From prashantiyengar at gmail.com Mon Mar 3 13:24:17 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 3 Mar 2008 13:24:17 +0530 Subject: [Commons-Law] Downloading ringing tunes might be illegal Message-ID: <908adbd0803022354r2ce7fa78ie46b00a391e467ea@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=315585 Downloading ringing tunes might be illegal Press Trust Of India / Bhopal March 03, 2008 If you are downloading a Bollywood ring tune on your mobile phone, you might be violating the copyright act; and the Indian Music Industry plans to take action on it. Over 13,000 cases of intellectual property right violation, mostly physical music piracy, were registered in the country in the past seven years and more than 200 cases of mobile chip piracy detected in the last two years, says IMI President V J Lazarus. While mobile phone chips have joined the ranks as an instrument for physical form of piracy, public performance of the music and songs, which generally go unnoticed, also comes under the ambit of the law. But lack of awareness has prevented law-enforcing agencies from dealing with the problem that results in losses of Rs 600-800 crore to the industry every year, Lazarus said. India ranked 10th in the list of countries affected by piracy and with the current boom in the mobile entertainment segment, its market would encompass over 300 million users, he said. Section 51 (a) of the Indian Copyright Act clearly states music cannot be played without permission of the copyright holder. This means music-driven trade outlets like discotheques, hotels organising public music-based functions like New Year parties, coffee shops relying on instrumental or vocal pieces or even the barber shop playing a Bollywood number might be violating the law if they don't procure proper licences, he said. "IMI, which represents around 142 music companies, is not concentrating on small-time outlets violating the law at present, due to lack of awareness. But, larger establishments like a lavish hotels or a bustling disco joints are certainly our targets," Lazarus said. "We try to inform and convince them the violation and motivate them to procure legitimate licences. If they still refrain from doing so, legal action is taken," he said. With the current boom in the 'mobile entertainment segment', Indian market is expected to reach more than 300 million users making it among the top ten countries in the world in terms of mobile density. This market would grow further with the advent of 3G (third generation) service phones opening newer avenues of possible intellectual property theft by way of Caller Ring Back Caller Service (CRBT), Embedded tones, background music, full track downloads, mobile radio and streaming and downloading of music, which bring joy and listening pleasure to the consumers, Lazarus said. IMI, which issues licenses through its wings Indian Phonographic Ltd (PPL) and Indian Performing Rights Society (IPRS), has tied up with all telecom operators for legitimate use of music, he said. Licenses have been issued to radio stations, television broadcasters (including those showing some new-age music-based reality shows) and big portals allowing streaming and downloading of music on the internet, IMI General Secretary Savio D'Souza said. IMI's internet anti-piracy team, while closely working with International Federation of the Phonographic Industry (IFPI), has managed to close 500 sites, mostly based on servers in the USA, he said. From prashantiyengar at gmail.com Tue Mar 4 13:08:52 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Tue, 4 Mar 2008 13:08:52 +0530 Subject: [Commons-Law] =?windows-1252?q?Ministry_set_to_regain_control_ove?= =?windows-1252?q?r_=91Incredible_India=92_title?= Message-ID: <908adbd0803032338g1687f25ev244ddd9848d8ee29@mail.gmail.com> http://www.indianexpress.com/printerFriendly/279814.html Ministry set to regain control over 'Incredible India' title Amitabh Sinha Posted online: Tuesday, March 04, 2008 at 2322 hrs IST New Delhi, March 3 The Tourism Ministry is all set to regain its control over the title Incredible India for a magazine it has been publishing for the past four years. The claim of a publishing house over the ownership of that title has been rejected by the office of the Additional Commissioner of Police (Licensing) on the grounds that it had concealed vital information while getting the title registered in its name with the Registrar General of India. The dispute over the title between the ministry and the publishing house—Durga Das Publications—which had brought out the magazine on behalf of the ministry from 2003 to 2007, has resulted in publication of the magazine being put on hold since last year. Durga Das Publications had failed to get its three-year contract renewed last year, having lost in a bidding process to a rival publishing house. But instead of conceding defeat, it sought to restrain the Tourism Ministry from bringing out the magazine, arguing that the title 'Incredible India' was registered under its name with the RNI and, therefore, the ministry had no right to use that title. The Tourism Ministry owns a copyright for the tagline 'Incredible India' and the magazine was just an extension of its hugely popular and successful campaign by the same name. The matter went to the office of ACP (Licensing), which on last Friday cancelled the authorisation of Durga Das Publications to use the title 'Incredible India' on the ground that during the time of registration it had concealed the information that it would be publishing this magazine on behalf of the Ministry of Tourism. "We have decided against claim of Durga Das Publications and the order has already been served on them," ACP (Licensing) Sundari Nanda told The Indian Express. In between, the advice of the Law Ministry was sought and it was also of the opinion that Durga Das Publications had made a false representation before RNI and was engaged in a criminal conspiracy, which had resulted in losses to the Tourism Ministry. The verdict of ACP (Licensing) paves the way for the Tourism Ministry to now approach the RNI and get the title registered under its name after which it can restart the publication of the magazine. From prashantiyengar at gmail.com Tue Mar 4 13:27:05 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Tue, 4 Mar 2008 13:27:05 +0530 Subject: [Commons-Law] DVD-sniffing dogs to fight movie piracy Message-ID: <908adbd0803032357u4ff14bfjd791bf53e01f45de@mail.gmail.com> http://www.thehindu.com/2008/03/04/stories/2008030456512000.htm Back National DVD-sniffing dogs to fight movie piracy PUTRAJAYA: Malaysian authorities said on Monday they hope two specially trained dogs will help police sniff out pirated DVDs and clean up the country's reputation as an abuser of intellectual property rights. "The two male Labrador retound that the dogs are very useful in our operations, especially in fighting piracy," an official said. Paddy and Manny were donated by the MPAA. They arrived on February 18 and are still adjusting to their new handlers and the tropical weather, Mohamad Roslan said, adding that the dogs may start their work in April. Paddy, a 2-year-old black Labrador, is from an animal shelter that rescued him from abuse. Manny, a pale-yellow one-year-old, comes from a dog breeder in northern Ireland. The dogs are trained to sniff out a chemical used in disc production, but they cannot distinguish between real and the pirated DVDs. What they can do is point officers in their raids to hidden caches of disks. Mohamad Roslan said authorities were taking steps to ensure their safety from angry smugglers, but declined to give any details. Movie pirates reportedly place a bounty of $29,000 on the heads of the previous team of DVD-sniffing dogs, Lucky and Flo. — AP (c) Copyright 2000 - 2008 The Hindu From prashantiyengar at gmail.com Thu Mar 6 15:17:00 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 6 Mar 2008 15:17:00 +0530 Subject: [Commons-Law] Author admits acclaimed memoir is fantasy Message-ID: <908adbd0803060147uf831bd2qb50b3d18cd6ec487@mail.gmail.com> http://www.indianexpress.com/printerFriendly/280404.html Author admits acclaimed memoir is fantasy New York Times Posted online: Wednesday, March 05, 2008 at 2350 hrs IST Washington, March 4 In Love and Consequences, a critically acclaimed memoir published last week, Margaret B Jones wrote about her life as a half-white, half-Native American girl growing up in South-Central Los Angeles as a foster child among gang-bangers, running drugs for the Bloods. The problem is that none of it is true. Margaret B Jones is a pseudonym for Margaret Seltzer, who is all white and grew up in the well-to-do Sherman Oaks section of Los Angeles, in the San Fernando Valley, with her biological family. She graduated from the Campbell Hall School, a private Episcopal day school in the North Hollywood neighborhood. She has never lived with a foster family, nor did she run drugs for any gang members. Nor did she graduate from the University of Oregon, as she had claimed. Riverhead Books, the unit of Penguin Group USA that published Love and Consequences, is recalling all copies of the book and has cancelled Seltzer's book tour, which was scheduled to start on Monday in Eugene, Oregon, where she currently lives. In a sometimes tearful, often contrite telephone interview from her home on Monday, Seltzer, 33, who is known as Peggy, admitted that the personal story she told in the book was entirely fabricated. She insisted, though, that many of the details in the book were based on the experiences of close friends she had met over the years while working to reduce gang violence in Los Angeles. "For whatever reason, I was really torn and I thought it was my opportunity to put a voice to people who people don't listen to," Seltzer said. "I was in a position where at one point people said you should speak for us because nobody else is going to let us in to talk. Maybe it's an ego thing — I don't know. I just felt that there was good that I could do and there was no other way that someone would listen to it." The revelations of Seltzer's mendacity came in the wake of the news last week that a Holocaust memoir, Misha: A Mémoire of the Holocaust Years by Misha Defonseca, was a fake, and perhaps more notoriously, two years ago James Frey, the author of a best-selling memoir, A Million Little Pieces, admitted that he had made up or exaggerated details in his account of his drug addiction and recovery. Seltzer's story started unraveling last Thursday after she was profiled in the House & Home section of The New York Times. The article appeared alongside a photograph of Seltzer and her 8-year-old daughter, Rya. Seltzer's older sister, Cyndi Hoffman, saw the article and called Riverhead to tell editors that Seltzer's story was untrue. Love and Consequences immediately hit a note with many reviewers. Writing in The Times, Michiko Kakutani praised the "humane and deeply affecting memoir," but noted that some of the scenes "can feel self-consciously novelistic at times." In Entertainment Weekly, Vanessa Juarez wrote that "readers may wonder if Jones embellishes the dialogue" but went on to extol the "powerful story of resilience and unconditional love." From prashantiyengar at gmail.com Thu Mar 6 17:57:26 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 6 Mar 2008 17:57:26 +0530 Subject: [Commons-Law] =?windows-1252?q?Mere_stamp_won=92t_do=2C_Customs_t?= =?windows-1252?q?o_burn_=91wrong=92_India_map?= Message-ID: <908adbd0803060427p10e5dbaexa050dbfad5ba3eb4@mail.gmail.com> http://www.indianexpress.com/printerFriendly/281066.html Mere stamp won't do, Customs to burn 'wrong' India map Anubhuti Vishnoi Posted online: Thursday, March 06, 2008 at 0111 hrs IST NEW DELHI, MARCH 5 As The Sunday Express reported this week, any "offensive" map of India, depicting the Indo-Pak border in particular, when carried in a foreign publication is defaced with a blue stamp of denial by a 40-member cell in the Customs Department. But those who get away with a stamped map are the more fortunate ones. There are others who have to see all their printed material burnt. Even if it's part of a brochure showing a firm's global network. That's what's happened to a web-based global news and financial platform that feeds news agencies across the world. The agency's New Delhi office was to receive some 300 brochures from its headquarters in USA detailing its operations and reach. Instead, it received a show-cause notice from Customs for importing "in contravention of the Import & Export (Control) Act, 1947," imposition of a penalty of Rs 5,000 for the offence and, worse, information that the entire consignment would be burnt. Last week, when the Customs Department at the cargo section of Delhi airport opened the consignment — it had been lying for a month and a half in its warehouse — and pulled out one of the 75-page brochures, it found spread across Pages 2 and 3 a world map showing the firm's international network. The map showed India's international boundary with Pakistan as the world sees it (without Pakistan Occupied Kashmir) and so was deemed "neither authentic nor correct." A show-cause was sent on February 22. "They sent us a show cause notice and said they will have to burn the entire consignment. We suggested they either stamp the map as incorrect or even tear out the two pages across which the map is spread out but they refused to do so. Customs officials say we will have to forego this consignment. The fact that we will not even be commercially distributing these and only planned to use it internally and share rate lists with some of our corporate clients has not helped. If they do destroy the consignment it is a major loss of time for us and re-printing takes quite long", said the agency's senior executive. He said they were seeking legal advice on the issue as they had been importing such maps for six years now. "While we had maps showing our global network imported every year, these were physical maps. This time political maps were also published and that is what is holding back the consignment. However, the intent is not even remotely dangerous or malicious on our part", the executive said. Customs officials say the "destruction" of such a consignment is fully within rules. "Only a map certified by the Surveyor General of India can be published. If the map published in any printed material that is imported does not have that clearance, it is liable to be confiscated and destroyed under Section 11 of the Customs Act. It is fully within our purview to detain such material, issue show cause notice to the party importing it and to impose a penalty. There is also a Delhi High court order on this issue. In some cases the map is stamped to declare its inauthenticity subject to a close scrutiny — that is usually done for foreign news magazines but this being a brochure, we need to destroy it," said A K Khanna, Assistant Commissioner (Technical), Customs department, IGI airport. In 2004, on the issue of import and sale of Chinese-made toy globes incorrectly depicting India's external boundaries, the Delhi High Court ruled that Customs officials should not permit imports of globes or maps which depict the territory of India incorrectly. From prashantiyengar at gmail.com Fri Mar 7 12:24:42 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Fri, 7 Mar 2008 12:24:42 +0530 Subject: [Commons-Law] Fwd: [RichardDuffee] Fw: Why does United Technologies want to buy a voting machine company??? In-Reply-To: References: Message-ID: <908adbd0803062254y54c69359k8e22b4f9e714576a@mail.gmail.com> ---------- Forwarded message ---------- From prashantiyengar at gmail.com Fri Mar 7 12:43:56 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Fri, 7 Mar 2008 12:43:56 +0530 Subject: [Commons-Law] Fw: Why does United Technologies want to buy a voting machine company??? In-Reply-To: <21f4f7390803061537y248bacbw6a30b99c5c22ef94@mail.gmail.com> References: <21f4f7390803061537y248bacbw6a30b99c5c22ef94@mail.gmail.com> Message-ID: <908adbd0803062313w29e43ab1o5e5490d58819b57b@mail.gmail.com> Sorry the previous post seems to have been truncated somehow. ---------- Forwarded message ---------- From prashantiyengar at gmail.com Fri Mar 7 12:48:29 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Fri, 7 Mar 2008 12:48:29 +0530 Subject: [Commons-Law] Fwd: Fw: Why does United Technologies want to buy a voting machine company??? In-Reply-To: <908adbd0803062313w29e43ab1o5e5490d58819b57b@mail.gmail.com> References: <21f4f7390803061537y248bacbw6a30b99c5c22ef94@mail.gmail.com> <908adbd0803062313w29e43ab1o5e5490d58819b57b@mail.gmail.com> Message-ID: <908adbd0803062318p638c8d80i9b412c958e97fc2f@mail.gmail.com> Sorry the previous post seems to have been truncated somehow. From: Richard Duffee Date: Fri, Mar 7, 2008 at 5:07 AM Subject: Re: [RichardDuffee] Fw: Why does United Technologies want to buy a voting machine company??? To: RichardDuffee at yahoogroups.com Cc: CTVOTER at yahoogroups.com On Thu, Mar 6, 2008 at 4:44 PM, David Bedell wrote: > >  Why does United Technologies (a defense contractor) want to buy a voting > machine company? > > http://utc.com/press/releases/2008-03-02.htm > HARTFORD, Conn., March 2, 2008 –- United Technologies Corporation (NYSE: > UTX) today announced that it has made a proposal to the Board of Directors > of Diebold, Incorporated (NYSE: DBD) to acquire all the outstanding shares > of Diebold for $40.00 per share in cash, > Just as interesting, why does UT want to buy ALL THE OUTSTANDING SHARES when to control it, it only needs a majority? Is it because any shareholder has the right to go to court and UT does not want any shareholder to have standing to sue? If so, what is UT planning to do that it thinks it might be sued for? Somebody BUY A SHARE QUICK! And probably we should be demanding anti-trust proceedings--though of course Mukasey would never bring them. From prashantiyengar at gmail.com Mon Mar 10 14:02:24 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 10 Mar 2008 14:02:24 +0530 Subject: [Commons-Law] Govt to digitise patents; online public access by Jan 2009 Message-ID: <908adbd0803100132v2bb8eadbtc09defe021f9fb53@mail.gmail.com> http://www.thehindubusinessline.com/2008/03/07/stories/2008030751931000.htm Back Govt to digitise patents; online public access by Jan 2009 Our Bureau New Delhi, March 6 The Department of Industrial Policy and Promotion (DIPP) has decided to digitise all the patents granted till date and open it for online public access. DIPP has assured that the task of digitising the patent database would be put on fast track and is likely to be completed by December. The data is expected to be made available for online public access by January 2009. The Federation of Indian Chambers of Commerce and Industry (FICCI) has urged the Government for creation of a database covering provisional and complete specifications, legal status of the patent application, oppositions filed and the ones that had been withdrawn, granted and rejected. FICCI had also sought decisions of the Controller on pre and post-grant patents oppositions, data concerning the patent applications, the ones covering inventions under Section 3D to be compiled. "Such database is not only required for making "freedom to operate" decisions but also to effectively make use of opposition provisions so as to weed out weak patents," said the FICCI statement. FICCI and DIPP have set up a working group to help the intellectual property offices meet the growing demand of trade and industry. The interventions that the group would make would be related to