Centre for Internet and Society

విజ్ఞాన నిధి వికీపీడియా..

praskrishna — 2016-12-20T16:38:48Z

The article about Telugu Wikipedia appeared in Namaste Telangana on December 11, 2016.

సిటీబ్యూరో:ప్రాపంచిక విషయాలను, చారిత్రక ఘట్టాలను, శాస్త్రీయ విషయాలను ప్రపంచానికి చేరువ చేస్తున్న విజ్ఞాన నిధి వికీపీడియా. ఆధునిక సాంకేతిక పద్ధతుల ఆధారంగా ఆన్‌లైన్‌తో ప్రపంచంలోని పలు ఆసక్తికరమైన విషయాలన్నింటనీ ప్రజలందరికీ చేరువ చేసే నేస్తం ఇది. అందరికీ ప్రవేశం, అందరికీ ఉచితంగా అందుబాటులో ఉండే ఈ ఎన్‌సైక్లోపెడియాలో మన చరిత్ర, మన సంస్కృతి మరెన్నో విషయాలను జోడించేందుకు సమాచార సైనికులతో వికీపీడియా డేను పురస్కరించుకొని గోల్డెన్ త్రెషోల్డ్‌లో శనివారం ఓ కార్యశాలను నిర్వహించింది. విజ్ఞాన సమాచారం,భౌగోళిక, చారిత్రక అంశాలు, సాంస్కృతిక విషయాలను వికీపీడియాలో చొప్పించేందుకు చేపట్టాల్సిన కార్యక్రమాలను ఈ కార్యశాలలో చర్చించారు. వికీపీడియాలో అందరూ తమకు తెలిసిన ఆసక్తికరమైన అంశాలపై వ్యాసాలు రాయవచ్చని, ప్రపంచానికి కొత్త విషయాలను పరిచయం చేయవచ్చని ఆంగ్ల వికీపీడియన్ టిటో దత్తా అన్నారు. వికీ ట్రైనర్, ట్రైనర్ ద ట్రైనర్ కార్యక్రమంలో వికీపీడీయన్లు కశ్యప్, ప్రణయ్ పలు సాంకేతిక అంశాలను తెలుగు వికిపీడియన్లకు వివరించారు. చరిత్రకారుడు, కవి కట్టా శ్రీనివాస్ మాట్లాడుతూ గోల్కొండ వంటి పలు చారిత్రక ప్రదేశాల్లో ప్రజలకు తెలియని చారిత్రక, సాంకేతిక ప్రదేశాలు, ఆసక్తికరమైన అంశాలు ఉన్నాయని వాటన్నింటినీ సేకరించి, ప్రపంచానికి చేరవేయాల్సిన అవసరం ఉందన్నారు. ఈ కార్యక్రమాన్ని వికీపీడియన్లు చేపట్టి విజయవంతం చేయాలన్నారు. సీనియర్ జర్నలిస్ట్ బీవీ ప్రసాద్, మౌర్య, మీనా గాయత్రి పాల్గొన్నారు.

Link to the original in Namaste Telangana

For more details visit https://cis-india.org/a2k/news/namaste-telangana-december-11-2016-article-on-wikipedia

వికీపీడియాతో విజ్ఞాన విప్లవం

praskrishna — 2016-12-20T16:36:06Z

The article appeared in Andhra Bhoomi on December 11, 2016.

హైదరాబాద్, డిసెంబర్ 10: అన్ని భారతీయ భాషల్లో వికీపీడియాను అభివృద్ధి చేసేందుకు అవసరమైన శిక్షణ అందిస్తున్నామని వికీ ట్రైనర్, ఆంగ్ల వికీపీడియన్ టిటో దత్తా పేర్కొన్నారు. వికీపీడియాను అభివృద్ధి చేసేందుకు వివిధ కార్యక్రమాల నిర్వహణకు అవసరమైన నాయకత్వ శిక్షణ, వికీపీడియాలో పనికొచ్చే ఉపకరణాల గురించి రెండు రోజుల శిక్షణ కార్యక్రమాన్ని ఆయన శనివారం ప్రారంభించారు. తెలుగు వికీపీడియాను అభివృద్ధి చేయడం ద్వారా తెలుగు భాషాభివృద్ధితో పాటు ప్రపంచవ్యాప్తంగా ఉన్న తెలుగు వారికి తెలుగు విశేషాలు అందించిన వారమవుతామని, దీంతో సరికొత్త విజ్ఞాన విప్లవం వస్తుందని ఆయన పేర్కొన్నారు. వికీపీడియాను అభివృద్ధి చేయడానికి కాలేజీల్లో కార్యశాల, ఫోటోవాక్, ఎడిట్ ఆ థాన్ తదితర కార్యక్రమాలను నిర్వహించవచ్చని చెప్పారు. చరిత్రకారుడు, రచయిత, తెలుగు వికీపీడియన్ కట్టా శ్రీనివాసరావు మాట్లాడుతూ గోల్కొండ వంటి ప్రదేశాల్లో కూడా ప్రజలకు తెలియని చారిత్రక, సాంకేతిక ప్రదేశాలు అంశాలు ఉంటాయని అన్నారు. వాటి ఫోటోలు తీసి వికీమీడియా కామన్స్‌లో చేర్చవచ్చని తెలిపారు. ఈ కార్యక్రమాన్ని సిఐఎస్-ఎ2కె ప్రతినిధి పవన్ సంతోష్, వికీపీడియన్ ప్రణయ్ రాజ్ వంగరి నిర్వహించారు. కార్యక్రమంలో తెలుగు వికీపీడియన్లు కశ్యప్, నాగేశ్వరరావు, మీనా గాయత్రీ, వౌర్య వంటి వారితో పాటు కొత్తగా వికీపీడియాలో చేరిన వారు కూడా పాల్గొన్నారు.

