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Mobile App Developer Series: Terms of Agreement – Part IV

samantha — 2015-04-03T08:26:27Z

The following is Part Four in a series reporting on interviews conducted with 10 of Bangalore's mobile app developers and other industry stakeholders. Through this research, CIS attempts to understand how the developers interviewed engage with the law within their practice, particularly with respect to IP. Here we examine different attitudes and work practices related to contracts agreements and developer culture in the legal realm.

We left off in our blog series considering the reported reasons why one would protect their mobile app by intellectual property means and how they relate back to (or contradict) their values as a mobile app developer in India. Here, we would like to get into more of the nitty gritty of contracts—which clauses are most important to mobile app developers, and what they think of them—followed by a cultural interpretation of the dynamics of this developer community with respect to contracts, and then lastly, a look at copyright, more generally.

Contracts in mobile app developing services

Previously, we shed light on the tendency for mobile app developers, in India particularly, to create mobile apps or mobile app components for clients, often overseas, within a work-for-hire agreement. Within such an agreement, the rights to (or ownership over) one's work is generally handed over to the client the moment the code comes into creation. Simply put, if paid to carry out a particular project, whatever is created within the project belongs to the client.

This is not the only instance where we encounter contract agreements in the mobile app ecosystem, however. For startups where team players are small in number, it is likely that all will have access to any contract agreements entered into with clients. For larger corporate software developer firms, there may be a specialized department for legal-related matters. In such cases, the mobile app developers themselves would seldom lay eyes on the legalese of contracts, for the primary reason being that it doesn't concern them. Instead, the terms of agreement more familiar to them would be those that they obliged to upon working for their employer.

However, after conversing with multiple stakeholders within India's mobile app space, what we came into understanding is that the importance of contract agreements for mobile app developers may be generally underestimated by the developers—both from within the startup to the corporate employer.

Clauses of caution

Within a work-for-hire agreement, it is commonplace for developers to enter into restrictive agreements that obstruct the freedoms of what they can do with the code created for the client. Across interviews with developers in startups and SMEs working for clients, this seemed to be a prevalent problem. Problematic areas proved to be those related to the time periods in which the developer was not allowed to take up future work for competing clients (i.e. the non-compete clause), or could not talk about their work for the client at all (the “quiet period”).

Designer, Rahul Gonsalves explains how these areas of their contracts with clients may impact his team at Uncommon: “The non-compete and the quiet periods are the two bits which are most germane to us, because if I can’t do work for a year in the same area, that impacts my ability to run my company.” Fortunately, Gonsalves says that less frequently are they obliged into quiet periods—in which they would not be able to talk about the work they do for their clients—as this poses an even bigger problem when trying to keep a portfolio for prospective clients, or when writing or speaking on behalf of their experience at conferences.

On several occasions Gonsalves and his team have tried to license their work to clients while retaining ownership... without much luck. “Clients typically do not want a perpetual license, but complete ownership.” Gonsalves goes on in explaining that, “this means they could make a derivative work or use it for another project. Depending on how bad we want the project, we'll work out some middle ground.” But it does not seem to be so easy for he and his SME to do so: “The thing about contracts is it’s all about a sort of differential bargaining power that the two parties have... you’ll have very little control about what happens once you’ve got paid.”

“The thing about contracts is it’s all about a sort of differential bargaining power that the two parties have... you’ll have very little control about what happens once you’ve got paid.”

Contract confusion

To have any sort of bargaining power within a work-for-hire arrangement requires a lot of time for negotiating, and the space for communication to begin with. In many cases, contracts may not even be introduced into a work agreement, leaving a lot of intricacies to the unknown.

“Getting these things down in a legal document is a big deal. It matters,” says Aravind Krishnaswamy of Levitum. The topic came up while speaking about the process of creating the content for one of his startup's apps, which entailed arranging contracts with several third parties involved in. Krishnaswamy and his team did so to ensure that they retained ownership (or co-ownership) over all of the content featured within their app, which features instructional videos on Indian music.

Another developer interviewed, Naveen*, shared with us his experience coming out of college and into employment. Upon joining his first employer, who happened to be a large company, he along with the new “batch” of employees attended a legal session within their training, “but that was Greek and Latin to us then,” he jokes. “We were fresh out of college and had no idea what a software license was... and it was after lunch, so everyone was sleeping.”

Lucky for Naveen, he didn't need to deal with that area too much, as his employer had a legal team to take care of such matters when it came to transactions with clients or third parties. For his current employer, on the other hand, Naveen explained that he could not recall the terms of his employment, as it had been a very long time ago when he signed his employment contract.

Not a contract culture?