enhanced IT and networking of operations and human resource capabilities in the IP offices. The FICCI-DIPP Working Group on patents, designs and trademark system would comprise representatives from industry, legal experts and the office of Controller General of Patents, Trade Marks and Designs. "Improvements in the working of IP offices have become imperative since the Indian Patent Office has recently been granted the status of International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) by World Intellectual Property Organisation (WIPO). DIPP has assured full support to FICCI, which reveals the commitment of the Government to ensure quality and efficient service, which is competitive by international standards," said the industry chambers in a statement. (c) Copyright 2000 - 2008 The Hindu Business Line From prashantiyengar at gmail.com Mon Mar 10 14:43:22 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 10 Mar 2008 14:43:22 +0530 Subject: [Commons-Law] Microsoft `cajoles` NGOs to support OOXML Message-ID: <908adbd0803100213l6f73ca32mdecc226d42c79ae6@mail.gmail.com> Microsoft `cajoles` NGOs to support OOXML Leslie D'Monte / Mumbai March 7, 2008 The controversy over acceptance of Microsoft's format Office Open XML (OOXML) as a standard by the International Organisation for Standardisation (ISO) refuses to die. CORRUPT FILE # The Open Document Format (ODF) proponents are alleging that the software giant has "cajoled" Indian NGOs to write to the IT ministry and BIS, supporting OOXML as a standard # They are peeved over the fact that of the 30-odd NGOs, some are funded by the software giant # Till date, India's stand has been 'No' (with comments) to OOXML # A Microsoft spokesperson, when contacted, admitted that letters were indeed sent to the NGOs, but insisted that "one should not read between the lines" The Open Document Format (ODF) proponents – who are opposing OOXML on the grounds that 'multiple standards' are not advisable – are alleging that the software giant has "cajoled" Indian non-governmental organisations (NGOs) to write to the IT ministry and the Bureau of Indian Standards (BIS), supporting OOXML as a standard. They are peeved over the fact that of the 30-odd NGOs, some are funded by the software giant. The letter (template provided by Microsoft), among other things, reads: "...Please write a paragraph about your organisation...Please paraphrase 'We support OXML (sic) as a standard that encourages multiplicity of choice and interoperability giving us the ultimate consumer the choice... Please paraphrase "*** also supports OXML as this does not have any financial implications, thus releasing our resources for welfare and development of society." Till date, India's stand has been 'No' (with comments) to OOXML. Not getting the ISO approval could mean a loss of government business for Microsoft since governments worldwide, including India, prefer standards that are ratified from bodies such as the ISO. Governments are wary of holding digital data in proprietary formats, which could make them hostage to a software vendor. Many store files locally using ODF, which is open and free. States such as Delhi, Kerala and others from the North-East are heavy adopters of ODF. Microsoft is trying to address these issues to get the 'No' revised to a 'Yes'. A Microsoft spokesperson, when contacted, admitted that letters were indeed sent to the NGOs, but insisted that "one should not read between the lines". "NGOs represent an important section of the society. It is for this reason that their views were sought to be represented on the committee formed by BIS on the issue of Open XML. The number of NGOs who have expressed their voluntary support on Open XML far exceeds the programme partners we have for Project Jyoti, which is in its fourth year and has since partnered with 13 NGOs with cash and software grants amounting to only Rs 37.5 crore. The decision to send a letter of support was made by each individual organisation based on its own merit. Likewise, many of our partners also chose not to voice their opinion," the spokesperson said. ODF proponents have a different point of view on the subject. "Microsoft's underhanded means of advocacy of OOXML only reinforces the conviction that it views OOXML as a tool for furthering monopolistic goals, and plans to recover their investments multi-fold wherever they succeed in getting it accepted as a standard," says Raj Mathur, one of the founders and currently a member of the Linux Users Group, Delhi. "Standards govern our day-to-day lives and are therefore not mere technical issues. In the IT world, standards are also being hijacked by powerful monopolies because control of standards leads to huge financial gains. At a national level, we must ask ourselves, if this is the way we want to create standards," says Venkatesh Hariharan, co-founder, Open Source Foundation of India. Microsoft, on its part, notes that OOXML, a recognised standard by ECMA International already — and currently being considered in the ISO voting process – is a response to evolving technology formats in line with continual evolving technology systems. From prashantiyengar at gmail.com Mon Mar 10 16:28:55 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 10 Mar 2008 16:28:55 +0530 Subject: [Commons-Law] FM channels, music industry rift may widen Message-ID: <908adbd0803100358w4a5247b8u27624fd7fc25bb45@mail.gmail.com> http://www.financialexpress.com/printer/news/281745/ FM channels, music industry rift may widen Soma Das Posted online: Saturday , March 08, 2008 at 0007 hrs New Delhi, Mar 7The stand-off between the music industry and private FM radio broadcasters on music royalty payments may deepen if the geographical unit for FM radio transmission changes from city to district, as proposed by the Telecom Regulatory Authority of India (Trai). FM radio licences are now given on a city basis. FM broadcasters welcomed the Trai recommendation—which will expand their reach—but they fear the music industry might act as a spoiler by not rationalising the royalties. But the music industry claims that if the listener base grows so will the ad revenues, a part of which they are entitled to get, by right. "If the geographical spread of a private FM increases, so does its listener base. That translates into lower cost (due to economies of scale) and higher ad revenues for the broadcasting company. So why shouldn't the music industry, the staple of private FM, gets its due share?" asks Neeraj Kalyan, vice-president, international business, Super Cassette Industries that commands more than 50% share of the music market. Phonographic Performance Ltd (PPL), the copyright society that collects royalties on behalf of the music industry, feels that as an independent copyright owner, the body should have the right to decide on what should be the geographical basis of charging royalty, exclusive of government's boundary demarcation for transmission. The private FM broadcasters feel that music royalties in absolute terms may grow exponentially from the sheer rise in the number of cities and towns. "This innovative step by Trai will allow FM to penetrate all 607 districts of the country. As the number of cities and towns covered by FM radio multiply throughout the country, one can well imagine what could happen to royalties if the music industry doesn't reduce royalties,'' said Prashant Panday, deputy CEO, Entertainment Network India (ENI), which owns Radio Mirchi. But the music industry appears defiant on the issue. Vipul Pradhan, CEO, PPL, says, "We will watch how government clubs towns and cities for transmission and then decide. Currently we are charging the rate decided by the copyright board under the jurisdiction of the ministry of human resource development. But the current rates have not been reviewed for seven years. Even inflation has not been factored in." Citing the case of a leading private FM broadcaster, Pradhan claims that the cost of total content (music) is only 3 % of the total revenue of the company. The corresponding figure for a comparable industry, say music channels, is about 30 to 40 %. He adds, "We are in talks with the radio industry. We wouldn't do anything detrimental to the industry." From prashantiyengar at gmail.com Tue Mar 11 12:11:00 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Tue, 11 Mar 2008 12:11:00 +0530 Subject: [Commons-Law] Tamil Nadu: Cinematography Act to be amended Message-ID: <908adbd0803102341j49b699a3o6d945f2d469938d0@mail.gmail.com> Date:11/03/2008 URL: http://www.thehindu.com/2008/03/11/stories/2008031150220100.htm Back Front Page Cinematography Act to be amended Ramya Kannan CHENNAI: The Tamil Nadu government is engaged in an exercise to revise the rules of the Cinematograph Act to make provisions for the changing demands of modern cinematography not accommodated by the 1955 Act. Among the issues that the revision seeks to address are adherence to safety norms and building codes with regard to cinemas. Describing the Act as "fairly old," a government order from the Home department says it does not have adequate provisions to deal with modern-day advancement in cinematography. The government had appointed a committee under the chairmanship of the Special Commissioner, Land Administration, with three sub committees constituted to look at three key areas: buildings, procedures and consumers. The committees have been given the mandate to simplify procedures made by the licensing authorities, make suggestions and recommendations for open air theatres (single theatres and complexes), multiplexes and to adapt the National Building Code for these complexes. The members of the committees included top film industry personalities, including director K.Balachander, Abirami Ramanathan, and Censor Board Regional Officer Babu Rammasami. The three sub committees were given a period of six months to draw up suggestions and they submitted their list of recommendations to the government. These have been forwarded to a final draft committee. According to a government source, suggestions have come not only on the quality of the screen, digital projection and sound systems, but also on designating fire escape routes, conducting mock drills, security and seating arrangements, providing for the disabled, parking, fogging to control mosquitoes, waste disposal and general cleanliness. Chairman of the Committee and Special Commissioner, Land Administration, Rameshram Mishra says the process of drafting the final recommendations has started. (c) Copyright 2000 - 2008 The Hindu From afish at uci.edu Tue Mar 11 19:26:20 2008 From: afish at uci.edu (Allison) Date: Tue, 11 Mar 2008 13:56:20 GMT Subject: [Commons-Law] BBC E-mail: Fake Ferrari star of piracy show Message-ID: <20080311_135620_085839.afish@uci.edu> Allison saw this story on the BBC News website and thought you should see it. ** Message ** ... a fake ferrari, the Authentics Foundation, and a model/anti-piracy campaigner... ** Fake Ferrari star of piracy show ** A fake Ferrari sports car made in Thailand is the centrepiece of an exhibition of pirated goods in Brussels. < http://news.bbc.co.uk/go/em/fr/-/2/hi/europe/7289220.stm > ** BBC Daily E-mail ** Choose the news and sport headlines you want - when you want them, all in one daily e-mail < http://www.bbc.co.uk/email > ** Disclaimer ** The BBC is not responsible for the content of this e-mail, and anything written in this e-mail does not necessarily reflect the BBC's views or opinions. Please note that neither the e-mail address nor name of the sender have been verified. If you do not wish to receive such e-mails in the future or want to know more about the BBC's Email a Friend service, please read our frequently asked questions. http://news.bbc.co.uk/1/hi/help/4162471.stm From prashantiyengar at gmail.com Thu Mar 13 11:30:53 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 13 Mar 2008 11:30:53 +0530 Subject: [Commons-Law] Tamil song tampered with, alleges petition Message-ID: <908adbd0803122300pf1cc0d4hf49cea50bea52d5a@mail.gmail.com> http://www.thehindu.com/2008/03/13/stories/2008031359431100.htm Back Karnataka - Bangalore Tamil song tampered with, alleges petition Special Correspondent CHENNAI: A Division Bench of the Madras High Court on Wednesday directed the government advocate to obtain instructions from the government on a petition, which alleged that the Tamil Nadu government had tampered with the original song "Thamizh Thaai Vaazhthu." The Bench, comprising Justices D. Murugesan and V. Periya Karuppiah, posted the matter for March 17. In his petition, J. Mohanraj of Mylapore submitted that generations of Tamils had been taught that the sentences in the song as sung now were the authentic words of the author, Manonmaniam Sundaram Pillai. "Portions deliberately deleted" The government had manipulated the lines by juggling them in the first paragraph, and deliberately deleted the portions comparing the language with other Dravidian languages. To devalue the song and degrade the author, the government had printed the manipulated version in all school textbooks published by the textbook society. The petitioner said going by the principle laid down by the Supreme Court order in the National Anthem case, the government had not only shown disrespect for the great poet, but was continuously doing so for the past few decades. He prayed the court to direct the respondents — the Secretaries of the Public and Tamil Development departments — to correct the Tamil anthem in all official records by restoring the hymn to its original form as sung by the author. He sought an interim direction to the respondents to enforce the proper singing of the anthem as was sung by the author, in all schools, government institutions and at official ceremonies forthwith, pending disposal of the writ petition. (c) Copyright 2000 - 2008 The Hindu From prashantiyengar at gmail.com Thu Mar 13 11:32:44 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 13 Mar 2008 11:32:44 +0530 Subject: [Commons-Law] No SC relief to Ranbaxy on controversial commercial Message-ID: <908adbd0803122302r55cbbad4qe48295cc3b94e842@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=316701 No SC relief to Ranbaxy on controversial commercial Press Trust Of India / New Delhi March 13, 2008 The Supreme Court today refused to give any relief to pharma major Ranbaxy Laboratories that is seeking permission to air its advertisement which allegedly disparaged "Moov", the pain reliever brand belonging to its rival group Paras Pharmaceuticals. The Gujarat High Court, while allowing Ahmedabad-based Paras' appeal, had restrained Ranbaxy from airing its advertisement related to Volini, "its largest selling topical pain reliever in India," in its present form and asked it to change the colour of the pack different from the Moov pack. A bench headed by Chief Justice K G Balakrishnan while declining to stay the high court order said the matter would be taken up in due course. Ranbaxy has challenged the high court's order that restrained it from telecasting its Volini TV commercial, which Paras alleged disparaged or denigrated directly or indirectly while referring to its brand Moov, thus infringing its copyright and trademark. Submitting that the high court failed to appreciate that comparative advertising was an exception to the infringement of trademarks, the petitioner said the order was contrary to and at variance with the well established principles and settled law of comparative advertising, infringement of trademarks under the Trade Marks Act 1999 and Copyright and Unfair Trade Practices. "The impugned order, if allowed to continue, would lead to irreparable harm and injury to the petitioner apart from curtailing the right of the petitioner to broadcast a perfectly legitimate advertisement," the petition filed by Shroff & Co said. "The high court failed to appreciate that the advertisement is just a symbolic comparison with other non-existent products and does not reflect any product of the respondent... The purport of the advertisement was merely to claim that their Volini product is better than another product in the market, which is within the limits of honest comparative advertising," it stated. Ranbaxy further said the high court ignored the fact that Paras had no exclusive proprietary right on the colour violet. Paras, while objecting to the commercial, had alleged that Ranbaxy had indulged in unfair trade practices by attempting to show that its product Volini was superior to Moov. From prashantiyengar at gmail.com Fri Mar 14 12:18:16 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Fri, 14 Mar 2008 12:18:16 +0530 Subject: [Commons-Law] Documentary Film-maker hounded out of Jaipur Message-ID: <908adbd0803132348n671fe76n258e90dede8ee03@mail.gmail.com> http://www.thehindu.com/2008/03/14/stories/2008031460301200.htm Back National Film-maker hounded out of Jaipur Special Correspondent Police prevent him from screening his documentary on Gujarat fake encounters BJYM demands registering a case of sedition against Chakravorty PUCL accuses BJP of creating a law and order problem JAIPUR: A documentary film-maker, who was trying to expose the politics of fake encounters in Gujarat through his movie, was hounded out of the city on Thursday on the pretext of threat to peace and public order, much to the disappointment to the civil rights groups that wanted to apprise the people of the dangers of the State violence perpetrated against citizens. Ironically, the Pink City Press Club — which had earlier agreed to organise a show of Shubhradeep Chakravorty's film in its auditorium — cancelled his booking. When Mr. Chakravorty left for the Muslim Musafirkhana here after arguing with the Press Club functionaries, the police chased him and did not allow him to show the movie there as well. The police detained Mr. Chakravorty briefly and took him to an undisclosed location where senior district officers watched some portions of the film. Mr. Chakravorty was then asked to either apply formally for screening the movie or leave the city immediately. He left for his home in Delhi in late evening. The documentary film, "Encountered on saffron agenda?" is based on the investigation of four encounters in Gujarat, which Mr. Chakravorty said not only violated the fundamental right to life and liberty of the victims but were exclusively used to "demonise minorities and strengthen the politics of hatred" in that State. The freelance film-maker, who earlier worked with Doordarshan and private agencies, said he had tried to find out the truth behind the police stories and politics of encounters through interviews of family members of victims, independent investigators, lawyers and eyewitnesses. When Mr. Chakravorty tried to reason with the Press Club functionaries, general secretary Pankaj Soni told him that a "controversial" film could not be screened on the premises and there was no issue of freedom of expression involved in it. Mr. Soni said there was a likelihood of rightist groups attacking the Press Club if the movie was shown there. Members of the civil rights groups, invited to watch the film, offered to take Mr. Chakravorty to the Muslim Musafirkhana. However, the police followed the convoy and told the film-maker that the movie could not be screened without the permission of district administration as it involved a "sensitive matter." Mr. Chakravorty told reporters that it was unfortunate that an institution of the Fourth Estate, which should have protected his freedom of speech, had forced him to seek shelter in a "minority ghetto." Members of the ruling