Centre for Internet and Society

The US 301 Report – A Myopic View of IP Rights

nehaa — 2015-06-24T15:35:29Z

Varun Baliga and Nehaa Chaudhari discuss the 2015 US 301 Report, focussing on its narrow and convenient understanding of IP rights. A farrago of contradictions, it supports a rightsholder-centric view but not when the right, Geographical Indicator, is not to their liking. Similarly, the emphasis on the rights themselves gives short shrift to critical exceptions and limitations that also enhance and incentivize innovation, the ostensible purpose of IP.

The US Trade Representative ["USTR"] is the office in charge of the United States Special 301 Report ["301 Report"] - an annual report on the state of intellectual property rights in countries around the world. The Executive Summary of the 2015 Report states that it is conducted "pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act (19 U.S.C. § 2242)". [1] The relevant excerpt of the provision states:

" The Trade Representative shall, by not later than the date by which countries are identified under subsection (a) of this section, transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights ."

The 2015 301 Report, much like its predecessors, prioritizes the existence of institutional mechanisms for the protection of intellectual property rights over the purported end goals of those rights, as argued by Shamnad Basheer.[2] The purported link between intellectual property and innovation, a key element of the CIS comment on the National IPR Policy , is not studied by the Report but simply assumed as a truism. In the usual criticism of India's laws, the Report notes that "IPR protection and enforcement challenges continue, and there are serious questions regarding the future of the innovative climate in India", operating on the assumption that IPR is the sole driving force of innovation. Instead, the Report is guided by the 'business climate' in a country as facilitated by its IP laws. To borrow from the EFF's incisive critique of this annual exercise, the 301 Report pressurizes India to criminalize the act of camcording in a cinema hall despite domestic copyright law that prohibits it subject to statutory exceptions.[3] Further, the Report finds India's compliance with the Berne Convention to be insufficient since 'business climate' favours as comprehensive an intellectual property regime as possible directed at the expansion of rights and the narrowing of exceptions critical to education and openness of knowledge.

International law on intellectual property is interpreted instrumentally by the drafters of the report. What this means is that IP is being viewed solely through the prism of national interest. A particularly egregious implication is being witnessed in the shift of preferred fora to discuss IP from bodies like the WIPO to trade-oriented platforms, a theme that is discussed later on in this piece. Further, Italy's notice and takedown regime is praised in the 2015 Report notwithstanding its procedure of obtaining an order of removal not from the courts but the Communications Regulatory Authority, against the Manila Principles of Intermediary Liability, an important albeit non-binding piece of state practice.[4]

Furthermore, the emphasis on the interests of rightsholders themselves coupled with enforcement seldom happens in a comparative context, in the Report. This means that the Report privileges the interests of rightsholders to the exclusion of any interest that the exceptions to copyright, for fair use and education for instance, may hold. The 2015 Report, for instance, notes positive developments in IP law as exclusively including the strengthening of the regulatory framework weighted in favour of rights. It fails to note the ratification of the Accessible Books Consortium or the Report of the UN Special Rapporteur Farida Shaheed on copyright policy,[5] implicitly signalling that the US does not consider these developments favourable. This is problematic at two level.

First, competing interests of free speech, open access to knowledge, education, public health are either downplayed or outright ignored. For example, the Report entirely ignores the work of WIPO on exceptions and limitations, and the Marrakesh Treat among the multilateral and plurilateral initiatives of note. Switzerland, for instance, is censured for the 2010 Swiss Federal Court decision that erred on the side of privacy by prohibiting Logistep from tracking IP addresses of entities accused of file-sharing.[6] Even in the emphasis on rightsholders, the 301 Report reeks of hypocrisy and doublespeak. Gabriel J. Michael notes that the 301 Report criticized the European Union for having too much protection of IP through geographical indicators (GI). So, IP protection appears to be an unreserved good as long as it's the right kind of IP as determined by the United States.

" For example, by any reasonably objective standard, the European Union offers very high levels of IP protection. Yet as recently as 2006, Special 301 listed the European Union on its watch list, citing "concerns" about the EU's geographical indication (GI) regime. Given that GIs are a form of intellectual property, USTR essentially placed the EU on its watch list for offering too much IP-or, if you prefer, the wrong kind of IP. Interestingly, this is a tacit admission by the U.S. that at least some kinds of IP can act as trade barriers ."[7]

Second, the 301 Report operates on the assumption that intellectual property is a right in rem. It does not even attempt to engage with the notion of IP as a public right. This is a direct implication of the methodology of the Report that privileges the simple existence of IP frameworks and enforcement mechanisms over a more substantive examination of the causal nexus between IP and its purported raison d'etre. Therefore, the interpretive approach of the 301 Report towards intellectual property law construes it not as a means to ends but as an end in itself.

What Does This Mean?

Finally, there are two implications of this approach to IP rights. The first is on the Report's words on India this year. Credit is given to India for establishing the High Level Working Group on Intellectual Property ["IPR Working Group"]. The purpose of the Working Group is said to be to "enable India to achieve its important domestic policy goals of increasing investment and stimulating innovation through, not at the expense of, IPR protection and enforcement". The façade of public interest behind which the 301 Report attempted to operate is finally off, one might say. IP exists, it seems, to facilitate not broader goals of public interest but investment and innovation within the myopic interests of 'rightsholders'. Paradoxically, however, the Report does call for more consultation on the First Draft of India's National IPR Policy - a noteworthy development, although inconsistent with the tenor of the rest of the Report. Second, the 301 Report as a reflection of American foreign policy goals is now being understood through the lens of ongoing trade negotiations. This steady shift in the preferable forum for IP negotiations from inclusive and democratic platforms, such as WIPO, towards restrictive and secretive ones, such as the WTO, is driven by regressive notions of IP as reflected in the 301 Report. Signalling a move towards a state-centric approach heralded by the United States, critical non-state actors from civil society find it increasingly difficult to exercise agency in these negotiations. While WIPO provides space for non-state actors such as non-governmental organizations to represent their positions and aid states with research, trade negotiations shunt civil society. The cloak and daggers approach of the United States Government towards the Trans-Pacific Partnership Treaty,[8] brought to some light with recent votes in the US Congress, negotiations contrasted with the democratic and open nature of the negotiations surrounding the Marrakech treaty underscores the important difference in approach.[9]

As a result, the civil society finds itself unable to counterbalance the power hierarchies entrenched in international relations as it has done, for example, with the attempted imposition of TRIPS-plus standards through bilateral and multilateral agreements. A state-centric approach makes it easier for larger economies to coerce smaller and dependent countries to draft laws with little regard for limitations and flexibilities that are key for innovation and standard of life in large swathes of Global South - peoples who cannot afford the costs of IP protected-innovation. Further, issues of IP and trade are not pertinent solely to states but are increasingly driven by and relevant to a raft of non-state actors. Any policy that does not actively seek to include these stakeholders in the decision making process is destined to fail. Therefore, on both principled and consequentialist grounds, the Special 301 Report deserves very little attention from the international community.