Naveen suggests that the problem is one of contract-illiteracy, or simply not having the background knowledge to truly understand the legal facets of the industry, especially as you move away from India's entrepreneurial hubs: “In tier 1 cities, like Bangalore or Chennai, the colleges and students do have some knowledge about open source, licensing and terms, but when you go to tier 2 cities, that's where the problem is.”

But is anyone contract-literate anyway? With the exception of lawyers or legal departments, of course, don't we all have the immediate impulse to click “Next” or sign our signature as soon as we see the words “User Agreements” followed by infinite paragraphs in the smallest font?

However, for the developer in the increasingly-complex mobile app space with numerous parties and transactions involved, terms of contractual agreements may dictate everything from whether one can develop for competing clients, to whether an employee can contribute to open source projects on their own time. Still think that reading those clauses are a waste of time?

We are not arguing that the fact that the developer community seems to be far removed from “contract culture” is in itself a bad thing. As Jayant Tewari of Outsourced CFO & Business Advisory Services asserts: “How mobile app developers regard IP laws—or better yet, disregard—is fine for their sake.” What they must instead learn is to maneuver the landscape to avoid troubles as best as possible.

A good way of going about it, however, may be to begin with the agreements that a developer is already committed to—with clients, employers, and third parties, alike. One should be able to articulate: What is expected of me? Within what limitations? What am I not allowed to do?

Better familiarizing oneself with one's own responsibilities and commitments may be the first step for a mobile app developer to educating him- or herself and become aware of what sort of choices could stir about conflicts in the future, potentially threatening their relationships, reputation, or even livelihood.

But is it even possible to comply to all of the rules of the game?

Within such an overcrowded industry, creation and innovation does not occur in a vacuum, and as a result, many may adjust their own creations as they see fit, according to whatever ways are most convenient and carry out the best function. But at what cost—or more appropriately, what risk?

The next, and final of this blog series will shed light on responses given across interviews to the question of infringement. Here, we intend to connect the dots between the legal practices of mobile app developers and cases of infringement. We hope that after examining such numerous and wide sweeping—yet interconnected—facets of how mobile app developers in India engage with the law within their work, we will be able to comprehensively illustrate the role that these developers play in this economy, and ultimately, pass judgement on the laws that govern this space.

For more details visit https://cis-india.org/a2k/blogs/mobile-app-developer-series-terms-of-agreement-iv

Mapping Digital Media: Broadcasting, Journalism and Activism in India: A Public Consultation

samantha — 2013-11-07T03:38:45Z

Lawyers, researchers, journalists and activists gathered on Sunday, October 27, 2013 at the Bangalore International Centre in response to India’s country report on Mapping Digital Media, which examines citizen’s access to quality news and information across different industries, and impacts on media freedoms as a result of digitisation. Respondents examined themes related to regulation, journalism and activism, and engaging discussions took place among attendees.

On behalf of event organizers, we invite you to view the report, available online for free access here: "Mapping Digital Media: India.

Event organizers, Alternative Law Forum, The Centre for Internet & Society, and Maraa, held a public consultation at the Bangalore International Centre with the ultimate goals to inform and engage the public within key themes of the Mapping Digital Media: India report, as a new knowledge basis for better understanding India’s transitioning digital landscape. Many resulting ideas about moving forward with the report’s findings also came about, as prospective proceeding steps within the life cycle following the report’s release.

Respondents consisted of reputed media lawyers, researchers, journalists, activist and other media professionals. Each spoke before the meeting room within three panel discussions pertaining to different sections of the report: Policies, Laws and Regulators; Digital Activism; and Digital Journalism. Each speaker shed a new light on key challenges confronting our emergent digital media landscape with special focus given to broadcasting (radio and television), cable operations and newspapers (print & online) as each of these sectors undergo digitisation.

Opening

Vibodh Parthasarathi, who had anchored the country report, started off the consultation by underscoring the report's objective of mapping the different sectors and seemingly disparate aspects of India's complex media landscape. Following a brief introduction to the report was the setting of the stage by Alternative Law Forum Co-founder and Partner, Lawrence Liang, as he shared the ultimate aims of the event in speaking collectively to the report so that we may gain a better understanding of an area that is otherwise opaque by most. Lawrence also brings to the forefront the report’s debunking of the idea of the digital divide for India, and its account of a rich media landscape.

Policies, Laws and Regulators

The consultation’s first panel discussion was started by Lawrence, as he responded to the report from a perspective of legality. Lawrence examines the role of the state in India’s rich media landscape, specifically in terms of the four values at the centre of such: freedom of speech and expression, access to infrastructure, the question of development, and the question of market regulations—all of which are tied together within the country report. Lawrence argues that we must arrive at quantitative measures of accessing diversity and quantity of freedom of speech, but only after understanding the ecology in which freedom of speech operates, and attempts to do so in examining drafted policies, policing measures, and market regulatory measures taken within the context of India.

