Centre for Internet and Society

MHRD IPR Chair Series: Information Received from NALSAR

nehaa — 2016-05-15T07:43:20Z

This post provides a factual description about the operation of Ministry of Human Resource Development IPR Chair’s Intellectual Property Education, Research and Public Outreach (IPERPO) scheme in NALSAR.

The author has analysed all the data received under various heads such as income, grants from MHRD, planned and non-planned expenditure, nature and frequency of programmesorganised and the allocation of funds for the same. Throughout the course of observation and presentation of the analysed data, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014.

To collect the information for the given study, an RTI application was filed to the NALSAR University of Law on 09/02/2015 by the Centre for Internet and Society. The reply to RTI application was received on 12/03/2015.

These are the documents received by CIS from NALSAR:

For the response to the RTI application click here
For complete supporting documents click here

Hereinafter, in order to receive any information about NALSAR’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at NALSAR
Reply: NALSAR has submitted the documents required under this track.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the financial year 2013-14 have been submitted by the University.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at NALSAR.
Reply: The University has provided utilisation certificatefor the financial year of 2013-14.
Details of the IPR Chair’s salary under the IPERPO Scheme indicating whether this amount is paid over and above the professional’s usual salary
Reply: The University has submitted all the documents pertaining to the aforementioned query.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document
The Scheme Document of MHRD (http://copyright.gov.in/Documents/scheme.pdf) is a comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, NALSAR undertook following activities:
a. Faculty attendance at WIPO sessions.
b. Publication of IPR Journal
c. Expansion of the IPR section in the loibrary
B. Eligibility
NALSAR is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.
Financial Analysis
The University has provided the utilization certificates for the financial year of 2013-14.
A. Financial year 2013-14

The University received a grant of Rs. 40,00,000 from the Ministry of Human Resource and Development. Further, the unutilized balance of the financial year 2013-13, Rs. 10,02,540 carried over in addition to an interest of Rs. 91,129. The total funds at the University’s disposal amounted to Rs. 50,93,669. The University incurred an expense of Rs. 37,88,349 leaving Rs. 13,05,320 as unspent balance.

B. Expenditure Analysis

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-nalsar

MHRD IPR Chair Series: Information Received from IIT, Kharagpur

nehaa — 2016-05-15T06:19:57Z

The author has analysed all the data received through which, the author seeks to trace the presence of unjustified underutilisation of funds by the aforementioned university as provided by the MHRD during the period of 2013-2014.

To collect the information for the given study, an RTI application was filed to IIT, Kharagpur on 25/11/2014 by the Centre for Internet and Society. The reply to the same was received on 17/12/2014. Following this, a second application was filed on the 10/03/2015 by the Centre for Internet and Society. The reply to RTI application was received on 17/04/2015.

These are the documents received by CIS from IIT, Kharagpur:

For the reply to the first RTI application click here
For the reply to the second RTI application click here
For the documents detailing the proposal for the setting up of IPR chair in IIT, Kharagpur, click here
For the documents detailing the minutes of the meeting regarding the setting up of the IPR chair in IIT, Kharagpur, click here

Hereinafter, in order to receive any information about IIT, Kharagpur’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at IIT, Kharagpur
Reply: IIT, Kharagpur has submitted the documents required under this track.
Documents detailing the release of grants to the MHRD IPR Chairs under the IPERPO Scheme
Reply: Documents pertaining to the year 2006 and 2013 have been submitted by the University.
Documents relating to receipts of utilisation certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO scheme at IIT, Kharagpur.
Reply: The University replied that it has not received any confirmation from the MHRD regarding the mentioned documents.

Comparative Analysis between University Response and the guidelines of MHRD Scheme Document
The Scheme document of MHRD is comprehensive document which consists of guidelines regarding Intellectual Property Education, Research and Public Outreach. It talks about a list of objectives, purposes, conditions and eligibility criteria for a University to ensure in order to implement IPERPO in a truest sense. This document provides the procedural as well as qualifying conditions for an Institute to ensure or fulfil before applying for the MHRD grant. Some of these conditions include maintenance of utilization certificates, audit reports, expenditure statements and event information which would be open to access on demand by MDHR or Comptroller and Auditor General of India.

A. Objectives
In order to fulfil the objectives mentioned in the scheme document, IIT, Kharagpur undertook following activities:
a. Conducting multiple workshops over the years to further the training of teachers as well as at a student level
b. Hosting numerous conclaves on the subject of IPR and their relation to business
c. Providing short term course on training of teachers in the field of IPR
d. Held various symposiums, seminars and conferences for the furtherance of IPR
e. Hosted various interactive platforms regarding IPR
f. Undertook research collaborations in IPR
B. Eligibility
IIT, Kharagpur is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has not provided documents regarding any financial analysis.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-iit-kharagpur

MHRD IPR Chair Series: Information Received from JNU

nehaa — 2016-05-15T03:43:30Z

To collect the information for the given study, an RTI application was filed to the Jawaharlal Nehru University, Delhi on 18/12/2014 by the Centre for Internet and Society. The reply to RTI application was received on 24/02/2015. Subsequently, a second RTI application was filed by the Centre for Internet and Society on 09/02/2015. The University replied to the same on 26/03/2015.

These are the documents received by CIS from JNU:

For the response to the first RTI application click here
For the response to the second RTI application click here
For the report submitted by the University click here

Hereinafter, in order to receive any information about Jawaharlal University’s RTI reply, kindly refer to the above mentioned links. Following are the queries mentioned in the RTI application along with their replies.

Reports on the implementation of the IPERPO scheme of the Ministry of Human Resource Development and the implementation of the MHRD IPR Chair funded under the scheme at JNU.
Reply: The University submitted that there has been a release of Rs. 10,00,000 as a sanctioned amount by the MHRD under the IPERPO scheme. However, the same has not been utilized in any manner to further the objectives of the scheme. The reason is that the University believes this amount to be inadequate and has requested additional funds from the MHRD.

Documents on the release of grants to the MHRD IPR Chairs under the IPERPO scheme at JNU for the year 2013-14.
Reply: The University clubbed the answer to this with the aforementioned query.
Documents relating to receipts of utilization certificates and audited expenditure statements and matters related to all financial sanctions with regard to funds granted to the MHRD IPR Chair established under the IPERPO Scheme for the year 2013-14 at JNU.
Reply: The University has not provided any such documents in relation to the grant received.

Documents regarding all matters related to finance and budget related to the MHRD IPR Chair under the IPERPO scheme 2013-14 established at JNU.
Reply: The University did not submit any documents in this regard and replied that this information may be sought from the concerned Centre/School.

A. Objectives
The University has submitted that there have been no activities undertaken to further the objectives of the IPERPO scheme.

B. Eligibility
Jawaharlal Nehru University, Delhi is recognized by the University Grants Commission. Therefore, it fulfils the eligibility criteria mentioned in the scheme document.

Financial Analysis
The University has not provided any documents on this subject.

For more details visit https://cis-india.org/a2k/blogs/mhrd-ipr-chair-series-information-received-from-jnu

Kannada Wikipedia edit-a-thon organised at Sagara, Karnataka

Ananth Subray — 2016-08-22T10:58:40Z

A two-day-long Kannada Wikipedia edit-a-thon was organised at Sagara, Karnataka during January 26-27. A photowalk was also organised on the 25th to cover places of encyclopedic importance.

The theme of this edit-a-thon was Mechanical Engineering. 12 editors including seven new editors participated in this event. 20 articles were created/improved and four media files were uploaded. This was first of its kinds of edit-a-thon in Sagara and was useful to improve articles related to the field of mechanical engineering in Kannada Wikipedia which otherwise did not much content nor many editors to contribute in this domain. Six full fledged articles were created during the event. It was planned to organise more such events at Sagara in the future to gather people interested in the same subject area and expand the reach of mechanical engineering in Kannada language.

A day before the edit-a-thon, four active Kannada Wikimedians and I went on a photowalk and clicked about 100 images of places that are important and could be used for Wikipedia articles.

For more details visit https://cis-india.org/openness/kannada-wikipedia-editathon-sagara

Wikipedia’s 15th birthday inspires Bangla translators; Odia-language Women’s History Month edit-a-thons

Nahid Sultan and Sailesh Patnaik — 2016-06-09T12:10:15Z

Bangla-language Wikipedians translated about 600 articles for their language’s Wikipedia; Odia-language Wikimedians hosted their second annual Women’s History Month edit-a-thon.

The article was published on Wikimedia Blog on May 9, 2016.

Bangla Wikipedians conduct multi-month edit-a-thon

On 15 January, Wikipedia turned fifteen years old . To celebrate this special day, a good article writing competition was organized on the Bangla Wikipedia by Wikimedia Bangladesh. Bangla Wikipedia has a total article count of over 42,000. Among these, only a handful of articles are rated as “good” articles (English equivalent). In an attempt to enhance the content quality in the Bangla Wikipedia, a competition was organized that aimed to increase the number of good articles. The competition lasted from 1 November 2015 to 10 January 2016. The events received press coverage from around the country, including newspapers like Prothom Alo and The Daily Star.

In this contest, Bangla Wikipedians fully translated about 600 good articles from English Wikipedia. A total of 550 Bengali-speaking registered users from Bangladesh, India, Italy and South Korea participated in this two-month long competition; 130 of them were awarded a Wikipedia Badge, wristband, USB flash drive, and T-shirts by Wikimedia Bangladesh. A reviewing panel of 35 experienced and regular users evaluated the translated articles. Among all the participants of the competition, 86% were new to Wikipedia and contributed for the first time, 14% were frequent editors, and 12% were female.