[1] Full text of the provision available at https://www.law.cornell.edu/uscode/text/19/2242.

[2] http://indianexpress.com/article/opinion/columns/these-rancid-rankings/99/

[3] https://www.eff.org/deeplinks/2015/04/special-301-balance-not-found

[4] https://www.eff.org/deeplinks/2015/04/special-301-balance-not-found ; https://www.manilaprinciples.org/

[5] http://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/28/57 .

[6] http://arstechnica.com/tech-policy/2010/09/switzerland-gathering-ip-addresses-from-bittorrent-sites-illegal/

[7] https://topromotetheprogress.wordpress.com/2014/06/05/special-301-is-it-effective/ ;

https://www.techdirt.com/articles/20140612/17435227561/ustrs-special-301-list-naughty-countries-without-strong-enough-patent-copyright-laws-is-complete-joke.shtml

[8] http://www.politico.com/magazine/story/2015/05/tpp-elizabeth-warren-labor-118068.html#.VWvcMk-qqko ; http://www.ip-watch.org/2015/04/23/divide-and-conquer-the-new-us-strategy-to-disentangle-the-tpp-negotiations/

[9] http://www.ip-watch.org/2013/12/19/wipo-delegates-hear-concerns-of-ngos-on-exceptions-for-libraries/

For more details visit https://cis-india.org/a2k/blogs/us-301-report-a-myopic-view-of-ip-rights

The STI Policy Proposes a Transformative Open Access Approach for India

sinha — 2021-04-28T17:22:43Z

Anubha Sinha explains what the draft national Science, Technology and Innovation policy means for open access to scientific literature for Indians. This article was first published in The Wire Science on January 21, 2021.

Indians may soon be able to read scientific papers for free.

Reading scientific papers is currently an expensive affair. Many scientific journals charge a couple of hundred dollars for a single article. Under a proposed ‘One Nation, One Subscription’ plan of India’s fifth (draft) Science, Technology and Innovation (STI) Policy, the government will negotiate with journal publishers to enable access for everyone. The policy also suggests that research produced in Indian publicly funded institutions be made freely accessible to everyone, at the time of publication.

These proposals are a big shift in how we learn and do science, as a country. The previous edition of the policy (2013) did not even recognise affordability or availability of scientific literature as problems. While ‘One Nation, One Subscription’ could alleviate this issue partly, its success will depend largely on how negotiations with publishers materialise. The approach is uncommon: it has been tried in two countries, with limited success, as I discussed here, in an analysis of the idea’s feasibility.

While it is crucial for people to be able to access locked-in research, it is equally important to address the practices that prevent research from being openly accessible in the first place.

The STI policy prescribes a green open access (OA) approach to ensure that research output and data produced with public funds are immediately accessible to the people – as opposed to taxpayers funding the research and paying again to access the results. Under green OA, researchers will be obligated to place their publications and data in online repositories, without any restrictions on how the output may be used.

Individual research and funding agencies, such as the Departments of Science & Technology and of Biotechnology, the Indian Council of Agricultural Research and the Wellcome Trust adopted green OA a while ago. A national STI policy stands to provide an extra impetus to adopt and enforce it.

These promising shifts come at a time when the biggest research publishers have launched a copyright infringement lawsuit in India to block Sci-Hub and LibGen on the Indian web. Sci-Hub and LibGen host copyrighted and paywalled research articles and ebooks. Anyone can download this material for free from their servers. As such, these ‘shadow libraries’ serve a vital function for everyone, and the Delhi high court has already deemed this litigation to be one of public importance. The Indian scientific research community will be intervening as well. While the case will proceed at its own pace, it would definitely be in the public interest for the STI policy to implement green OA as a mandatory requirement.

It is also notable that the policymaking process was a collaborative effort by academics, scientists and policymakers. There were multiple thematic consultative rounds with stakeholders. It has been heartening to see the results of a democratic consultation reflected in our national open access approach.

However, as is the case with high-level policies, bringing meaningful implementation often requires more operational and committed work at all levels. It would be a shame to not capitalise on the direction and vision of OA as described in the policy.

Access this article on The Wire Science here.

For more details visit https://cis-india.org/a2k/blogs/the-sti-policy-proposes-a-transformative-open-access-approach-for-india

The Relaunch of Creative Commons India

praskrishna — 2013-12-11T08:12:50Z

Wikimedia India, the Centre for Internet and Society, and Acharya Narendra Dev College invite you to the Relaunch of Creative Commons India in New Delhi on November 12, 2013 with the Minister of State for Human Resource Development Dr. Shashi Tharoor as the Chief Guest.

What is Creative Commons?

Creative Commons is a non-profit organization headquartered in Mountain View, California, United States, devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons licenses free of charge to the public. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators.

In simple words, Creative Commons helps you share your knowledge and creativity with the world.

Some more facts about Internet licenses

Ever wondered what "Some Rights Reserved" means?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include the right to reproduce, distribute, display, make adaptations, perform, sell and so on. The phrase “All Rights Reserved” is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rightsholder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call "Some Rights Reserved."

Is Creative Commons against copyright?

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rightsholders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

Relaunch

Dr. Savithri Singh, Principal, Acharya Narendra Dev College will be the Master of Ceremony and the Moderator for the sessions:

Time	Detail
16.00 16.30	Shashi Tharoor, Minister of State for Human Resource Development, Government of India: Initiatives of MHRD around Openly Licensed Content
16.30 16.45	Question and Answer Session
16.45 17.00	Sam Pitroda (TBC), Adviser to the Prime Minister on Public Information Infrastructure and Innovations: Creative Commons and Open Government Data
17.00 17.05	Question and Answer Session
17.05 17.25	Rohini Nilekani, Chairperson, Pratham Books: Creative Commons and Pratham Books Case Study (Including Question and Answer Session)
17.25 17.40	Moksh Juneja, President, Executive Committee, Wikimedia India Chapter: Creative Commons and Wikipedia (Including Question and Answer Session)
17.40 18.00	Lawrence Liang, Co-founder of Alternative Law Forum: Creative Commons and Open Access to Scholarly Journals (Including Question and Answer Session)
18.00	Tea

VIDEO

Registration

Please register here to attend the event: http://ccindia.doattend.com/ Registration is free.
Please carry a soft or hard copy of the confirmation email to the venue.
Seating will be on first come first served basis.