Thirty attendees including journalists, activists, academics, and lawyers, all brought forth different perspectives on digital media in India.

Following was Matthew John, Associate Professor and Executive Director of the Centre on Public law and Jurisprudence. Matthew shared his impressions on the report, while making reference to three issues the report asks us to rethink; these being: public reason, the regulatory state, and the question of distribution. Matthew gives rise to a democratic problem in the public sphere of communication and claims that how it is addressed and resolved must be paid attention to. He makes reference to the history of telecom cases in responding to the question of how we are going to think about freed up telecom, and contrasts different types of regulatory agencies in asking the question of whether or not we should separate regulation from politics.

An engaging discussion following this panel’s speakers took place. Amongst points made by event attendees includes questions of how to scale up the citizen’s stake in media within a legal paradigm, as well as points made with reference to challenges to equity in media in terms of content and challenges to such.

Digital Media and Society (Digital Activism)

The discussion had begun with panelist, Arjun Venkatraman, Co-founder of the Mojolab Foundation as well as the digital activism platform, Swara. Arjun engages within the digital media debate in speaking on behalf of members of civil society that act from within the digital divide and exposes the gaps within new modes of activism that arise out of a lack of understanding on how to engage with these new medias. He also informed attendees of how to make cheap IVR based voice portals, linking voice users to the web for under USD200 as means of leveraging users’ voices via unlicensed spectrum.

Also contributing to the discussion on digital activism was Meera K, Cofounder of Bangalore News publication, Citizen Matters. In examining examples of new spaces that digital media has provided for the exchange of pluralistic views and alternative voices, Meera critiques different types of activism that have emerged, including social activism, political activism, and middle class activism. She questions whether new media can be seen as sufficient space for free speech with reference to various challenges, such as the polarization of debates, and also compares and contrasts the positive outcomes of new media campaigns—such as tangible capitalized solutions—with corresponding pitfalls.

A debate amongst attendees followed in response to the question of assessing the value of media in terms of impact or size of public outreach, along with how content is generated and controlled.

Digital Media and Journalism

Independent journalist and media analyst, Geeta Seshu, got the conversation started regarding digital media and journalism by comparing the pitfalls of journalism in traditional media with the possibilities offered by digital journalism. Geeta argues that journalists have become devalued and are losing their footing within traditional media. She discussed the new forms of journalism and how news can be generated in an interactive and non-hierarchical manner and examined the intersections of mainstream media and journalism. She questions the possibility of digital journalism existing on its own, without the influence of or incorporation of principles of traditional media, and grapples with possibilities for providing a new model for doing so.

The day’s last speaker was Subhash Rai, Associate Editor of New Indian Express. Subhash offers a mainstream perspective and argues that we must look at traditional and mainstream forms of media as a starting point for emerging forms of journalism before we can begin to understand these journalism models better. Just as well, traditional and mainstreams means of news dissemination can learn from digital media, however we should not be quick to look away from the core of the entire picture, as traditional forms of media are still very strong in comparison.

A discussion followed surrounded questions posed by speakers and attendees, such as what digital journalism should look like, and how such a transition to new forms of media should be imagined. How information has changed with respect to its creation and consumption was debated as well.

Moving Forward

Before the conclusion of the public consultation, attendees and speakers discussed future advancements for the country report. Many recommendations and ideas were generated, including suggestions for future public consultations, advocacy windows offered by the report, and ways to produce another iteration of the report. Prospective initiatives included online working groups to dive deeper into specific themes of the report, a Hackathon where attendees will pool ideas together, and follow-up public consultations.


Participants brainstormed together on how to move forward the report’s findings. Many ideas were drafted, including a Hack-a-thon and online focus groups.

The event's agenda went as follows:

Time	Detail
10.00 a.m.	Introductory Remarks by Vibodh Parthasarathi, CCMG, Jamia
10.15 a.m. - 11.30 a.m.	Policies, Laws and Regulators Session Moderator – Ram Bhat Speakers – Lawrence Liang (ALF) and Mathew John (JGLS)
11.30 a.m. - 11.45 a.m.	Tea Break
11.45 a.m. - 1.15 p.m.	Digital Media and Society (Digital Activism) Session Moderator – Lawrence Liang Speakers – Arjun Venkatraman (Mojolab) and Meera K (Citizen Matters)
1.15 p.m. - 2.00 p.m.	Lunch Break
2.00 p.m. - 3.15 p.m.	Digital Media and Journalism Session Moderator – Vibodh Parthasarathi Speakers – Geeta Seshu (Free Speech Hub) and Subhash Rai (newindianexpress.com)
3.15 p.m. - 4.00 p.m.	The Way Ahead (Moving Forward) Moderated by Lawrence Liang