Read the original published by Andhra Bhoomi on December 11, 2016

For more details visit https://cis-india.org/a2k/news/andhra-bhoomi-december-11-2016-article-on-wikipedia

पीजी जूलॉजी विभाग में एक दिवसीय समागम का आयोजन

praskrishna — 2016-12-20T16:32:41Z

रांची विश्वविद्यालय के पीजी जूलॉजी विभाग में शनिवार को इंटरनेट एक्सेस पर आधारित संगोष्ठी ‘ओपनकॉन हुई। कुलपति डॉ रमेश कुमार पांडेय ने इसकी अध्यक्षता की। कार्यक्रम में डीएसडब्ल्यू डॉ सतीश चंद्र गुप्ता, प्रो संजय मिश्रा, प्रो अभिजीत दत्ता और डॉ बीके सिन्हा मौजूद थे। इसका आयोजन ओपन एक्ससेस इंडिया के सहयोग से किया गया। संगोष्ठी में लगभग 60 प्रतिभागियों ने हिस्सा लिया। कुलपति डॉ रमेश कुमार पांडेय समेत कई प्रतिभागियों ने अपना विकीपीडिया अकाउंट पेज भी खोला।

The article was published in the Hindustan on November 12, 2016.

संगोष्ठी में बतौर रिसोर्स पर्सन सेंटर फॉर फ्यूचर एंड सोसायटी, बंगलुरू के टीटो दत्ता, विकीपीडिया से गंगाधर बधानी मौजूद थे। साथ ही, ऑनलाइन विशेषज्ञों के तौर पर इस्लामिक यूनिवर्सिटी लेबनान की जमीला जाबेर व बंगलुरू की लीना और वृषाली प्रतिभागियों से रू-ब-रू हुईं। इंटनेटर एक्सेस से जुड़ी नवीनतम जानकारियों को पाकर प्रतिभागी खासे उत्साहित थे। उन्होंने शोधकार्य और अध्ययन के लिए इसे बहुत उपयोगी बताया। साथ ही, यह मांग भी की इस तरह के आयोजन नियमित अंतराल पर होते रहने चाहिए। संगोष्ठी में ओपन एक्सेस, ओपन एजुकेशन और ओपन डाटा के विभिन्न पहलुओं पर चर्चा हुई। इसमें विद्यार्थियों, शोधार्थियों और शिक्षाविदों को शोध व प्रोजेक्ट के लिए बेहतर स्रोत विकसित करने के तरीके बताए गए।

For more details visit https://cis-india.org/a2k/news/hindustan-november-12-2016-article-1-opencon-conference-held-at-ru

Changing the typographic landscape of a country: one letter at a time

praskrishna — 2016-12-20T16:06:51Z

My interest in designing typefaces in Indian scripts grew out of years of disappointment with the way most Hindi books I came across looked. Apart from a few exceptions, they looked like poor cousins of English books. Whether it was a children’s story book or a novel or magazine, there was usually the same drab typeface.

The blog post by Pooja Saxena was published in Storyweaver on December 1, 2016.

Some letters didn’t look like what we were taught in school, on others the matras (vowel marks) didn’t arch at the right places. Overall, the books and the letters inside them had an air of neglect. They looked old and completely unexciting. When I first learned that designing typefaces was a real job, I thought here was the opportunity to change all that.

Cambay, Devanagari typeface designed by Pooja Saxena for Google Fonts

Changing the typographic landscape of a country as diverse as India is not a one-woman job, but every now and then a project comes by that has the potential to make a small difference. Two years ago, as a result of a conversation with Subhashish Panigrahi, the Access to Knowledge programme at the Centre for Internet and Society commissioned a Ol Chiki typeface family. The Ol Chiki script, about which I knew precious little at the time, is used to write the language Santali, which is spoken by over six million people in India and its neighbouring countries. At the time that we started working on this project, there was no Unicode compliant typeface available in the script, making it impossible for it to be used on computers and cellphones, and online in a consistent and future-proof way. We hoped to change that by designing a small, but useful typeface family (it comes in regular, bold and italics) along with input methods and keyboard layouts that would allow a person to type Ol Chiki text easily.

Guru Gomke, Ol Chiki typeface designed by Pooja Saxena with research inputs from Shubhashish Panigrahi,for the A2K Programme at the Centre for Internet and Society.

This project was especially challenging because not only was Ol Chiki a completely unfamiliar script to me and Subhashish, but there was limited material available for us to consult. While designing a typeface in a script one reads and/or writes, or is at least familiar with, one’s experience with those letters can act as a guide. By writing them and seeing them printed in different fonts, in many people’s handwriting — some good, some bad — and on hand painted signs, one develops an instinct for identifying which parts of a letter make it recognisable. That way we know what parts of the letter can be exaggerated, and what others can be played down without compromising legibility. For an unfamiliar script, this visual vocabulary and the traditionally correct way of writing letters must be learned. Manuscripts, printed documents, handwriting manuals and samples, metal type, linguistic information about the script, feedback from native readers — all form parts of a puzzle that needs to be put together to design a competent typeface.

The story of Ol Chiki script is fascinating. The script is less than a century old, and was devised by Pandit Raghunath Murmu, who wanted to create a script that could accommodate all the features of the Santali language — something that the scripts used to write Santali so far had failed to do. Legend has it that he based the design of the letters on objects commonly found in the everyday environment of the Santals. Even though the script was created between 1920 – 1940, the Santal community has many myths about how it was created. One says that the script came to be at the time when the Earth itself was created, another says that the script was given as a divine gift to a learned man, Pandit Raghunath Murmu. It is after Pandit Raghunath Murmu, who is reverentially called Guru Gomke, that the Ol Chiki typeface that I designed was named. You can find out more about the Ol Chiki typeface and input methods project here.

Custom lettering for the Tamil branding of the Coovum Art Festival, designed by Pooja Saxena

If you’re interested in Indian type design and le ering, consider following the work of these exceptional designers — Noopur Datye, one of the co-founders of type design collective, Ek Type, who has designed custom typefaces TV channels like LifeOK; Kimya Gandhi, who is partner at Mota Italic, and recently designed an inventive Devanagari handwriting font; or Lipi Raval, whose flamboyant Gujarati typeface Mogra is a complete head-turner.