Invite to the Relaunch of Creative Commons India

Link to the meta page on Wiki: http://wiki.wikimedia.in/Events/Creative_Commons_India_launch

For more details visit https://cis-india.org/openness/events/relaunch-of-creative-commons-india

The Procedure of CCI in cases of Anti-Competitive Agreements and Abuse of Dominant Position: A Flow-Chart

Sarthak Sood — 2015-11-24T13:59:11Z

The Competition Act, 2002 defines and prohibits two things- Anti-Competitive Agreements, and Abuse of Dominant Position. The cases under the Competition Act are adjudicated upon by a special tribunal called the Competition Commission of India. As with any judicial or quasi-judicial authority, the Commission is bound by certain procedures to give effect to its duties. The following flow-chart, then, explains such procedures as followed by the CCI in adjudicating upon matters concerning anti-competitive agreements and abuse of dominant position.

Nehaa Chaudhari provided feedback, inputs and edits to this post.

For more details visit https://cis-india.org/a2k/blogs/the-procedure-of-cci-in-cases-of-anti-competitive-agreements-and-abuse-of-dominant-position-a-flow-chart

The perils of not protecting intellectual property for new ventures

praskrishna — 2015-03-20T13:55:55Z

Soothe Healthcare's big dilemma ahead of the launch of its affordable sanitary napkin was whether or not to patent the technology and design.

The article by Evelyn Fok and Shonali Advani was published in the Economic Times on March 20, 2015. Sunil Abraham gave his inputs.

"At this point, it's not worth the risk-reward," said Sahil Dharia, managing director of the two-year-old startup. "It's an acceptable loss." The startup world has two kinds of entrepreneurs: those who patent their ideas, and those who don't.

Dharia falls in the latter category, and with good reason. He would rather Soothe use its capital to build the brand, Paree, than to fight lawsuits over infringements. In the first group are a small number of hardware product startups following strong intellectual property traditions established abroad, both for legal protection and to be taken seriously by investors.

As a long-term business strategy, protecting a company's intellectual assets has its advantages. For instance, a patent would allow a startup to expand to new geographies quicker by entering into licensing agreements with other firms. But given that acquiring and protecting an intellectual property right is tedious and expensive, it is not an easy decision for startups.

"There is definitely a risk when these businesses accumulate market or technology, when they have huge revenues and are sitting on cash reserves. Competition will use every possible lever against them," said Sunil Abraham, executive director of Bengaluru-based research organization Centre for Internet and Society.

As a startup matures in terms of size and scale, the importance of intellectual property becomes evident, particularly when raising funds. "Having an IP portfolio is valuable if the company is being acquired by a larger company that can leverage and protect the IP," said Sandeep Singhal, co-founder and managing director of Nexus Venture Partners. Nexus has backed product startups such as solar firm d.light and enterprise solutions company Druva, which has registered patents abroad. "While valuation is not determined by IP, we look at a business plan that has proven differentiated IP than without," Singhal said.

"It is like a double-edged sword. Patenting is very expensive, but if somebody else is doing something similar and they patent it, you could be out of business," said Abhishek Latthe, founder of two-year-old Internet of Things company SenseGiz, which filed for two patents last year on product and algorithmic design. The company has sold 20,000 units of its first product, a bluetooth tracking tag, and is in talks to raise capital.

Patent litigation in India is still at a nascent stage, bogged by inefficient and inconsistent courts. "A lot of out-of-court settlements happen, and the compensation that courts are awarding for IPR infringements are still not very high - Rs15 lakh is one of the highest I've seen," said Abhishek Pandurangi, partner at Mumbai-based law firm Khurana & Khurana, which advises startups on IPR.

Taking the longer view, Indian startups -especially those focusing on the US market that is awash with non-practicing entities or so-called "patent trolls" - have taken steps to license their intellectual property, often in focus markets with strong IP regimes such as the United States, Singapore and Europe. Software startups, the bulk of India's startup ecosystem, are divided on the issue. Given the rapid innovation cycle that renders most new technology irrelevant in six months, any effort channeled into protecting intellectual property seems futile.

Besides, many budding startups cannot afford to file a patent. Taking into account attorney and agent costs, registering a patent could cost up to Rs 5 lakh in India and Rs 10 lakh in the United States. The effort can take up to 9 years, or, given that patent decisions highly depend on local policy, "go down the drain," as one IP researcher put it. According to the Indian Patents Act, 1970, mathematical methods, computer programmes and algorithms fall under the category of "Inventions not Patentable," meaning that software innovations cannot be patented in India.

For many entrepreneurs in India, intellectual property is not core to their company's value or business model. They prefer instead to focus on priorities that pay off in the short term - acquiring customers, developing products and raising funds. "There is no reason to patent sometimes," said Jayesh Badani, founder and chief executive of innovator marketplace Ideaken.

The Centre for Internet and Society found that of 93 mobile app developers in India who were surveyed for a study last year, only 20% had acquired patents to protect their products, and 26% were concerned about their work being infringed. Patent grants to Indian applicants grew 45% between 2002 and 2013, compared with 300% for foreign inventions, show data available from the Controller General of Patents, Designs, and Trademarks.

Consider the case of Jaydeep Mandal, a 29-year-old inventor who won a national invention award while an engineering student in Calcutta, which paid for him to patent his technology. Today, he is a managing director at four-year-old Aakar Innovations, which spent a year-and-half developing a machine that produces compostable menstrual hygiene products. The company has filed patents in India, Bangladesh and Cambodia.

"I learnt the importance of IPR from day one so I'm concerned, but many entrepreneurs would not know how important it is. That's how many individual innovators lose out," Mandal said. Dharia of Soothe Healthcare has a different take on this. "If I had lots of money I would patent," he said. "But I believe in free markets - people will copy design and that is how the market raises its standards, and it forces me to innovate again."

For more details visit https://cis-india.org/a2k/news/economic-times-evelyn-fok-shonali-advani-march-20-2015-the-perils-of-not-protecting-intellectual-property-for-new-ventures

The Newly Updated Indic Keyboard App Now Supports 22 Asian Languages

subha — 2016-06-18T18:21:03Z

This blog post was written in my personal capacity.

