught.”

Cease and desist

Saxena’s blog post was a last resort. He says he had first noticed the alleged plagiarism – “42 recipes, 24 explanatory notes and 12 chapter notes,” according to him – in Jashn-e-Oudh in January, and had informed his publisher HarperCollins India. HarperCollins responded by sending a cease-and-desist notice to Soni, copying his publisher Shubhi Publications, and set three demands: remove the offending material from Jashn-e-Oudh, acknowledge the copyright of the authors of Dastarkhwan-e-Awadh, and pay Rs 5 lakh.

Soni and Sanjay Arya of Shubhi Publications claim they never received this notice.

On April 10, Saxena says he got an email from HarperCollins telling him it will not be pursuing the matter further because “currently HCI has put on hold all litigations due to some business-related issues”. “The copyright is definitely in your favour,” declared the email. “You are free to litigate this matter and file a suit for injunction. As far as shaming the authors/publisher on social media is concerned, as a publisher, we cannot opine on that. It is your personal decision...”

So, a fortnight later, Saxena did just that: he took his complaint to the internet.

Around the same time, he and his co-author Sangeeta Bhatnagar sent a legal notice, through their lawyer, to Soni to cease and desist from further publication and distribution of Jashn-e-Oudh, and demanded Rs 15 lakh in compensation.

This time, they got a seven-page response from Soni’s lawyer.

While denying the accusation of plagiarism, the response from Soni’s lawyer said, “Your clients are liable to show their copyright in the alleged infringed work of our client as no copyright can be claimed in the traditional recipes and their preparation as same will be similar across the globe to get the same taste.” It added that no copyright can be claimed on the subject of Awadhi recipes since it is “a common topic and known and available to the general public at large. All the recipes mentioned in the alleged publication are known in the market”.

Soni also denied the allegation when contacted for comment by Scroll.in.

Looking West

The reply from Soni’s lawyer makes some sound legal points, all of which, according to food bloggers, are reasons why food plagiarism is so hard to prove: a recipe that is a list of ingredients cannot be copyrighted. Nor can a traditional cooking method be seen as the property of any author. Reproducing these, therefore, is not plagiarism.

However, substantial literary and artistic expressions are copyrightable, according to the US Copyright Office, and reproducing these is unlawful. Another suspect action is when a chef’s work is tweaked by changing just one or two ingredients. In 2012, the Food Network in the US cancelled chef Anne Thornton’s TV show Dessert First, because some of her recipes were only mildly different from those created by superchefs like Martha Stewart.

Bloggers like Mitra Dalal lean on these definitions to call their content original. “Most of us have unique styles of writing, and we often include anecdotes and other content to our posts,” she said. “So copy-pastes can often be quite correctly identified.”

Another useful metric, according to Mitra Dalal, are rules set in more mature markets where bloggers have already fought, and won, battles.

“There are international guidelines for this,” she explained. “Loosely put, if every third word is different, the text cannot be deemed plagiarised. Also, you cannot say that an ingredient list is plagiarised.”

Small wins

Mitra Dalal and other food bloggers often fight their battles outside the court of law, which is good and bad. On the plus side, it’s faster and easier for them to control the context – but on the minus side, the wins are relatively small.

In July last year, for instance, 20 food bloggers alleged that the recipe aggregating app The Frying Pan had plagiarised their work. They lawyered up, and got ready for a legal battle.

“The Frying Pan had published our recipes and photographs without proper attribution, and without our consent,” said Deeba Rajpal, one of the 20 complainants. “We were advised that if we sought compensation, it would be a long haul. So, we only asked The Frying Pan to take our content down and never to use our work again without permission.”

The case didn’t go to court. The lawyers met and reached an agreement, according to Rajpal. “The app took our content down. The case never had a proper conclusion – it fizzled out.”

Except on social media, where the Food Bloggers’ Hall of Shame kept the pressure up, slamming The Frying Pan – hard.

Can Google help?

Proving plagiarism in food writing is difficult at any rate, but there are factors that complicate the matter in India, according to Sunil Abraham of The Centre for Internet and Society.