This contest increased the number of good quality articles in Bangla Wikipedia and, at the same time, engaged a huge number of new users in Wikipedia through this contest. S.M. Monir created the highest number of articles and was awarded the first prize, a bicycle, and a certificate in the 15th year celebration program.

Good article edit-a-thon day was another event in this series of programs. Five edit-a-thons were organized in three different cities in the Dhaka, Sylhet and Chittagong divisions. Like the contest, the aim of the edit-a-thons was to increase the number of good articles on the Bangla Wikipedia. As a result of these edit-a-thons, the number of good articles are increased from 14 to 60. Besides those events, Wikipedia Workshops were held in three different Universities of Bangladesh. On an average, about 50 students attended in each workshop. The main goal of the workshops was to create awareness about Wikimedia projects. Another goal was to introduce Wikipedia (especially Bangla Wikipedia) to the audience and show the attendees how to edit the articles and contribute photographs to Wikimedia Commons.

The series programs ended on 15th January 2016 at Bishwo Shahitto Kendro in Dhaka through the celebration of Wikipedia’s birthday. Noted filmmaker Mostofa Sarwar Farooki was present at the program as a special guest.

Nahid Sultan, Secretary
Wikimedia Bangladesh

Odia-language contributors and the women they are inspired by

Last month, the second Women’s History Month edit-a-thon began on Odia-language Wikimedia sites. With a theme of Women I am inspired by, the event aimed to improve articles on these notable individuals. Twenty articles were created and ten were improved, thanks to the dozens of participants—seven of which were women who went on to found an informal group for female editors on the Odia Wikipedia.

Among the participants, eight were brand-new. We reached out to Rajalaxmi Mishra to talk about their experience. Rajalaxmi is a MCA student who began editing the Odia Wikipedia after a Utkal University workshop. Annie Besant, an article she has been working on since the edit-a-thon (in part thanks to Content Translation), is now among the top ten longest articles on the site, and she has also put in time editing Sudha Chandran.

Rajalaxmi chose these articles because Besant “has always inspired me with her personality. Writing an article on her has helped me learn more from her life story. Chandran’s achievements have also inspired me, as she never let her problem [she lost a leg to gangrene in 1981] be a barrier—she is one of the most famous dancers in India.”

Sailesh Patnaik
Access To Knowledge, Centre for Internet and Society

For more details visit https://cis-india.org/a2k/blogs/wikimedia-blog-may-9-2016-bangla-translations-odia-womens-history

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

nehaa — 2016-05-10T15:23:21Z

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

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

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

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

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

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

Cultural institution AKA GLAM for more OER

praskrishna — 2016-06-09T12:51:46Z

The OER conference was held in Edinburgh, Scotland on April 19 and 20, 2016. Subhashish Panigrahi gave a talk at the event organised by the University of Edinburg.

The vision for the conference was to focus on the value proposition of embedding open culture in the context of institutional strategies for learning, teaching and research. The conference was chaired by Melissa Highton, Director of Learning, Teaching and Web Services at the University of Edinburgh, and Lorna Campbell, OER Liaison at the University of Edinburgh and EDINA Digital Education Manager. The OER 16 conference primarily focused on:

The strategic advantage of open and creating a culture of openness.
Converging and competing cultures of open knowledge, open source, open content, open practice, open data and open access.
Hacking, making and sharing.
The reputational challenges of openwashing.
Openness and public engagement.
Innovative approaches to opening up cultural heritage collections for education.

Subhashish Panigrahi - Cultural Institution aka GLAM for More OER (OER16, 19-20.04.2016) from The Centre for Internet and Society

Resources

For more details visit https://cis-india.org/a2k/news/cultural-institution-aka-glam-for-more-oer

Indian English Wikipedian Nvvchar completes 1500 Did You Know articles

tito — 2017-06-28T10:03:41Z

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

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

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

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

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

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

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

As of 9 May 2016, Nvvchar has 1503 DYKs.

Image source: Wikimedia Commons

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

Tulu Wikipedia Editathon to Improve Quality of Articles in Tulu Wikipedia

praskrishna — 2016-05-07T15:43:42Z

The Centre for Internet & Society's Access to Knowledge team (CIS-A2K) organized a Wikipedia editathon for improving Tulu Wikipedia. Dr. U.B. Pavanaja conducted the sessions.

Dr. Kishore Kumar Rai, Principal of Shri Ramakrishna PU College, who himself is an active Tulu and Kannada Wikipedian provided the lab for this activity. Any Wikipedian (Tulu/Kannada) can walk-in and make use of the lab to edit Wikipedia. He has also procured more than 100 Tulu books from Tulu Sahitya Academy which will be kept there for reference.

Agenda

Improve the quality of articles in Tulu Wikipedia
Increase the length of short articles
Add inter-wiki links
Add references
Add images
Add categories
Improve language

The event will continue in June. More details can be accessed here.

For more details visit https://cis-india.org/a2k/events/tulu-wikipedia-editathon-to-improve-quality-of-articles-in-tulu-wikipedia

Promoting Online Content Through 'Wiki Malayalam'

praskrishna — 2016-05-06T15:35:14Z

Practical sessions on using Wiki Malayalam as a medium to preserve the language and promote digital media were held on Thursday, the final day of the two-day workshop on ‘Wiki Malayalam.’

The article was published by New Indian Express on May 6, 2016.

The event was organised jointly by Swadeshabhimani Media Study Centre in conjuction with Centre for Internet and Society and the Wiki Malayalam Fraternity. The sessions were promising, enriching and a big help for promoting online content through Wiki Malayalam which is still in its infancy, the participants said.

Rahimuddhim Sheik of Centre for Internet and Society, and Manoj Karangimadathil, Wikipedia Fraternity, led the sessions on Wiki technicals. It was followed by an interactive practical session wherein participants learned to be an editor and reporter in Wiki Malayalam. Participants were taught to create articles on sandbox through observation of articles published on Wikipedia.

Various aspects for making Wiki Malayalam presentable such as adding more images to the articles were imparted effectively.

Environmentalist Madhav Gadgil, speaking after inaugurating the two-day workshop,the other day, said, “Authenticity of the information in Wikipedia is often questioned but the discussion page offers the option to point out misleading information and to ensure true information and details.”

The introductory session by Madhav Gadgil incorporated various themes and ideas about the workshop, wikipedia commons, wikipedia projects, and its pillars and principles.

In his session he briefed about how wikipedia gives an in-depth information on particular material on a chronological order and various external references for further extensive reading. As an examples Madhav Gadgil discussed about the Athirapilly Hydroelectric Project in Wikipedia. It sets out a chance for anyone to start a new article on any subject.

For more details visit https://cis-india.org/a2k/news/new-indian-express-may-6-2016-promoting-online-content-through-wiki-malayalam

Spread awareness through Malayalam Wikipedia: Gadgil

praskrishna — 2016-05-05T15:43:59Z

"Contribution of information by people of Rukadi village near Kolhapur to Marathi Wikipedia, by referring to media reports, helped spread the word about mass fish deaths in the region. Similar efforts should be initiated in Kerala so that information about local movements like Plachimada campaign would be available in the public domain," opined environmentalist Madhav Gadgil. He was speaking at the Malayalam Wikipedia workshop hosted by Swadeshabhimani Media Study Centre at Vakkom Moulavi Memorial Hall here on Wednesday.

The article was published in the Times of India on May 5, 2016.

The scientist spoke at length on how the information technology in general and the Wikipedia in particular, could help create awareness among commoners about the harmful effects of environmental degradation. He added that though Malayalam Wikipedia is ahead of other Indian languages in documenting geographical details, the content doesn't stretch beyond official information. He suggested that controversial information too must be documented with reference to media reports.

Fuad Jaleel, volunteer editor of Malayalam Wikipedia, explained Wikipedia policies on notability and reliability. The two-day workshop is organised in association with Centre for Internet and Society (CIS) and Malayalam Wikipedia community. On Wednesday, the event focused on identifying topics for wiki-articles and creating basic village/town data by making use of census. Forty participants attending the workshop will contribute articles to Wikipedia on Thursday. Representatives from CIS Bengaluru and members of Malayalam Wikipedia Community will assist them.

"The intention is to add wiki-articles on environmental issues at panchayat level. Malayalam Wikipedia could be used as a medium for citizen journalism. We will organize more workshops and classes," said Ram Kamal, one of the coordinators of Swadeshabhimani centre. V K Damodaran delivered welcome speech and A Suhair presented vote of thanks in the inaugural session.

For more details visit https://cis-india.org/a2k/news/the-times-of-india-may-5-2016-spread-awareness-through-malayalam-wikipedia

Images and links matter quality

rahim — 2016-06-08T09:54:21Z

Wikipedia articles are considered of a higher quality when they have illustrations. An article without images is considered dull. Wikipedia is all about references. Any information on Wikipedia is encouraged to have verifiable citations. Hence images and external links form a criterion for quality of articles on Wikipedias. This blog post tries to analyse the current scenario of CIS-A2K's Focus language areas with respect to images and links.

If we read through the page on English Wikipedia that talks about why adding images improves the quality of Wikipedia, we realise that writing an article is a very difficult task on Wikipedia as it involves one to generate content in their own words, Wikipedia cannot be a copy paste of some content taken from somewhere. Wikipedia has its own style of writing articles, and when we look at the five basic pillars of Wikipedia and the core content policies, they structure the knowledge that we have to a form that best fits Wikipedia and is proven to be effective to larger masses. At the same time, illustrating an article further improves the comprehensibility of an article on Wikipedia.