The blog post was published by Global Voices on June 12, 2015.

The Indic Project, which belongs to the Indian non-profit Swathanthra Malayalam Computing (SMC), has released a new and significantly upgraded version of its input app “Indic Keyboard” for the Android mobile operating system. This major update comes roughly one year after the app's initial release in March 2014.

Indic Keyboard now supports 22 Asian languages, including 18 Indian languages apart from English, and 54 input layouts. The 23 supported languages are Assamese, Arabic, Bengali, Burmese, English, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Manipuri, Maithili, Marathi, Mon, Nepali, Odia, Punjabi, Sanskrit, Santali, Sinhala, Tamil, Telugu, and Urdu. On its company blog, SMC lists the various features included in the new update:

Addition of 7 new languages and several new layouts.
We now support 23 languages and 54 layouts in total.
All new Setup wizard makes it simpler for you to get started.
Material design, ability to changes themes.
Material white, Material dark, Holo blue and Holo white themes are available.
Intelligent word suggestion for transliteration – type faster with fewer keystrokes.
For languages with complex letters we now have the ability to type ZWJ and ZWNJ characters directly.
Arabic keyboard – by popular demand.
Code base is updated to support Android Lollipop edition.
A number of bug fixes (e.g. 1 and 2).

So far, the updated keyboard is enjoying a warm response from users:

20,000 people upgraded Indic Keyboard in first 2 days after its new release.

— Jishnu (@jishnu7) May 30, 2015

Brilliant for #Android users interested in writing in their mother tongue. Indic Keyboard v 2.0 supports 23 languages http://t.co/ZVoWuMPFai

— Karthik Subramanian (@chennaikat) May 29, 2015

One commenter writes:

Vernacular computing is a blocker for the complete roll out of computers and Internet to the world. Projects like these are welcome patches to fix that issue.

Typing on touch-screens can be rethought. Especially when it comes to Indic languages which have about double the number of characters compared to English. We shouldn’t constrain our minds to think in traditional layouts. Transliteration is a very good idea. But it puts the dependency back on English. We need radicalize the input methods for non-English languages and avoid the dependence of English altogether.

Anivar Aravind, Executive Director of Indic Project at SMC, and Jishnu Mohan, a Project Administrator at SMC, recently sat down with Rising Voices to discuss the updated app.

Rising Voices (RV): What was the objective behind bringing this mobile app for Indian languages? What has been Indic Project's core motivation?

Anivar Aravind (AA): Indic project focuses on community powered Research and Development of free and open source Indian language information infrastructure for majority of India that does not speak English. “It is pretty clear that unlike most other countries, India will be a “mobile-first” country because the first computing device for most Indians will be the mobile and not the PC.

RV: Why you think language display and input are important for Indian users?

AA: Unavailability of Indian Language interfaces, keyboards and fonts limits freedom of expression of people in their native languages and prevents them from tapping the full potential offered by smart phones and Internet. We believe all mobile users must able to read and write in their native language using their choice of layout. Indic Keyboard is coming as a part of our effort for digital inclusion on the mobile frontier.

RV: What is the reach of the app at this moment?

AA: Indic Keyboard received good user base of 168K+ downloads so far, primarily based on user reviews, without any advertisements and promotions.

RV: Can you share how Indic Keyboard was conceived and has grown?

AA: Indic Keyboard was started as a personal project by Malayalam-language computing advocate and developer Jishnu Mohan in 2013, is later upscaled into a community project collecting Indian language layouts suitable for mobile devices, updated and maintained by the free and open source community.

RV: Jishnu, as the core developer on this project, can you tell us how you overcame major roadblocks while designing Indic Keyboard?

Jishnu Mohan (JM): Absence of fonts in Android operating system was the major roadblock in increasing the language coverage. Android 4.4 supported only few Indian scripts, but some vendors like Samsung included more Indian language scripts. So we decided to go with 16 language support in Indic Keyboard 1.0 version last year. Since Android 5.1 has increased script coverage, we were able to support more languages in this 2.0 release.

RV: What were the other major challenges you faced, Anivar?

AA: The initial challenges of bringing a mobile input layout were many; from building dictionaries to the user interface. Google's Android Open Source Project (AOS) was used as a base for building this app where the keyboards that were integrated came from various sources. Keyboard layouts are not copyrighted and this was very useful for us to use a popular layout like Tamil99 for Tamil or another popular layout like Lekhani that was developed by the Odia Wikimedia community.

Happy to see Script support for Odiya , Saurashtra , Meetri Mayek, Lepcha, Limbu, Ol chikki (Santhali), Sylheti Nagari In Android 5.1

— indicproject (@indicproject) March 15, 2015

RV: How was Indic Project started and what have been its major accomplishments, so far?

AA: During 2005-2008 major ground work was done for localization support in Indic languages and overall improvement of communication using Indian languages. By 2009 web based technology were became our focus which oriented towards building and improving mobile applications for more users reading and writing in their native Indian languages. The project upscaling and 1.0 release of project was part of with the SMC-ICFOSS collaboration as a part of Department of Telecommunications (DIT) Android R & D Project of the Government of India. The project also received another grant from ICFOSS via Government of Kerala's Malayalam Computing project.

RV: What can you tell us about your work in policy-level lobbying and negotiations?

AA: We have done some work in policy front and recently submitted a policy brief requesting the government to mandate the inclusion of at least one Indian language font and one keyboard layout of all 22 official languages recognized as per 8th schedule of the Indian constitution in all smart phones and tablets selling in India.

RV: How did you reach so many users? What are your future promotion plans?

AA: The most important reason why Indic Keyboard reached out to 200k users with over 100k downloads is because of it not bringing up new keyboard layouts where as almost all other mobile input apps have their own proprietary layouts that users take time to learn and use.

RV: What are the difficulties of reaching out to masses of people?

AA: Many of the layouts were already popular and it was an added benefit for the primarily targeting people who know about inputting in their languages. Partnerships with mobile manufacturers and integrators this year for adoption of these keyboards. So users can get Indian language experience via vendor firmware itself without any extra download. Indic Keyboard liberated Indian language input in mobile devices and we want to port the same experience to all emerging mobile platforms.

RV: Are there any final comments or bit of information you'd like to share?

AA: Continuing research and development in this domain including ability to download of dictionaries for user preferred languages, increasing coverage to all 22 official languages in India, developing an free software library for gesture typing and building support for predictive input will be our main focus in the future.