For more details visit https://cis-india.org/a2k/news/story-weaver-december-1-2016-pooja-saxena-changing-the-typographic-landscape-of-a-country

Pranay Raj record in 100 days-100 articles

pavan — 2016-12-19T18:16:03Z

Telugu Theatre scholar Pranay Raj Vangari from Motkur of Yadadri District, Telangana created record by completing a challenge that is famous worldwide in Wikimedia community - "100 Days-100 Articles". Pranay Raj is a theatre scholar and artist who used to travel length and breadth of Telangana & Andhra Pradesh for research and performances.

Even in that situations, he started first article in challenge on September 8th and completed 100 articles in December 16th. Telangana State Language & Cultural department director Mamidi Harikrishna felicitated Pranay Raj after completion on completing 100 Wikidays challenge. Pranay said that two other Telugu Wikipedians completed this challenge successfully before him and he told they inspired him to take this up and complete. Pranay agreed that he faced some difficulties in writing articles in places where network is low. He said that he wouldn't stop with 100 wikidays but would continue challenge for whole day by creating 365 days and also said he would create more Telangana related articles.

For more details visit https://cis-india.org/a2k/blogs/pranay-raj-record-in-100-days-100-articles

వంద రోజులు.. వంద వ్యాసాలు - తెలుగు వికీపీడియాలో మోత్కూరు యువకుని రికార్డు (100 Days...100 Articles: Wikipedian from Motkur created record in Telugu Wikipedia)

pavan — 2016-12-18T15:09:54Z

Pranay Raj Vangari of Motkur Padmashali colony created record in Telugu Wikipedia. "100 Days- 100 Articles" is already going on in many languages worldwide and Pranay Raj took challenge in Telugu Wikipedia, completed it successfully. Pranay is theatre scholor. He started first article in this challenge on september 8 and continued to write articles on every day till December 16 to complete 100 articles. Pranay said that two other Telugu Wikipedians (Pavan and Meena) successfully completed the challenge and explained that he inspired from them to complete it. Telangana state language & cultural department director Mamidi Harikrishna felicitated Pranay in His chamber on this occasion and appreciated for his work.

Clipping of the article in Andhra Jyoti:

For more details visit https://cis-india.org/a2k/blogs/100-days-100-articles-wikipedian-from-motkur-created-record-in-telugu-wikipedia

Wikipedian Pavan Santhosh says Telugu Wikipedians are creating Knowledge revolution (in Telugu)

praskrishna — 2016-12-17T01:35:04Z

Pavan Santhosh said that Telugu Wikipedians are creating a knowledge revolution in Telugu. On Sunday, December 12, 2016, in Golden Threshold, Abids, Telugu Wikipedians celebrated Telugu Wikipedia day. Telugu Wikipedians Pranay Raj and Meena Gayathri who successfully completed 100 Wikidays challenge successfully were given mementos and cut a cake on this occassion.

Clipping of the article that appeared in Andhra Jyoti on December 12, 2016:

For more details visit https://cis-india.org/a2k/news/andhra-jyoti-december-12-2016-telugu-wikipedians-are-creating-knowledge-revolution

Wikipedia is a Newspaper

praskrishna — 2016-12-17T01:27:21Z

Coverage about Mini MWT and TTT first day. News item also explains about Telugu Wikipedia and its growth. Mentioned some of the participants and organizers Pranay, Katta Srinivasa Rao, Kasyap, etc.

Clipping of the article as it appeared in Namaste Telangana on December 11, 2016:

For more details visit https://cis-india.org/a2k/news/namaste-telangana-december-11-2016-wikipedia-is-a-newspaper

7th Emerging Markets Finance Conference

praskrishna — 2016-12-17T00:51:00Z

Anubha Sinha participated as a panelist in the "Intellectual Property, Copyright and Patent Finance" session in Mumbai on December 15, 2016. The event was organized by Finance Research Group in association with Vanderbilt Law School.

Programme Committee

N. Prabhala, Centre For Advanced Financial Research And Learning
Tarun Ramadorai, Imperial College London
Subrata Sarkar, IGIDR
Ajay Shah, National Institute for Public Finance and Policy
Avanidhar Subramanyam, University of California, Los Angeles
Ram Thirumalai, Indian School of Business
Susan Thomas, IGIDR
Pradeep Yadav, University of Oklahoma, Business School
Yesha Yadav, Vanderbilt Law School

For more info and the agenda click here.

For more details visit https://cis-india.org/a2k/news/7th-emerging-markets-finance-conference

Marathi Wikipedia Edit-a-thon in Kolhapur

subodh — 2016-12-16T23:34:10Z

On behalf of CIS-A2K team Subodh Kulkarni conducted a Marathi Wikipedia Edit-a-thon at Shivaji University in Kolhapur on 15 December 2016. The goal of the Wikipedia edit-a-thon was to build resources in the field of Political Science on Marathi Wikipedia and equip its participants with the process of contributing to Wikipedia, and to introduce it as a concept to them.

The workshop was conducted at the Political Science Department of Shivaji University for post graduate and research students and professors. The Head of the Political Science Department, Dr. Prakash Pawar actively took part in all the process. In all 22 new editors began their contribution on Wikipedia. The effort is the first step towards building long term institutional partnership with Shivaji University where many courses are run in Marathi language.

The Department of Mass Communication and the Department of Environment and Science have also evinced interest for conducting edit-a-thons for their students.

Overall the primary goals of the project include:

To introduce Wikipedia as an encyclopedia for research and a concept to new editors.
To Promote Marathi Wikipedia Community & promote the use of regional languages in Wikipedia.
To have an open interaction within the editors, existing as well as new.
To spread the awareness of Wikipedia as a powerful tool.