The copyright law here, he says, has inbuilt exceptions and limitations that protect the rights of stakeholders, including entrepreneurs, content creators, consumers, the public who may not pay for the content, and the government.

Many times, copyright holders in India have conceded or withdrawn legal cases because of limitations to the copyright law or the doctrine of fair use, which states that “brief excerpts of copyright material may, under certain circumstances, be quoted verbatim”. Just in February, a handful of publishers took back a lawsuit against a photocopier shop in Delhi University that had been selling study packs with materials reproduced from the publishers’ books.

Abraham said that often there is an economic incentive for plagiarising – take that away, and you fix half the problem.

For bloggers, a major source of income is Google AdSense, a popular program that allows website publishers to display ads on their pages and “earn money when visitors view or click the ads”. The problem is: if the advertiser cares only about page views and not the origin of the content, there is no incentive against plagiarism.

For checking online copyright infringement, Abraham says, the onus should be on multinationals like Google, which host a large number of blogs and web versions of media articles. “Google is constantly indexing the internet,” he said in a phone interview from Bengaluru, so Google knows when a write-up or a photo has been published before.

To be fair, according to the Digital Millennium Copyright Act, Google does entertain requests to remove online posts where a complainant can show copyright infringement. It’s a recourse that Mitra Dalal and some members of her Facebook group have found useful. But Abraham says this is less effective than if Google created hurdles to publishing content it deems plagiarised.

Need for reforms

Where does all this leave Saxena? It’s hard to tell.

Social media has generated awareness about his case, and Saxena has filed a complaint with the Delhi Police under Section 63 of the Indian Copyright Act. He plans to follow it up with a legal case. One thing that has certainly resulted from the episode is the food writing community’s intensified demand for clarity in laws to protect intellectual property.

As Saee Koranne-Khandekar, who blogs at myjhola.in, wrote on Food Bloggers’ Hall of Shame: “What’s amazing is that the original work [by Saxena and Bhatnagar] has gone through three successful editions, is published by a major player, and is written by two prominent names in the industry. One would think theft of content would occur in the case of less lesser known works, but this is pure guts! I hope at least this incident marks the immediate need for reform in our laws.”

For more details visit https://cis-india.org/a2k/news/scroll-july-4-2017-chanpreet-khurana-plagiarism-is-rampant-in-indian-food-writing-but-finally-bloggers-have-a-way-to-fight-it

Christ University Wikipedia Education Program Internship

Manasa Rao and Ananth Subray — 2017-07-05T09:33:19Z

CIS-A2K’s Wikipedia Education Program with Christ University, Bangalore is coming to an end after another year of intense classes, certificate courses and an internship at The Centre for Internet and Society. The internship activity in particular has successfully managed to engage students beyond classroom hours. The selection of 12 students for the internship program was based on their penchant for the language as well as their interest in the wiki world.

The internship was structured into three stages. Firstly, the students were asked to develop stub articles. The aim of this activity was for students to learn searching skills. As a result, over 1500 articles were developed with qualitative work.

Secondly, the students were asked to create new articles from scratch. They searched for the topic on the Wikipedia, ascertained whether the article exists or not and later researched further on the content of the articles. As a result, the students were able to create 1400+ articles

Finally, the students were asked to draft policy pages for their respective language Wikipedia. They went through the policy pages in different languages including English and were asked to create similar policy pages for Kannada Wikipedia.

Unlike previous years, the activities during the internship program were tailored to suit the individual capabilities of the students, taking into consideration the suggestions from community members. The students were of the opinion that in addition to rekindling their love for the language, the internship program also enabled them to develop their overall knowledge of various subjects. The students felt that their vocabulary and typing skills also improved. However, the students were of the opinion that they could have been taken a level or two higher from article writing and introduced to other Wikimedia projects and topics related to the overall movement. The CIS-A2K WEP Program hopes to incorporate these suggestions for the upcoming year while also trying to increase the number of days of the internship in order not to tax the students.