Bharatiya Janata Party's Minority Morcha gathered at the Musafirkhana and raised slogans against Mr. Chakravorty while accusing him of disturbing communal harmony. The Bharatiya Janata Yuva Morcha (BJYM) at a press conference later demanded the registration of a case of sedition against Mr. Chakravorty, saying he had tried to "eulogise terrorists who were out to kill Gujarat Chief Minister Narendra Modi." BJYM State president Ashok Lahoti expressed gratitude to the Press Club for not allowing the film's screening. Mr. Chakravorty said he had shown the movie to private audience earlier in Delhi, Ahmedabad and Hyderabad, for which no certificate from the Film Censor Board was needed. "Police and Press Club in Jaipur hounding me out on bogus grounds is despicable," he added. The People's Union for Civil Liberties (PUCL), taking exception to the harassment of the film-maker, said the BJP and its sister organisations deliberately created a law and order problem to justify the ban on the film's screening. It said the film was shown at the Vinoba Gyan Mandir here on February 22 without any trouble. The film has covered the encounters of Sameer Khan Pathan (October 2002), Sadiq Jamal (January 2003), Ishrat Jahan and Javed Sheikh (June 2004) and Sohrabuddin Sheikh (November 2005) in Gujarat. Mr. Chakravorty said it was also in support of the next of kin of the victims, who were living under the allegation of being family members of "terrorists" and facing difficulties in their day-to-day lives. (c) Copyright 2000 - 2008 The Hindu From prashantiyengar at gmail.com Mon Mar 17 13:21:53 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 17 Mar 2008 13:21:53 +0530 Subject: [Commons-Law] Public-funded research may pay dividends for scientists Message-ID: <908adbd0803170051o43f08e09rb4f1074eefcd90f6@mail.gmail.com> http://www.thehindubusinessline.com/2008/03/17/stories/2008031751080100.htm Public-funded research may pay dividends for scientists P.T. Jyothi Datta Mumbai, March 16 Scientists may not be the best negotiators, when it comes to converting their inventions into commercial products. But the Centre is set to change this through a research and intellectual property-related (IP) Bill that seeks to empower Government-funded institutions to commercialise their research, besides ensuring some of that revenue flows back to the scientist. A draft Bill to protect and commercialise public-funded research has been circulated among different ministries and is with the Cabinet for comments and approval, Dr K.K. Tripathi, Adviser to the Department of Biotechnology, told Business Line. The Cabinet will decide whether to take the Bill to Parliament or seek further public debate, he said. But, with the draft Bill being cloaked in secrecy, IP experts are concerned whether the proposed legislation will succeed in side-stepping the draw-backs of a similar Act in the US that had sought to IP-empower US universities in 1980. On similar lines as the US' Bayh-Dole Act, the draft Indian Bill encourages public-funded institutes to patent inventions and explores avenues for commercialisation. It also proposes that the inventor gets 30 per cent of the revenue from commercialising the patent, while 10 per cent is ear-marked for the institute's IP Management Cell, Dr Tripathi explained. Rights to the product remain with the institute, while assignment rights are jointly held between the scientist, institute and the Government. Commercialisation plans require consent from all the three, he added. There has been a substantial increase in the product filings by the Government-funded institutes, post the product-patent regime in 2005, he said, without giving details. But can a US legislation that addressed specific issues with some success be 'imported' into the Indian context, questions Mr Shamnad Basheer, Research Associate with the IP Research Centre that is part of the Oxford University. Unhappy with the 'non-transparent' manner in which the Bill is being introduced, he seeks clarity on issues such as whether an inventor would have the discretion to decide to leave his/her invention in public domain. In some critical areas of science, it may make sense to encourage more 'open science' as opposed to a proprietary model, he observes. Mr Mark Pohl, with US-based Pharmaceutical Patent Attorneys, agrees that the US legislation concerned did support some significant success stories such as blood-thinner Warfarin, for example, that came from a University patent. However, universities have not benefited in revenue-terms, he says, citing an economic analysis by the US government that found that every dollar invested by universities in patents and licensing created approximately $0.30 in revenue. The missing link, he said, is universities' lack a sense of what is commercially valuable. They tend to patent work that is scientifically creative or unusual, without knowing much about whether or not that innovation will make a profitable product. Patent expert, Dr Gopakumar Nair, adds that over-negotiation by scientists, evaluation of the benefits of technology-sharing etc. will unravel as the proposed norms get implemented. The Bill should be flexible and there should be a head-room for change, if it has to succeed, he observed. From prashantiyengar at gmail.com Mon Mar 17 13:36:29 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 17 Mar 2008 13:36:29 +0530 Subject: [Commons-Law] Recognition for two rice varieties Message-ID: <908adbd0803170106k73367248ia19564ba7ccd3890@mail.gmail.com> http://www.thehindu.com/2008/03/17/stories/2008031755050400.htm Back Kerala - Palakkad Recognition for two rice varieties G. Prabhakaran 'Palakkadan matta,' 'Navara' rice get Geographical Indication registration A Navara rice farm at Chittur in Palakkad. PALAKKAD: Two unique rice varieties in the district, 'Palakkadan matta' and the medicinal 'Navara rice,' have received the Geographical Indication Registry of Intellectual Property India right under the Geographical Indication of Goods (Registration and Protection) Act, 1999. This is the first time that two rice varieties of the State have received Geographical Indication Registry. The registry will be declared by Chief Minister V.S. Achuthanandan at a function at Town Hall here on March 20, organised by the Confederation of Indian Industry (CII). As per the certificate (No.40 dated November 20, 2007), the registration for Navara rice was obtained by the Navara Rice Farmers Society, Karukamanikalam, near Chittur. The certificate of registry issued by V. Ravi, Registrar of Geographical Indications, Chennai, says "the Navara Rice Farmers Society, Chittur, Kerala, is the registered proprietor of G.I. Navara Rice." Two varieties of Navara, the medicinal rice used in Ayurveda treatment, have secured registration. They are: black glumed and golden yellow glumed Navara rice varieties, which are cultivated in parts of Palakkad district. The popular rice variety of 'Palakkadan matta' has also secured registration. Palakkad Matta Farmers Producer Company Ltd. has become the registered proprietor of the G.I. Palakkad matta rice. Under the registry, there are 10 varieties of Palakkadan matta, which will now be considered as the popular Palakkadan matta rice variety. They are: Aryan, Aruvakkari, Chitteni, Chenkazhama, Chettadi, Thavalakanna, Eruppu, Poochamban, Vattan Jyothy, and Kunjukunj. The Palakkaddan matta is described as bold red rice with a unique taste because of its special geographical area and peculiar weather of Eastern wind. Only these 10 rice varieties cultivated in Palakkad will be considered as 'Palakkadan matta.' However, more rice varieties with matta properties cultivated in Palakkad can be added to this list after detailed examinations, Narayanan Unni of Palakkadan Matta Farmers Producer Company Ltd said. He said after getting the registration, matta rice produced outside Palakkad cannot be marketed as 'Palakkadan matta.' Likewise, the organically cultivated Navara rice also can be grown only by farmers of Palakkad after getting its registry by the Navara Rice Farmers Society, Chittur. Thus the registry will help both the farmers and the consumers. The consumer can now get genuine products of Palakkadan Matta and the medicinal Navara rice. (c) Copyright 2000 - 2008 The Hindu From prashantiyengar at gmail.com Mon Mar 17 13:42:11 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Mon, 17 Mar 2008 13:42:11 +0530 Subject: [Commons-Law] Varsities may soon own patent rights Message-ID: <908adbd0803170112r352dfbf9s845748e5ea992d53@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317122 Varsities may soon own patent rights Kalpana Pathak / Mumbai March 17, 2008 The Union government is likely to enact a law to create uniform legal framework for government-funded research and give universities and research institutions ownership and patent rights for their innovations. The matter is before the Cabinet and will shortly be moved to Parliament for approval, according to a source close to the development. The move was initiated by National Knowledge Commission (NKC) Chairman Sam Pitroda as an incentive to encourage innovation, collaboration, licensing and commercialisation in Indian institutes. The law will be on the lines of the 1980 Bayh-Dole Act of America, which played a part in multiplying the number of patents filed by and granted to universities, the number of universities involved in patenting and licensing of inventions and in the number of new companies that were set up on the basis of new inventions licensed by universities. Before the Bayh-Dole Act was enacted, America's federal agencies owned about 28,000 patents, out of which only 5 per cent were licensed to industry for development of commercial products. The proposed legislation will also help universities and research institutions file patents in their own name and forge commercialisation processes with the industry. It may also allow the balance of any royalties or income earned after payment of expenses, to be ploughed back into institutes for scientific research and education. "Giving ownership rights to universities and linking such ownership with the patent system and the market, will make research a much more attractive option," said a professor working with NKC. According to the proposal, the government could have 'march-in rights' to protect certain public good(s) or matters pertaining to national security. The government could also be given the right to own an invention where the party decides not to retain title or fails to file the requisite patent application. Business schools also need to incorporate IPR dimensions in their curricula. "There is also an urgent need to set up IPR cells in major scientific and educational institutions in the country with trained staff, competent in the law and technical aspects of relevant disciplines," added the professor. Indian institutes have realised the importance of patenting their innovations and have even begun formulating their own IPR policies. A professor from IIT-Bombay said: "If this legislation is passed, it will be a good move. In general, institutes in India have not been proactive on this. Academics have to publish their research articles which one should get patented. This move will motivate them to patent their items and get it published." From sunil at mahiti.org Mon Mar 17 13:47:16 2008 From: sunil at mahiti.org (Sunil Abraham) Date: Mon, 17 Mar 2008 13:47:16 +0530 Subject: [Commons-Law] XXXth SARO Lecture by Lawrence Liang Message-ID: <1205741836.5736.60.camel@sunil-laptop> Dear all, We are pleased to inform you that the XXXth SARO Lecture will be held on 27th March 2008, Thursday. The lecture will be delivered by Lawrence Liang, Founder, Alternative Law Forum, Bangalore, India. Lawrence Liang is also a principal researcher on the IDRC funded project "Towards Détente in Media Piracy" See the links for more information on the project :- http://www.crdi.ca/en/ev-120374-201_104333-1-IDRC_ADM_INFO.html, http://intranet.idrc.ca/en/ev-118390-201-1-DO_TOPIC.html The title of his lecture is "Archive fever and Copyright Deliriums". Digital technologies has redefined the idea of the Archive, with an explosion of Archival efforts. This presentation attempts to raise questions about what it means to think of Archive Fever in the contemporary, and its links to questions of ownership and access to knowledge. Relevant websites: www.altlawforum.org and www.pad.ma About Lawrence Liang Lawrence Liang is a researcher with the Alternative Law Forum, Bangalore. His key areas of interest are law, technology and culture, and the politics of copyright. He has been working closely with Sarai/CSDS, New Delhi on a joint research project, Intellectual Property and the Knowledge/Culture Commons. He is the author of two books, Guide to Open Content Licenses and the Public is Watching: Sex, Laws and Videotapes, and numerous articles on copyright, informal information economies and the commons. He is also pursuing a Ph.D. on Law and Justice in popular Hindi cinema. The Alternative Law Forum is a collective that works on issues of law, legality and power. It comprises a motley crew of lawyers, activists, researchers and media practitioners. The program for the lecture will be as follows:- Date:- 27th March 2008, Thursday Title of the lecture:- "Archive fever and Copyright Deliriums" Venue :- 2nd floor, Ramalingaswami Conference Hall, IDRC SARO, 208, Jorbagh, New Delhi 110 003 1100-1105 hrs. Introduction and welcome by Dr. Stephen J McGurk, Regional Director, Regional Office for South Asia and China 1105-1150 hrs. Presentation by Mr. Lawrence Liang, Founder, Alternative Law Forum, Bangalore, India. 1150-1230 hrs. Questions and Discussions 1230-1330 hrs. Lunch We would like to invite you to the lecture and lunch. The conference room will be booked for the lecture on 27th March 2008 from 10 am to 2 pm. Sincerely, Phet / Reena From the.solipsist at gmail.com Tue Mar 18 17:42:34 2008 From: the.solipsist at gmail.com (Pranesh Prakash) Date: Tue, 18 Mar 2008 17:42:34 +0530 Subject: [Commons-Law] Swedish Supreme Court: Commercial breaks are against film-makers' copyrights Message-ID: <4785f1e20803180512x3d2f7b44t19babbc6c0c5ba2d@mail.gmail.com> Dear All, An interesting and protracted legal battle has come to an end with the Swedish Supreme Court's ruling that commercial breaks in the middle of a film distort the director's intented product. (The late) Vilgot Sjöman and Claes Eriksson had sued Swedish channel TV4 for copyright infrigement on the grounds that the channel ran long commercial breaks during screening of the directors' films, and the case eventually found its way to the country's highest court. The court's ruling seems to have been based solely on the channel's disregard of the director's intended mode of communication, rather than negative impact of the advertisements (continuity of story, length of film, etc.) on the director's reputation. This seems to vindicate the civil law conception of *droit moral *as the foundation of copyright law. (Is this the position even in Scandanavian civil law system, or only in the French-derived civil law system?) It is also of note that the producer is nowhere in the picture (metaphorically speaking). The view that commercials are an impediment to the communication of director's vision as *auteur* of the film seems to have been given sole consideration, instead of the *droit pécuniaire* of the producers of the film (is this so even in civl law systems?) to assign the right of communication. (It wasn't stated anywhere in the report I read that the directors were suing as anything but directors, i.e., they don't seem to have been the producers.) What kinds of potential backlash do any of you see as an effect of this judgment? Will it be used as precedent in any other (civil law) country? Whatever will happen to Tamil TV channels' marathon five/six hour packages of superhits like *Baadsha *with ten-minute ad breaks every fifteen minutes? If anyone has access to an English translation of the judgment, or any corrections/responses please do post back. The views expressed above are mere conjectures based only on reports and non-existent knowledge of copyrights in the Scandanavian civil law system. For full story: http://www.thelocal.se/10562/20080318/ Cheers, Pranesh -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080318/608cefc7/attachment.html From prashantiyengar at gmail.com Wed Mar 19 08:24:03 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 19 Mar 2008 08:24:03 +0530 Subject: [Commons-Law] Latha Jishnu: It`s not just about royalty rates (Compulsory licensing case in India) Message-ID: <908adbd0803181954n9b4b706g8af5682ec3e84e5e@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317293 Latha Jishnu: It`s not just about royalty rates PATENTLY ABSURD Latha Jishnu / New Delhi March 19, 2008 So far the case has not attracted much attention here. A small generics company from Hyderabad applies for a compulsory licence (CL) to export two life-saving drugs to neighbouring Nepal. The quantities are small, not enough to make any ripples in the market or to dent the earnings of the patent-holders who, of course, are big guns. Yet, the application filed by Natco Pharma for Roche's erlotinib (brand name Tarceva) and Pfizer's Sunitinib (sold as Sutent) has a significance that goes beyond these two drugs, both of which are used to treat cancer, and that's why international interest in this seemingly innocuous application is unusually high. If Natco is successful with its application, then other generic companies are likely to follow suit and manufacture the latest patented drugs at much lower cost for export to a wide swathe of poorer developing countries. In which case, the drug majors would seriously have to rethink the way their products are priced in different markets. For example, Natco is offering its version of erlotinib at just Rs 1,000 per tablet in Nepal against Rs 4,800 a tablet that Roche charges for Tarceva in India. It's not so difficult to calculate the implications of this across the spectrum. Natco's is the first CL application in India and only the second in the world to be made under the Doha Declaration on public health that was incorporated in the TRIPS agreement. This allows developing countries to use CLs to make cheaper versions of patented drugs in special circumstances, each country being free to use the flexibilities within the TRIPS agreement to formulate its own rules. The first time the CL was invoked, and granted, under the Doha Declaration was in Canada on GSK's AIDS drug, TriAvir, for export to Rwanda. A CL allows a drug company to manufacture a patented drug without the consent of the patent owner by paying what is deemed a reasonable royalty. But the CL is not so easy to obtain as the Nacto experience reveals. Although the application was made in September, 2007, the Controller General of Patents has yet to take a decision on this. Instead, it had convened a meeting of Natco with the two drug majors last month to which the Hyderabad company had objected, saying that the law (Section 92 A of the Indian Patent Act, 2005) did not warrant that the patentee should be given a hearing. Natco has offered a 5 per cent royalty to the two drug majors in its CL application, a rate that is in keeping with the guidelines suggested by the WHO and other international organisations like UNDP. The interlocutory application filed by Natco has triggered off a major debate in international pharma circles with some activists insisting that the Indian Patents Office is wrong to have called the