As a promoter and developer of free and open source language technology, SMC plans to focus more on cross-platform mobile input-library-building and policy-level adoption for language input and other language technology advancements in the near future. SMC says it's currently in talks with the Indian government about mandating native keyboards on smart phones.

The keyboard can be downloaded from the Google Play store at http://j.mp/indicmal and also from the software repository at Gitlab at https://gitlab.com/smc/indic-keyboard.

For more details visit https://cis-india.org/openness/blog-old/the-newly-updated-indic-keyboard-app-now-supports-22-asian-languages

The new Guidelines for Computer Related Inventions are a big win for FOSS in India!

sinha — 2016-02-24T06:30:37Z

India is one of the few countries which permits patenting of software – a monopolization that has only benefited established corporations and largely throttled innovation in the software industry, worldwide. CIS has consistently advocated against patentablity of software and in a major victory last week, software patenting in India died a little more. This happened via the newly issued Guidelines for the Examination of Computer Related Inventions, which introduces a new test to restrict software patenting – in essence the same legal test that CIS had been proposing since 2010. This post highlights the new test and other noteworthy changes in the Guidelines.

When the Guidelines for examination of Computer Related Inventions(“ 2015 Guidelines”) were released last year, it became obvious that they would have an adverse impact on innovation in the Indian software industry. Further, the 2015 Guidelines were legally defective since they ran counter to the object of Section 3(k) of the Patents Act, 1970, which is to unconditionally exclude mathematical and business methods, computer programs per se, and algorithms from patentable subject matter. To stop and prevent egregious harms, civil society organisations collectively wrote to the Prime Minister's Office flagging off the defects and requested for a recall of the Guidelines. In December 2015, the Indian Patent Office promptly recalled the 2015 Guidelines and held a consultation to discuss the concerns raised in the letter.

Based on submissions by various stakeholders, the Patent Office released a new set of Guidelines(“Guidelines”), which are not only a staggering improvisation from all previous versions, but also introduce a new three step test to determine applicability of section 3(k), an area of Indian patent law that has been notoriously full of uncertainties:

5. Tests/ Indicators to determine Patentability of CRIs (“Computer Related inventions”):

Examiners may rely on the following three stage test in examining CRI applications:

(1) Properly construe the claim and identify the actual contribution;

(2) If the contribution lies only in mathematical method, business method or algorithm, deny the claim;

(3) If the contribution lies in the field of computer programme, check whether it is claimed in conjunction with a novel hardware and proceed to other steps to determine patentability with respect to the invention. The computer programme in itself is never patentable. If the contribution lies solely in the computer programme, deny the claim. If the contribution lies in both the computer programme as well as hardware, proceed to other steps of patentability.

CIS had proposed the exact same test in its earlier submissions(2010) to the Patent Office, albeit worded differently. We submitted:

"We propose a new part to the above test to make the clause clearer. The Manual should specify that “the computer programme portions of any claimed invention should be treated as if it were covered by prior art and patentability should thus be determined with respect to the other features of the invention”. This way, we can ensure that an invention which merely uses or implements a computer programme is not granted patent on the basis of the inventiveness of the computer programme per se."

Further, the Guidelines also recognise that CRIs may fall under sections 3(k), 3(l), 3(m) and 3(n):

2.2. The Patents (Amendment) Act, 2002 also introduced explicit exclusions from patentability under section 3 for CRIs as under:

3(k) a mathematical or business method or a computer programme per se or algorithms;

(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

(m) a mere scheme or rule or method of performing mental act or method of playing game;

(n) a presentation of information;

And thus CRIs as such cannot be patentable, if they fall in either of the above mentioned exclusions. Overall, the new Guidelines offer more clarity and stick to the Patents Act, 1970's intention of disqualifying patentability of computer programmes per se. We will soon post a detailed analysis of the Guidelines. In the meantime, you may read CIS' research on the subject in the section below.

CIS' Research and Submissions against Software Patenting

Over the past years, CIS has produced research and consistently made submissions advocating the roll- back of software patenting:

Arguments Against Software Patents in India, 2010

CIS Submission on Draft Patent Manual, 2010

Comments on the Draft Guidelines for Computer Related Inventions, 2013

Guidelines for Examination of Computer Related Inventions: Mapping the Stakeholders' Response, 2014

Comments on the Guidelines for Examination of Computer Related Inventions (CRIs), 2015

CIS' submission to Indian Patent Office on Examples of Excluded Patentable subject-matter under Section 3(k) for incorporation in the yet-to-be-released Guidelines for Computer Related Inventions, 2016

For more details visit https://cis-india.org/a2k/blogs/the-new-guidelines-for-computer-related-inventions-are-a-big-win-for-foss-in-india

The Law and Economics of Copyright Users Rights

praskrishna — 2013-09-06T06:25:35Z

Program on Information Justice and Intellectual Property, American University Washington College of Law is organizing a conference on law and economics of copyright users at Massachusetts Ave., NW, Washington DC, on September 26, 2013. Sunil Abraham will present an update on the Pervasive Technologies project as keynote at this meeting.

Click to read the original announcement published by the Washington College of Law here.

2:00	Welcome by PIJIP Director Michael Carroll
2:15	Copyright Flexibilities and Social and Economic Development: Current State of Knowledge Moderator: Walter Park, American University Department of Economics (Bio) Christian Handke, Erasmus University Rotterdam (Bio) Joost Poort, University of Amersterdam (Bio) Piotr Stryszowski, Organisation for Economic Cooperation and Development (Bio) Rokia Alavi, International Islamic University of Malaysia (C.V.)
4:00	Break
4:15	Roundtable: Copyright Users Rights in Law Reform Moderator: Sean Flynn, American University Washington College of Law Jeremy Debeer, University of Ottawa, Canada (Bio) Rebecca Giblin, Monash University, Australia (Bio) Caroline Ncube, University of Cape Town, South Africa (Bio) Alberto Cerda, Georgetown University and Universidad de Chile (Bio) Martin Senftleben, University of Amsterdam (Bio)
6:00	Break
6:15	Keynote: Sunil Abraham, Center for the Internet and Society – India (Bio) Users Rights and Innovation in the ICT Industries in India
7:00	Reception (Room 600)

For more details visit https://cis-india.org/news/pijip-september-26-2013-the-law-and-economics-of-copyright-users-rights

The largest Wikipedia gathering in South Asia kicks off

subha — 2016-08-06T17:11:39Z

Wikimedia Conference 2016Wiki Conference India 2016 (WCI), the largest gathering of contributors to Wikipedia and its sister projects in South Asia, will be held during August 5-7 this year in Chandigarh, India.