For more info, read the meta page

For more details visit https://cis-india.org/a2k/blogs/marathi-wikipedia-edit-a-thon-in-kolhapur

25th Session of the WIPO SCP: Statement on Future work

rohini — 2016-12-16T23:01:40Z

Rohini Lakshané, attending the 25th session of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP) held in Geneva from December 12, 2016 to December 15, 2016, made this statement on Agenda Item #12, "Future Work".

Thank you, madam Chair.

On behalf of my organisation, the Centre for Internet and Society, India, I urge future SCPs to include the topics of standards as well as patents in the hardware and software domains. In many developed countries, the mobile phone is the only means of access to the Internet, and in turn, of access to knowledge and information. In a study published this year by CIS, we found that all mobile phone patents in India are owned by non-Indian entities. Like in the case of pharmaceuticals, we believe that a rise in prices should not drive affordable hardware out of the reach of the people. To that effect, I would like to reiterate that the SCP consider including this topic in future meetings.

Thank you, madam Chair.

See the agenda

For more details visit https://cis-india.org/a2k/blogs/25th-session-of-the-wipo-scp-statement-on-future-work

25th Session of the WIPO SCP: Statement on Assessment of Inventive Step

rohini — 2016-12-16T22:27:03Z

Statement emailed by Rohini Lakshané on behalf of the Centre for Internet and Society to the Secretariat for the WIPO Standing Committee for the Law of Patents, Twenty Fifth Session, with reference to agenda item 7, "Sharing session on examples and cases relating to assessment of inventive step including, but not limited to, the topics suggested in document SCP/24/3, paragraph 8.

Based on submissions by various stakeholders, the Indian Patent Office released a new set of guidelines for patent examiners to examine Computer Related Inventions or CRIs, in February 2016. The guidelines, inter alia, introduced a new three-step test, which The Centre for Internet and Society, India, had proposed to the IPO in its submissions. The test determines the applicability of section 3(k) of the Indian Patents Act, which excludes as inventions "a mathematical or business method or a computer program per se or algorithms".

The three-step test places a restriction on the patenting of software. An invention which merely uses or implements a computer programme is not granted patent on the basis of the inventiveness of the computer programme per se. Only if the contribution of the claim lies in both the computer programme as well as hardware, it would be considered for other steps of patentability. All in all, the new guidelines are in compliance with the legislative requirement for patentability of software.

Innovation in electronic hardware as well as in software is cumulative and often involves building upon previous inventions. Various small and medium enterprises in their submissions had requested a strict standard for patentability of software inventions. We hope that the implementation of these guidelines would enable start-ups and small and medium enterprises to innovate without the fear of patent infringement litigation.

Thank you, Madam Chair.

For more details visit https://cis-india.org/a2k/blogs/twenty-fifth-session-of-wipo-scp-statement-on-assessment-of-inventive-step

Writing skills improve with Wikipedia editing

praskrishna — 2016-12-15T02:21:23Z

Pavan Santhosh said that contributing to Wikipedia and working in Wikimedia community improves our leadership qualities and writing skills. In an awareness session conducted about "You can edit Wikipedia" in JKC college, Guntur, Santhosh explained how to create and improve articles about Wikipedia in this program. Principal I.Nageswara Rao presided over this meeting.

For more details visit https://cis-india.org/a2k/news/eenadu-december-3-2016-writing-skills-improve-with-wikipedia-editing

A Shortcut to Freedom

tito — 2017-06-28T09:58:47Z

In our everyday life we need access to knowledge and information, we need books (and magazines, newspapers), movies (and documentaries, animations), music for education and entertainment purposes. Now, a delighting fact is almost everything we need, from a 1965 book to the latest Bollywood movie’s MP3 song, is available on the web. You knock the door, and it opens. Why should we care for free knowledge then? We have a got “a shortcut to freedom”.

Scenario 1
Tamil Nadu Chief Minister Jayalaithaa died on 5 December 2016. Kamlesh, a college student from Chennai wants to post a few photos of the leader on his Facebook wall and page paying his tribute to her. He quickly searches on Google, finds a few photos, and posts on the wall.

Scenario 2
Nilima, a young girl from Mumbai, wants to use a latest Bollywood movie song as her mobile ringtone. She too searches on Google, and quickly finds the movie song with many options such as 64 kbps, 128 kbps, remix, reprise and a few issues such as misleading download buttons, pop-up advertisement windows etc. She selects one and puts it as her mobile ringtone.

Scenario 2a
A few days later, Madhuri, a friend of Nilima finds her mobile ringtone. Madhuri requests Nilima to send a copy of the music piece, and Nilima sends it over her mobile bluetooth.

Scenario 3
Lokesh Sanyal, a school teacher from Darjeeling, West Bengal, needs a book for his studies. He first goes to his local library and also asks his friends, but fails to get a copy of the book. Now, before buying a copy of the book, he thinks to check the world wide web to see if a free PDF copy the book is available, and hurrah!, he gets the book from Torrents or some other site.

We have almost everything we require. . .
If we make a list of our requirements of content such as movies, music, books, magazines, games, softwares, we’ll find almost everything is available on the web. You just need spend some time, (be careful about malicious web pages and downloads) and you will get what you want. It might be the movie released just a week ago, or a book published in 1990. It might a photograph of your favorite actress, or music piece of Amzad Ali Khan. Whatever we want, we get.

. . . but
Let’s ponder upon these questions:

Are you using a Windows operating system in your laptop or computer? Is the copy of the Windows OS original (if you are unsure about it then did you buy a copy of the OS with registration key or installed from a CD or pendrive given by someone freely)?
How many (hundred) times you have downloaded images, videos, music, games from the web without checking or knowing its license details?
Do you know that everytime you are sharing some music or video over your mobile bluetooth, there is a possibility that you are violating some copyright and which might be punishable?

The World Wide Web is not free. You get content, but with those come a large number of restrictions. Knowingly or unknowingly we violate copyright everyday. So what should we do?

Of course we have a shortcut — illegal downloading, piracy, as we know that no one really cares. We can ignore everything and carry on.
Or, there is a second option, join the free and open knowledge movement and try to get more and more content under the free licenses.