patentees to discuss the CL. It's true that Section 92A says nothing about seeking the views of patentees and gives the Controller full powers to set the terms and conditions, but others maintain that calling the patentees is in keeping with the spirit of the law. What the law does state is that the CL can be made available for manufacture and export "to any country having insufficient or no manufacturing capacity for the concerned product to address public health problems". For this, Natco needs to have either a licence or a notification from the Nepal government for the contracted amount. So far, there has been no confirmation on this score from either Natco or the authorities in Kathmandu. For health activists, however, the issue is fairly straightforward. They claim that the payment of a "reasonable royalty to the patentee" should settle the issue. The problem, they say, would not have arisen if the government had notified specific rules on royalty to be paid for CLs. In fact, there is speculation that the Controller of Patents had called a meeting with the patent-holders because the question of royalty is missing altogether in the Indian law. In Canada, royalty is capped at 4 per cent of the price of the generic product, the rate being adjusted downwards depending on the importing country's rank on the UNDP Human Development Index. In the tiered royalty system proposed by UNDP, the base royalty is set at 4 per cent of the price of a product in high-income markets. This rate is adjusted taking into account the relative capacity of a country to pay, based either on the relative per capita income or the national income. But royalty is not really the issue here. It is a fight for markets. While drug multinationals have usually sought to reap the rewards of their expenditure on R&D primarily from lucrative markets where drug prices can be tagged much higher, generic companies are now seeking to open up the LDC markets for newer drugs. The outcome of the CL application could easily change the way both do business. From prashantiyengar at gmail.com Wed Mar 19 08:29:02 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 19 Mar 2008 08:29:02 +0530 Subject: [Commons-Law] E-commerce: Watch on encryption code compliance Message-ID: <908adbd0803181959k3c022d02tc75874e2ee8aff3b@mail.gmail.com> http://www.thehindubusinessline.com/2008/03/19/stories/2008031952430100.htm DoT move is a fallout of Blackberry controversy Encryption codes are a way to scramble information sent online in such a way that only the desired recipient has the key to unscramble them. Thomas K Thomas Rahul Wadke New Delhi/Mumbai March 18 Online banking operations and e-commerce transactions including purchase through credit cards may be open to Government surveillance as a fallout of the recent Blackberry controversy. The Department of Telecom is now taking steps to ensure that all providers of Internet services strictly follow the prescribed encryption code. As per the existing law, all Internet-based service providers are required to submit a decryption key to the Government if they use more than 40 bit encryption code to secure the transactions. Encryption codes are essentially a way to scramble information sent online in such a way that only the desired recipient has the key to unscramble it and convert it back to its original form. However, as it was found out in the Blackberry case, a number of service providers are not strictly following the rule and have not submitted the decryption code. The issue came to light when telecom operators providing Blackberry services told DoT last week that the Government was singling out one service for allegedly violating the encryption laws. Most of the e-commerce web sites like those selling airline and movie tickets and banking application web sites use more than 128 bit encryption code. The higher code is required to keep the transactions secure. The problem with using higher encryption codes is that the Indian security agencies find it impossible to track any specific transaction unless they have the decryption codes. However, the Internet Service Providers termed DoT's policy as archaic and said that they have already requested DoT to raise the permitted levels from 40 bits to at least 128 bits in line with the changing technology. "The existing encryption laws were made when Internet services were just beginning to take shape in the country. It is really unfair to stick to the same standards when technology is enabling more secure transactions and highly complex transactions. If DoT insists on the 40 bit encryption then it will be taking the Internet back to the dark ages," said Mr Rajesh Chharia, President, Internet Service Providers Association. Industry experts said that DoT's policy was not practical on two counts. First, no company will give away its patented codes to leaky Government departments as it could make e-commerce applications unsecure and, therefore, useless. Second, under the existing rules, the procedure for submitting decryption keys, which is in digital form, has not been laid out. So even if anyone was bold enough to give the code to the Government, they would not know how to submit it. "In developed countries like the US there is no limit on the encryption code. Monitoring is done by their security agencies using the most sophisticated technology. DoT should invest in setting up monitoring centres which can do the job without limiting the scope of Internet services," said Mr Amitabh Singhal of Elxess Consulting Services. From prashantiyengar at gmail.com Wed Mar 19 08:30:12 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 19 Mar 2008 08:30:12 +0530 Subject: [Commons-Law] Imprison those giving false data to Govt: House panel Message-ID: <908adbd0803182000i6635e491ta5c144ebd007ad18@mail.gmail.com> http://www.indianexpress.com/printerFriendly/286189.html Imprison those giving false data to Govt: House panel Express news service Posted online: Wednesday, March 19, 2008 at 0052 hrs IST New Delhi, March 18 Reviewing the proposed overhaul of a 55-year-old law dealing with the collection of statistics in the country, the Parliamentary Committee on Finance has strongly advocated that those purveying wrong information to the Government should be simply imprisoned instead of levying monetary penalties on them. The Collection of Statistics Bill, 2007, was introduced in Parliament last May, after the National Statistical Commission, headed by C Rangarajan, pointed out several limitations in the original law drafted in 1953. The original law was meant to collect input, output and employment information for the Annual Survey of Industries, but small-scale industries, the informal sector and services industries were out of its ambit. Penalties for not furnishing the requisite data were meager — a Rs 500 fine with Rs 200 additional penalty for each day of non-compliance. The Rangarajan panel suggested that the existing law should be expanded to make it obligatory for individuals and enterprises to provide information for any survey done by the National Statistics Commission and penalise those refusing to supply information or giving wrong information. While the new law proposes to enhance penalties to Rs 1,000-2,000 for individuals and Rs 5,000-10,000 for companies for furnishing false data, the Parliamentary Panel has opined that the law should have provisions for 'simple imprisonment in the event of anyone furnishing false information'. The Committee's view stems from comments it received from the Steel Ministry over the proposed law. The ministry pointed out that the proposed penalties may not serve as a 'deterrent' and cited its experience with secondary steel producers. "There is a serious apprehension of underreporting or providing incorrect data from many such units for reasons including tax evasion," the Steel Secretary wrote. Further, the Steel Ministry explained that even the smallest producer would be happy paying the fine rather than part with the correct data. Interestingly, the ministry examined the Indian Penal Code and found that anyone furnishing false information to a public authority recognised by the IPC, can be imprisoned. Top officials in the Ministry of Statistics and Programme Implementation admitted the need for such a provision in its interactions with the Parliament Panel. From rahul.matthan at trilegal.com Wed Mar 19 16:12:20 2008 From: rahul.matthan at trilegal.com (Rahul Matthan) Date: Wed, 19 Mar 2008 16:12:20 +0530 Subject: [Commons-Law] E-commerce: Watch on encryption code compliance In-Reply-To: <908adbd0803181959k3c022d02tc75874e2ee8aff3b@mail.gmail.com> References: <908adbd0803181959k3c022d02tc75874e2ee8aff3b@mail.gmail.com> Message-ID: <47E0EE0C.6020307@trilegal.com> I am struggling to understand how a travel company is going to be treated as an ISP. The regulations apply to the ISPs who, as licensees, have agreed contractually to the encryption levels. Online travel companies are users of internet services - their contract is with the ISP and they are not regulated by the DOT. Is the DOT requiring the ISPs to enforce this 40 bit encryption regulation on its subscribers? Rahul Prashant Iyengar wrote: > http://www.thehindubusinessline.com/2008/03/19/stories/2008031952430100.htm > > > DoT move is a fallout of Blackberry controversy > > Encryption codes are a way to scramble information sent online in such > a way that only the desired recipient has the key to unscramble them. > > Thomas K Thomas > Rahul Wadke > > New Delhi/Mumbai March 18 > > Online banking operations and e-commerce transactions including > purchase through credit cards may be open to Government surveillance > as a fallout of the recent Blackberry controversy. > > The Department of Telecom is now taking steps to ensure that all > providers of Internet services strictly follow the prescribed > encryption code. As per the existing law, all Internet-based service > providers are required to submit a decryption key to the Government if > they use more than 40 bit encryption code to secure the transactions. > > Encryption codes are essentially a way to scramble information sent > online in such a way that only the desired recipient has the key to > unscramble it and convert it back to its original form. > > However, as it was found out in the Blackberry case, a number of > service providers are not strictly following the rule and have not > submitted the decryption code. The issue came to light when telecom > operators providing Blackberry services told DoT last week that the > Government was singling out one service for allegedly violating the > encryption laws. > > Most of the e-commerce web sites like those selling airline and movie > tickets and banking application web sites use more than 128 bit > encryption code. The higher code is required to keep the transactions > secure. The problem with using higher encryption codes is that the > Indian security agencies find it impossible to track any specific > transaction unless they have the decryption codes. > > However, the Internet Service Providers termed DoT's policy as archaic > and said that they have already requested DoT to raise the permitted > levels from 40 bits to at least 128 bits in line with the changing > technology. "The existing encryption laws were made when Internet > services were just beginning to take shape in the country. It is > really unfair to stick to the same standards when technology is > enabling more secure transactions and highly complex transactions. If > DoT insists on the 40 bit encryption then it will be taking the > Internet back to the dark ages," said Mr Rajesh Chharia, President, > Internet Service Providers Association. > > Industry experts said that DoT's policy was not practical on two > counts. First, no company will give away its patented codes to leaky > Government departments as it could make e-commerce applications > unsecure and, therefore, useless. Second, under the existing rules, > the procedure for submitting decryption keys, which is in digital > form, has not been laid out. So even if anyone was bold enough to give > the code to the Government, they would not know how to submit it. "In > developed countries like the US there is no limit on the encryption > code. Monitoring is done by their security agencies using the most > sophisticated technology. DoT should invest in setting up monitoring > centres which can do the job without limiting the scope of Internet > services," said Mr Amitabh Singhal of Elxess Consulting Services. > _______________________________________________ > commons-law mailing list > commons-law at sarai.net > https://mail.sarai.net/mailman/listinfo/commons-law > > -- This message has been scanned for viruses and dangerous content by SevaSecure Mail Service, and is believed to be clean. From prashantiyengar at gmail.com Wed Mar 19 16:46:48 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 19 Mar 2008 16:46:48 +0530 Subject: [Commons-Law] E-commerce: Watch on encryption code compliance In-Reply-To: <47E0EE0C.6020307@trilegal.com> References: <908adbd0803181959k3c022d02tc75874e2ee8aff3b@mail.gmail.com> <47E0EE0C.6020307@trilegal.com> Message-ID: <908adbd0803190416v5dd1e473pb29cb5041d483849@mail.gmail.com> Hi Rahul, I am also struggling to understand this. You're right that the DoT contracts only with the ISP and not the end customer. The relevant Clause 2.2(vi) of the ISP license is curiously worded: The Licensee shall ensure that Bulk Encryption is not deployed by ISPs. Further, Individuals/ Groups/ Organizations are permitted to use encryption up to 40 bit key length in the symmetric key algorithms or its equivalent in other algorithms without obtaining permission from the Licensor. However, if encryption equipments higher than this limit are to be deployed, individuals/groups/organizations shall obtain prior written permission of the Licensor and deposit the decryption key, split into two parts, with the Licensor. So under what law does the Central Government get a monopoly over encryption? Under the Telegraph Act, the Central Government has the "exclusive privilege" of establishing, maintaining and using telegraphs (which is broadly defined to include anything which is capable of sending and receiving messages electronically). So do we understand Clause 2.2(vi) as saying that the Central Government licenses the individual to use his lan card (which is a kind of telegraph) for accessing the internet on the condition that the message is not encoded greater than 40 bits? Under this interpretation, if anyone contravenes this provision, he/she can be proceeded against under section 20A of the Telegraph Act - contravention of conditions of a license.."fine which may extend to one thousand rupees, and with a further fine which may extend to five hundred rupees for every week during which the breach of the condition continues". My web browser uses SSL which is a 128 bit technology! Alternatively, there is the interpretation that you suggest. As a third party to the contract, the DoT cannot proceed against me directly. The best it can do is to cancel the license with the ISP and proceed against the functionaries of the ISP. Like you say, this is not clear at all. Prashant On Wed, Mar 19, 2008 at 4:12 PM, Rahul Matthan wrote: > I am struggling to understand how a travel company is going to be > treated as an ISP. The regulations apply to the ISPs who, as licensees, > have agreed contractually to the encryption levels. Online travel > companies are users of internet services - their contract is with the > ISP and they are not regulated by the DOT. Is the DOT requiring the ISPs > to enforce this 40 bit encryption regulation on its subscribers? > > Rahul > > > > Prashant Iyengar wrote: > > http://www.thehindubusinessline.com/2008/03/19/stories/2008031952430100.htm > > > > > > DoT move is a fallout of Blackberry controversy > > > > Encryption codes are a way to scramble information sent online in such > > a way that only the desired recipient has the key to unscramble them. > > > > Thomas K Thomas > > Rahul Wadke > > > > New Delhi/Mumbai March 18 > > > > Online banking operations and e-commerce transactions including > > purchase through credit cards may be open to Government surveillance > > as a fallout of the recent Blackberry controversy. > > > > The Department of Telecom is now taking steps to ensure that all > > providers of Internet services strictly follow the prescribed > > encryption code. As per the existing law, all Internet-based service > > providers are required to submit a decryption key to the Government if > > they use more than 40 bit encryption code to secure the transactions. > > > > Encryption codes are essentially a way to scramble information sent > > online in such a way that only the desired recipient has the key to > > unscramble it and convert it back to its original form. > > > > However, as it was found out in the Blackberry case, a number of > > service providers are not strictly following the rule and have not > > submitted the decryption code. The issue came to light when telecom > > operators providing Blackberry services told DoT last week that the > > Government was singling out one service for allegedly violating the > > encryption laws. > > > > Most of the e-commerce web sites like those selling airline and movie > > tickets and banking application web sites use more than 128 bit > > encryption code. The higher code is required to keep the transactions > > secure. The problem with using higher encryption codes is that the > > Indian security agencies find it impossible to track any specific > > transaction unless they have the decryption codes. > > > > However, the Internet Service Providers termed DoT's policy as archaic > > and said that they have already requested DoT to raise the permitted > > levels from 40 bits to at least 128 bits in line with the changing > > technology. "The existing encryption laws were made when Internet > > services were just beginning to take shape in the country. It is > > really unfair to stick to the same standards when technology is > > enabling more secure transactions and highly complex transactions. If > > DoT insists on the 40 bit encryption then it will be taking the > > Internet back to the dark ages," said Mr Rajesh Chharia, President, > > Internet Service Providers Association. > > > > Industry experts said that DoT's policy was not practical on two > > counts. First, no company will give away its patented codes to leaky > > Government departments as it could make e-commerce applications > > unsecure and, therefore, useless. Second, under the existing rules, > > the procedure for submitting decryption keys, which is in digital > > form, has not been laid out. So even if anyone was bold enough to give > > the code to the Government, they would not know how to submit it. "In > > developed countries like the US there is no limit on the encryption > > code. Monitoring is done by their security agencies using the most > > sophisticated technology. DoT should invest in setting up monitoring > > centres which can do the job without limiting the scope of Internet > > services," said Mr Amitabh Singhal of Elxess Consulting Services. > > _______________________________________________ > > commons-law mailing list > > commons-law at sarai.net > > https://mail.sarai.net/mailman/listinfo/commons-law > > > > > > -- > This message has been scanned for viruses and dangerous content > by SevaSecure Mail Service, and is believed to be clean. > > From rahul.matthan at trilegal.com Wed Mar 19 17:13:02 2008 From: rahul.matthan at trilegal.com (Rahul Matthan) Date: Wed, 19 Mar 2008 17:13:02 +0530 Subject: [Commons-Law] E-commerce: Watch on encryption code compliance In-Reply-To: <908adbd0803190416v5dd1e473pb29cb5041d483849@mail.gmail.com> References: <908adbd0803181959k3c022d02tc75874e2ee8aff3b@mail.gmail.com> <47E0EE0C.6020307@trilegal.com> <908adbd0803190416v5dd1e473pb29cb5041d483849@mail.gmail.com> Message-ID: <47E0FC46.4080500@trilegal.com> There is one other fact that we need to consider. Most ISP contracts with their subscribers will be almost verbatim reproductions of the ISP license that the ISP has entered into with the DOT (the only exception is probably the old VSNL contracts since VSNL, as the incumbent, did not feel bound by these stipulations)> Therefore, there will be a chain of contracts and since the ISP is bound to "ensure" that encryption is not employed, DOT could force them to take action against the subscribers. However widely the Act is drafted, I doubt we can move so far away from our "privity" jurisprudence to encompass lay users. Rahul -- Rahul Matthan Partner Trilegal 149, Richmond Road Bangalore 560025 Direct : +91-80-4151-5201 Board : +91-80-4151-5252 Fax : +91-80-4151-5210 CONFIDENTIALITY NOTE The contents of this message may be legally privileged and confidential, for the use of the intended recipient(s) only. It should not be read, copied and used by anyone other than the intended recipient. If you have received this message in error, please immediately notify us at the above co-ordinates, preserve its confidentiality and delete it from your system. Thank you. Prashant Iyengar wrote: > Hi Rahul, > I am also struggling to understand this. You're right that the DoT > contracts only with the ISP and not the end customer. > The relevant Clause 2.2(vi) of the ISP license is curiously worded: > > The Licensee shall ensure that Bulk Encryption is not deployed by > ISPs. Further, Individuals/ Groups/ Organizations are permitted to use > encryption up to 40 bit key length in the symmetric key algorithms or > its equivalent in other algorithms without obtaining permission from > the Licensor. However, if encryption equipments higher than this limit > are to be deployed, individuals/groups/organizations shall obtain > prior written permission of the Licensor and deposit the decryption > key, split into two parts, with the Licensor. > > So under what law does the Central Government get a monopoly over encryption? > Under the Telegraph Act, the Central Government has the "exclusive > privilege" of establishing, maintaining and using telegraphs (which is > broadly defined to include anything which is capable of sending and > receiving messages electronically). > So do we understand Clause 2.2(vi) as saying that the Central > Government licenses the individual to use his lan card (which is a > kind of telegraph) for accessing the internet on the condition that > the message is not encoded greater than 40 bits? > Under this interpretation, if anyone contravenes this provision, > he/she can be proceeded against under section 20A of the Telegraph Act > - contravention of conditions of a license.."fine which may extend to > one thousand rupees, and with a further fine which may extend to five > hundred rupees for every week during which the breach of the condition > continues". > My web browser uses SSL which is a 128 bit technology! > > Alternatively, there is the interpretation that you suggest. As a > third party to the contract, the DoT cannot proceed against me > directly. The best it can do is to cancel the license with the ISP and > proceed against the functionaries of the ISP. > > Like you say, this is not clear at all. > Prashant > > > On Wed, Mar 19, 2008 at 4:12 PM, Rahul Matthan > wrote: > >> I am struggling to understand how a travel company is going to be >> treated as an ISP. The regulations apply to the ISPs who, as licensees, >> have agreed contractually to the encryption levels. Online travel >> companies are users of internet services - their contract is with the >> ISP and they are not regulated by the DOT. Is the DOT requiring the ISPs >> to enforce this 40 bit encryption regulation on its subscribers? >> >> Rahul >> >> >> >> Prashant Iyengar wrote: >> > http://www.thehindubusinessline.com/2008/03/19/stories/2008031952430100.htm >> > >> > >> > DoT move is a fallout of Blackberry controversy >> > >> > Encryption codes are a way to scramble information sent online in such >> > a way that only the desired recipient has the key to unscramble them. >> > >> > Thomas K Thomas >> > Rahul Wadke >> > >> > New Delhi/Mumbai March 18 >> > >> > Online banking operations and e-commerce transactions including >> > purchase through credit cards may be open to Government surveillance >> > as a fallout of the recent Blackberry controversy. >> > >> > The Department of Telecom is now taking steps to ensure that all >> > providers of Internet services strictly follow the prescribed >> > encryption code. As per the existing law, all Internet-based service >> > providers are required to submit a decryption key to the Government if >> > they use more than 40 bit encryption code to secure the transactions. >> > >> > Encryption codes are essentially a way to scramble information sent >> > online in such a way that only the desired recipient has the key to >> > unscramble it and convert it back to its original form. >> > >> > However, as it was found out in the Blackberry case, a number of >> > service providers are not strictly following the rule and have not >> > submitted the decryption code. The issue came to light when telecom >> > operators providing Blackberry services told DoT last week that the >> > Government was singling out one service for allegedly violating the >> > encryption laws. >> > >> > Most of the e-commerce web sites like those selling airline and movie >> > tickets and banking application web sites use more than 128 bit >> > encryption code. The higher code is required to keep the transactions >> > secure. The problem with using higher encryption codes is that the >> > Indian security agencies find it impossible to track any specific >> > transaction unless they have the decryption codes. >> > >> > However, the Internet Service Providers termed DoT's policy as archaic >> > and said that they have already requested DoT to raise the permitted >> > levels from 40 bits to at least 128 bits in line with the changing >> > technology. "The existing encryption laws were made when Internet >> > services were just beginning to take shape in the country. It is >> > really unfair to stick to the same standards when technology is >> > enabling more secure transactions and highly complex transactions. If >> > DoT insists on the 40 bit encryption then it will be taking the >> > Internet back to the dark ages," said Mr Rajesh Chharia, President, >> > Internet Service Providers Association. >> > >> > Industry experts said that DoT's policy was not practical on two >> > counts. First, no company will give away its patented codes to leaky >> > Government departments as it could make e-commerce applications >> > unsecure and, therefore, useless. Second, under the existing rules, >> > the procedure for submitting decryption keys, which is in digital >> > form, has not been laid out. So even if anyone was bold enough to give >> > the code to the Government, they would not know how to submit it. "In >> > developed countries like the US there is no limit on the encryption >> > code. Monitoring is done by their security agencies using the most >> > sophisticated technology. DoT should invest in setting up monitoring >> > centres which can do the job without limiting the scope of Internet >> > services," said Mr Amitabh Singhal of Elxess Consulting Services. >> > _______________________________________________ >> > commons-law mailing list >> > commons-law at sarai.net >> > https://mail.sarai.net/mailman/listinfo/commons-law >> > >> > >> >> -- >> This message has been scanned for viruses and dangerous content >> by SevaSecure Mail Service, and is believed to be clean. >> >> >> > > -- This message has been scanned for viruses and dangerous content by SevaSecure Mail Service, and is believed to be clean. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080319/0b2b165b/attachment-0001.html From prashantiyengar at gmail.com Thu Mar 20 11:37:52 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 20 Mar 2008 11:37:52 +0530 Subject: [Commons-Law] Court allows Cipla to market disputed drug Message-ID: <908adbd0803192307l215bfb5chbcb855bcb3e2b18c@mail.gmail.com> Court allows Cipla to market disputed drug http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317502 BS Reporter / New Delhi March 20, 2008 Roche given four weeks to reply to counter-claim. The Delhi High Court today passed an interim order allowing domestic drug firm Cipla to market its version of a lung cancer treatment drug for which Swiss multinational Roche Scientific holds the India patent, pending another hearing scheduled for August 6. PATENT WAR # March 13, 1996: Roche files patent application in India # July 13, 2005: DCGI gives approval to Roche for marketing Tarceva in India # July 13, 2007: Patent granted for Tarceva in India # January 2008: Cipla launches generic version of Tarceva # January 19, 2008: Roche files infringement lawsuit at Delhi High Court # March 19, 2008: HC allows Cipla to sell version of Roche drug The interim order was passed by the court today on a plea filed by Roche Scientific on January 19 this year. The generic name of the drug is Erlotnib, which Roche markets as Tarceva and Cipla as Erlocip. Ahead of the next hearing, the court has asked Cipla to maintain records of sales of Erlocip. It has also admitted the counter-claim filed by Cipla that questions the validity of the Roche patent and asked the latter to respond within four weeks from today. The case, which is being keenly watched by global and Indian drug firms and consumer interest groups, is the first test case of India's new patent regime. The new patent law came into effect on January 1, 2005, and offers firms product patent protection against the earlier practice of process patent protection, which effectively allowed firms to make the same drug through a different process. Days before Roche sought legal redress, Cipla started marketing the drug for Rs 1,600 a tablet, one-third the price Roche charges (Rs 4,800 a tablet). Roche has been selling Erlotinib under the brand name Tarceva in India since 2006. The crux of Roche's argument is that the product patent right it has for Tarceva prevents competition from manufacturing a copy-cat version of the drug. In response, Cipla has claimed that the Indian patent is not valid and argued that it was well within its rights to manufacture and market the medicine in the country. The counsel for Cipla said the high court's order today made special mention of the life-threatening nature of cancer and the life-saving properties of this drug. "Given the price difference, the court did not want patients to be deprived of a low-cost alternative by staying sales of the generic product," the counsel claimed. Today's decision will ensure uninterrupted supply of a low-cost medicine for treating lung cancer. Nearly 160,000 people in the country are estimated to be suffering from the disease, which has a high fatality rate. Welcoming the interim verdict, the Cancer Patients Aid Association (CPAI) Chairman Y K Sapru said he was glad to note "the judiciary has given preference to the right of a human being to live over all other rights enshrined under the Constitution of India". From chansoobak at yahoo.com Thu Mar 20 19:59:44 2008 From: chansoobak at yahoo.com (chan park) Date: Thu, 20 Mar 2008 07:29:44 -0700 (PDT) Subject: [Commons-Law] Natco's application for CL for Export - Hearing in the Delhi Patent Office Message-ID: <476667.19461.qm@web50711.mail.re2.yahoo.com> The Delhi Patent Office held a hearing yesterday to determine whether under Indian law, a patent holder has the right to a hearing when an application for a compulsory licence for export is filed. Late last year, the Indian generic pharmaceutical company Natco had filed an application for a compulsory licence to allow it to produce a cancer drug, erlotinib, for export to Nepal. The Indian patent for this drug was granted to Pfizer and OSI Pharmaceuticals in July 2007. OSI entered into a marketing agreement with Roche for distribution of erlotinib outside the United States. Indian law, under section 92A of the Patents Act, allows for compulsory licences on pharmaceutical products to be granted for export to countries with insufficient manufacturing capacity. This provision was included during the 2005 amendments to incorporate the WTO's August 30 Decision, which provides a waiver of the requirement under Article 31(f) of TRIPS that products produced under a compulsory licence be predominantly for domestic use. Section 92A, as drafted, makes no specific mention of the patent holder's right to a hearing, and states, in relevant part, that the "Controller *shall,* on receipt of an application in the prescribed manner, grant a compulsory licence solely for the manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him." (emphasis mine) Due to the public interest surrounding these proceedings, representatives from the Lawyers Collective HIV/AIDS Unit and MSF Access Campaign attended the hearing. (Interestingly, counsel for the patentees, Mr. Pravin Anand, objected to our presence, claiming that this was a closed hearing that was not open to the public. He expressed concern that the Lawyers Collective was adverse to his clients on other matters, and had taken positions against "innovator" companies in the press, to the government, and in the courts. We replied that there was no provision in the Patents Act that required such hearings to be closed, and that it was in the public interest that such proceedings be open to the public. We further stated that we were not parties to the current proceedings, and the issue of whether anyone was adverse to his clients on other matters had no bearing on the right to observe these proceedings. Ultimately, Mr. Anand consented to our presence in the proceedings, with his objection to our presence placed on record.) What follows is a brief synopsis of the proceedings, interspersed with a few clarifications on the Indian law as and when appropriate. The patentees' central argument that it was entitled to be heard during the consideration of Natco's compulsory licence application was based on the premise that under both statutory and common law, the Patent Controller was required to grant the patentees a hearing before exercising any discretionary action adverse to their interests. To buttress its argument that the Controller was required to do so, the patentees pointed to provisions in the Patents Act that required the Patent Controller to grant a "patent applicant" or any "party to a proceeding" a hearing prior to exercising any discretionary power adversely. They argued that there was no material difference between "patent applicant" and "patentee," and therefore these provisions (section 80 and rule 129) obligated the Controller to grant a hearing before granting a compulsory licence under section 92A. It should be noted, however, that the language of section 92A is mandatory, not discretionary, and the Controller is required, upon receipt of an application in the "prescribed manner," to grant a compulsory licence for export. The patentees also argued that under fundamental common-law principles of "natural justice" (similar to the doctrine of "due process" in other jurisdictions), an opportunity to be heard was required before any action adverse to the patentee's interests was taken by the state. Finally, the patentees argued that they were a necessary party to these proceedings, as the Controller would need access to information in the patentees' sole possession to determine what amounted to "adequate remuneration" for the compulsory licence. The patentees pointed to a provision in the Patents Act that required the Controller to look to the "nature of the invention," "the expenditure incurred by the patentee in making the invention," and other factors in determining adequate remuneration for a compulsory licence. This section (section 90) expressly limits its application to compulsory licences granted under a separate provision (section 84) of the Patents Act - one in which the patentee's right to be heard is expressly recognised. ***** Counsel for Natco, Mr. S Majumdar, responded by arguing that the history of the Doha Declaration and the 30 August Decision fully justified the differential treatment of compulsory licences for export under section 92A, in which no right of hearing is expressly provided, with the normal procedures governing compulsory licences (as provided under sections 84-92) in which the patentee's right to a hearing is expressly recognised. (Even under these "normal" compulsory licensing provisions however, expedited measures for granting compulsory licences in situations of national emergency, situations of extreme urgency, or for public non-commercial use are available, and the requirement for providing the patentee with an opportunity to be heard can be dispensed with by the Controller in such circumstances.) Natco argued that the Doha Declaration expressly recognised the gravity of public health problems that developing countries were facing, and sought to "balance the needs" of both patent holders and countries facing an urgent need to provide affordable medicines to its people. Natco argued that the 30 August Decision, when read with the Doha Declaration, evinced a policy that "when there is a need [for drugs produced under compulsory licence], there should be a rapid response." In support of its argument that there was no requirement to give a patentee the opportunity to be heard prior to the issuance of a compulsory licence, counsel for Natco pointed to Canada's Access to Medicines Regime, which similarly does not grant the right of a hearing to the patent holder during the application process (section 21.04), but merely gives the patentee the right to challenge the validity of the compulsory licence after the fact in a federal court (section 21.14). Similarly, Natco argued, the patentees in India retained the right to challenge the grant of a compulsory licence in the courts if and when the compulsory licence was granted. In response to the patentees' argument that the Controller could only determine the amount of adequate remuneration with the assistance of the patentees, counsel for Natco relied on the WHO/UNDP's publication, "Remuneration Guidelines for Non-Voluntary Use of a Patent Medical Technologies" which laid out several easily calculated methods for determining adequate remuneration in such circumstances without the involvement of the patentees. Responding to the patentees' assertion that "patent applicant" and "patentee" were essentially the same, Natco pointed to the definition of "patentee" in the Patents Act to show that a "patent applicant" and "patentee" were distinct entities under the law, and thus the provisions relating to the use of discretionary power for patent applicant had no application to the current proceedings. Finally, counsel for Natco argued that even the common law doctrine of natural justice recognised that the right to be heard was not absolute, and could be dispensed with in situations that required prompt action in the public interest. Counsel for Natco argued that this was precisely such a situation in which prompt action was