Event Participants

Rashmi Vallabhrajasyuva
Meera K, Oorvani Foundation
Samantha Cassar, CIS
Sharath Chandra Ram, CIS
Suresh Kumar, Artist
Aruna Sekhar, Amnesty India
Sriram Sharma, Part time Blogger
Ammu Joseph, Independent Researcher
Mathew John, Jindal Global Law School
Swati Mehta, The Rules
James North, The Rules
Bhairav Acharya, Lawyer
Deepa Kurup, The Hindu
Abhilash N, Independent
Deepu, Pedestrian Pictures
Rashmi M, PhD Student at NIAS
Jayanth S, LOCON Solutions Pvt Ltd.
Nehaa Chaudhari, CIS
Dinesh TB, Servelots
Snehashish Ghosh, CIS
Lawrence Liang, ALF
Vibodh Parthasarathi, CCMG, Jamia
Ram Bhat, Maraa
Ashish Sen, AMARC
Subhash Rai, New Indian Express
Geeta Seshu, Free Speech Hub, The Hoot
Arjun Venkatraman, Mojo Lab Foundation
Raajen, Centre for Education and Documentation
Ekta, Maraa
Smarika Kumar, ALF

Press Coverage

Need to increase diversity in online journalism (The New Indian Express, October 28, 2013).
Experts moot holistic approach to media laws (The Hindu, October 28, 2013).

For more details visit https://cis-india.org/internet-governance/blog/mapping-digital-media-broadcasting-journalism-activism-india

Pune_Sunil

samantha — 2014-03-15T10:03:37Z

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samantha — 2014-05-02T11:51:36Z

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Ambiguity in the App Store: Understanding India’s emerging IT sector in light of IP

samantha — 2014-04-15T08:24:28Z

Mobile applications hold immense potential for India but are not fully understood by even their own developers in the context of India’s intellectual property (IP) regime. This is the first in a series of blog posts introducing CIS's new access to knowledge research initiative that seeks to understand how stakeholders encounter India’s IP law and what this means for the mobile app ecosystem, and in turn, the Indian mobile user. This research also aims to address problematic policy areas for innovation and protection for developers, as well as to comment on India’s regime with respect to the emerging mobile app sector.

India is at a pivotal point within its IT industry as mobile technologies take off like never before. Smartphone usage appears to be replacing PC use altogether for many,[1] and today’s generation is even said to belong to India’s "mobile only generation" as 41% of Indians access the internet through mobile phones.[2] The potential for mobile technologies for India can be better envisioned as various reports compare prior growth rates with astonishing projections for the next few years, and in doing so, demonstrate India’s exponential growth in terms of smart phone and internet penetration.

In the last 3-4 years, the number of users who access the internet through a 3G connection has long surpassed the number of fixed line broadband connections accumulatively over the last 17 years.[3] The funny part is that 3G has yet to be widely adopted, with only 4% of over 900 million mobile subscriptions using 3G.[4] This number is expected to grow from 36 million to 266 million by 2016—within a mere 3 years,[5] and smartphones, from 67 million this year to 382 million by 2016.[6] At that point, India will likely be within the world’s top 5 countries for smartphones, potentially representing almost 10% of the entire world’s supply—practically five times that of what it was only 5 years prior in 2011.[7] As the cost of data and price of smartphones come down, and as mobile internet and smartphone penetration rates surge tremendously, new pathways are paved for emerging sectors to evolve, such as that of the mobile application market,[8] a market which is expected to have a value of Rs 2,700-crore by 2016.[9]

Every month, 100 million apps are being downloaded in India, ranging from productivity to localized music and language apps, to health and spirituality apps, to banking and e-commerce apps; with ones relating to dating and gaming growing in popularity.[10]

India’s appetite for mobile apps is definitely here to stay. This booming app market is expected to increase demand for an additional three lakh developers in the next five years in India[11] and introduce many new players into market.

Although holding great potential, the mobile app ecosystem has yet to become robust, and is still a place of volatility and ambiguity for developers. As more and more build upon previously produced content within the pursuit of new idea for a mobile application, the lines become blurred as to what is legally acceptable and what is not. For emerging start-ups, these blurred lines are irrelevant, with the main focus on the product and with insufficient manpower and money flow to invest time elsewhere. But for the developers that are on their way up the enterprise ladder, protection is sought out. As developers gain more leverage within app stores, and therefore more exposure, their applications may be at risk for being copied by others, and may begin to seek support commonly in the form of copyright or not-so-often patent protection. As this system of who seeks protection and who does not repeatedly manifests within the Indian mobile app ecosystem, an uneven playing field is further tipped in favour of those for who are willing to pay for a lawyer. Many a time, developers are not aware themselves that they may be infringing upon others’ intellectual property, and as foreign players begin to enter India’s mobile app market — often with overwhelmingly large IP portfolios—Indian developers may unknowingly be at risk for litigation for their own mobile applications.