This was published Opensource.com on August 5, 2016

The first iteration of this event was five years ago in 2011. The event is focused around South Asian language Wikipedias and Wikimedia projects. Hundreds of participants, including over 100 scholarship holders from India, Pakistan, Nepal, Bangladesh and Sri Lanka, will participate in this three-day event. A team of volunteers representing several Wikimedia communities across the country and three Wikimedia affiliates—Wikimedia India, Punjabi Wikimedians and Centre for Internet and Society's Access to Knowledge program—are working together to make this event a success.

Several Wikimedia project and program-related talks, meetups and thematic workshops, focused on technology, program design, volunteer leadership building and engagement, gender gap in Wikipedia, global reach, and education, will keep the participants occupied. There will be separate technical tracks, which were chosen from the results of a pre-event needs assessment survey to ensure that community needs are met. Prior to the conference, a month-long edit-a-thon has been running in twelve South Asian language Wikipedias, and one European language Wikipedia (Ukrainian Wikipedia). The focus of this sprint was to expand the content reach of Wikipedia on Punjab, Punjabi people, and their language and culture as the event is happening in Punjab. So far, more than 1900 articles have been created by about 150 Wikipedians, and the edit-a-thon will be also running during the conference to keep the option of creating more articles open to the participants. Some of the guests includes Wikimedia Foundation's board member Nataliia Tymkiv, the organization's newly promoted executive director Catherine Maher, Punjabi-language poet Surjit Patar and Internet freedom advocate and Centre for Internet and Society's Executive Director Sunil Abraham.

As compared to the last WikiConference India, this conference has more thematic focus, especially on challenges like the gender bias on Wikipedia, and emerging projects like the Wikipedia Education Program. There are as many as six presentations related to gender gap, and six more related to education program.

There has been constant engagement on both on Facebook and Twitter with the hashtag #WCI2016. Some of the most-used basic phrases in the Punjabi language have been recorded and shared to the participants from outside the region to communicate with the locals.

For more details visit https://cis-india.org/a2k/blogs/opensource.com-subhashish-panigrahi-august-5-2016-largest-wikipedia-gathering-in-south-asia-kicks-off

The Knowledge Base is Liberated

Subodh Kulkarni and Madhav Gadgil — 2019-08-05T23:04:33Z

The article published in Sunday supplement of Loksatta newspaper of Express group, written jointly by Madhav Gadgil & Subodh Kulkarni summarises - the status of searchable open knowledge available on web, eagerness of youth generation across the social strata to access knowledge on new gadgets and the approaches to build resources in Marathi on web harnessing potential of Wikimedia projects. It also elaborates major three breakthroughs – Free & open source software movement, Unicode revolution and development of collaborative knowledge building and sharing free platforms like Wikimedia projects easily accessible to people in their own languages.

The article by Subodh Kulkarni and Madhav Gadgil titled ज्ञानभांडार मुक्त झाले.. in Marathi was published by Loksatta on August 3, 2019.

In 2020, Maharashtra state is celebrating its 60th anniversary, it is also 100th death anniversary of Lokmanya Tilak while the state has recently celebrated 100th birth anniversaries of Lokkavi Annabhau Sathe and Lokshahir Amar Shekh. These three social reformers and prolific writers had shaped the socio-political history of Maharashtra. On this occasion, appeal is made to the Marathi community for bringing the complete works of these three reformers in Wikimedia projects in searchable & freely accessible form. It is also mentioned that these efforts are being facilitated by Centre for Internet & Society and other like-minded organisations. The aim is to complete this project before Marathi language day in February 2020.

For more details visit https://cis-india.org/a2k/blogs/loksatta-august-3-2019-subodh-kulkarni-and-madhav-gadgil-the-knowledge-base-is-liberated

The joys of being a Wikipedian

praskrishna — 2014-07-30T05:19:16Z

Radha Krishna, an engineer, had always wanted to share information online so that people who wanted to learn more could just log in and benefit by reading his articles. Eight years ago he started his own website for this very purpose. But he found it hard to maintain the site. He then chanced upon Wikipedia, the largest open-source encyclopedia, which was then just becoming popular in the country.

The article by Svetlana Lasrado was published in the New Indian Express on July 29, 2014. T. Vishnu Vardhan gave his inputs.

He registered an account on the website and started contributing to it by editing articles and adding references. Krishna, who has contributed over 4000 articles so far, prides himself on being one of the first few Wiki editors from Bangalore.

Komal Khatokar, on the other hand, has not spent as much time on the site as Krishna.

This 19-year-old B Com student of Christ University had to contribute one article to the Indian language Wikipedia last year as part of her assignment in a language of her choice, Sanskrit. She says, “I wrote an article on G V Iyer, who was the first person to direct a movie in Sanskrit.”

But it did not stop there. Last May, she took up an internship project with The Centre for Internet & Society (CIS), which acts as a catalyst for the Wikipedia movement in India. She wanted to explore the world of Wiki writing.

“I took part in a project to add articles from the Kannada encyclopedia online. We uploaded over 1200 articles, which will go live on the main website in October.” Komal now edits copies on the site and despite her hectic college schedule, wants to continue contributing to Wikipedia in any way that she can.

Anybody with an Internet access can edit an article on Wikipedia. Globally, the English Wikipedia has over 4 million articles and there are over a million registered users.

And in Bangalore, from just 10 members five years ago, there are now over 100 registered volunteers who contribute to the website on a daily basis, says Vishnu Vardhan, from CIS and adds, “Now, the maximum number of Wikipedians from India are from Bangalore and majority of the founding members of the Wikimedia India Chapter are also from here.”

Apart from English content, world over Wikipedia has many regional chapters covering over 200 languages to increase representation of region-specific content. In India, the Access to Knowledge programme developed by CIS works towards the growth of Indian language Wikipedias. In this regard, Vishnu states that Bangalore has a majority of active Kannada Wikipedia volunteers and is the single largest location for active Malayalam Wikipedians. Bangalore is also the second largest location for Telugu Wikipedia community after Hyderabad, he observes. The strong volunteer community is involved in the Wiki movement in ways more than one.

Different ways to contribute

Jeph Paul is not a Wikipedian in the traditional sense of the word. Why? Because he doesn't contribute or edit articles on the website. What he does is very technical. He develops tools and gadgets for Wikipedia in India to enhance user experience. Jeph got involved when Wikipedia started providing grants of up to $30000 to people who wanted to improve the usability and functionality of the website. Jeph applied and received $500 for his project. His project was simple -- he created a visual representation of how an article evolved. He explains, “There are over 100 editors who pore over just one article and modify it — the edits can be a sentence that is rewritten, a reference link added or citations made. But the changes are a lot and minute. I created a tool where people could see what changes are made and how the article evolves over a period of time.”