This takes us to the next question - If only free licensed images are allowed on Wikipedia, how can we illustrate articles where no image is available under a free license, say you are writing about Doraemon or Godrej and want to add the sketch of the character or logo of the company - they are not allowed on commons. What is the way out then?

Some Wikipedias such as English Wikipedia have allowed Wikipedians to upload images locally on the wiki under fair usage policy. This allows Wikipedians to upload low resolution images or audio or video with a pre-defined small length. IT not only helps enrich the Wikipedia content, it also helps in understanding the copyright implications to larger masses editing Wikipedia.

Animation of the act of unrolling a circle's circumference, illustrating the ratio π. Author : John Reid

There are more than 31 million images/videos/audios/documents on commons, which is the central media repository for all Wikipedias. Commons has a policy to keep only free licensed images.

Why references/citations are so important?

Adding references to articles is important to make Wikipedia's content more accurate and reliable. One of the three core content policies on English Wikipedia which is adopted by most Indian languages is to have "Verifiable" content on Wikipedia. This essentially means, whatever content is added to Wikipedia has to have proper links to citations given. If its a book, an ISBN number is desired. In case of newspapers and websites, URLs with access dates are encouraged to be added. If the newspaper does not have a proper archive, Wayback machine from archive.org can be used to create a permanent accessible URL that in turn can be added to the article.

In order to prove NPOV, one can add the same issue opinionated in 3 or more newspapers or books. Here too, an external link is used to provide the verifiable reference.

So, its safe to say that all articles that have an external link in them may have been properly referenced. A list of such articles is generated and the count of such articles that do not have external links is provided below.

Language	Articles without images	Articles without external links	Deadend Pages
Kannada	6,993	10,839	97
Konkani	1,876	1,351	836
Marathi	12,678	29,064	861
Odia	1,227	3,080	11
Telugu	35,701	19,359	585

The numbers in the above table throw the areas of improvement for the focus language area Wikipedias of CIS-A2K. Especially with respect to adding references to articles where in every Wikipedia, almost as much as 50% of the articles do not have proper references.

Deadend pages are those articles on Wikipedia which do not link to any other page on Wikipedia. In recently changed convention, zero namespace pages on Wikipedia that are not redirect pages are not counted as articles if the fall under Deadend pages. A count of deadend pages is also given in the above table for reference. So, effectively total number of articles in any Wiki = total article count shown on home page + deadend pages.

If these three criterion are improved upon, quality of Wikipedia may also go up.

Of course quality of articles depend upon language, spellings, grammar and several other things. But these are broad methods of improving quality.

For more details visit https://cis-india.org/openness/images-and-links-matter-quality

Shape of IPRs and Agriculture post the WTO Nairobi Ministerial

sinha — 2016-05-05T07:11:16Z

CIS is running a series of meetups focused on intellectual property to bring folks interested in IP law to discuss developments in access to knowledge, climate change, health, trade, etc. At the first meet-up in February, Prof. Biswajit Dhar delivered a short talk on intellectual property rights and agriculture in a post-Nairobi Ministerial world. This post is a summary of his talk.

Extension of abeyance of Non- violation complaints

At the Nairobi Ministerial, members agreed to extend the non-applicability of non-violation complaints for two years. There are two kinds of disputes which can be initiated at the WTO -first, when the partner country does not fulfill a commitment and such a non-implementation is injures the member country, leading to either nullification or impairment. Second, a country may deem itself to be injured even though the partner country has fulfilled its obligations. For instance, despite India's compulsory license grants complying with TRIPS, the US initiated a dispute against India.

Need for greater negotiating muscle and coalition building at multilateral fora

The Convention on Biological Diversity(CBD) came into force in 1993, followed by the TRIPS agreement in 1995. India became a member of the CBD and gained sovereign rights over its diversity. Before CBD, inventions related to diversity were protected by private rights. The turmeric case, and increasing bio-piracy led to introduction of requirement of disclosing the source. India proposed that along with other details, the source of the biological material should be mandatorily disclosed, including any associated traditional knowledge. Subsequent benefits arising out of use of biological resources had to be shared with the country- it was important to acknowledge that the community had nurtured these resources. The coalition in favour of the disclosure requirement was an interesting one because it was between India, Brazil, sometimes South Africa, Andean countries and Pakistan. This was pushed for in WIPO where the need for a treaty was advocated. The consensus around the disclosure requirement was an example of developing countries forming coalitions to make their interests more pronounced.

Further, greater the evidence, better is a country’s case in negotiations. After the Turmeric case, India realised that it needs written and not oral evidence to produce in the US Courts. That realisation led to the creation of a documentation project for traditional knowledge(Traditional Knowledge Library Database). Since the last decade, India has been sharing this database with patent officers. Since 2009, TKDL has also contested patents in various jurisdictions. At the EPO, India contested 94 patents, while in Canada the number is 25. Although there has been some success in US but major success has been in EU only. However, there is a shortage of manpower to work on the challenges, and as a consequence the efforts have largely failed to push the process of the law. Mounting these challenges also proves to be be exorbitantly expensive. There are indeed very few countries which have effectively done this without succumbing to international political pressure- India is one of them. It is possible to use this democratic space wisely to push back the dominant powers.

Trade is imminent and there will be trade. However, if we do not deal with trade effectively, it will spell doom for us. The Transpacific Partnership(TPP) and Nairobi ministerial should serve as a warning for us. The prevalent fear has been that countries in favour of TPP will be multilateralised. India's steps indicate a roll back of its role at the WTO. Once it moves out of the WTO framework and the Doha agenda fails, TPP signatories will begin to exert pressure on WTO. Granted that there is very little window to move forward, nevertheless, India should try using its influence to fight at the WTO with all resources available. WTO has limitations but such organizations are the only bet we have against multilateral organizations. Currently, India is allowing these organizations to be shaped in an undesirable manner. We have not used the WTO truly well enough, and neither have we been able to influence ongoing negotiations. There is, therefore, a need to rethink our strategy. It is time to step up and engage with lawmakers instead of only engaging with bureaucrats.

Negotiating teams at these multilateral fora are of utmost importance, because of their unique position to influence the law making process at the top-down level. In the long term, they are also a cost saving measure (compared to mounting opposition to patents, etc). Unfortunately, India has kept silent as it watches US and its allies taking over ASEAN. Through TPP, rules are changing and the US-led alliance is taking over countries beyond Pacific Rim, by moving into ASEAN. India is in an isolated position right now and needs a group of its own to collaborate and work as a formidable force against US.

India should have seized the opportunity to group with African nations in the India-Africa forum to consolidate its position. Similarly, Latin countries may also be pursued. These regions are important since India's support at the WTO has been on a sharp decline.

Agriculture

India is also under pressure to remove agricultural subsidies. The subsidy regime was crafted by the EU and US to enable them to exempt their subsidies in an exempt list (green box). Further, US cleverly protected its own export credits so that its own subsidies became exempt. In this manner, even subsidies pertaining to export competition are not totally eliminated. However, other countries like India have raised an issue that in these countries, export subsidy is but one part of total subsidies. The latter has come down and this is problematic because countries like India simply must have potential to safeguard against hunger. The public distribution system is essential for this. India has a system of Minimum Support Price(MSP) and input subsidy. On the other hand, US provides direct income support, arguing that markets should be as close to their pristine form as possible. And input subsidy and MSP do not reconcile with this. According to them, income transfers are better because that does not manipulate prices.

In US and EU, the irony is that, they have farm policies. US has had a farm bill every 4 years since 1933, and EU has a common agricultural policy. India does not have any such policy. The US and EU inform their producers their about expected subsidies for the next 4 years, enabling the producers to plan in advance. In this case, income transfer can work. Therefore, the farmers can take higher risks and can manipulate prices. Their farm rate price is well below the economic cost and international price since they have protection because of the income transfer. The international price is supposed to be efficient (in almost 3 decades, international prices have been same). Since their prices are below international prices, they can dump in the international market. On the other hand, nobody else can enter the US market. Ironically, this income support, which affects international trade so unfairly, is kept out of the scope of WTO deliberations - no questions asked. Further, while the US Farm Bill expenditure has gone up, in contrast, India has a limit on subsidy. Food subsidy is counted in the 10% limit prescribed by the WTO.

The situation is can be summarised as, thus: US's activities eventually escape the WTO, while Indian programmes fall within the scope, more than the usual. Before the Food Security Act, the below poverty line population were the only beneficiaries. And now, the Act benefits two-thirds of the population. As a result, quantum of subsidized food has gone up. If the government decides to give income transfers (instead of subsidies), in order for it to be successful, the tiller has to be the owner of the land, which is problematic in India. Although people want to follow direct benefit transfer for agriculture as well, the question remains that how many workers will actually benefit from it.

It is evident that agriculture is suffering- Mint recently reported on how India is becoming an agro importer. Sugar output has suffered. India might import sugar next year along with pulses, wheat. Productivity is going down. This is will make way for support for genetically modified crops-- which is again what the US wants. If the WTO gets populated by TPP signatories, India cannot continue with providing subsidies because TPP eliminates agricultural subsidies. The only relevant factors are market entry and tariff. This could be agriculture’s deathbed.

Negotiations on agricultural issues have not been effective because of divisions within it. Fragmentations have caused a lack of unity - even a bare common minimum position does not exist. Further, US and allies have used diversionary tactics such as repeatedly asking for evidence, not bringing anything concrete to the table, etc. When the process is frustrated frequently, activist movements also die down.