This blog post kick-starts a new research initiative from the Centre for Internet & Society (CIS) as I attempt to understand the many factors at play at the intersection of the mobile app ecosystem and Indian intellectual property (IP) law. It is also the first in a series to attempt to paint a comprehensive picture of what the real implications are of intellectual property within the mobile app ecosystem for India. This initiative falls within CIS’s A2K Programme which ultimately aims to protect citizen, consumer and public interest via IP law reform and by offering alternatives to strictly proprietary-based intellectual property regimes, with those that incorporate principles of openness. These differentiating regimes will be looked at further with reference to mobile applications in the series of postings to come.

In performing this research I hope to attain the following achievements: 1) to understand the legal environment in which the mobile app ecosystem exists, 2) to evaluate India’s current IP regime with respect to its mobile application industry, and lastly, and 3) to work towards creating contextually appropriate conditions to harness the potential of mobile app technologies for India. Each of these objectives are looked at closer below, as I demonstrate how I intend to attain each goal, and for what reason:

To understand the mobile app ecosystem in light of India’s IP regime

As the mobile app market is still on its incline, there is little understanding of the implications of policy decisions on this ecosystem and the stakeholders implicated within it. Consequently, policy decisions are ill-informed and at risk of being determined by foreign players in pursuit of foreign interests. I hope to acquire a sufficient sense of understanding of these implications from the ground up: beginning with the developers themselves. In performing empirical research to survey how stakeholders within the ecosystem encounter Indian IP law, with a main focus on developers themselves, I hope to also be able to identify key determinants of IP-related disputes and areas of concern amongst mobile app developers and understand corresponding implications for the mobile app market, and in turn, the potential for this market’s impact in India.

To evaluate India’s IP regime with respect to the mobile app ecosystem

Through the carrying out of this initiative I hope to produce the research necessary that will get the debate started regarding the role of intellectual property in the mobile applications market in India. In order to do so, I hope to identify and address policy blindspots — if any — within the current IP regime, as well as to make evident the consequences of such. I also hope to be able to draw my own conclusions to assess the current IP regime with respect to the needs of various stakeholders and the market which they drive forward through investigating how policies related to IP law facilitate or hinder levels of innovation, creation, and protection for mobile applications and their developers, to the benefit or detriment of Indian mobile users.

To work towards creating conditions to harness the potential of mobile apps for India

It is evident that within the mobile app market, along with other mobile technologies, lies potential for the future of access to information and means of communication amongst mobile users from all corners of India. Relative trajectories for market trends and mobile and internet penetration should not be taken for granted, however, as the environment within which these trends take course may be considered to be volatile and may consequently enable or undermine what potential this market holds for current and future consumers. Through analyzing primary empirical evidence and research findings in conjunction with market reportings and projections, I hope to be able to identify key conditions for an enabling legal environment in which mobile applications are available and accessible for the fulfillment of their potential.

The IP debate is a highly contested one, with opposing viewpoints and varying manifestations across jurisdictions. In order to understand how India fits into this debate, with respect to the mobile app ecosystem, I intend to guide my research in asking the following questions:

Who are the stakeholders and key players in the mobile app ecosystem, and how does each encounter India’s IP law?
What are the determining and resulting factors at play at the intersection of the mobile app ecosystem within India and India’s IP law regime?
What conditions would create an enabling legal environment for mobile app developers in terms of innovation and protection for their works?

This research will employ a multidisciplinary approach in incorporating theory and contextual aspects related to academic law, philosophy, political science, economics, history, and sociology in attempts to holistically understand the multifaceted picture in question and the different perspectives of such.

As preliminary research to this initiative, I have been in touch with mobile app developers of differing scales within the ecosystem. In speaking with each, I continue to observe a prevalent theme to be that of how each interprets Indian IP law. Regardless of whether they develop mobile apps for clients or their own enterprises, or are part of a small startup enterprise or an Indian success story, or even if they’re IP consultants themselves: in trying to understand the Indian IP landscape, one often encountered experience is confusion. As a result, the ambiguity of what may be protected under intellectual property and what may not be lingers on, to the advantage of some and the disadvantage of many. I intend to continue carrying out interviews with various stakeholders across India — with a special focus on Bangalore as India’s IT hub — including developers, incubators, lawyers, and even consumers, to better understand how each feels about Indian IP law, to what extent developers engage in protection for their IP, and if this theme of ambiguity is truly a consistent one throughout the mobile app ecosystem with regards to the Indian IP regime.

If you are interested in contributing to this initiative, I invite you to contact me by e-mail at samantha@cis-india.org. Any or all contributions may be kept anonymous and your explicit approval will be sought out before incorporating any of your responses into my research.