For more details visit https://cis-india.org/a2k/blogs/christ-university-wikipedia-education-program-internship

Second Annual Roundtable on Innovation, Intellectual Property and Competition

praskrishna — 2017-08-08T00:33:51Z

Rohini Lakshane attended the round-table organized by CIIPC, National Law University, Delhi, in Bangalore on July 2, 2017.

The CIIPC conducts the Annual Roundtable on Innovation, Intellectual Property and Competition to offer a forum for members of the academia, policy makers, industry stakeholders and academically minded practitioners to engage on emerging issues at the interface of innovation, intellectual property & competition law and policy. The First Annual Roundtable on Innovation, Intellectual Property and Competition, held last year in New Delhi, was well attended. This time around, we look forward to continuing this dialogue through open and nuanced discussions on the most relevant and contentious issues concerning this area of law and economic policy, with special emphasis on recent developments in India.

Click to see the Agenda

For more details visit https://cis-india.org/a2k/news/second-annual-roundtable-on-innovation-intellectual-property-and-competition

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

Asian Athletics Championships 2017 Edit-a-thon

Sailesh Patnaik & Jnanaranjan Sahu — 2017-08-01T05:23:47Z

Odia Wikipedians, in conjunction with Indian Athletics Federation and Sports and Youth Services collaborated to document the 2017 Asian Athletics Championships. Hundreds of photos were uploaded and new Wikipedia content added to inform the event’s fans.

The Asian Athletics Championships is an intra-continental sports event organized bi-annually since 1973. The 22nd championship was held in July at the Kalinga Stadium in Bhubaneswar, India, where 655 athletes from 41 countries participated in 21 games. The Odia Wikipedia community worked with the event organizers in different ways, to document the event on Wikipedia, by holding edit-a-thons (editing workshops), to improve Wikipedia’s content about the championships and releasing official photos of the event under free Creative Commons licenses.

The original plan was for the Indian city of Ranchi, Jharkhand to host the 2017 athletics, but plans changed 90 days before the event when Bhubaneswar was selected as a venue instead. Preparing the Kalinga Stadium and getting ready for the championships in that short period was a challenge for the organizers. However, the state government of Odisha stepped in to assist, and as part of that freely shared the event website content under Creative Commons licenses.

The local Wikipedia community, along with the WikiTungi project in Bhubaneswar, were invited by R. Vineel Krishna, the State Department’s Director of Sports and Youth Services, to organize an edit-a-thon for the Championships. The scope was to improve Wikipedia’s content about the participating Asian athletes.

Before the event, existing Wikipedia articles provided little information on the biographies and accomplishments of some of the participating athletes. Odia Wikipedians collaborated with the Sports and Youth Services Department of Odisha to bridge the dearth of information.

Edit-a-thon participants gathered at the office of CSM Technologies, an event partner for the championships. Fifteen Wikimedians from Bhubaneswar and Puri WikiTungi, with some CSM staff members and new editors participated in the edit-a-thon.

Kalinga Stadium,, Bhubaneswar/ CC-BY-SA 4.0/ Sailesh Patnaik

The collection includes images of the athletes during their Heats, Semi Finals, Final, and Medal ceremonies of all four days. 127 images are used in 269 pages on Wikipedia in 27 languages, and many articles added their first image from this collection. WikiProject Women in Red used the images in many female athlete articles. The Odia Wikipedia community and the Centre for Internet and Society are also planning to work with the Wikipedia Asian Month competition to use these images to illustrate Wikipedia articles they work on, in their next edition. Victuallers, one of the volunteers of Women in Red project, identified athlete photos from the games website collection and used them to illustrate their articles. He has also created new articles of other participating female athletes.

Arpitha M. of India in action at the 400m hurdles event/ CC-BY-SA 4.0

The event started with a basic Wikipedia orientation session for new participants. There was no Wikipedia article for the championships in Odia language, so participants created it in addition to improving the English Wikipedia article. Along with that, 10 new articles were improved and created on both Odia and English Wikipedia. The 2017 Championships page on the English Wikipedia received over 100,000 views during the championships week.