Loss of bargaining power has led to fatigue within various activist groups in the country. On the other hand, corporations continue prospering. India had put up a strong fight for TRIPS flexibilities, but today elements like TPP are destroying balanced regimes across the world.

Thanks to our intern Aniruddha Majumdar for his assistance on this post.

For more details visit https://cis-india.org/a2k/blogs/shape-of-ip-and-agriculture-post-the-wto-nairobi-ministerial

Comments on Department of Industrial Policy and Promotion Discussion Paper on Standard Essential Patents and their Availability on Frand Terms

Anubha Sinha, Nehaa Chaudhari and Rohini Lakshane — 2016-05-03T02:30:15Z

The Centre for Internet & Society gave its comments to the Department of Industrial Policy and Promotion. The comments were prepared by Anubha Sinha, Nehaa Chaudhari and Rohini Lakshané.

Download the PDF To access other submissions to the DIPP Discussion Paper on SEP and FRAND, please click here

Authors

I. PRELIMINARY

1. This submission presents comments by the Centre for Internet and Society, India ("CIS") on the Discussion Paper on Standard Essential Patents and their Availability on FRAND Terms (dated 01 March, 2016), released by the Department of Industrial Policy and Promotion ("the DIPP"), Ministry of Commerce and Industry, Government of India (" the discussion paper/ discussion paper").

2. CIS commends the DIPP for its efforts at seeking inputs from various stakeholders on this important and timely issue. CIS is thankful for the opportunity to put forth its views.

3. This submission is divided into three main parts. The first part, 'Preliminary', introduces the document; the second part, 'About CIS', is an overview of the organization; and, the third part, 'Submissions on the Issues', answers the questions raised in the discussion paper. A list of annexures and their URLs is included at the end of the document.

II. ABOUT CIS

4. 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 diverse abilities, 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, freedom of speech and expression, intermediary liability, digital privacy, and cyber-security.

5. CIS values the fundamental principles of justice, equality, freedom and economic development. This submission is consistent with CIS' commitment to these values, the safeguarding of general public interest and the protection of India's national interest at the international level. Accordingly, the comments in this submission aim to further these principles. In addition, the comments are in line with the aims of the Make in India and Digital India initiatives of the Government of India.

III. SUBMISSION ON THE ISSUES FOR RESOLUTION

6. The following sections provide CIS' views and recommendations on the issues enumerated in section 11 of the discussion paper:

a) Whether the existing provisions in the various IPR-related legislations, especially the Patents Act, 1970 and antitrust legislations, are adequate to address the issues related to SEPs and their availability on FRAND terms? If not, then can these issues be addressed through appropriate amendments to such IPR-related legislations? If so, what changes should be affected?

A.1. The issues related to Standard Essential Patents ("SEPs") and their licensing on a fair, reasonable and non-discriminatory ("FRAND") basis lie at the intersection of intellectual property ("IP") law and competition law . As such, in India, the Patents Act, 1970 ("the Patents Act") and, the Competition Act, 2002 ("the Competition Act") are the relevant legislations to be studied. These have been recently discussed, most recently, by Justice Bakhru in his comprehensive order inTelefonaktiebolaget LM Ericsson (Publ) v. Competition Commission of India and Another.

A.2. It is our submission that at the moment, amendments to the Patents Act and the Competition Act may not be preferred. As Justice Bakhru has noted in the aforesaid decision, there is no conflict between the remedies in the Patents Act and in the Competition Act, and, the pursuit of rights and remedies under one of these legislations does not bar a party from pursuing rights and remedies in the other. Further, under both legislations, there are scenarios for the respective authorities - the Controller General of Patents, Designs and Trademarks ("the Controller") and the Competition Commission of India (" the CCI") for the Patents Act and for the Competition Act respectively - to seek inputs from each other.

A.3. We also note that the CCI is a fairly nascent regulator; one whose jurisdiction is not yet a settled matter of law. While the judgment in the Ericsson-CCI case is indeed a good beginning, we do not believe that the matter has been conclusively decided. Accordingly, given the complex legal questions involved, over not just the interpretation of the Patents Act and the Competition Act, but also constitutional issues around the jurisdiction of regulators and the power of judicial review of the courts, we believe that it would be prudent to examine the ruling of the courts on these issues in some detail, before considering amendments.

A.4. In addition, we are of the opinion that our IP law, and, our competition law, fully honor our international commitments, including the requirements under the TRIPS Agreement. As such, we would urge the Government of India to not enter into free trade agreements including, inter alia, the Regional Comprehensive Economic Partnership, that threaten our use of TRIPS flexibilities, and, impose 'TRIPS-plus' obligations.

A.5. We also urge the Government of India to adopt a balanced National IPR Policy, and, a National Competition Policy, both of which has been in abeyance for a considerable amount of time. We believe that these policies are crucial to realize the objectives of the Make in India and Digital India initiatives. At the same time, we submit that these policies be balanced, taking into account the interests of all stakeholders, developed through an extensive consultative process, and, suitably modified based on feedback.

b) What should be the IPR policy of Indian Standard Setting Organizations in developing Standards for Telecommunication sector and other sectors in India where Standard Essential Patents are used?

B.1. The discussion paper identifies four Standard Setting Organizations ("SSOs") in India, namely, the Telecom Standards Development Society of India ("TSDSI"), the Telecommunication Engineering Center ("TEC"), the Bureau of Indian Standards (" BIS"), the Global ICT Standardization Forum for India ("GISFI"), and, the Development Organization of Standards for Telecommunications in India ("DOSTI"). Comments on each of their policies have been made in the following paragraphs.

B.2. The BIS does not have an intellectual property rights ("IPR") policy of its own. The BIS Act, 2016 does not include one either. As the discussion paper notes, the BIS refers to the IPR policies of the relevant international SSO in the context of technology implemented in India, that is the same or equivalent to the ones developed or maintained by the respective SSOs.We recommend that BIS adopt an IPR policy at the earliest, factoring in India specific requirements differences: a large and exponentially growing mobile device market makes it possible for manufacturers, patent owners and implementers alike to achieve financial gains even with a low margin ("India specific requirements"). In addition, our comments on the IPR policy of the TSDSI in paragraph B.4. of this submission (below), may also be considered for the content of the BIS' future policy on IPR.

B.3 . According to the discussion paper, the TEC considers the IPR policies of the International Telecommunication Union. We recommend that like the BIS, the TEC also adopt its own IPR policy, factoring in the India specific requirements detailed above. In addition, our comments on the IPR policy of the TSDSI in paragraph B.4. of this submission (below), may also be considered for the content of the BIS' future policy on IPR.

B.4. The TSDSI, a relatively new standards body, has defined an IPR policy . In respect of this policy, the following observations are presented. First, this policy notes that IPR owners should be adequately and fairly rewarded.Second, it requires members to disclose essential IPRs in a "timely fashion." Third, as per its policy, the TSDSI can request the owner of an essential IPR to undertake, within three months, to license it irrevocably on FRAND terms. At the same time, the policy also states that the (aforesaid) ask may be subject to the condition that licensees agree to reciprocate. Should such an undertaking not be forthcoming, the TSDSI may suspend work on the standard or technical specification in question, or, adopt another course of action. Fourth, the policy identifies two scenarios for the non availability of licences prior to publication, based on the existence, or, the lack thereof, of alternative technologies. In the event of a lack of alternative technology, the policy requires a member to disclose in writing its reasons for not licensing its patents. Following this, it is submitted that there is no clarity on the concrete steps that the TSDSI would adopt in case the efforts to convince a member to license their essential IPRs, fail. The policy only states that "the TSDSI shall take further action as deemed fit." The same is also true where the IPR owner is not a member of the TSDSI. Fifth, the policy also envisages a scenario of non-availability post publication. The procedure for dealing with this is akin to the one detailed above, with the TSDSI asking for a written explanation, considering further action, including the possible withdrawal of the standard or technical specification in question. Sixth, it is observed that the policy does not require a commitment from its members to refrain from seeking injunctive relief. Seventh, it is accordingly recommended that the policy be suitably modified (a) to include India specific requirements discussed above; (b) to require a commitment from its members, that they refrain from seeking injunctive relief; (c) to delete the condition where FRAND negotiations may be subject to a condition of reciprocity; (d) to identify in detail the procedure to be followed in case of patent 'hold-ups' and patent 'hold-outs'; (e) to identify in detail the procedure to be followed in case of refusal to license by TSDSI members, and, non-members, both; and, (f) to include a detailed process on the declassification of a standard or technical specification.

B.5. The IPR policy of GISFI, is substantially similar to the IPR policy of the TSDSI, discussed in paragraph B.4. of this submission (above). Inter alia, GISFI's IPR policy also does not indicate the specific steps to be taken in case an IPR owner refuses to license essential IPRs for which no alternative technology is available. This is true in the cases both, where the refusal is by a member, and, by a non-member. Our recommendations on the IPR policy of the TSDSI in paragraph B.4. of this submission (above), may also be considered for the GISFI's IPR policy.

B.6. According to the discussion paper, the IPR policy of the DOSTI resembles that of the GIFSI. It is submitted that these policies are similar in the context of refusal to license by a member or non-member, and, like the TSDSI and the GISFI, the DOSTI also requires the patent holder to license its IPR irrevocably on FRAND terms. Accordingly, we reiterate our comments on the IPR policy of the TSDSI in paragraph B.4. of this submission (above). The aforesaid recommendations may also be considered to be relevant for the DOSTI's IPR policy.