required. Natco pointed out that its compulsory licence application was filed in December 2007, and that the intervention of the patentees had already delayed the application's consideration by several months. ***** On rebuttal, counsel for the patentees distinguished the comprehensive nature of Canada's legislation from the spare language contained in section 92A. He pointed out the numerous safeguards contained in the Canadian legislation that ensured that the patentee would be treated fairly, such as the requirement that the applicant for the compulsory licence first attempt to obtain a voluntary licence (which Natco apparently had not done in this instance); and that the holder of a compulsory licence provide notifications to the patentee of the impending export of the product produced under the compulsory licence. Counsel for the patentees argued that no such requirements were included in the Indian legislation, and in the absence of such comprehensive safeguards as contained in the Canadian legislation, the very least that the Controller could do was to allow the patentee to be heard during the application process to ensure fair treatment. Counsel for patentees further argued that the "notice" by the Nepal government that Natco was relying upon was insufficient to amount to a formal notification of an intent to import drugs produced under a compulsory licence. He alleged that Natco, in its application for a compulsory licence, had merely submitted a letter from the Nepal government recommending that one consignment of erlotinib be approved for import from India during the period 2006-2007. He argued that this was insufficient to demonstrate Nepal's intent to utilise the 30 August mechanism to import drugs produced under a compulsory licence. In contrast, he pointed to the formal notification provided to the WTO by Rwanda of its intent to utilise the paragraph 6 implementation. ***** The hearing concluded, and the parties agreed to submit their written submissions to the Controller within seven days of the hearing. We are in the process of attempting to obtain copies of Natco’s application and other related papers from the Patent Office under India’s Right to Information Act. They will be posted on our website (www.lawyerscollective.org) as and when we obtain them. From prashantiyengar at gmail.com Thu Mar 20 20:11:03 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 20 Mar 2008 20:11:03 +0530 Subject: [Commons-Law] Natco's application for CL for Export - Hearing in the Delhi Patent Office In-Reply-To: <476667.19461.qm@web50711.mail.re2.yahoo.com> References: <476667.19461.qm@web50711.mail.re2.yahoo.com> Message-ID: <908adbd0803200741g78438aa0v5953a4bf87563fef@mail.gmail.com> Dear Chan, Thank you for this excellent coverage. Look forward to receiving more updates from you about this issue Prashant On 3/20/08, chan park wrote: > > The Delhi Patent Office held a hearing yesterday to > determine whether under Indian law, a patent holder > has the right to a hearing when an application for a > compulsory licence for export is filed. Late last > year, the Indian generic pharmaceutical company Natco > had filed an application for a compulsory licence to > allow it to produce a cancer drug, erlotinib, for > export to Nepal. The Indian patent for this drug was > granted to Pfizer and OSI Pharmaceuticals in July > 2007. OSI entered into a marketing agreement with > Roche for distribution of erlotinib outside the United > States. > > > Indian law, under section 92A of the Patents Act, > allows for compulsory licences on pharmaceutical > products to be granted for export to countries with > insufficient manufacturing capacity. This provision > was included during the 2005 amendments to incorporate > the WTO's August 30 Decision, which provides a waiver > of the requirement under Article 31(f) of TRIPS that > products produced under a compulsory licence be > predominantly for domestic use. > > > Section 92A, as drafted, makes no specific mention of > the patent holder's right to a hearing, and states, in > relevant part, that the "Controller *shall,* on > receipt of an application in the prescribed manner, > grant a compulsory licence solely for the manufacture > and export of the concerned pharmaceutical product to > such country under such terms and conditions as may be > specified and published by him." (emphasis mine) > > > Due to the public interest surrounding these > proceedings, representatives from the Lawyers > Collective HIV/AIDS Unit and MSF Access Campaign > attended the hearing. (Interestingly, counsel for the > patentees, Mr. Pravin Anand, objected to our presence, > claiming that this was a closed hearing that was not > open to the public. He expressed concern that the > Lawyers Collective was adverse to his clients on other > matters, and had taken positions against "innovator" > companies in the press, to the government, and in the > courts. We replied that there was no provision in the > Patents Act that required such hearings to be closed, > and that it was in the public interest that such > proceedings be open to the public. We further stated > that we were not parties to the current proceedings, > and the issue of whether anyone was adverse to his > clients on other matters had no bearing on the right > to observe these proceedings. Ultimately, Mr. Anand > consented to our presence in the proceedings, with his > objection to our presence placed on record.) What > follows is a brief synopsis of the proceedings, > interspersed with a few clarifications on the Indian > law as and when appropriate. > > > The patentees' central argument that it was entitled > to be heard during the consideration of Natco's > compulsory licence application was based on the > premise that under both statutory and common law, the > Patent Controller was required to grant the patentees > a hearing before exercising any discretionary action > adverse to their interests. To buttress its argument > that the Controller was required to do so, the > patentees pointed to provisions in the Patents Act > that required the Patent Controller to grant a "patent > applicant" or any "party to a proceeding" a hearing > prior to exercising any discretionary power adversely. > They argued that there was no material difference > between "patent applicant" and "patentee," and > therefore these provisions (section 80 and rule 129) > obligated the Controller to grant a hearing before > granting a compulsory licence under section 92A. > > > It should be noted, however, that the language of > section 92A is mandatory, not discretionary, and the > Controller is required, upon receipt of an application > in the "prescribed manner," to grant a compulsory > licence for export. > > > The patentees also argued that under fundamental > common-law principles of "natural justice" (similar to > the doctrine of "due process" in other jurisdictions), > an opportunity to be heard was required before any > action adverse to the patentee's interests was taken > by the state. > > > Finally, the patentees argued that they were a > necessary party to these proceedings, as the > Controller would need access to information in the > patentees' sole possession to determine what amounted > to "adequate remuneration" for the compulsory licence. > The patentees pointed to a provision in the Patents > Act that required the Controller to look to the > "nature of the invention," "the expenditure incurred > by the patentee in making the invention," and other > factors in determining adequate remuneration for a > compulsory licence. > > > This section (section 90) expressly limits its > application to compulsory licences granted under a > separate provision (section 84) of the Patents Act - > one in which the patentee's right to be heard is > expressly recognised. > > > ***** > > > Counsel for Natco, Mr. S Majumdar, responded by > arguing that the history of the Doha Declaration and > the 30 August Decision fully justified the > differential treatment of compulsory licences for > export under section 92A, in which no right of hearing > is expressly provided, with the normal procedures > governing compulsory licences (as provided under > sections 84-92) in which the patentee's right to a > hearing is expressly recognised. (Even under these > "normal" compulsory licensing provisions however, > expedited measures for granting compulsory licences in > situations of national emergency, situations of > extreme urgency, or for public non-commercial use are > available, and the requirement for providing the > patentee with an opportunity to be heard can be > dispensed with by the Controller in such > circumstances.) > > > Natco argued that the Doha Declaration expressly > recognised the gravity of public health problems that > developing countries were facing, and sought to > "balance the needs" of both patent holders and > countries facing an urgent need to provide affordable > medicines to its people. Natco argued that the 30 > August Decision, when read with the Doha Declaration, > evinced a policy that "when there is a need [for drugs > produced under compulsory licence], there should be a > rapid response." > > > In support of its argument that there was no > requirement to give a patentee the opportunity to be > heard prior to the issuance of a compulsory licence, > counsel for Natco pointed to Canada's Access to > Medicines Regime, which similarly does not grant the > right of a hearing to the patent holder during the > application process (section 21.04), but merely gives > the patentee the right to challenge the validity of > the compulsory licence after the fact in a federal > court (section 21.14). Similarly, Natco argued, the > patentees in India retained the right to challenge the > grant of a compulsory licence in the courts if and > when the compulsory licence was granted. > > > In response to the patentees' argument that the > Controller could only determine the amount of adequate > remuneration with the assistance of the patentees, > counsel for Natco relied on the WHO/UNDP's > publication, "Remuneration Guidelines for > Non-Voluntary Use of a Patent Medical Technologies" > which laid out several easily calculated methods for > determining adequate remuneration in such > circumstances without the involvement of the > patentees. > > > Responding to the patentees' assertion that "patent > applicant" and "patentee" were essentially the same, > Natco pointed to the definition of "patentee" in the > Patents Act to show that a "patent applicant" and > "patentee" were distinct entities under the law, and > thus the provisions relating to the use of > discretionary power for patent applicant had no > application to the current proceedings. > > > Finally, counsel for Natco argued that even the common > law doctrine of natural justice recognised that the > right to be heard was not absolute, and could be > dispensed with in situations that required prompt > action in the public interest. Counsel for Natco > argued that this was precisely such a situation in > which prompt action was required. Natco pointed out > that its compulsory licence application was filed in > December 2007, and that the intervention of the > patentees had already delayed the application's > consideration by several months. > > > ***** > > > On rebuttal, counsel for the patentees distinguished > the comprehensive nature of Canada's legislation from > the spare language contained in section 92A. He > pointed out the numerous safeguards contained in the > Canadian legislation that ensured that the patentee > would be treated fairly, such as the requirement that > the applicant for the compulsory licence first attempt > to obtain a voluntary licence (which Natco apparently > had not done in this instance); and that the holder of > a compulsory licence provide notifications to the > patentee of the impending export of the product > produced under the compulsory licence. Counsel for > the patentees argued that no such requirements were > included in the Indian legislation, and in the absence > of such comprehensive safeguards as contained in the > Canadian legislation, the very least that the > Controller could do was to allow the patentee to be > heard during the application process to ensure fair > treatment. > > > Counsel for patentees further argued that the "notice" > by the Nepal government that Natco was relying upon > was insufficient to amount to a formal notification of > an intent to import drugs produced under a compulsory > licence. He alleged that Natco, in its application > for a compulsory licence, had merely submitted a > letter from the Nepal government recommending that one > consignment of erlotinib be approved for import from > India during the period 2006-2007. He argued that > this was insufficient to demonstrate Nepal's intent to > utilise the 30 August mechanism to import drugs > produced under a compulsory licence. In contrast, he > pointed to the formal notification provided to the WTO > by Rwanda of its intent to utilise the paragraph 6 > implementation. > > > ***** > > > The hearing concluded, and the parties agreed to > submit their written submissions to the Controller > within seven days of the hearing. > > > We are in the process of attempting to obtain copies > of Natco's application and other related papers from > the Patent Office under India's Right to Information > Act. They will be posted on our website > (www.lawyerscollective.org) as and when we obtain > them. > > > _______________________________________________ > commons-law mailing list > commons-law at sarai.net > https://mail.sarai.net/mailman/listinfo/commons-law > From vishwas123 at gmail.com Sat Mar 22 06:39:05 2008 From: vishwas123 at gmail.com (vishwas devaiah) Date: Sat, 22 Mar 2008 01:09:05 +0000 Subject: [Commons-Law] status of stem cell guidelines Message-ID: <1a2579a20803211809m7a2a8051q4c2e8147bdc161a9@mail.gmail.com> Does any one know the status of the Stem cell guidelines in India. Last I heard it was before the health ministry ( Dec 2008). Further, are guidelines formulated by ICMR enforceable? Vishwas On Wed, Mar 19, 2008 at 11:43 AM, Rahul Matthan wrote: > There is one other fact that we need to consider. Most ISP contracts with > their subscribers will be almost verbatim reproductions of the ISP license > that the ISP has entered into with the DOT (the only exception is probably > the old VSNL contracts since VSNL, as the incumbent, did not feel bound by > these stipulations)> Therefore, there will be a chain of contracts and since > the ISP is bound to "ensure" that encryption is not employed, DOT could > force them to take action against the subscribers. > > However widely the Act is drafted, I doubt we can move so far away from > our "privity" jurisprudence to encompass lay users. > > Rahul > > -- > > Rahul Matthan > Partner > Trilegal > > 149, Richmond Road > Bangalore 560025 > > Direct : +91-80-4151-5201 > Board : +91-80-4151-5252 > Fax : +91-80-4151-5210 > > CONFIDENTIALITY NOTE > > The contents of this message may be legally privileged and confidential, for > the use of the intended recipient(s) only. It should not be read, copied and > used by anyone other than the intended recipient. If you have received this > message in error, please immediately notify us at the above co-ordinates, > preserve its confidentiality and delete it from your system. Thank you. > > > > Prashant Iyengar wrote: > > Hi Rahul, > I am also struggling to understand this. You're right that the DoT > contracts only with the ISP and not the end customer. > The relevant Clause 2.2(vi) of the ISP license is curiously worded: > > The Licensee shall ensure that Bulk Encryption is not deployed by > ISPs. Further, Individuals/ Groups/ Organizations are permitted to use > encryption up to 40 bit key length in the symmetric key algorithms or > its equivalent in other algorithms without obtaining permission from > the Licensor. However, if encryption equipments higher than this limit > are to be deployed, individuals/groups/organizations shall obtain > prior written permission of the Licensor and deposit the decryption > key, split into two parts, with the Licensor. > > So under what law does the Central Government get a monopoly over encryption? > Under the Telegraph Act, the Central Government has the "exclusive > privilege" of establishing, maintaining and using telegraphs (which is > broadly defined to include anything which is capable of sending and > receiving messages electronically). > So do we understand Clause 2.2(vi) as saying that the Central > Government licenses the individual to use his lan card (which is a > kind of telegraph) for accessing the internet on the condition that > the message is not encoded greater than 40 bits? > Under this interpretation, if anyone contravenes this provision, > he/she can be proceeded against under section 20A of the Telegraph Act > - contravention of conditions of a license.."fine which may extend to > one thousand rupees, and with a further fine which may extend to five > hundred rupees for every week during which the breach of the condition > continues". > My web browser uses SSL which is a 128 bit technology! > > Alternatively, there is the interpretation that you suggest. As a > third party to the contract, the DoT cannot proceed against me > directly. The best it can do is to cancel the license with the ISP and > proceed against the functionaries of the ISP. > > Like you say, this is not clear at all. > Prashant > > > On Wed, Mar 19, 2008 at 4:12 PM, Rahul Matthan > wrote: > > I am struggling to understand how a travel company is going to be > treated as an ISP. The regulations apply to the ISPs who, as licensees, > have agreed contractually to the encryption levels. Online travel > companies are users of internet services - their contract is with the > ISP and they are not regulated by the DOT. Is the DOT requiring the ISPs > to enforce this 40 bit encryption regulation on its subscribers? > > Rahul > > > > Prashant Iyengar wrote: > > http://www.thehindubusinessline.com/2008/03/19/stories/2008031952430100.htm > > > > > > DoT move is a fallout of Blackberry controversy > > > > Encryption codes are a way to scramble information sent online in such > > a way that only the desired recipient has the key to unscramble them. > > > > Thomas K Thomas > > Rahul Wadke > > > > New Delhi/Mumbai March 18 > > > > Online banking operations and e-commerce transactions including > > purchase through credit cards may be open to Government surveillance > > as a fallout of the recent Blackberry controversy. > > > > The Department of Telecom is now taking steps to ensure that all > > providers of Internet services strictly follow the prescribed > > encryption code. As per the existing law, all Internet-based service > > providers are required to submit a decryption key to the Government if > > they use more than 40 bit encryption code to secure the transactions. > > > > Encryption codes are essentially a way to scramble information sent > > online in such a way that only the desired recipient has the key to > > unscramble it and convert it back to its original form. > > > > However, as it was found out in the Blackberry case, a number of > > service providers are not strictly following the rule and have not > > submitted the decryption code. The issue came to light when telecom > > operators providing Blackberry services told DoT last week that the > > Government was singling out one service for allegedly violating the > > encryption laws. > > > > Most of the e-commerce web sites like those selling airline and