“Wikipedia has been the one-stop source of knowledge for me,” says Alankar Devta, an edit-a-thon participant. “It has helped me learn a lot and prepare for competitions. This is the first time, I got a chance to take part in any Wikipedia edit-a-thon. Apart from that, the articles about the athletes taking part in this year’s Championships are of great help for the readers who may want to search for the athletes with expectations to find useful information about them.”

Wikimedia community members were offered passes to attend the opening ceremony and take photos. We spent four hours taking photos of the 41 participating teams, athletes and cultural events. All were uploaded to Wikimedia Commons. Nearly 19% of the photos taken at the opening ceremony are used on Wikipedia articles.

A major outcome of the edit-a-thon was releasing the content and images of the championship’s official website under a Creative Commons license. 286 images from the websites were added to Wikimedia Commons, of which 47.2% are used on Wikipedia in several languages.

“I have worked with the Women in Red project since it started,” says Victuallers. “Over the past two years, we have helped raise the percentage [of female biographies on the English Wikipedia] from 15.5 to 17%. One of the things that hold us back, though, is that women are less likely to have images available. It’s, therefore, amazing to find that a major athletic event has released hundreds of images with a CC BY-SA license. Participating athletes are all notable and women are fairly well represented. I have downloaded over 100 pictures and cropped group photos to create portraits. We’ve been tweeting the new articles and pictures on @WikiWomenInRed and trying to encourage all to “one up” the Odisha people. It’s a great success and we need more people to follow suit.”

With such collaborative spirit from the Government institutes, the Odia community is planning to get more content from Odisha under a free license. The community has also partnered with the Bhubaneswar Development Authority, to run a global edit-a-thon named Bhubaneswar Heritage Editathon, for documenting the culture and heritage monuments of the city.

A version of this blog post appears on the Wikimedia Blog, co-authored by Sailesh Patnaik and Jnanaranjan Sahu.

For more details visit https://cis-india.org/a2k/blogs/asian-athletics-championships-2017

Preliminary Findings: Working Requirements for Complex Products under the Indian Patent System

praskrishna — 2017-08-22T13:48:08Z

Prof. Jorge L. Contreras gave a talk on a forthcoming paper "Preliminary Findings: Working Requirements for Complex Products under the Indian Patent System" at the "2nd International Conference on Standardisation, Patents and Competition Issues" held on June 10 and 11, 2017 in New Delhi. The conference was organized by O.P. Jindal Global University.

The paper contains findings a study by Rohini Lakshane of CIS and Prof Jorge Contreras, University of Utah on the Statements of Working (Form 27) of the patents they found for their previous paper "Patents and mobile devices in India: An empirical survey". View the slide deck. See the event website. To read the Research Methodology click here.

For more details visit https://cis-india.org/a2k/news/2nd-international-conference-on-standardisation-patents-and-competition-issues

Thematic Edit-a-thon at Yashawantrao Chavan Institute of Science, Satara

Subodh Kulkarni — 2017-07-11T09:35:13Z

A Marathi Wikipedia edit-a-thon was held at Yashawantrao Chavan Institute of Science, Satara. The aim of the workshop was to edit and improve articles on Marathi Wikipedia under the theme "Environment and Local Biodiveristy". Participants were given an orientation on how to contribute to Wikipedia and other Wikimedia projects. The Yashawantrao Chavan Institute of Science is housed under the Rayat Shikshan Sanstha, a century-old organization with the largest network of schools and colleges across Maharashtra. The management and local environmental group, Drongo, took the initiative to organize this thematic workshop in Satara, an area rich in terms of biodiversity in the Western Ghats. Noted ecologist and scientist Prof. Madhavrao Gadgil addressed the workshop as a resource person along with Prof. V.Y. Deshpande of the Institute. A total of 23 members from various like-minded organizations participated in the workshop.

Image by सुबोध कुलकर्णी/ CC-BY-SA 4.0

For more details visit https://cis-india.org/a2k/thematic-edit-a-thon-at-yashawantrao-chavan-institute-of-science-satara