B.7. We are also of the opinion that it would be useful for Indian SSOs to consider recommending the use of royalty-free licenses for IPRs. Illustratively, the World Wide Web Consortium ("W3C") and the Open Mobile Alliance ("OMA") encourage royalty-free licensing.

c) Whether there is a need for prescribing guidelines on working and operation of Standard Setting Organizations by Government of India? If so, what all areas of working of SSOs should they cover?

C.1. In our opinion, in a milieu where instances of SEP litigation are becoming increasingly complex, and, there is a tangible threat of the abuse of the FRAND process, it might be useful for the Government of India to make suggestions on the working of Indian SSOs.

C.2. It is suggested that the Government of India develop Model Guidelines that may be adopted by Indian SSOs, taking into account India specific requirements, including the ones detailed in paragraph B.2. of this submission (above). We believe that this measure will also enable the fulfilment of the objectives of the Make in India and Digital India initiatives.

C.3. We recommend that various stakeholders, including IP holders, potential licensees and users of IP, civil society organizations, academics, and, government bodies, including the the Indian Patent Office ("IPO"), the Department of Telecommunications, the DIPP, TRAI, and, the CCI be consulted in the creation of these Model Guidelines.

C.4. In our opinion, the Model Guidelines may cover (a) the composition of the SSO; (b) the process of admitting members; (c) the process of the determination of a standard or technical specification; (d) the process of declassification of a standard or technical specification; (e) the IPR Policy; (f) resolution of disputes; (g) applicable law.

d) Whether there is a need for prescribing guidelines on setting or fixing the royalties in respect of Standard Essential Patents and defining FRAND terms by Government of India? If not, which would be appropriate authority to issue the guidelines and what could be the possible FRAND terms?

D.1. In light of the inadequacies in the IPR policies (discussed above) of various SSOs in India, as well the the spate of ongoing patent infringement lawsuits around mobile technologies, we recommend that the Government of India intervene in the setting of royalties and FRAND terms.

D.2. We propose that the Government of India initiate the formation of a patent pool of critical mobile technologies and apply a compulsory license with a five per cent royalty. Further details of this proposal have been enumerated in answer to question 'f' of the discussion paper (below).

D.3. Our motivations for this proposal are many-fold. In our opinion, it is near-impossible for potential licensees to avoid inadvertent patent infringement. As a part of our ongoing research on technical standards applicable to mobile phones sold in India, we have found nearly 300 standards so far . It is submitted that carrying out patent searches for all the standards would be extremely expensive for potential licensees. Further, even if such searches were to be carried out, different patent owners, SSOs and potential licensees disagree on valuation, essentiality, enforceability, validity, and coverage of patents. In addition, some patent owners are non-practising entities ("NPEs") and may not be members of SSOs. The patents held by them are not likely to be disclosed. More importantly, home-grown manufacturers that have no patents to leverage and may be new entrants in the market would be especially disadvantaged by such a scenario. Budget phone manufacturers, standing to incur losses either as a result of heavy licensing fees, or, potential litigation, may close down. Alternatively, they may pass on their losses to consumers, driving the now-affordable phones out of their financial reach. With the objectives of Make in India and Digital India in sight, it is essential that Indian consumers continue to have access to devices within their purchasing power.

e) On what basis should the royalty rates in SEPs be decided? Should it be based on Smallest Saleable Patent Practicing Component (SSPPC), or on the net price of the Downstream Product, or some other criterion?

E.1. It is our submission that royalty rates for SEPs should be based on the smallest saleable patent practising component ("SSPPC"). Most modern telecommunication and IT devices are complex with numerous technologies working in tandem. Different studies indicate that the number of patents in the US applicable to smartphones is between 200,000 and 250,000. A comprehensive patent landscape of mobile device technologies conducted by CIS reveals that nearly 4,000 patents are applicable to mobile phones sold in India. It is thus extremely difficult to quantify the exact extent of interaction and interdependence between technologies in any device, in such a way that the exact contribution of the patented technology to the entire device can be determined.

E.2. The net cost of the device is almost always several times that of the chipset that implements the patented technology. Armstrong et al have found that the cost of a 4G baseband chip costs up to $20 including royalties in a hypothetical $400 phone sold in the US. One of the litigating parties in the ongoing patent infringement lawsuits in India has stated that one of the reasons for preferring to leverage its patents as downstream as possible in the value chain is that it will earn the company more royalties . In instances where patent exhaustion occurs much earlier in the value chain, such as in the case of the company's cross-licenses with Qualcomm (another company that owns patents to chip technologies), the company does not try to obtain royalties from the selling prices of devices for the cross-licensed technologies. It is submitted that such market practices could be detrimental to the government's objectives such as providing a mobile handset to every Indian by 2020 as a part of the Digital India programme . It is also worth noting in this context that the mobile device is the first and only medium of access to the Internet and telecom services for a large number of Indians, and, consequently, the only gateway to access to knowledge, information and critical services, including banking.

E.3. The discussion paper notes that J. Gregory Sidak, having studied the proceedings before the Delhi High Court, approved of the manner in which the court determined royalties. In his paper, Sidak(2015) notes that in determining royalties, the court relied, inter alia, on the decision of CSIRO v.Cisco ("the CSIRO case"), a 2015 decision of the US Court of Appeals for the Federal Circuit. 2015. We humbly disagree with the opinion of the Delhi High Court on the manner of determining royalties, and, with Sidak's approval of the same.

E.4. It is our submission that the CSIRO case relied on a previous judgment, which we disagree with. The decision, a 2014 district court judgment, analogises the determination of royalties on SEPs to the determination of royalties on a copyrighted book. The court notes, "[b]asing a royalty solely on chip price is like valuing a copyrighted book based only on the costs of the binding, paper, and ink needed to actually produce the physical product. While such a calculation captures the cost of the physical product, it provides no indication of its actual value." In our opinion, this analogy is flawed. While a book is a distinct product as a whole, a mobile phone is a sum-total of its parts. If at all, a mobile phone could be compared with a book with several authors, as multiple technologies belonging to several patent holders are implemented in it. This judgement bases valuation for one set of technologies on the whole device, thus awarding compensation to the licensor even for those technologies implemented in the device that are not related to the licensed technologies. In our opinion, charging royalty on the net selling price of a device for one technology or one set of technologies is thus more like a referral scheme and less like actual compensation for the value added. Accordingly, royalties must be charged on the SSPPC principle.

f) Whether total payment of royalty in case of various SEPs used in one product should be capped? If so, then should this limit be fixed by Government of India or some other statutory body or left to be decided among the parties?

F.1. CIS has proposed a compulsory licensing fee of five per cent on a patent pool of critical mobile technologies. The rationale for this figure is the royalty cap imposed by India in the early 1990s.

F.2. As part of regulating foreign technology agreements, the (former) Department of Industrial Development (later merged with the DIPP) capped royalty rates in the early 1990s. Payment of royalties was capped at either a lump sum payment of $2 million, or, 5 percent on the royalty rates charged for domestic sale, and, 8 percent for export of goods pertaining to "high priority industries". Royalties higher than 5 percent or 8 percent, as the case may be, required securing approval from the government.

F.3. While the early 1990s (specifically, 1991) was too early for the mobile device manufacturing industry to be listed among high priority industries, the public announcement by the government covered computer software, consumer electronics, and electrical and electronic appliances for home use. The cap on royalty rates was lifted by the DIPP in 2009.

F.4. It is submitted in the case of mobile device technology, we are witnessing a situation similar to that of the 1990s. In this sphere, most of the patent holders are multinational corporations which results in large royalty amounts leaving India. At the same time, in our opinion, litigation over patent infringement in India has limited the manufacture and sale of mobile devices of homegrown brands.

F.5. We believe that the aforementioned developments are detrimental to the Make in India and Digital India initiatives of the Government of India, and, the government's aim of encouraging local manufacturing, facilitating indigenous innovation, as well as strengthening India's intellectual property regime. It is our submission, therefore, that the payment of royalties on SEPs be capped.

F.6. We submit that such a measure is particularly important, given the nature of SEP litigation in India. While SEP litigation in India is indeed comparable to international SEP litigation on broader issues raised, specifically competition law concerns, but differs crucially where the parties are concerned. International SEP litigation is largely between multinational corporations with substantial patent portfolios, capable of engaging in long drawn out litigations, or engaging in other strategies including setting off against each other's patent portfolios. Dynamics in the Indian market differ - with a larger SEP holder litigating against smaller manufacturers, many of whom are indigenous, home-grown.

F.7. In June, 2013, we had recommended to the erstwhile Hon'ble Minister for Human Resource Development that a patent pool of essential technologies be established, with the compulsory licensing mechanism. Subsequently, in February, 2015, we reiterated this request to the Hon'ble Prime Minister. We propose that the Government of India initiate the formation of a patent pool of critical mobile technologies and mandate a five percent compulsory license. As we have stated in our request to the Hon'ble Prime Minister, we believe that such a pool would "possibly avert patent disputes by ensuring that the owners' rights are not infringed on, that budget manufacturers are not put out of business owing to patent feuds, and that consumers continue to get access to inexpensive mobile devices. Several countries including the United States issue compulsory licenses on patents in the pharmaceutical, medical, defence, software, and engineering domains for reasons of public policy, or to thwart or correct anti-competitive practices."

F.8. We believe that such a measure is not in breach of our international obligations under the TRIPS Agreement.

g) Whether the practice of Non-Disclosure Agreements (NDA) leads to misuse of dominant position and is against the FRAND terms?