movie > > tickets and banking application web sites use more than 128 bit > > encryption code. The higher code is required to keep the transactions > > secure. The problem with using higher encryption codes is that the > > Indian security agencies find it impossible to track any specific > > transaction unless they have the decryption codes. > > > > However, the Internet Service Providers termed DoT's policy as archaic > > and said that they have already requested DoT to raise the permitted > > levels from 40 bits to at least 128 bits in line with the changing > > technology. "The existing encryption laws were made when Internet > > services were just beginning to take shape in the country. It is > > really unfair to stick to the same standards when technology is > > enabling more secure transactions and highly complex transactions. If > > DoT insists on the 40 bit encryption then it will be taking the > > Internet back to the dark ages," said Mr Rajesh Chharia, President, > > Internet Service Providers Association. > > > > Industry experts said that DoT's policy was not practical on two > > counts. First, no company will give away its patented codes to leaky > > Government departments as it could make e-commerce applications > > unsecure and, therefore, useless. Second, under the existing rules, > > the procedure for submitting decryption keys, which is in digital > > form, has not been laid out. So even if anyone was bold enough to give > > the code to the Government, they would not know how to submit it. "In > > developed countries like the US there is no limit on the encryption > > code. Monitoring is done by their security agencies using the most > > sophisticated technology. DoT should invest in setting up monitoring > > centres which can do the job without limiting the scope of Internet > > services," said Mr Amitabh Singhal of Elxess Consulting Services. > > _______________________________________________ > > commons-law mailing list > > commons-law at sarai.net > > https://mail.sarai.net/mailman/listinfo/commons-law > > > > > > -- > This message has been scanned for viruses and dangerous content > by SevaSecure Mail Service, and is believed to be clean. > > > > > > -- > This message has been scanned for viruses and dangerous content > by *SevaSecure Mail Service*, and is believed to be clean. > > _______________________________________________ > commons-law mailing list > commons-law at sarai.net > https://mail.sarai.net/mailman/listinfo/commons-law > > -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080322/f0f2ae0c/attachment-0001.html From prashantiyengar at gmail.com Sat Mar 22 09:02:57 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Sat, 22 Mar 2008 09:02:57 +0530 Subject: [Commons-Law] Monsanto, Greenpeace clash over GM brinjal safety in India Message-ID: <908adbd0803212032t42fc5499pe968025ae515186a@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317679 Monsanto, Greenpeace clash over GM brinjal safety in India Joe C Mathew / New Delhi March 22, 2008 The MNC's seed partner doesn't want details of its safety test in the public domain. A case filed in the Delhi High Court will decide the fate of exclusive data shared by companies with the government. Companies, especially those in the pharmaceutical and agri-chemicals businesses, don't want such data to be made public in order to protect their commercial interests. Maharashtra Hybrid Seeds Company Ltd (Mahyco), the seed partner of multinational agro-biotech major Monsanto Corporation, has moved the Delhi High Court against a Central Information Commission order seeking details of the safety test data generated during clinical trials of its genetically modified (GM) brinjal, the first GM edible crop to be introduced in India. Mahyco had submitted the data with the department of biotechnology for regulatory clearances. Divya Raghunandan, a representative of global environmental watchdog Greenpeace, had sought this information under the Right to Information (RTI) Act. The department turned down the plea on the grounds that the information sought by Greenpeace included "commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party". Overruling the department, the Central Information Commission found merit in the Greenpeace argument that the data were not meant for commercial purposes and was sought to ascertain the risks that transgenic crops pose, particularly when open air field trials are being conducted in several places across the country. Mahyco has gone to court to keep the data from being put out in the public domain. In its petition, it has also said that the Central Information Commission's order violates the obligations of India under the Trade- Related Intellectual Property Rights Agreement of the World Trade Organisation. The Delhi High Court passed an interim order in December 2007 staying the order till the next hearing of the case on April 23. Some activists have thrown in their lot with Greenpeace. "The RTI Act clearly overrules any other rule that provides 'data protection' if the public authority is satisfied that larger public interest warrants the disclosure of such information," RTI activist Prashant Bhushan said. However, the department of biotechnology has said that the regulatory clearance for conducting trials of Mahyco's brinjal was given after proper scrutiny and they pose no public health hazards. Greenpeace has obtained similar data on Monsanto's genetically modified insect resistant maize in Europe through a court order. The Monsanto data, when independently evaluated, had given rise to conclusions that were contradictory to Monsanto's observations. Armed with the new data, the international NGO had launched a campaign, though not with much success, to see that the marketing approval given to the particular maize variety (MON 863) in Europe was withdrawn. Greenpeace is looking at the possibilities of a similar review of the data generated by Mahyco for its brinjal variety.. From prashantiyengar at gmail.com Sat Mar 22 09:52:06 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Sat, 22 Mar 2008 09:52:06 +0530 Subject: [Commons-Law] UP for exclusive rights for its famous products Message-ID: <908adbd0803212122p607632c3tea91089679e4bf26@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317623 UP for exclusive rights for its famous products Shruti Srivstava / New Delhi/ Lucknow March 22, 2008 Uttar Pradesh may soon have exclusive rights over five of its most famous products. The Export Promotion Bureau of Uttar Pradesh and the Indian Industries Association are working to acquire geographical indicator certifications for the same. The five area-specific products include brassware of Moradabad, mango of Malihabad, glassware of Ferozabad, leather of Kanpur and chikankari products. "A detailed plan is being worked out for the promotion of UP handicrafts," informed Prabhat Kumar, joint commissioner, Export Promotion Bureau (EPB), Uttar Pradesh. Referring to the importance of branding the traditional crafts of the state, Jacob Thomas, principal secretary, UP Small Scale Industry and Export Promotion, said that these crafts are unmatched anywhere in the world, but require a strong marketing support. He further informed that for the remaining four years of the 11th five year plan, a detailed Plan of Action for popularising these traditional crafts will be worked out in April this year. He was speaking on the occasion of a workshop on the "Use of IPR to Boost Exports". From prashantiyengar at gmail.com Sat Mar 22 09:54:17 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Sat, 22 Mar 2008 09:54:17 +0530 Subject: [Commons-Law] Rajasthan handloom products to be registered Message-ID: <908adbd0803212124w2887ac2cl13853f6735e95b82@mail.gmail.com> http://www.thehindu.com/2008/03/22/stories/2008032251310600.htm Back Other States - Rajasthan Rajasthan handloom products to be registered Sunny Sebastian "Need to protect them from fakes, give an exclusive identity" "Need to prove that these products are characteristic to Sanganer, Bagru" JAIPUR: After the famous Kota Doria saris, two more area-specific handloom products named after the townships of Sanganer and Bagru in Rajasthan are on the way to obtaining registration under the Geographical Indication Act (GIA). Rajasthan's Rural Non-Farm Development Agency (RUDA), Indian Merchants' Chamber and UNCTAD (United Nations Conference on Trade and Development) have agreed to help "bunkers" (weavers) and "cheepas" (block printers) making this exclusive handloom variety to get the registration which would not only protect their products from fakes and power-loom clothing but also help give an exclusive identity. "We are planning to pursue the case of Sanganer and Bagru prints in partnership with RUDA and IMC," reveals Abhijit Das, Deputy Project Coordinator, UNCTAD. "For this we have to establish how these products are characteristic to a particular geographical area and tradition and that they have been there for at least 100 years," he notes. Mr. Das, along with IMA chairman Suresh Kotak, was here to address artisans at a workshop on handloom and hand block printing organised by RUDA this past weekend. Kota Doria, produced in and around Kota town in south Rajasthan and brought under GIA a few years ago, has since seen a revival. "The sector has picked up considerably during the past five years. The traditional weavers, who were abandoning the profession, have come back to the trade," notes Nasruddin Ansari, chairman of the Kota Doria Development Hadauti Foundation. Though the products are in demand, the lot of those involved in traditional handloom and block printing in Sanganer and Bagru -- two small towns in the neighbourhood of Jaipur -- is not so inspiring due to fakes and mushrooming of screen-printing units. "We have kept the tradition and skill intact but there is a looming threat from the power-loom sector," laments Brij Ballabh Udaiwal, secretary of the Kalico Printers' Cooperative Society in Sanganer. Sanganer's 150 units are outnumbered by 500 factories engaged in screen printing. Bagru's cheepas complain of lack of recognition to the "real" quality. (c) Copyright 2000 - 2008 The Hindu From nicheant at gmail.com Mon Mar 24 00:05:35 2008 From: nicheant at gmail.com (=?UTF-8?Q?Nishant_?= =?UTF-8?Q?|_=E0=A4=A8=E0=A4=BF=E0=A4=B6=E0=A4=BE=E0=A4=81=E0=A4=A4?=) Date: Mon, 24 Mar 2008 00:05:35 +0530 Subject: [Commons-Law] Askpedia in Trouble over Name Message-ID: <4439ee330803231135t65c08009p9deabc33e56ab9d5@mail.gmail.com> Start-up Askpedia: IAC doesn't like our name By Caroline McCarthy – March 22, 2008, 5:20 PM PDT Just how much does Ask.com own the word "Ask?" Enough to have a problem with a question-and-answer site called "Askpedia," apparently. Representatives from the start-up Askpedia.com told CNET News.com that the search engine's parent company, InterActiveCorp, sent a cease-and-desist letter earlier this month, citing intellectual property violations in the name "Askpedia." "(This) is likely to cause consumer confusion, particularly inasmuch as Askpedia purports to provide online informational services that are substantially similar to those provided by Ask," the letter dated March 13 reads. "In using and incorporating Ask's intellectual property in this manner, Askpedia is falsely suggesting a connection between Ask and Askpedia, and thereby misappropriating the substantial good will associated with Ask's trademarks." IAC representatives were contacted to verify the contents of the cease-and-desist letter, but were not immediately available for comment. Ask.com's trademark on the name was first filed April 28, 1999, when the company was still known as Ask Jeeves and had not yet been acquired by the Barry Diller-helmed IAC in 2005. These days, the search engine has been undergoing a restructuring process in order to handle its tepid market share. The letter, signed by Edward T. Ferguson, IAC senior vice president and general counsel, and provided to CNET News.com by Askpedia representatives, goes on to request that Askpedia "cease and desist from all use of Ask's trademarks and other intellectual property, including without limitation in the name 'Askpedia' or any similar formation using the word 'ask,'" and agree not to do so in the future. A deadline of 10 days was provided, meaning that IAC would presumably seek legal action after Sunday, March 23. Yong Su Kim, CEO of Askpedia, which describes itself as "a knowledge marketplace for questions and answers" and awards cash prizes to the best answers, said that his small start-up has about 100,000 registered users. He sent an e-mail to CNET News.com in which he speculated that "our guess is that their lawyers have nothing better to do." Kim continued, "Either that or they're working on a Wikipedia-like service and want the domain name and trademark." * * -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080324/8fc269b7/attachment.html From prashantiyengar at gmail.com Tue Mar 25 11:06:46 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Tue, 25 Mar 2008 11:06:46 +0530 Subject: [Commons-Law] GI tag: Karnataka State to register nine crops this year Message-ID: <908adbd0803242236t434ef6acle648d1d9bc04ec50@mail.gmail.com> http://www.thehindu.com/2008/03/25/stories/2008032554170500.htm Back Karnataka - Bangalore GI tag: State to register nine crops this year Special Correspondent 21 crops have been lined up for registration next year BANGALORE: Karnataka, which has already registered six of its native and unique varieties of crops under the Geographical Indications of Goods Act 1999, is in the process of registering an additional nine crops under this Act to protect the exclusive rights of State farmers over these crops and also to provide a brand value. This is not all. The State has lined up another 21 crops for registration which would be taken up after the completion of the process with respect to the above nine crops. Announcing this at a sensitisation workshop on Geographical Indications organised by the Horticulture Department in Bangalore on Monday, Horticulture Secretary P. Ganeshan said the State was likely to get the registration for these nine crops by the end of this year. Similarly, the registration for the 21 crops in the line-up would be taken up next year. The crops for which the Geographical Indication tag is sought are: Byadagi Chilli, Devanahalli Chakkota, Kamalapura Red Banana, Sagar Appe Midi Mango, Mattu Gulla Brinjal, Bangalore Rose Onion, Totapuri Mango, Bangalore Blue Grapes and Janagere Jackfruit. Mr. Ganeshan said the Horticulture Department wanted to create a brand value to the unique crops of the State through GI registration. This would go a long way in getting remunerative prices to farmers, especially in the international market, he said. Karnataka is leading other States in getting GI tags for its crops as six out of the 10 crops in the country for which GI tag has been provided are from the State. The Department would concentrate on popularising these . A team of growers of Udupi Mallige, Hadagali Mallige and Mysore Mallige flower would be sent to the Netherlands to attend the international floricultural meet, he said. Lokayukta Santosh Hegde, who inaugurated the workshop, stressed the need for creating awareness about the need to protect the rights over native crops and goods. The former Vice-Chancellor of Tamil Nadu University S. Jayaraj said Karnataka had immense potential to register a large number of crops under the GI as the State had diversity of agro-climatic condition that promoted rich bio-diversity. From prashantiyengar at gmail.com Tue Mar 25 11:18:45 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Tue, 25 Mar 2008 11:18:45 +0530 Subject: [Commons-Law] DoT warning on Blackberry Message-ID: <908adbd0803242248l31428f1cnb7b21479534239ac@mail.gmail.com> DoT warning on Blackberry http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317927 Press Trust Of India / New Delhi March 25, 2008 Having come under scanner for security lapses in use of Blackberry services, the government has issued a stern warning to telecom companies to put the required security system in place within 15 days or stop the services. Officials in the Department of Telecommunications (DoT) said a directive had been issued to the service providers to work with the officials of Blackberry licensor Research in Motion (RIM) of Canada to provide fool-proof security system. If the services are stopped, over 400,000 users of Blackberry will not be able to use this premium service, which enables them to access e-mail in the form of SMS. The DoT secretary recently said the government was keen to resolve the matter at the earliest. When contacted, a RIM spokesperson said they operate in more than 130 countries and respect the regulatory requirements of different governments. RIM does not comment on confidential regulatory matters or speculation on such matters in any given country, it said. Telecom Minister A Raja had said that the security of the country was paramount and would not be sacrificed at any cost. C-DoT, a technical wing of the DoT, has the monitoring capabilities provided the licensor puts the server (that will enable interception of contents of e-mails, if required) in India. Currently, Bharti Airtel, Vodafone-Essar, BPL Mobile and Reliance Communications offer this premium service. According to sources, most high-end users of these companies have shifted to Blackberry services. The controversy came to the fore after Tata Teleservices was denied permission to offer this value-added service by the Ministry of Home Affairs saying there was no provision for lawful interception of the service. Tatas had then said that there should be a level-playing field. Sources in DoT said Tata's application for permission to launch Blackberry services was still pending and might not be cleared till the matter was resolved. It also pointed out that the DoT must verify whether the existing service providers took the government's permission to start services or they started on their own. There should be a proper investigation in the entire matter. When contacted, operators said they were not aware of any such directive from the government. From k.ravisrinivas at gmail.com Tue Mar 25 12:49:53 2008 From: k.ravisrinivas at gmail.com (ravi srinivas) Date: Tue, 25 Mar 2008 12:49:53 +0530 Subject: [Commons-Law] GI protection Message-ID: I notice that many products including varieties of crops/vegetables are getting registered or proposed to be registered as GIs. While GI does help the producers and growers and consumers I wonder how effective this protection will be if it is extended to anything and everything that is identified with a particular locality or place. Can it be claimed that in all these cases the uniqueness is due to location alone. In cases like 'Bangalore Rose Onion' and 'Bangalore Blue Grapes' does it mean that these are still grown in Bangalore and if so what exactly is meant by 'Bangalore' in these case in terms of geography of the city/place. ravi srinivas -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/defanged-5517 Size: 1075 bytes Desc: not available Url : http://mail.sarai.net/pipermail/commons-law/attachments/20080325/75a9d67d/attachment.bin From prashantiyengar at gmail.com Tue Mar 25 14:06:56 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Tue, 25 Mar 2008 14:06:56 +0530 Subject: [Commons-Law] DoT warning on Blackberry Message-ID: <908adbd0803250136y28fc426fi77ca6dd56f5bee97@mail.gmail.com> Hi, The Blackberry controversy drags on with the DoT issuing a fifteen day ultimatum to telecom companies to