One option is easy, needs no hard work, on the other hand the second option is difficult to follow, needs a lot of hard work, although that should be the process. It’s completely upto you that which option would you prefer.

Image credit

Source: WIkimedia Commons, Author: W.carter, License: CC SA 4.0 International

For more details visit https://cis-india.org/a2k/blogs/a-shortcut-to-freedom

The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India

Sunil Abraham and Vidushi Marda — 2016-12-09T15:50:36Z

This is an edited version of part three of a study that considers the International Covenant on Economic, Social and Cultural Rights (ICESCR) through aspects of intellectual property in India, namely, mobile patents, free and open source software, and India's Traditional Knowledge Digital Library. Through these, it demonstrates the potential of the internet in realising ESCRs.

The original report published by GISWatch can be read here. Aditya Singh Chawla, Parvathy Nair, Raji Gururaj and Balaji Subramaniam provided research assistance for this paper during their internships with the Centre for Internet and Society. Click to download the PDF

Introduction

The first problem one encounters in studying traditional knowledge (TK) is the extent and meaning of the term itself. No globally accepted definition of TK exists,^[1] and therefore no clear delineation of its scope. The definition adopted by the World Intellectual Property Organization (WIPO) is that TK is “knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.”⁴ While TK embraces traditional cultural expressions within its ambit, and includes distinctive signs and symbols associated with traditional knowledge,^[2] the scope of this report does not extend to traditional cultural expressions as they necessarily would fall under the purview of copyright law.

Before we frame TK in terms of economic, social and cultural rights (ESCRs), let us understand the phenomenom of biopiracy in a bit more detail using two examples, one connected to the right to food, and the other connected to health. Biopiracy is the use of intellectual property (IP) systems to legitimise control over biological products and processes that were previously used for centuries in non- industrialised cultures.^[3] The case of neem-related patents, through which bio-prospectors attempted to appropriate the royalty arising from a plant whose medicinal value was already in the public domain, is well documented.^[4] Another case worth noting is that of the “Enola bean”, in which Larry Proctor, a United States (US) citizen, purchased a package of Mexican beans of various colours, separated out the yellow ones, and spent three years selectively breeding the plants. He then named his line “Enola” and obtained patent protection for the bean, its plant, its pollen, and the method of producing it.^[5]^[6]

This case is far more worrying than the neem case for two reasons.^[7] First, it was a case that had an immediate and tangible impact on the producers of the commodity in that yellow Mexican beans were exported into the United States before the patent was granted, and the assertion of the patent led to significant reductions in bean exports, representing a quantifiable economic loss for bean farmers.^[8] Second, the patent was allowed to stand for almost a decade, amounting to half the life of a legitimate patent.^[9] This represents an incredibly unjust outcome – an invention (“specifically selected yellow beans”) arising from traditional knowledge in the public domain (since Mexican farmers had been cultivating and exporting these beans) being monopolised by a private entity illegally for almost a decade.

The differences between TK and other forms of IP are the following:

With other forms of IP, property rights are afforded to the innovator or creator, whereas communities own TK.
Other forms of IP are designed as incentive mechanisms for the creation of new property; however, there is no such incentive to create new property with TK.
IP is also time-bound, whereas TK is held in perpetuity from generation to generation.
The invention under IP must also satisfy the requirement for novelty and industrial application, whereas TK does not have these requirements.

Although patent law is not tailored to protect TK, it has been used to prevent misappropriation of TK.

The Traditional Knowledge Digital Library

At the turn of the millennium, an expert group found that roughly 2,000 patents linked to India’s TK in medicine were being granted annually around the world.^[10] This expert group proposed the establishment of the Traditional Knowledge Digital Library (TKDL)¹³in order to reduce biopiracy. The TKDL was envisaged as “a home-grown effort to ensure patent offices around the world do not grant patents for applications founded on India’s wealth of TK that has existed for millennia.”¹⁴ In 2001 India launched the initiative, which digitised its wide repository of TK, with the hope of enabling the protection of this knowledge and preventing its misuse.

The TKDL is a digital knowledge repository of Indian traditional knowledge about medicinal plants and formulations, and practices used in Indian systems of medicine. Its knowledge base is primarily derived from Ayurveda, Unani, Siddha and Yoga. These areas are being documented by collating the information on TK from literature existing in local languages such as Sanskrit, Urdu, Arabic, Persian and Tamil in digitised format. These have been made available in five international languages: English, German, Spanish, French and Japanese. While it is clear that the first three systems of medicine (i.e. Ayurveda, Unani and Siddha) are systems that have a corresponding system of traditional medicines, the framing of Yoga as a system of medicine is unclear as there is no medicine administered to the patient. Increasingly, however, medical procedures are being patented, and the Indian government in August 2015 shortlisted 1,500 yoga asanas to be included in the TKDL to prevent foreign parties from patenting them.^[11] This was in response to several yoga-related patents being applied for^[12] and granted^[13] around the world, notably in the United States.

The TKDL’s appeal lies in the manner in which it approaches attempts to patent TK (the “state of the art”) – it serves to pre-empt the granting of a patent, rather than to contest a patent’s validity after it has been granted. This, it is claimed, reduces the time taken to contest claims from a matter of years to a few weeks.^[14]

Defining the right

The protection of TK can be primarily placed within Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). In order to understand the relationship between TK and Article 15, we must first appreciate that TK is also scientific knowledge. There are two ways in which the right of the TK community can be mapped onto Article 15. First, the Article recognises “the right to take part in cultural life”, and second, “to enjoy the benefits from scientific progress and its applications”. This ensures that communities have the right to continue to operationalise and use TK. Further, Article 15 includes the right “to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production”. However, while this is a universal right, in practice it will only happen when national law recognises the property rights of the community, facilitates protection of these rights, takes legal action against infringements, and provides mechanisms for the collection and distribution of royalties. What might not strike the reader as obvious is that the benefits of protecting the moral and material interests in the world of TK accrue to the community, while in other forms of IP the rights holder is either an individual or corporation.