Besides developing tools and software, Jeph points out that users can generate visual content. For instance, there are some topics such as historical monuments which require visual documentation. Users can submit their visual repository to Wikipedia to enhance text content.

Wikipedia Caveats

Wikipedia, globally ranked sixth among all the websites based on web traffic, has laid down a list of rules and guidelines which users are required to follow. For instance, when one edits articles, one should avoid personal opinions. Komal cites a recent furore when there were slanderous remarks made against actor Ambarish.

“Such personal opinions should be reserved for blogs. Wikipedia is a public domain website. Hence, when you become a contributor, you have a certain responsibility. You should refrain from portraying biased sentiments through your articles,” she observes. Contemplating on this, Komal adds that Wikipedians should not fabricate content. "They should only include what’s already published and authenticate it using a credible source," she adds.

Another rule that is of utmost importance is compliance with copyright. Radha Krishna explains, “If you want to include information from a website or article, you can't copy the text verbatim. You have to analyse the content and paraphrase it based on your own understanding, citing legitimate references.”

When in doubt, the Wikipedians assert, it is always best to take help from other editors and collaborators through the ‘Talk’ option on the website or through monthly meetings.

It's easy to be a Wikipedia contributor:

Register: Although a visitor can edit articles, it is good to register to keep a record of your edits. You will also get an access to Wikipedia’s enhanced editing features.

Start with editing: Click the ‘Edit’ tab on the article’s page to modify the copy -- check typos, grammar, sentence structure and add an explanation. For example, if it is a spelling correction, add 'Typo'.

Preview: After editing, see a preview of the modifications by clicking ‘Show Preview’.

Save: Then save the changes by clicking the ‘Save Page’ tab.

Format: Wiki uses a markup language called wikitext to format text. Acquaint yourself with this language by reading the online tutorial. For instance, you can change a text to bold or italics by surrounding a word or phrase with multiple apostrophes.

Link: You can add inline citations by linking a word to another Wikipedia page. To do so, put the word in double square brackets. You can also change the display text.

Categorise: Add categories near the bottom of the article by typing the topic using Category:

Add footnotes: You can add reference tags around your source using <ref>Your Source</ref>.

Add external links: To add a link to an external credible website, type the URL inside a single set of brackets, followed by a space and the text to be displayed.

Talk to other editors: Use talk pages to discuss articles or any issues with other Wikipedians.

For a detailed tutorial on how to edit an article, visit http://en.wikipedia.org/wiki/Wikipedia:Tutorial

Wiki meets and awareness programmes: Since 2010, the Bangalore Wikipedia community has conducted over 40 meet-ups, according to Vishnu. “This helps increase participation among all volunteers, improves engagement and understanding of the work that is being done on an ongoing basis,” he opines.

Apart from this, their main focus is to get more people to join the fray through ‘Wiki Academy’ which travels to different organisations in the country to get people acquainted to the website and give them hands-on training on editing articles. Radha Krishna explains, “We recently conducted a workshop at C-DOT and Don Bosco Engineering College.” He adds, “Wikipedia has a lot of sister projects too like Wikiversity, Wikiquote, Wikisource, Wiktionary, which people are not aware of. We want people to make use of these tools too.”

Rules every Wikipedian should follow:

Don't share unpublished results

Don't expound your personal theories or start debates

Respect other editors

If you spot an error, correct it

Write without using jargons

Do not violate copyright and attribute statements

Do not promote yourself

Do not be biased in your tone of writing. Always cover significant point of views

Don't be afraid to ask for help

For more details visit https://cis-india.org/news/new-indian-express-july-29-2014-svetlana-lasrado

The International Copyright System and Access to Education: Challenges, New Access Models and Prospects for New Principles

praskrishna — 2012-06-01T04:29:36Z

This event organised by Max Planck Institute was held in Munich, Germany on May 14 and 15, 2012. Pranesh Prakash participated in this event.

List of Participants

Name	Affiliation
Mr. Olatunji Babatunde Adetula	Director, Nigerian Copyright Commission
Prof. Olufunmilayo Arewa	African University for Science and Technology & University of California School of Law, Irvine
Prof. Michael W. Carroll	Professor of Law, Director, Program on Information Justice and Intellectual Property, American University, Washington College of Law
Mr. Alberto Cerda Silva	S.J.D. Candidate Georgetown University Law Center, Research Associate,Knowledge Ecology International
Ms. Vera Franz	Senior Program Manager Open Society Information Program Open Society Foundations
Prof. Christophe Geiger	Associate Professor Director General Director of the Research Department CEIPI, Université de Strasbourg
Prof. Daniel Gervais	FedEx Research Professor of Law Co-Director, Vanderbilt Intellectual Property Program Vanderbilt University Law School
Ms. Cristiana Gonzalez	Senior Researcher Universidade de São Paulo
Ms. Teresa Hackett	Programme Manager EIFL
Prof. Dr. Reto M. Hilty	Managing Director Full Professor ad personam at the University of Zurich Honorary Professor at the University of Munich Max Planck Institute
Dr. Zorina Khan	Professor Department of Economics Bowdoin College
Dr. Kaya Köklü	Senior Research Fellow Intellectual Property and Competition Law Max Planck Institute
Ms. Eniko Kovacs	Program Manager Academic Fellowship Program, HESP Open Society Foundations
Mr. Ahmed Abdel Latif	Intellectual Property and Technology Senior Programme Manager International Centre for Trade and Sustainable Development
Ms. Mayara Nascimento Santos Leal	Division of Intellectual Property Economic Department Ministry of External Relations, Brazil
Prof. Lydia Loren	Professor of Law Kay Kitagawa & Andy Johnson-Laird IP Faculty Scholar Lewis & Clark Law School
Ms. Viviana Munoz Tellez	Programme Officer, IAKP The South Centre
Prof. Ruth Okediji	William L. Prosser Professor of Law University of Minnesota Law School
Mr. Pranesh Prakash	Programme Manager The Center for Internet and Society
Mr. G.R. Raghavender	Registrar of Copyrights & Director (BP & CR) Copyright Office Government of India, Department of Higher Education, Ministry of Human Resources Development
Prof. Jerome H. Reichman	Bunyan S. Womble Professor of Law Duke University Law School
Dr. Manon Ress	Director of Information Society Projects Knowledge Ecology International
Ms. Carolina Rossini	Senior Fellow at GPOPAI, University of Sao Paulo
Dr. Susan Strba	Expert and Author, Copyright L&Es for Education in Africa
Mr. Luis Villaroel Villalon	Director de Investigación Corporación Innovarte
Dr. Moktar Warida	First Secretary, Permanent Mission of the Arab Republic of Egypt to the United Nations
Ms. Raquel Xalabarder Plantada	Director, Learning Resources Vice President’s Office, Faculty and Academic Organization Open University of Catalonia