G.1. The issue of Non Disclosure Agreements ("NDAs") in SEP/FRAND litigation is a contentious one. Patent holders argue that they are essential to the license negotiation process to protect confidential information, whereas potential licensees submit that NDAs result in the imposition of onerous conditions.

G.2. In India's SEP litigation, the use of NDAs has been raised as an issue in at least two cases - separately by Intex and by iBall , in their cases against Ericsson. Intex and iBall have both claimed that the NDAs that Ericsson asked them to sign were onerous, and favoured Ericsson.

G.3. According to Intex, the NDA in question would result in high legal costs for Intex, and, would render it unable to disclose crucial information to its vendors (who had agreed to supply to Intex on the condition that Intex was not infringing on any patents).

G.4. According to iBall, the parties had agreed to enter a global patent license agreement ("GPLA") but Ericsson insisted on an NDA. Upon receiving the terms of the NDA, iBall claimed before the CCI that Ericsson's refusal to identify the allegedly infringed SEPs; the threat of patent infringement proceedings; the attempt to coax iBall to enter into a "one-sided and onerous NDA"; the tying and bundling patents irrelevant to iBall's products by way of a GPLA; demanding unreasonably high royalties by way of a certain percentage value of handset as opposed to the cost of actual patented technology used all constituted abuse of Ericsson's dominant position under Section 4 of the Competition Act.

G.5. In India, the law on misuse (abuse) of dominant position by an 'enterprise' is found primarily in Section 4 of the Competition Act (read with Section 2(h) of the Competition Act, which defines 'enterprise'). In its recent decision in the Ericsson-CCI case , the Delhi High Court has found Ericsson to be an 'enterprise' for the purposes of the Competition Act, and hence subject to an inquiry under Section 4 of the same legislation. In the same decision, the court has also recognised the jurisdiction of the CCI to examine Ericsson's conduct for abuse of behaviour, based on complaints by Micromax and Intex. The use of NDAs is one of the grounds on which the parties have complained to the CCI.

G.6. Pending a final determination by the CCI (and subsequent appeals), it would be premature to make an absolute claim on whether the use of NDAs results in an abuse of dominant position in all instances. However, the following submissions are made: First, the determination of misuse/abuse of dominant position is influenced by a number of factors , i.e., such a determination should be made on a case to case basis. Second, the market regulator, the CCI, is best situated to determine (a) abuse of dominance, and (b) whether the use of NDAs by an enterprise constitutes an abuse of its dominance. Third, the question of whether the use of NDAs constitutes misuse of dominance needs to be addressed in two parts - (a) whether the use of the NDA itself is abusive, irrespective of its terms and, (b) whether the use of certain specific terms renders the NDA abusive. Fourth, NDAs could potentially lead to the patent owner abusing its dominant position in the market, as well as result in an invalidation of FRAND commitments and terms. NDAs make it impossible to determine if a patent holder is engaging in discriminatory licensing practices. Fifth, NDAs are especially harmful in the case of NPEs-- companies that hold patents and monetise them but don't build or manufacture the components or devices that implement the technology associated with the patents.

h) What should be the appropriate mode and remedy for settlement of disputes in matters related to SEPs, especially while deciding FRAND terms? Whether Injunctions are a suitable remedy in cases pertaining to SEPs and their availability on FRAND terms?

H.1. The licensing of SEPs on FRAND terms requires the parties to negotiate "reasonable" royalty rates in good faith, and apply the terms uniformly to all willing licensees. It is our submission that if the parties cannot agree to FRAND terms, they may enter into binding arbitration. Further, if all efforts fail, there exist remedies under the Patents Act and the Competition Act, 2002 to address the issues.

H.2. Section 115 of the Patents Act empowers the court to appoint an independent scientific adviser " to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose. " Such an independent adviser may inform the court on the technical nuances of the matter.

H.3. Further, under the Patents Act, pending the decision of infringement proceedings the Court may provide interim relief, if the plaintiff proves first, a prima facie case of infringement; second, that the balance of convenience tilts in plaintiff's favour; and, third, that if an injunction is not granted the plaintiff shall suffer irreparable damage. H.4. However, it is our suggestion that courts adopt a more cautious stance towards granting injunctions in the field of SEP litigation. First, in our opinion, injunctions may prove to be a deterrent to arrive at a FRAND commitment, in particular, egregiously harming the willing licensee. Second, especially in the Indian scenario, where litigating parties operate in vastly different price segments (thereby targeting consumers with different purchasing power), it is difficult to establish that "irreparable damage" has been caused to the patent owner on account of infringement. Third, we note the approach of the European Court of Justice, which prohibited the patent holder from enforcing an injunction provided a willing licensee makes an offer for the price it wishes to pay to use a patent under the condition that it deposited an amount in the bank as a security for the patent holder. Fourth, we also note the approach of the Federal Trade Commission in the USA, which only authorizes patent holders to seek injunctive relief against potential licensees who have either stated that they will not license a patent on any terms, or refuse to enter into a license agreement on terms that have been set in the final ruling of a court or arbitrator. Further, as Contreras (2015) observes, that the precise boundaries of what constitutes as an unwilling licensee remains to be seen. We observe a similar ambiguity in Indian jurisprudence, and accordingly submit that courts should carefully examine the conduct of the licensee to injunct them from the alleged infringement.

i) What steps can be taken to make the practice of Cross-Licensing transparent so that royalty rates are fair & reasonable?

I.1. The Patents Act requires patentees and licensees to submit a statement on commercial working of the invention to the Controller every year. Form 27 under section 146(2) of the Act lists the details necessary to be disclosed for compliance of the requirement of "working". A jurisprudential analysis reveals the rationale and objective behind this mandatory requirement. Undeniably, the scheme of the Indian patent regime makes it amply clear that "working" is a very important requirement, and the public as well as competitors have a right to access this information in a timely manner, without undue hurdles. Indeed, as the decision in Natco Pharma v. Bayer Corporation reveals, the disclosures in Form 27 were crucial to determining the imposition of a compulsory license on the patentee. Thus, broadly, Form 27 disclosures can critically enable willing licensees to access patent "working" information in a timely manner.

I.2. However, there has been little compliance of this requirement by the patentees, despite the IPO reiterating the importance of compliance through the issuance of multiple public notices (suo motu and in response to a public interest litigation filed in 2011 ), and, reminding the patentees that non-compliance is punishable with a heavy fine. Findings of research submitted by one of the parties in the writ of the 2011 public interest litigationShamnad Basheer v. Union of India and others reveal as follows. First, a large number of Form 27s are unavailable for download from the website of the IPO. This possibly indicates that the forms have either not been filed by the patentees with the IPO, or have not been uploaded (yet) by the IPO. Second, a large number of filings in the telecom sector remain incomplete.

I.3. In 2015, CIS queried the IPO website for Form 27s of nearly 4,400 patents. CIS' preliminary research (ongoing and unpublished) echoes findings similar to the ones disclosed in the case discussed in paragraph I.2. of this submission (above).

I.4. In view of the submissions above, CIS makes the following recommendations to make the practice of cross-licensing transparent so that royalty rates are fair & reasonable: first, that there be a strict enforcement of the submission of Form 27s on a regular and timely basis by the patentees; and, second, that guidelines may be drawn up on whether it was discriminatory to charge no royalties (whether on the SSPPU or on the whole device) for a patent holder in a cross-licensing arrangement with another, when it charges royalty on the selling price of the device from a non-cross-licensor.

j) What steps can be taken to make the practice of Patent Pooling transparent so that royalty rates are fair & reasonable?

J.1. Patent pools can be understood as an agreement between two or more patent owners to license one or more of their patents to one another or to third parties. Thus, the creation of a patent pool makes use of the legal instrument of licensing, similar to the practice of cross-licensing. Insofar, we reiterate our recommendations made in paragraph I.3. of this submission (above), which apply to the answer to the instant question.

J.2. In furtherance of the recommendation above, we also propose the alteration of the Form 27 template to include more disclosures. Presently, patentees are required to to declare number of licensees and sub-licensees. We specifically propose that the format of Form 27 filings be modified to include patent pool licenses, with an explicit declaration of the names of the licensees and not just the number.

J.3. It is also our submission that patent pools be required to offer FRAND licenses on the same terms to both members and non-members of the pool.

k) How should it be determined whether a patent declared as SEP is actually an Essential Patent, particularly when bouquets of patents are used in one device?

K.1. We submit that several studies on the essentiality of SEPs indicate that only a small percentage of SEPs are actually essential. A study conducted byGoodman and Myers (2004) showed that only 21% of SEPs pertaining to the 3G standard in the US were deemed to be actually essential. Another study conducted by the same authors in 2009 for WCDMA patents showed that 28% SEPs were essential.

K.2. In our opinion, first, the methodology adopted by Goodman and Myers could be replicated to determine the "essential" nature of an SEP. Second, while adopting their methodology, it would be useful to address some of the issues over which these studies were critiqued. Accordingly, we suggest that (a) laboratory tests may be conducted by an outside expert or by a commercial testing laboratory, and not at an in-house facility owned by either parties, so as to eliminate in the lab results; and, (b) expert opinions may be considered in order to determine essentiality.

l) Whether there is a need of setting up of an independent expert body to determine FRAND terms for SEPs and devising methodology for such purpose?

L.1. In our opinion, there is no need for an independent expert body to determine FRAND terms for SEPs and devising the methodology for such a purpose. The existing legal and regulatory framework is reasonably equipped to determine FRAND terms. A more detailed submission on the existing framework and suggested changes has been made in our answer to question 'a' of the discussion paper (above).