Article 11 of the ICESCR is also relevant to TK. It recognises the right of everyone to an adequate standard of living, including adequate food, clothing and housing, and to the continuous improvement of living conditions. Article 11 (2) (a) mandates that states parties to the Covenant take measures to “improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources.”^[15] TK is connected to food in multiple ways, such as ecosystem and landscape management, water management, soil conservation, biological control of pests and diseases, ecological agriculture and livestock practices, and plant and animal breeding – and most importantly, with regard to the latter, breeding and preserving varieties of plant and animal species. Suman Sahai, founder of the Gene Campaign,^[16] helps us understand the connection between food security and traditional knowledge. She argues that farmers are a community of women and men who have not only created several thousand breeds of food and cash crops, but also “identified valuable genes and traits in these crops and maintained them over generations through a highly sophisticated system of crossing and selection.”^[17]

There exist a host of international and national norms, both of a general and a specific nature, enunciating the right of indigenous communities to their traditional knowledge. One specific example is the World Health Organization’s approach to Traditional and Complementary Medicine (T&CM). In this, it urges states to “prevent the misappropriation of T&CM by implementing the relevant international instruments in line with the WHO global strategy and plan of action on public health, innovation and intellectual property, adopting or amending national intellectual property legislation, and enacting other defensive protection strategies.”^[18]

India has signed the Convention on Biological

Diversity (CBD), a treaty with 194 parties in total.^[19] The CBD provides for the respect, preservation and maintenance of “knowledge, innovation and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity”, and also for encouraging the wider application of such practices while ensuring that the benefits arising from such utilisation are shared equit ably with the communities in question.^[20] Having signed this convention, India has the duty to protect this knowledge without appropriating it, and the TKDL is a means to protect this right.

Such provisions have been included in India’s Biological Diversity Act,^[21] which was enacted in pursuance of India’s duties under the CBD. Restrictions on the granting of patents for inventions arising from research on biological resources,²⁶ the transfer of biological resources or knowledge,^[22] and the enforcement of equitable benefit sharing^[23] aim to serve as effective legal bars to biopiracy and unauthorised use of traditional knowledge.

Successes of the TKDL

Since the inception of the TKDL, in just under two years, and in Europe alone, India has succeeded in using this resource to bring about the cancellation or withdrawal of 36 applications to patents traditionally known as medicinal formulations.

Between 2001 and 2015, out of a total of 189 pharmaceutical applications which include medicines, therapeutics, etc., 21 were granted while 17 were rejected. An additional 30 were deemed withdrawn and another 31 were abandoned. At the time of writing, 90 have their examination still in progress. Out of the 10 applications under cosmetics, seven are under progress while one each has been accepted, rejected and deemed to be withdrawn. There was only one application under agriculture which was rejected. The domain of food had three applications out of which one was rejected, one deemed to be withdrawn and the last one in progress.^[24]

India and the US had the maximum number of applications at 75 and 43 respectively. Japan and Korea were third and fourth at 16 and 11 respectively. Most of these applications were in progress, with 12 applications from India being rejected and 17 being abandoned. Only five had been granted to India while three were deemed to be withdrawn; 38 of India’s applications and 12 of those from the US are pending. Taiwan and Jordan’s only applications were granted while Spain’s only application was rejected.^[25]

But do digital databases work as a form of IP protection?

While proponents of the database have been vocal in their vision for its application, it has received criticism on several grounds.

First of all, there is a fair amount of disagreement regarding the best possible means through which TK can be protected.^[26] Indeed, existing literature already features catalogues of international law (both “hard” and “soft”), regional norms and domestic legislation that accord protection to TK within the framework of culture.^[27] While some believe that data aggregation and record creation is the best means to tackle biopiracy, others propose different approaches,^[28] such as negotiating access agreements between indigenous communities and bio-prospectors.^[29]

Secondly, the TKDL has also attracted criticism because of its high level of confidentiality. In response to a right to information application, the Council for Scientific and Industrial Research (CSIR) clarified that the TKDL can only be accessed by foreign patent offices.^[30] It is not made available to the Indian Patent Office or to CSIR scientists. As per the same response, the decision to make the TKDL confidential was taken during a cabinet meeting in 2006, but there exists no legal instrument that mandates such confidentiality. TK databases in other countries do not impose access restrictions. The Korean Traditional Knowledge Portal, for example, explicitly states the motivation behind making itself publicly available:

The database is presented on-line through the Korean Traditional Knowledge Portal (KTKP). The reasons for making the database publicly accessible through the KTKP are as follows:

To lay the foundation for international protection of Korean traditional knowledge, thereby preventing unauthorized use of patents inside and outside the country.
To provide an abundance of information on traditional knowledge and related research, thereby expediting the development of related studies and industries.
To provide essential information for patent examinations, thereby enhancing the quality of intellectual property applications for traditional knowledge.^[31]

Similarly, the contents of the China Traditional Medicine Patent Database are also publicly available on the internet.^[32]

Finally, the TKDL has also raised questions of copyright, with claims that it falls foul of the Indian Copyright Act, 1957, since it has digitised works (such as translations or compilations of ancient texts) that are still under copyright without the consent of their authors.³⁸ Responding to the same right to information application discussed above, the CSIR claimed that no consent was required since the traditional knowledge in question was authored many years ago. This is a perplexing position to take, as there is significant skill and labour involved in translating and compiling these ancient texts and putting this knowledge together, which merits copyright protection.^[33]

The need for open knowledge systems

There seems to be no reason to keep a valuable resource such as the TKDL away from the public’s reach, especially considering the fact that the entire project was bankrolled by the Indian taxpayer. Restricting access to the TKDL severely limits the benefit that the general public could derive from this knowledge. Even if one were to accept that there exist compelling reasons to keep the data confidential, it is clear that the TKDL, by its very nature, cannot possibly be invulnerable to breach. Problems of access control are endemic to large databases – it has been postulated that large aggregations of secret data are fundamentally impossible because security must be traded off for ease of access in such situations. Thus, “you cannot construct a database with scale, functionality and security because if you design a large system for ease of access it becomes insecure, while if you make it watertight it becomes impossible to use.”^[34] For this reason, governments have been urged to make use of centralised databases only when absolutely necessary.^[35] If we accept the premise that centralised databases cannot possibly be both accessible and secure, then we must examine whether the TKDL represents a balanced trade-off between accessibility and confidentiality.