Workshop Associates

Name	Affiliation
Lindsey Niznik	Senior, University of Minnesota
Peju Solarin	Doctoral Candidate International Max Planck Research School on Retaliation, Mediation, and Punishment, Max Planck Institute

See the original here

For more details visit https://cis-india.org/news/workshop-on-education-and-copyright

The Intellects holds 2nd International Conclave of Odia Language

praskrishna — 2016-02-27T05:35:17Z

The Intellects, a Delhi-based progressive forum of intellectuals, held the 2nd International Conclave of Odia Language at the India International Centre in New Delhi today.

Subhashish Panigrahi participated in the event and won an award. Look for the coverage by Odisha News here.

The seminar had the title of ‘Aamari Bhasha Pathe’. The conclave was inaugurated by eminent Novelist and Writer Dr. Bibhuti Pattnaik and Rajya Sabha MP Baishnab Charan Parida among others. In the inaugural session, the speakers, including Shri Baishnab Parida, Dr. Natabar Satpathy, Dr. Amarendra Khatua, Poet Sankarshan Parida, Dr. Iti Samanta, Smt. Mamata Mohapatra, Mr. Subhasish Panigrahi stressed on the need of promotion of Odia language and its development on the global arena. They highlighted various angles of Odia language, its history and the challenges it faced apart from outlining the modalities to give it a big boost.

In the second leg, a Poets’ Conference was held. Dr. Jagannath Prasad Das, Dr. Amarendra Khatua, Poet Sankarshan Parida, Dr. Anita Panda, Poet Gajanan Mishra, Smt. Yashodhara Mishra, Poet Manas Ranjan Mohapatra and many other recited poems.

In the last leg, Kendra Sahitya Akademi President, Dr. Vishwanath Tiwari and Sir Mark Tully (former Bureau Chief of BBC, New Delhi), graced the occasion among others. Several eminent personalities were honoured and received the awards from The Intellects.

Ama Gourav Samman – Shri Bibhuti Pattnaik

Amari Bhasha Pathe Samman:

Shri Baishnab Parida
Dr. Amarendra Khatua
Smt. Kunu Dash
Dr. Iti Samanta
Dr. Natabar Satpathy
Shri Gajanan Mishra
Shri Sankarshan Parida
Smt. Mamata Mohapatra
Shri Kulamani Biswal

Yuva Prerana Samman:

Shri Subhasish Panigrahi
Shri Manoranjan Mohanty
Shri Subhranshu Panda

Swabhimani Odia Sanghthan Samman:

Biswajit Dash (IPROCH)
Sanjeev Mohanty (Odisha Forum)
Bijaya Kumar Dash (Sukha Dukha Prakashan)

Shri Debendra Rout, Chairman of The Intellects and Parambrahma Tripathy, Secretary (Literature), The Intellects, organised the event successfully with all their hard efforts.

For more details visit https://cis-india.org/a2k/news/odisha-news-february-22-2016-intellects-holds-second-international-conclave-of-odia-language

The Hathitrust Judgment and its impact on TVI negotiations at WIPO

Rahul Cherian — 2012-10-30T04:28:24Z

Those of you who have been following my earlier posts on the WIPO negotiations on the Treaty for the Visually Impaired will remember that one of the biggest concerns of the World Blind Union on the draft wording of the Treaty was with the definition of an “authorized entity” that can undertake conversion and distribution of accessible format copies.

Before the WIPO intersessionals began on October 17, 2012, the definition of “authorized entity” in the draft Treaty prescribed that only authorized entities that address the needs of beneficiary persons as one of their primary (in brackets) activities or institutional obligations can undertake conversion and distribution of books in accessible formats. This requirement is unacceptable since it will exclude many legitimate organisations and institutions that undertake these activities but who do not address the needs of beneficiary persons as a “primary” activity or institutional obligation. Some examples of such organisations/institutions are mainstream education institutions and mainstream libraries. Delhi University which has a large number of blind students will be excluded and this is unacceptable.

The main proponents pushing for the word "primary" was the United States and the European Union while India and other developing countries wanted the word to be deleted for obvious reasons. There was a virtual deadlock in the negotiations on this particular point.

The United States was pushing for the word “primary” because under US Copyright law, an authorized entity means a nonprofit organization or a governmental agency that has a primary mission to provide specialized services relating to training, education, or adaptive reading or information access needs of blind or other persons with disabilities. Under US law there was uncertainty as to whether educational institutions and libraries would be covered under the definition of “authorized entity”.

Enter the HathiTrust Judgment http://www.tc.umn.edu/~nasims/HathivAG10_10_12.pdf. The judgment, which was pronounced a few days before the October WIPO intersessionals by the New York Southern District Court, held that libraries and educational institutions fall under the definition of “authorized entities” under US law.

The US delegation to WIPO was instantly alerted about this judgment and was requested to negotiate broader wording for authorized entities under the Treaty as was now the position under US law.

At the intersessionals that concluded on October 19, as observers, we were not allowed into the room and the discussions were happening between the Member States but at the end of the intersessionals this is the proposed wording of authorized entity:

Authorized entity means an entity that is authorized or recognized by the government to provide education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis. It also includes a government institution or non-profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations.

As can be seen from above, this definition is broader than the previous definition since the word primary has been deleted from the main definition and it explicitly covers educational institutions and libraries. It is also interesting to note that even for profit entities that provide the above services on a non-profit basis to beneficiaries are covered.

It remains to be seen what form the definition of authorized entities will take but the HathiTrust judgment has definitely helped in the negotiation process.

The next meeting of the Standing Committee on Copyright and Related Rights takes place in Geneva between November 19 and November 23, 2012.

Watch this space for updates. See my earlier posts on the WIPO negotiations.

For more details visit https://cis-india.org/accessibility/blog/hathitrust-judgment-and-its-impact-on-tvi-negotiations-at-wipo

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