L.2. However, we observe that Indian courts, tribunals and the CCI are yet to endorse a methodology for making FRAND determinations. The judgments of the Delhi High Court do not provide a conclusive rationale or methodology for the imposition of royalty rates in the respective matters.

L.3. We submit that in the absence of definitive Indian jurisprudence for determination of FRAND terms, American jurisprudence provides certain guidance. Contreras (2015) informs us about the various case law American courts and regulators have developed and adhered to whilst making such determinations.The dominant analytical framework for determining "reasonable royalty" patent damages in the United States today was set out in 1970 by the District Court for the Southern District of New York in Georgia-Pacific Corp. v. U.S. Plywood Corp . While this may be used as a guiding framework, the question of methodology remains far from settled.

m) If certain Standards can be met without infringing any particular SEP, for instance by use of some alternative technology or because the patent is no longer in force, what should be the process to declassify such a SEP?

M.1. In our opinion, if a standard can be met without infringing a patent declared to be "essential" to it, then the patent is not actually "essential". In this instance, the methods suggested in response to question 'k' of the discussion paper (above) could be used to declassify the SEP.

M.2. We further submit that if a patent is no longer in force, that is, if it has expired, then it ceases to be patent, and therefore an SEP. The process to declassify such an SEP could be simply to declare it an expired patent.

M.3. In addition, if it is possible to implement a certain standard by using an alternative technology, then the SEP for such a standard is not actually an SEP. However, the scale of operations and that of mass manufacturing and compatibility requirements in devices and infrastructure mean that it is unlikely to have different methods of implementing the same standard.

M.4. In general, it is our submission that an Indian SSO could maintain a publicly accessible database of SEPs found to be invalid or non-essential in India.

7. We reiterate our gratitude to the DIPP for the opportunity to make these submissions. In addition to our comments above, we have shared some of our research on this issue, in the 'Annexures', below.

8. It would be our pleasure and privilege to discuss these comments with the DIPP; and, supplement these with further submissions if necessary. We also offer our assistance on other matters aimed at developing a suitable policy framework for SEPs and FRAND in India, and, working towards the sustained innovation, manufacture and availability of mobile technologies in India.

On behalf of the Centre for Internet and Society, 22 April, 2016

Anubha Sinha - anubha@cis-india.org | Nehaa Chaudhari - nehaa@cis-india.org

Rohini Lakshané - rohini@cis-india.org

___________________________________________________________________________

___________________________________________________________________________

ANNEXURES

___________________________________________________________________________

● Anubha Sinha, Fuelling the Affordable Smartphone Revolution in India, available at http://cis-india.org/a2k/blogs/digital-asia-hub-the-good-life-in-asias-21-st-century-anubha-sinha-fueling-the-affordable-smartphone-revolution-in-india (last accessed 22 April, 2016).

● Nehaa Chaudhari, Standard Essential Patents on Low-Cost Mobile Phones in India: A Case to Strengthen Competition Regulation?, available at http://www.manupatra.co.in/newsline/articles/Upload/08483340-C1B9-4BA4-B6A9-D6B6494391B8.pdf (last accessed 22 April, 2016).

● Nehaa Chaudhari, Pervasive Technologies:Patent Pools, available at http://cis-india.org/a2k/blogs/patent-pools (last accessed 22 April, 2016).

● Nehaa Chaudhari, The Curious Case of the CCI:Competition Law and SEP Regulation in India, presented at the 4th Global Congress on Intellectual Property and the Public Interest, available at http://cis-india.org/a2k/blogs/the-curious-case-of-the-cci-competition-law-and-sep-regulation-in-indi a (last accessed 22 April, 2016).

● Nehaa Chaudhari, Letter for Establishment of Patent Pool for Low Cost Access Devices through Compulsory Licences, available at http://cis-india.org/a2k/blogs/letter-for-establishment-of-patent-pool-for-low-cost-access-devices (last accessed 22 April, 2016).

● Prof Jorge L. Contreras and Rohini Lakshané, Patents and Mobile Devices in India: An Empirical Survey, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2756486 (last accessed 22 April, 2016).

● Rohini Lakshané, CIS, List of technical standards and IP types (Working document), available at https://drive.google.com/file/d/0B8SgjShAjhbtaml5eW50bS01d2s/view?usp=sharing (last accessed 22 April, 2016).

● Rohini Lakshané, Open Letter to Prime Minister Modi, February 2015, available at http://cis-india.org/a2k/blogs/open-letter-to-prime-minister-modi (last accessed 22 April, 2016).

● Rohini Lakshané, FAQ: CIS' proposal to form a patent pool of critical mobile technology, September 2015, available at http://cis-india.org/a2k/blogs/faq-cis-proposal-for-compulsory-licensing-of-critical-mobile-technologies (last accessed 22 April, 2016).

● Rohini Lakshané, Joining the dots in India's big-ticket mobile phone patent litigation, May 2015, last updated October 2015, available at http://cis-india.org/a2k/blogs/joining-the-dots-in-indias-big-ticket-mobile-phone-patent-litigation (last accessed 22 April, 2016).

● Rohini Lakshané, Compilation of Mobile Phone Patent Litigation Cases in India, March 2015, last updated April 2016, available at http://cis-india.org/a2k/blogs/compilation-of-mobile-phone-patent-litigation-cases-in-india , (last accessed April 22, 2016).

● Rohini Lakshané, Patent landscaping in the Indian Mobile Device Marketplace, presented at the 4th Global Congress on Intellectual Property and Public Interest, December 2015, available at https://drive.google.com/open?id=0B8SgjShAjhbtME45N245SmowOGs (last accessed 22 April, 2016).

● Vikrant Narayan Vasudeva, Patent Valuation and Licence Fee Determination in the Context of Patent Pools, available at http://cis-india.org/a2k/blogs/patent-valuation-and-license-fee-determination-in-context-of-patent-pools (last accessed 22 April, 2016).

************

This submission has been authored by (alphabetically) Anubha Sinha, Nehaa Chaudhari and Rohini Lakshané, on behalf of the Centre for Internet and Society, India.

See The Centre for Internet and Society, available at http://cis-india.org (last accessed 22 April, 2016) for details of the organization, and, our work.

Make in India, available at http://www.makeinindia.com/home (last accessed 22 April, 2016).

Digital India, available at http://www.digitalindia.gov.in/ (last accessed 22 April, 2016).

See Nehaa Chaudhari, The Curious Case of the CCI:Competition Law and SEP Regulation in India, presented at the 4th Global Congress on Intellectual Property and the Public Interest, available at http://cis-india.org/a2k/blogs/the-curious-case-of-the-cci-competition-law-and-sep-regulation-in-india (last accessed 21 April, 2016) for further details on relevant provisions.

In the High Court of Delhi, W.P.(C) 464/2014 & CM Nos. 911/2014 & 915/2014, judgment delivered on 30 March, 2016. Hereafter referred to as the Ericsson-CCI judgment.

Id.

Under Articles 226 and 227 of the Constitution of India, and, under Article 32 of the Constitution of India, for the High Courts and the Supreme Court, respectively.

Agreement on Trade-Related Aspects of Intellectual Property Rights, available at https://www.wto.org/english/tratop_e/trips_e/t_agm0_e.htm (last accessed 22 April, 2016).

KEI Staff, 2015 October 15 version: RCEP IP Chapter, available at http://keionline.org/node/2472 (last accessed 22 April, 2016).

BIS Act, 2016, available at http://www.bis.org.in/bs/bsindex.asp (last accessed 21 April, 2016).

TSDSI, Intellectual Property Rights Policy, available at http://www.tsdsi.org/media/Help/2014-12-17/TSDSI-PLD-40-V1.0.0-20141217.pdf (last accessed 22 April, 2016).

Id at Clause 3.1.

Id at Clause 5.1.

Id at Clause 5.2.

Id at Clause 5.5.

Id at Clauses 7.1. and 7.2.

Id at Clause 7.2.1.a (iii).

Id at Clause 7.2.1.b(iii).

Id at Clause 7.3.

GISFI, Intellectual Property Rights Policy, available at http://www.gisfi.org/ipr_policy/gisfi_intellectual_property_righ.htm (last accessed 22 April, 2016).

Id at Clauses 6.2.1.a(iii) and 6.2.1.b(iii).

See W3C, Patent Policy, available at https://www.w3.org/Consortium/Patent-Policy-20040205/ (last accessed 22 April, 2016) for more details on their royalty-free licences.

See OMA, Use Agreement, available at http://openmobilealliance.org/about-oma/policies-and-terms-of-use/use-agreement/ (last accessed 22 April, 2016) for more details on their royalty-free licences.

See Rohini Lakshané, Open Letter to PM Modi, available at http://cis-india.org/a2k/blogs/open-letter-to-prime-minister-modi (last accessed 22 April, 2016) for further details of CIS' proposal.

Rohini Lakshané, CIS, List of Technical Standards and IP Types (Working document), available at https://drive.google.com/file/d/0B8SgjShAjhbtaml5eW50bS01d2s/view?usp=sharing (last accessed 22 April, 2016).

Mark Lemley and Carl Shapiro, Patent Holdup and Royalty Stacking, 85 Tex. L. Rev. at 2015; See also, for e.g., RPX Corporation, Amendment No. 3 to Form S-l, 11 Apr. 2011, at 59, available at http://www.sec.gov/Archives/edgar/data/1509432/000119312511101007/ds1a.htm (last accessed 22 April, 2016), quoting - "Based on our research, we believe there are more than 250,000 active patents relevant to today's smartphones…".; See further Steve Lohr, Apple- Samsung Case Shows Smartphone as Legal Magnet, New York Times, 25 Aug. 2012, available at http://www.nytimes.com/2012/08/26/technology/apple-samsung-case-shows-smartphone-as-lawsuit-magnet.html (last accessed 22 April, 2016).