There are three changes that are necessary in this regard:

The need to push for open knowledge A system like the TKDL constitutes a mechanism for defensive protection of TK – it seeks to keep TK in the public domain rather than to exclusively put it in the hands of the community that evolved it. This is similar to the Peer-to-Patent^[36] initiative, which ensures that more eyes are involved in following the process: a crowd-sourced approach to preventing inappropriate appropriation.

The need to address legal barriers Primarily, the TKDL’s data seems to be far from infallible, with several reports of mistranslations^[37] and exaggerated claims^[38] made by the CSIR. Apart from this, the most important requirement that the TKDL must fulfil is for its data to meet the legal criteria established for prior art in various jurisdictions. This would entail ensuring that the knowledge is made available with clear evidence of the date of its publication, and the presentation of the knowledge in a manner that clearly establishes that a patent claim is anticipated by the data contained in the library.^[39] Further, the fundamental challenge faced by any defensive protection mechanism is its vulnerability to differing definitions of prior art in various jurisdictions:

European Patent Convention (EPC): The most TKDL-friendly jurisdictions are those such as the EU. The EPC defines prior art as “everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application”.^[40] Thus, innovations detailed in the works indexed by the TKDL would fall within the definition of prior art, and therefore be unpatentable – assuming, of course, that all the works digitised and translated by the database were publicly available. An overwhelming majority of the TKDL’s self-proclaimed “successes” have been achieved in the EU – around 120 of the 180 “successful outcomes” are against European patent applications.^[41]
United States: On the other end of the spectrum is the US definition of prior art. The United States Patent Act provides that a person “shall be entitled to a patent unless (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent.”⁴⁸ This effectively excludes protection for any non-published knowledge outside the US. Further, given the restrictive access to the TKDL, it appears that the database would not fall within the definition of a “printed publication”, since it has never been “published” – merely circulated among patent examiners on conditions of non-disclosure. Thus, it appears that there is no legal basis for the TKDL to be cited as evidence of prior art in the US, or other jurisdictions that have similar definitions of prior art.^[42]

The need to address structural barriers

In choosing to characterise itself as an archive of prior art, the TKDL has placed the burden of enforcing TK assertions upon patent examiners around the world. In doing so, it has pigeonholed itself into a doctrine (namely prior art) that has a tendency to go largely unheard in patent examinations. With studies showing that more experienced patent examiners, typically occupying higher positions in the patent office, are less likely to cite examples of prior art in their examinations,^[43]^[44] and still other evaluations showing that applicants for patents are extremely unlikely to provide and identify prior art surrounding their claims,^[45] it is evident that there are structural imbalances working against the efficacy of the prior art doctrine in preventing illegitimate patent claims. Thus, efforts must be made to counter this imbalance at two levels: first, access to the TKDL must be made as easy as possible; second, the TKDL has to undertake proactive patent monitoring efforts.

Patent monitoring, while an onerous and expensive task, is nevertheless necessary for the success of a defensive system such as the TKDL, especially in those jurisdictions which do not have the legislative framework to enable provisions of the CBD that mandate disclosure of genetic material sources.

Conclusion

For the reasons stated above, the access policy of the TKDL requires significant modification if the database is to reach its true potential for providing accurate, efficient and time-bound protection to TKbased innovations through the use of a centralised database that is wired into a network of interested parties.

TK systems require all the external support they can get in order to protect their mandate. Civil society must engage effectively with the TKDL initiative, encourage the accuracy of its records through research, and stimulate dialogue regarding the key issues discussed in this report. As pointed out by the UN Special Rapporteur on the rights of indigenous people: “Much more needs to be done to understand fully how … treaties and agreements can undermine or reinforce indigenous peoples’ rights and how they shape the trajectories of national economic development plans.”^[46]

[1] Traditional Knowledge, WIPO. www.wipo.int/tk/en/tk 4 Ibid.

[2] WIPO. (2010). List and Brief Technical Explanation of Various Forms in which Traditional Knowledge May be Found. www.wipo.int/ meetings/en/doc_details.jsp?doc_id=147152

[3] Shiva, V. (2001). Protect or Plunder? Understanding Intellectual Property Rights. London: Zed Books.

[4] See, e.g., Horsbrugh Porter, A. (2006, 17 April). Neem: India’s tree of life. BBC. news.bbc.co.uk/2/hi/south_asia/4916044.stm; BBC. (2005, 9 March). India wins landmark patent battle. BBC. news. bbc.co.uk/2/hi/science/nature/4333627.stm; Hoggan, K. (2000, 11 May). Neem tree patent revoked. BBC. news.bbc.co.uk/2/hi/ science/nature/745028.stm

[5] In re POD-NERS, L.L.C., Re-examination No. 90/005,892, US Fed.

Cir. 2009. law.justia.com/cases/federal/appellate-courts/cafc/08-

[6] /08-1492-2011-03-27.html

[7] It is also noteworthy for another reason: it is illustrative of the time and effort required to contest claims after a patent has been granted. Proponents of the TKDL would argue that what took a decade in the Enola bean case could have been achieved in a manner of weeks at the application stage by a patent office equipped with such a database.