[1]. Bhine, A., Sharma, K., Rao, S., Mishra, K., Preetham, N., & Nemani, N. (2013). India’s mobile internet: The revolution has begun: An overview of how mobile internet is touching the lives of millions. Avendus . Retrieved from http://www.avendus.com/Files/Fund%20Performance%20PDF/Avendus_Report-India's_Mobile_Internet-2013.pdf

[2]. NextBigWhat.com (2012). Mobile Internet in India: All you need to know about it [PowerPoint slides]. Retrieved from http://www.slideshare.net/nextbigwhat/mobile-internet-revolution-in-india-all-that-youd-like-to-know

[3]. Bhine, A. et al. (2013)

[4]. NextBigWhat.com (2012)

[5]. Mobile Marketing Association (2013). India Adspend Report. Retrieved from http://www.mmaglobal.com/whitepaper/india-adspend-report

[6]. Press Trust of India (2013, Sep 29). Mobile games, apps market in India to touch Rs 2,700 cr by 2016: Report. IBN Live. Retrieved from http://ibnlive.in.com/news/mobile-games-apps-market-in-india-to-touch-rs-2700-cr-by-2016-report/425284-11.html

[7]. Bhine, A. et al. (2013)

[8]. Pahwa, N. (2013, Apr 30). TiE India Internet Day: On Smartphones, Mobile App Monetization & Indic Languages. Medianama. Retrieved from http://www.medianama.com/2013/04/223-mobile-app-monetization-smartphones/

[9]. Press Trust of India (2013, Sep 29)

[10]. Kulkarni, V.A. (2013, Aug 22). India in line for the big app boom? Certainly, say developers. Know Your Mobile India. Retrieved from http://www.knowyourmobile.in/applications/8759/india-next-line-big-app-boom-certainly-say-developers

[11]. Nair, R. P. (2013, Aug 13). Booming app market is driving startups to offer mobile technology course. The Economic Times. Retrieved from http://articles.economictimes.indiatimes.com/2013-08-13/news/41375028_1_app-market-mobile-app-development-company-marketsandmarkets

For more details visit https://cis-india.org/a2k/blogs/ambiguity-in-the-app-store

Open Letter to the Vatican: Request for Holy See to Comment on IPR

samantha — 2014-01-31T07:14:07Z

Due to the Holy See’s demonstrated pro-access position to medicines and published materials for persons with disabilities, the Centre for Internet and Society (CIS) requested for His Excellency, Archbishop Silvano M. Tomasi, to also consider copyrights, patents or IPR more generally, as the Holy See’s Permanent Observer at WIPO. We strongly encourage other organizations and civil society groups to modify this letter, as needed, and to contact the Holy See Mission to the United Nations (and WIPO) in Geneva in order to help us prompt His Excellency to contribute to the international dialogue on IPR.

You may view the original letter sent by CIS here.

His Excellency, Archbishop Silvano M. Tomasi, Apostolic Nuncio
Holy See Mission to the United Nations in Geneva
P.O. Box 28
1292 Chambésy
Geneva, Switzerland
mission.holy-see@ties.itu.int
+41 22 758 98 20

Friday, January 24, 2014

Your Excellency Archbishop Silvano M. Tomasi,

Subject: Call for the Holy See’s comment on Intellectual Property Rights

On behalf of the Centre for Internet and Society (CIS), Bangalore, India, I, Samantha Cassar, write to Your Excellency’s opinion on copyrights, patents and intellectual property rights.

We are a not-for-profit, non-governmental research organization that works on addressing policy issues related to access to knowledge and intellectual property law reform (http://cis-india.org/a2k), and accessibility for persons with disabilities (http://cis-india.org/accessibility) among other areas related to internet and information and communication technologies.

CIS is an accredited organization with the World Intellectual Property Organisation (WIPO) and a regular participant at the meetings of the Standing Committee on Copyrights and Related Rights (SCCR), the Standing Committee on the Law of Patents (SCP), as well as the Committee on Development and Intellectual Property.

At the outset, we commend Your Excellency for signing the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. As one of the contributors to this treaty, we appreciate the concern of the Holy See for those who are marginalised within our information society by their disabilities.

As Pranesh Prakash, Policy Director from CIS noted at Marrakesh during the adoption of this treaty, “When copyright doesn't serve public welfare, states must intervene, and the law must change to promote human rights, the freedom of expression and to receive and impart information, and to protect authors and consumers.” We are happy to see this being done through a treaty as such.

Also said by Your Excellency, within the Holy See’s statement at the 9th Ministerial Conference of the World Trade Organization (WTO), “Among the most damaging concessions developing countries make in regional and bilateral agreements are those enhancing the monopolies on life-saving medicines, which reduce access and affordability and those that provide excessive legal rights to foreign investors, limiting the policy space for nations to promote sustainable and inclusive development.”