Jorge L. Contreras and Rohini Lakshané, Patents and Mobile Devices in India: An Empirical Survey, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2756486 (last accessed 22 April, 2016).

Ann Armstrong, Joseph J. Mueller and Timothy D. Syrett, The Smartphone- Royalty Stack:Surveying Royalty Demands for the Components Within Modern Smartphones, available at https://www.wilmerhale.com/uploadedFiles/Shared_Content/Editorial/Publications/Documents/The-Smartphone-Royalty-Stack-Armstrong-Mueller-Syrett.pdf (last accessed 22 April, 2016).

Florian Mueller, Ericsson Explained Publicly why it Collects Patent Royalties from Device (Not Chipset) Makers, available at http://www.fosspatents.com/2014/01/ericsson-explained-publicly-why-its.html (last accessed 22 April, 2016).

Romit Guha and Anandita Singh Masinkotia, PM Modi's Digital India Project:Government to Ensure that Every Indian has a Smartphone by 2019, available at http://articles.economictimes.indiatimes.com/2014-08-25/news/53205445_1_digital-india-india-today-financial-services (last accessed 22 April, 2016).

Nehaa Chaudhari, Standard Essential Patents on Low-Cost Mobile Phones in India: A Case to Strengthen Competition Regulation?, available at http://www.manupatra.co.in/newsline/articles/Upload/08483340-C1B9-4BA4-B6A9-D6B6494391B8.pdf (last accessed 22 April, 2016).

See part 10.2.2. of the Discussion Paper, at page 25.

J.Gregory Sidak, FRAND in India:The Delhi High Court's Emerging Jurisprudence on Royalties for Standard-Essential Patents, available at http://jiplp.oxfordjournals.org/content/early/2015/06/11/jiplp.jpv096.full (last accessed 22 April, 2016).

Appeal from the United States District Court for the Eastern District of Texas in No. 6:11-cv-00343-LED, decided on 03 December, 2015, available at. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1066.Opinion.12-1-2015.1.PDF (last accessed 22 April, 2016).

Id.

Kumkum Sen, News on Royalty Payments Brings Cheer in New Year, available at http://www.business-standard.com/article/economy-policy/news-on-royalty-payment-brings-cheer-in-new-year-110010400044_1.html (last accessed 21 April, 2016).

See Sanjana Govil, Putting a Lid on Royalty Outflows- How the RBI Can Help Reduce India's IP Costs, available at http://cis-india.org/a2k/blogs/lid-on-royalty-outflows (last accessed 21 April, 2016), for a discussion on the introduction of royalty caps in the early 1990s, and its success in reducing the flow of money out of India.

Supra note 33.

Nehaa Chaudhari, Letter for Establishment of Patent Pool for Low-cost Access Devices through Compulsory Licenses, available at http://cis-india.org/a2k/blogs/letter-for-establishment-of-patent-pool-for-low-cost-access-devices (last accessed 21 April, 2016).

Supra note 26.

Rohini Lakshané, FAQ: CIS' proposal to form a patent pool of critical mobile technology, September 2015, available at http://cis-india.org/a2k/blogs/faq-cis-proposal-for-compulsory-licensing-of-critical-mobile-technologies (last accessed 22 April, 2016).

Id.

See the Ericsson-CCI case, supra note 6, for Intex's submissions as discussed by Justice Bakhru.

Id.

Rohini Lakshané, Compilation of Mobile Phone Patent Litigation Cases in India, available at http://cis-india.org/a2k/blogs/compilation-of-mobile-phone-patent-litigation-cases-in-india (last accessed 21 April, 2016).

See the Ericsson-CCI case, supra note 6, at paragraph 19.2.

Supra note 47.

See the Ericsson-CCI judgment, supra note 6, at paragraphs 88-105.

Section 19(4) of the Competition Act. See also Competition Commission of India v. Steel Authority of India and Another, (2010) 10 SCC 744.

Section 115 of the Patents Act, 1970.

Huawei Technologies Co. Ltd v. ZTE Corp. and ZTE Deutschland, Judgment of the Court (Fifth Chamber) of 16 July 2015 in GmbH C-170/13.

Third Party United States Fed. Trade Commission's Statement on the Public Interest, In re Certain Wireless Communication Devices, Portable Music and Data Processing Devices, Computers and Components Thereof, U.S. Int'l Trade Comm'n, Inv. No. 337-TA-745 (Jun. 6, 2012).

Jorge L. Contreras, A Brief History of FRAND: Analyzing Current Debates in Standard Setting and Antitrust Through a Historical Lens, 80 Antitrust Law Journal 39 (2015), available at http://ssrn.com/abstract=2374983 or http://dx.doi.org/10.2139/ssrn.2374983 (last accessed 22 April, 2016).

Section 146(2) of the Patents Act, 1970..

Sai Vinod, Patent Office Finally Takes Form 27s Seriously, available at http://spicyip.com/2013/02/patent-office-finally-takes-form-27s.html (last accessed 22 April, 2016).

Order No. 45/2013 (Intellectual Property Appellate Board, Chennai), available at http://www.ipab.tn.nic.in/045-2013.htm (last accessed 22 April, 2016).

Intellectual Property India, Public Notice, available at http://www.ipindia.nic.in/iponew/publicNotice_Form27_12Feb2013.pdf (last accessed 22 April, 2016) and Intellectual Property India, Public Notice, available at http://ipindia.nic.in/iponew/publicNotice_24December2009.pdf (last accessed 22 April, 2016).

Supra note 57.

Id.

See research findings available at http://spicyip.com/wp-content/uploads/2015/05/FORM-27-WP-1R-copy.pdf (last accessed 22 April, 2016).

In the High Court of Delhi, W.P.(C) 5590/2015. This litigation is currently ongoing. See, illustratively, Mathews P. George, Patent Working in India: Delhi HC issues notice in Shamnad Basheer v. Union of India & Ors. - I, available at http://spicyip.com/2015/09/patent-working-in-india-delhi-hc-issues-notice-in-shamnad-basheer-v-union-of-india-ors-i.html (last accessed 22 April, 2016).

In response to an RTI request made to the IPO in Mumbai for forms unavailable on the website, CIS received a reply stating, "As thousand [sic] of Form -27 are filed in this office, it is very difficult to segregate Form-27 for the patent numbers enlisted in your RTI application as it needs diversion of huge official staff/ manpower and it will affect day to day [sic] work of this office." This research is ongoing and unpublished. Please contact us for a copy of the RTI application and the response received.

WIPO Secretariat, Patent Pools and Antitrust - A Comparative Analysis, available at https://docs.google.com/viewer?url=http%3A%2F%2Fwww.wipo.int%2Fexport%2Fsites%2Fwww%2Fip-competition%2Fen%2Fstudies%2Fpatent_pools_report.pdf (last accessed 22 April, 2016).

Form 27, The Patents Act, available at http://ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20-%20html/Forms/Form-27.pdf (last accessed 22 April, 2016).

David J. Goodman and Robert A. Myers, 3G Cellular Standards and Patents, available at http://patentlyo.com/media/docs/2009/03/wirelesscom2005.pdf (last accessed 22 April, 2016).

Darien CT, Review of Patents Declared as Essential to WCDMA through December, 2008, available at http://www.frlicense.com/wcdma1.pdf (last accessed 22 April, 2016).

Supra note 67.

Donald L. Martin and Carl De Meyer, Patent Counting, a Misleading Index of Patent Value: A Critique of Goodman & Myers and its Uses, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=949439 (last accessed 22 April, 2016).

Rohini Lakshané, Joining the Dots in India's Big-Ticket Mobile Phone Patent Litigation, available at http://cis-india.org/a2k/blogs/joining-the-dots-in-indias-big-ticket-mobile-phone-patent-litigation (last accessed 22 April, 2016). See also supra note 47 for more details.

Supra note 55.

318 F. Supp. 1116, 1120 (S.D.N.Y. 1970), modified and aff'd, 446 F. 2d 295 (2d Cir. 1971), cert. denied, 404 U.S. 870 (1971).

2015

They filed it in 2011

The 2011 filing only includes pharma, BTW: http://spicyip.com/docs/Form%2027s.pdf. Also, this writ is from May 2015: http://spicyip.com/wp-content/uploads/2015/05/FORM-27-WP-1R-copy.pdf Anyway, I'll leave it as it is.

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

T’puram to host Wikipedia workshop on May 4, 5

praskrishna — 2016-05-01T14:01:24Z

The workshop will be led by Prof. Madav Gadgil and a team of experienced Wikipedia editors.

Thiruvananthapuram: The Swadeshabhimani Media Study Centre jointly with the Centre for Internet and Society and the Wikipedia fraternity of Kerala, is conducting a two-day workshop on Wikipedia from 4 to 5 May at the Vakkom Moulavi Foundation Trust Hall, Thekkinmoodu. The workshop will provide guidance as how to contribute contents on Kerala or to translate pages in English on Kerala in the Wikipedia encyclopaedia. The workshop will be led by Prof. Madhav Gadgil and a team of experienced Wikipedia editors.

This article was published in Mathrubhumi on May 1, 2016. Read the full article here.

For more details visit https://cis-india.org/a2k/news/mathrubhumi-may-1-2016-thiruvananthapuram-to-host-wikipedia-workshop-on-may-4-5