[8] Shashikant, S., & Asghedom, A. (2009, 12 August). The ‘Enola Bean’ dispute: patent failure & lessons for developing countries. Third World Network. twn.my/title2/wto.info/2009/ twninfo20090811.htm

[9] Crouch, D. (2009, 10 July). Mexican Yellow Bean Patent Finally Cooked. Patently-O. patentlyo.com/patent/2009/07/mexican yellow-bean-patent-finally-cooked.html

[10] Gupta, V. K. (2011). Protecting Indian Traditional Knowledge from Biopiracy. WIPO. www.wipo.int/export/sites/www/meetings/ en/2011/wipo_tkdl_del_11/pdf/tkdl_gupta.pdf 13 www.tkdl.res.in/tkdl/langdefault/common/Home.asp?GL=Eng 14 Gupta, V. K. (2011). Op. cit.

[11] PTI. (2015, 9 August). Over 1500 yoga asanas shortlisted to thwart patenting by foreign parties. Indian Express. indianexpress.com/ article/india/india-others/over-1500-yoga-asanas-shortlisted-to thwart-patenting-by-foreign-parties

[12] TNN. (2007, 18 May). US patent on yoga? Indian gurus fume. Indian Express. timesofindia.indiatimes.com/india/US-patent-on yoga-Indian-gurus-fume/articleshow/2058285.cms

[13] Lee, T. B. (2013, 13 December). A yoga patent? Here’s why the USPTO approves so many dubious applications. Washington Post. https://www.washingtonpost.com/news/the-switch/ wp/2013/12/13/a-yoga-patent-heres-why-the-uspto-approves-so many-dubious-applications

[14] Press Information Bureau. (2010, 28 April). India Partners with US and UK to Protect Its Traditional Knowledge and Prevent Bio-Piracy. pib.nic.in/newsite/erelease.aspx?relid=61122

[15] www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

[16] genecampaign.org

[17] Sahai, S. (1996). Importance of Indigenous Knowledge in IPR. Economic and Political Weekly, 31(47).

[18] World Health Organization. (2013). WHO Traditional Medicine Strategy 2014-2023. apps.who.int/iris/ bitstream/10665/92455/1/9789241506090_eng.pdf?ua=1

[19] List of Parties, Convention on Biological Diversity. https://www. cbd.int/information/parties.shtml

[20] Article 8(j) of the Convention on Biological Diversity. https://www.

cbd.int/convention/text

[21] nbaindia.org/content/25/19/1/act.html 26 Section 6 of the Biological Diversity Act, 2002.

[22] Section 20 of the Biological Diversity Act, 2002.

[23] Section 21 of the Biological Diversity Act, 2002.

[24] www.tkdl.res.in/tkdl/langdefault/Common/ExaminerReport.

asp?homepage=sub

[25] Ibid.

[26] WIPO. (2010). Op. cit., Annex 2.

[27] See, e.g., Coombe, R. J. (2005). Protecting Traditional

Environmental Knowledge and New Social Movements in the

Americas: Intellectual Property, Human Right, or Claims to an Alternative Form of Sustainable Development? Florida Journal of International Law, 17(1), 115-136.

[28] Swiderska, K. (2006). Banishing the Biopirates: A New Approach to Protecting Traditional Knowledge. International Institute for Environment and Development. pubs.iied.org/pdfs/14537IIED.pdf

[29] Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. (2002). Review of Existing Intellectual Property Protection of Traditional Knowledge. WIPO. www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_3/ wipo_grtkf_ic_3_17-main1.html

[30] Reddy, P. (2012, 29 March). Is the TKDL a ‘confidential database’ and is it compliant with Indian copyright law? SpicyIP. spicyip. com/2012/03/is-tkdl-confidential-database-and-is-it.html

[31] KTKP Introduction, Korean Traditional Knowledge Portal. www. koreantk.com/en/m_about/about_01.jsp?about=1

[32] Brief introduction of China Traditional Medicine (TCM) Patent Database, China TCM Patent Database. 221.122.40.157/tcm_ patent/englishversion/help/help.html 38 Op. cit.

[33] Reddy, P. (2012, 21 April). The need for an ‘independent’ review of the TKDL project. SpicyIP. spicyip.com/2012/04/need-for anindependent-review-of-tkdl.html

[34] Proposed by Ross J. Anderson, this thumb-rule has come to be known as Anderson’s Rule. See: Porter, H. (2009, 10 August). Nine sacked for breaching core ID card database. The Guardian. www. theguardian.com/commentisfree/henryporter/2009/aug/10/ id-card-database-breach

[35] See, e.g., Anderson, R. et. al. (2009). Database State. Joseph Rowntree Reform Trust. www.jrrt.org.uk/sites/jrrt.org.uk/files/

documents/database-state.pdf

[36] www.peertopatent.org

[37] Rathi, M. (2012, 20 April). Guest Post – TKDL: A success – Really?

SpicyIP. spicyip.com/2012/04/guest-post-tkdl-success-really.html

[38] Reddy, P. (2012, 19 March). Guest Post: The Traditional Knowledge Digital Library and the EPO. SpicyIP. spicyip.com/2012/03/guest post-traditional-knowledge.html

[39] Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. (2003). Practical Mechanisms for the Defensive Protection of Traditional Knowledge and Genetic Resources within the Patent System. WIPO. www.wipo. int/edocs/mdocs/tk/en/wipo_grtkf_ic_5/wipo_grtkf_ic_5_6.pdf

[40] Article 54(2) of the Convention on the Grant of European Patents. https://www.epo.org/law-practice/legal-texts/epc.html

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[42] Quinn, G. (2009, 30 November). US Patent Office to Reject Based on Traditional Knowledge. IPWatchdog. www.ipwatchdog.com/2009/11/30/us-patent office-to-reject-based-on-traditional-knowledge/ id=7502

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[46] Human Rights Council. (2014). Report of the Special Rapporteur on the Rights of Indigenous People. unsr.vtaulicorpuz.org/site/index. php/documents/annual-reports/26-annual-report-hrc-2014

For more details visit https://cis-india.org/a2k/blogs/giswatch-december-9-2016-sunil-abraham-and-vidushi-marda-digital-protection-of-traditional-knowledge-questions-raised-by-traditional-knowledge-digital-library-in-india