Given the Holy See’s demonstrated standpoint on the accessing of medicines and published works, we at the Centre for Internet and Society would like to request Your Excellency to also consider copyrights, patents or more generally, intellectual property rights (IPR), as Permanent Observer of the Holy See to the United Nations and Other International Organizations in Geneva.

On behalf of CIS, I am honoured to be writing to Your Excellency and for this request to be considered. Due to the ability of copyright and other forms of IPR to obstruct the access of one’s own human rights and even the sustainable development of one’s country, we feel this area must be crucially considered within an international dialogue—not only from a place of political strategy but also from principles of mercy and compassion.

With meetings approaching for both WIPO’s Standing Committee on the Law of Patents (January 27-31, 2014) and WIPO’s Committee on Development and Intellectual Property (May 19-23, 2014), we are very excited at the possibility of the Holy See enriching this discussion, and hope for such a contribution to take place when the international community is listening—at these meetings, or in any other form.

With Every Best Wish,
Sincerely Yours,

Samantha Cassar

Programme Associate
The Centre for Internet & Society

For more details visit https://cis-india.org/a2k/blogs/open-letter-to-the-vatican-request-for-holy-see-to-comment-on-ipr

CIS Original Open Letter to the Vatican: Request for Holy See to Comment on IPR

samantha — 2014-01-31T07:05:27Z

Due to the Holy See’s demonstrated pro-access position to medicines and published materials for persons with disabilities, CIS has requested for His Excellency, Archbishop Silvano M. Tomasi, to also consider copyrights, patents or IPR more generally, as the Holy See’s Permanent Observer at WIPO. The following is the original letter sent by CIS.

For more details visit https://cis-india.org/a2k/blogs/cis-original-open-letter-to-the-vatican-request-for-holy-see-to-comment-on-ipr

Narendra Sabharwal

samantha — 2014-01-31T08:19:06Z

IPR-Chair for FICCI, Narendra Sabharwal, explains the immense value of IPR in technology, arts and culture, while serving as protection ....

For more details visit https://cis-india.org/a2k/blogs/NarendraSabharwal.JPG

The Game of IPR: Insights from the 6th Global Intellectual Property Convention in Hyderabad

samantha — 2014-01-31T09:56:10Z

IP practitioners and IP creators were among the 1700 participants to gather at the Hyderabad International Convention Centre earlier this month. Here, CIS had the opportunity of listening in on perspectives around the “Optimization of economic value of innovation & IPR in the global market” while attending numerous talks and sessions that were held over the course of the convention’s three days.

One of the event's speakers, Mr. Narendra Sabharwal, IPR-Chair of FICCI, speaks of the immense value of IPR, while serving as protection as well as collateral for investors. (Photo credit: GIPC 2014)

This year’s Global Intellectual Property Convention (GIPC) was held in Hyderabad January 16-18, 2014 by ITAG Business Solutions Ltd. in association with the Institute of International Trade (iitrade). As the 6th of its kind, the event was held in hopeful contribution “towards society with the active support and cooperation of the IP fraternity,” says ITAG Founder and Director, Dr. D. R. Agarwal, while offering a “good opportunity for learning and business networking through one to one interaction in a pre-arranged manner under a conducive environment.”

The theme at bay had been “Optimizing the economic value of innovation & IPR in global market.” In respect of this central focus, common themes across panel discussions and workshops included IP management, monetisation, application drafting, and litigation, with particular emphasis on India’s ‘Pharma’ industry. Over 100 speakers and panelists shared their personal knowledge from experience in the industry, and largely consisted of representatives from law firms, IP consultancies, pharmaceutical companies, and business organisations; all of which from India, Europe and the USA. As an attendee representing the Centre for Internet & Society (CIS), a research institute that works to address issues related to intellectual property (IP) reform, I had the privilege of listening to such perspectives on intellectual property from an alternative outlook.

On the other hand, if exploiting too much by “abusing one’s monopoly, you are [setting] certain conditions, which are neither germane nor connected to the patent, and more than what is statutory permissible.” Kumaran stresses the necessity for the intellectual property right (IPR) holder to comply to the rights given by statutory law.

The name of the game is the quality of drafting. It is the first and last chance." Vaidya D.P.,

Lakshmi Kumaran & Sridharan

Mr. Narendra Sabharwal, Panellist and IPR-Chair for the Federation of Indian Chambers of Commerce (FICCI), sought to demonstrate the immense value of innovation and IPR in technology, arts and culture globally, in explaining that a large portion of the EU’s GDP (39%), and employment (26%) are derived from IP-intensive industries (See study by European Patent Office here). Also argued was that enterprises and institutions can increase value through licensing of products and services, while also serving as protection, and which can then become “excellent collateral for investors,” he says. Among other points made, Sabharwal mentioned the need for more incubators in India. Currently, India acquires 200 new incubators each year compared to China’s 8000 new incubators annually. Opening more incubators will encourage innovation, he argues, leading to more marketable products and solutions.

Mr. William H. Manning, Partner of Robins, Kaplan, Miller & Ciresi L.L.P (USA), took on the role of the story teller while sharing particularly interesting cases of previous clients. Manning had explained the necessity to ask one question over and over throughout the entire IPR application process; that question being: “What difference does the invention make?”

In doing so, Manning was even able to take what would have been an ‘incremental’ patent—which is just distinct enough from prior art to get by—and turn it into a ‘foundational’ patent—generally adopted by the industry for 10-20 years before moving to a different technology. The better of these two types, however, is the ‘pioneering’ patent, an inventive leap in itself. This client success story definitely affirmed Speaker and Director of Lakshmi Kumaran & Sridharan, Vaidya D. P., when he said that “the name of the game is the quality of drafting. It is the first and last chance.” Manning had also claimed that 99.9% of patent in India are said to be incremental patents, with none being pioneering—at least not from the patent applications he’s seen in his 34 years of experience, anyway.

Also a rule of this game is the “Take now—pay later” rule, according to Manning, in which enterprises may “ignore the problem for now and move ahead with the product. If somebody sues you for patent litigation…. Take now—pay later.” Here, he makes reference to the judgements enterprises may make when misusing or infringing upon an IPR, while assessing the worth of doing so with the risks that may lie ahead. Often, an enterprise may find that it is more worthwhile to misuse or infringe and reap the benefits in the “now” while knowing there may be a chance they will have to “pay later.”

Throughout the convention, what I expected to be the elephant in the auditorium was surprisingly addressed quite often. Best said by Panellist, Mr. Mohan Dewan, “IPR only becomes an asset when it is misused or infringed upon.” Principal to R K Dewan & Co., Dewan compares IP rights with car insurance, which can only be cashed in when the car is stolen.

Applying for an IPR is a game in itself, that requires much knowledge of how it is played. Grab those power-ups or get eaten.	He then posed the question “how can we increase the economic value of an asset?”—presumingly so that one can capitalize when opportunity comes knocking—and responded to it in recommending the following measures: 1) ensuring one’s IPR is as strong as possible by drafting it according to national standards, 2) optimal protection—it is easier to register more than one at once! 3) diligence in auditing and licensing, and 4) staying alert and questioning what people are doing around you. These are only a few excerpts of the event’s many talks and panel discussions, yet these insights alone help to reveal the nature of the system where intellectual property rights reign. This is surely a system to be familiar with if it is within one’s interest to receive IPR for protection, yet I find it difficult to stop at the word “protection.” When you must learn how to play the game to ensure that you stay in it, I would say that IPR can extend well beyond protection, to be better off referred to as strategy. A strategy that enables you to reach a higher level and protects you from your opponents’ wrath. The higher the level, the more power-ups in reach and the higher you go. All the while undermining their chances of climbing up to where you are, and knocking them to even lower levels when possible. Lucky for you the majority of players are still stuck at level 1, but the nasty ones may be right behind you.

Applying for an IPR is a game in itself, that requires much knowledge of how it is played. Grab those power-ups or get eaten.

He then posed the question “how can we increase the economic value of an asset?”—presumingly so that one can capitalize when opportunity comes knocking—and responded to it in recommending the following measures: 1) ensuring one’s IPR is as strong as possible by drafting it according to national standards, 2) optimal protection—it is easier to register more than one at once! 3) diligence in auditing and licensing, and 4) staying alert and questioning what people are doing around you.

These are only a few excerpts of the event’s many talks and panel discussions, yet these insights alone help to reveal the nature of the system where intellectual property rights reign. This is surely a system to be familiar with if it is within one’s interest to receive IPR for protection, yet I find it difficult to stop at the word “protection.” When you must learn how to play the game to ensure that you stay in it, I would say that IPR can extend well beyond protection, to be better off referred to as strategy.

A strategy that enables you to reach a higher level and protects you from your opponents’ wrath. The higher the level, the more power-ups in reach and the higher you go. All the while undermining their chances of climbing up to where you are, and knocking them to even lower levels when possible. Lucky for you the majority of players are still stuck at level 1, but the nasty ones may be right behind you.

For more details visit https://cis-india.org/a2k/blogs/the-game-of-ipr-insights-from-the-6th-global-intellectual-property-convention-in-hyderabad

Narendra Sabharwal 2

samantha — 2014-01-31T08:33:22Z

IPR-Chair for FICCI, Narendra Sabharwal, explains the immense value of IPR while serving as protection and collateral for investors.

For more details visit https://cis-india.org/a2k/blogs/copy_of_NarendraSabharwal.JPG