put in place a suitable wiretapping system. The Business Standard article included below suggests that before Tata, other operators may not have specifically applied for and obtained a license to specifically introduce Blackberry devices. Prashant DoT warning on Blackberry Press Trust Of India / New Delhi March 25, 2008 Having come under scanner for security lapses in use of Blackberry services, the government has issued a stern warning to telecom companies to put the required security system in place within 15 days or stop the services. Officials in the Department of Telecommunications (DoT) said a directive had been issued to the service providers to work with the officials of Blackberry licensor Research in Motion (RIM) of Canada to provide fool-proof security system. If the services are stopped, over 400,000 users of Blackberry will not be able to use this premium service, which enables them to access e-mail in the form of SMS. The DoT secretary recently said the government was keen to resolve the matter at the earliest. When contacted, a RIM spokesperson said they operate in more than 130 countries and respect the regulatory requirements of different governments. RIM does not comment on confidential regulatory matters or speculation on such matters in any given country, it said. Telecom Minister A Raja had said that the security of the country was paramount and would not be sacrificed at any cost. C-DoT, a technical wing of the DoT, has the monitoring capabilities provided the licensor puts the server (that will enable interception of contents of e-mails, if required) in India. Currently, Bharti Airtel, Vodafone-Essar, BPL Mobile and Reliance Communications offer this premium service. According to sources, most high-end users of these companies have shifted to Blackberry services. The controversy came to the fore after Tata Teleservices was denied permission to offer this value-added service by the Ministry of Home Affairs saying there was no provision for lawful interception of the service. Tatas had then said that there should be a level-playing field. Sources in DoT said Tata's application for permission to launch Blackberry services was still pending and might not be cleared till the matter was resolved. It also pointed out that the DoT must verify whether the existing service providers took the government's permission to start services or they started on their own. There should be a proper investigation in the entire matter. When contacted, operators said they were not aware of any such directive from the government. From taapsi at gmail.com Tue Mar 25 23:28:51 2008 From: taapsi at gmail.com (taapsi johri) Date: Tue, 25 Mar 2008 23:28:51 +0530 Subject: [Commons-Law] GI protection In-Reply-To: References: Message-ID: <706952230803251058l1b953312hc3f386b4ea371bec@mail.gmail.com> Hi Ravi Ideally only a that product would be identified as a GI that is actually made in the geographic region which the product is 'evocative' of.. so if some onion is sold as Bangalore rose onion ..it should actually be from the place in Bangalore that it is evocative of. (google search says Bangalore Red Onions are grown in some rural localities in Bangalore) What differentiates this variety from other varieties of onion (flavour/shelf-life/smell etc.) would be mentioned in the GI application...and these would be characteristics which can be attributed to the place they come from. GI protection cannot be extended to anything and everything that is identified with a particular locality or place..it has to show characteristics that can be attributed to the locality..to me it seems similar to a patent sort of situation..one difference being that ownership is with the community that applies for registration of the GI.(the members of the same would be authorised users). In a GI application too...one has to show why it is worthy of a GI (there r sometimes claims too.. for example in an alloy.. so the combination of different metals would be identified..)..what r the characteristics that r attributed to the place etc..and who shall be authorised users etc. I am not aware of any case study about the post-registration-workings of any associations/community that registered a GI..or even a case study on how they were benefited from a GI registration. If anybody is ..do forward it. best regards Taapsi On 3/25/08, ravi srinivas wrote: > > I notice that many products including varieties of crops/vegetables are > getting > registered or proposed to be registered as GIs. While GI does help the > producers > and growers and consumers I wonder how effective this protection will be > if > it is > extended to anything and everything that is identified with a particular > locality > or place. Can it be claimed that in all these cases the uniqueness is due > to > location alone. In cases like 'Bangalore Rose Onion' and 'Bangalore Blue > Grapes' > does it mean that these are still grown in Bangalore and if so what > exactly > is meant > by 'Bangalore' in these case in terms of geography of the city/place. > > ravi srinivas > > _______________________________________________ > commons-law mailing list > commons-law at sarai.net > https://mail.sarai.net/mailman/listinfo/commons-law > > -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: application/defanged-104 Size: 3210 bytes Desc: not available Url : http://mail.sarai.net/pipermail/commons-law/attachments/20080325/1d6e2d87/attachment.bin From prashantiyengar at gmail.com Wed Mar 26 08:49:12 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 26 Mar 2008 08:49:12 +0530 Subject: [Commons-Law] Govt against curbing piracy with policy Message-ID: <908adbd0803252019n3610f8can4874cf9e20f5b48d@mail.gmail.com> http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=318000 Govt against curbing piracy with policy FICCI FRAMES 2008 BS Reporters / Mumbai March 26, 2008 In what is viewed as a setback for the film industry's efforts to stop piracy, the government today rejected the recommendations of the draft optical disk policy on grounds that it would lead to the creation of a regime of inspectors, and thus go against the grain of the liberalisation policy. For the past few months, the Ministry of Information & Broadcasting has been examining the draft optical disc law to check film piracy. As the draft legislation, which included a code of regulations for content, is being prepared by FICCI and members of the film industry with the initiative of the government, a positive response is expected. However, addressing the FICCI-Frames 2008 convention here today, Union Ministry of Information & Broadcasting Secretary Asha Swarup made it clear that the government was not in favour of implementing the recommendations. Acknowledging that the menace of piracy in the entertainment and media industry was huge, she said the problem had to be tackled by closing the gaps in the supply. "A possible way," she said, "is to release films in 'C' and 'D' class towns in digital formats." Swarup expressed her content with Pakistani films being released in India and Indian films like Taare Zameen Par making an entry into Pakistan. She said she hoped that with a new democratic government in Pakistan, more Indian films would be screened there. The secretary also emphasised the need to develop content for TV, especially for children. Meanwhile, the FICCI-PricewaterhouseCoopers 2008 report, released today, estimates the industry at Rs 51,300 crore in 2007 - a growth of 17 per cent from Rs 43,800 crore in 2006. The Indian entertainment and media industry is projected to clock Rs 1,15,000 crore by 2011. In his address, Yash Chopra, chairman, FICCI Entertainment Committee & Yash Raj Films, said that Indian cinema had transcended geographical boundaries. However, he added: "Piracy, IP protection in the animation segment and censorship are hurdles that the Indian media and entertainment industry have to overcome." Rajeev Chandrasekhar, MP and president of FICCI, pointed out that the industry today had reached a point of critical mass. "I believe this industry is poised to achieve the scale and size required to have global value and presence," he said. The challenge for the industry over the next few years, he said, was to become globally relevant to the capital markets and investors; relevant to producers and consumers of entertainment all over the world. Kunal Dasgupta, co-chairman, FICCI Entertainment Committee & CEO Sony Entertainment Television, said: "We are in talks with the Academy of Television Arts and Science in the US, which represents the popular Emmy Awards, and hopefully we will able to present an Indian version of the popular Emmy Awards by next year." Amit Khanna, chairman, Reliance Entertainment & FICCI Convergence Committee, said new digital technology would reshape the distribution and exhibition business. "On-demand entertainment will become a standard industry norm," he said. From prashantiyengar at gmail.com Wed Mar 26 08:57:30 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Wed, 26 Mar 2008 08:57:30 +0530 Subject: [Commons-Law] 'Are product patents anti-consumer?' Message-ID: <908adbd0803252027n656675cbq8b2e162d2d310c86@mail.gmail.com> Debate between Ranjit Shahani, Vice-Chairman & Managing Director, Novartis India Limited and K M Gopakumar, Research Officer,Centad, New Delhi http://www.business-standard.com/common/storypage_c.php?leftnm=10&autono=317945 'Are product patents anti-consumer?' DEBATE Business Standard / New Delhi March 26, 2008 Eventually, the debate boils down to whether removing patent rights will lead to lower R&D in diseases that are important for patients in developing economies. Ranjit Shahani Vice-Chairman & Managing Director, Novartis India Limited If people don't get a fair return in innovation, they won't invest in finding new cures for disease — this will be disastrous for patients There is no doubt that patients are the ultimate beneficiaries of pharmaceutical research and development. Thousands of public health needs go unmet each day simply because there is still a cure out there waiting to be found. Product patents serve as encouragement to innovation, providing impetus to both investors and innovators. It has been argued that by denying product patents, India will encourage domestic generic production and, therefore, access to medicines. However, generics alone are not the solution to access. Access to medicines is about making medicines available and this can happen in several ways; through innovative models such as tiered pricing, public-private partnerships and patient assistance programmes. By not acknowledging innovation, India risks access to future medicines impacting public health. Further, product patents are the precursor to generics. Let us not kill the proverbial goose that lays the golden eggs. Sustainable access to medicines in developing countries is complex and requires much more than the availability of generics drugs. Two factors account for access-to-medicines problems, neither of which has much to do with patents: a lack of funding from all sources; and a lack of infrastructure for healthcare delivery. In reality, prices, industry structure and patents in the pharmaceutical field have little to do with access to drugs. Denying patents and allowing generic companies to freely copy new drugs cannot be the solution to deliver medications to the patients too poor to buy them, be it in rural India or elsewhere. India has both the physical and intellectual infrastructure in place to be so much more than just imitators. A free-and-fair patent-award system doesn't just benefit pharma companies. It's time for us to see the benefits of a strong intellectual-property regime: sustained foreign investment and, in turn, a good start towards steady economic growth. India is the second-largest talent pool in the world. Yet, investments by global companies continue to gravitate to China, Hong Kong and Singapore. India received $8 billion in FDI last year as against China's $63 billion! We have the opportunity to become a major global competitor — a modern, knowledge-based economic titan, rather than a mere copycat supplier to the developed world. We can only make this transition with an environment which encourages innovation and provides patent protection. In the case of pharmaceuticals, in particular, the economics of intellectual property must address the cost of innovation — in this case, the investment of hundreds of millions of dollars to create a new drug. There is too much at stake here: the health of our people; the future of our pharmaceutical sector; the ability to attract other research-based industries; and our continued progress as an emerging economic player. Let us not mortgage the future for the current as we are still a long way from having innovative products to prevent, cure or even treat all the illnesses we know about. K M Gopakumar Research Officer, Centad, New Delhi That product patents raise medicine prices is well known — there is also evidence to show such patents do not induce more R&D in neglected diseases Product patents provide a legal monopoly over the patented product and prevent others from producing or selling the product without the authorisation of the patent owner. Therefore, pharmaceutical MNCs are the main users of product patents for shielding their products from competition. The TRIPS Agreement, an agreement initially drafted and propagated mainly by the pharmaceutical and agro-chemical companies (sponsored by developed countries), virtually universalised product patent protection. The universalisation of the product patent regime incapacitated developing country governments from providing medicines to their people, who are in acute need of life-saving medicines. Thousands of people in developing countries, especially in Africa, lost their lives because neither the people nor their government could afford the price of many life-saving drugs. Lack of access to affordable medicines was the main reason for the vast majority of deaths that occurred in developing countries due to HIV/AIDS. For instance, a first-line patent protected ARV (anti-retroviral) drug for the treatment of HIV/AIDS was available for $10,000-12,000 per person per year before the competition from generic players dramatically reduced the prices. Thus, product patents facilitated a new form of genocide in developing countries. Further, there is evidence to show that product patents neither induce R&D in neglected diseases nor increase R&D investments. In addition, high prices arising out of product patent monopolies create fissures in the social security systems of many developed countries including the US. They make the lives of people outside the social security net really impossible. Secondly, contrary to popular perception, a medicine is not protected through a single patent — this is done through multiple patents on different forms of the chemical substance, including the new use of the substance. These multiple patents create a web of patents having different expiry dates, which help the patent holder to extend the patent beyond the expiry of original patents. Thus multiple product patents on a medicine not only delay generic competition but also prevent further R&D on the same substance by others. It is also documented that delays in generic competition force other MNC competitors to introduce "me-too drugs" (drugs with the same therapeutic effect) in the market. The introduction of "me-too drugs" thus results in the reinvention of the wheel and wastage of resources for R&D. Thirdly, product patents have the potential to prevent the introduction of user-friendly fixed dose combination (FDC) of drugs to be used for disease conditions like HIV/AIDS malaria. The introduction of FDCs becomes nearly impossible when different companies own the patents for different drugs. For consumers, especially those residing in developing countries that constitute only 8-10 per cent of the global pharmaceutical market, product patents are a barrier to access affordable medicines. From fred at bytesforall.org Thu Mar 27 03:34:25 2008 From: fred at bytesforall.org (=?UTF-8?Q?Frederick_Noronha?= =?UTF-8?Q?_[=E0=A5=9E=E0=A4=B0?= =?UTF-8?Q?=E0=A5=87=E0=A4=A6=E0=A4=B0=E0=A4=BF=E0=A4=95?= =?UTF-8?Q?_=E0=A4=A8=E0=A5=8B=E0=A4=B0?= =?UTF-8?Q?=E0=A5=8B=E0=A4=A8=E0=A4=AF=E0=A4=BE]?=) Date: Thu, 27 Mar 2008 03:34:25 +0530 Subject: [Commons-Law] Interpol databank to help fight piracy Message-ID: <8ea78e010803261504r553bdfc9o886f45026744e1b6@mail.gmail.com> http://timesofindia.indiatimes.com/Cities/Interpol_databank_to_help_fight_piracy/rssarticleshow/2819255.cms Interpol databank to help fight piracy 27 Feb 2008, 1346 hrs IST,TNN MUMBAI: To combat counterfeiting and piracy, which caused worldwide losses of US $200 billion in 2005, Interpol on Tuesday announced the creation of a database listing such persons and entities. Interpol will align with private players to make the system effective. Trade bodies from over 50 countries are already cooperating said Interpol's secretary-general Ronald Noble at a press meet in Mumbai. This is the first such database - to be launched next week- based on the successful stolen passports database created five years ago, he said. Without making any specific comments on Pakistan, which is accused of shielding gangsters like Dawood Ibrahim, Interpol requested its 186 member countries to respect the "rule of law" and ensure that no criminal "roams around freely". The Database of International Intellectual Property Crime will be a unique central point for private industry to provide information on Intellectual Property (IP) crimes. One of its key functions will be to maintain reliable data on the scale of counterfeiting and piracy to determine the nature of crimes against brand and copyright integrity. Interpol's specialist units, at its headquarters in Lyon, will analyse data to seek possible links between IP crimes across industry sectors, facilitate criminal investigation and develop IP crime reports. Set up six months ago, the database has information - including names, addresses and contact numbers - of 5,000 entities. Five-hundred cases are already under investigation. "The sharing of information from the private sector will help law enforcement agencies focus their resources more effectively on investigating individuals and groups linked to transnational counterfeiting and piracy," said Noble. "Interpol is making organised criminals aware that international borders no longer protect them from the long arm of the law." "We have to remove the myth that counterfeiting is a victimless crime. In pharma cases, it affects people directly. Our efforts will be directed at collecting information and training law-enforcers," said David Chavern, COO of the US Chamber of Commerce. -- ---------------------------------------------------------- Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha http://fn.goa-india.org | fred at bytesforall.org Independent Journalist | +91(832)2409490 Cell 9970157402 ---------------------------------------------------------- From fred at bytesforall.org Thu Mar 27 03:35:17 2008 From: fred at bytesforall.org (=?UTF-8?Q?Frederick_Noronha?= =?UTF-8?Q?_[=E0=A5=9E=E0=A4=B0?= =?UTF-8?Q?=E0=A5=87=E0=A4=A6=E0=A4=B0=E0=A4=BF=E0=A4=95?= =?UTF-8?Q?_=E0=A4=A8=E0=A5=8B=E0=A4=B0?= =?UTF-8?Q?=E0=A5=8B=E0=A4=A8=E0=A4=AF=E0=A4=BE]?=) Date: Thu, 27 Mar 2008 03:35:17 +0530 Subject: [Commons-Law] Downloading ringing tunes might be illegal Message-ID: <8ea78e010803261505i65c86530x3be1753fa5302a53@mail.gmail.com> http://www.business-standard.com/common/news_article.php?leftnm=8&autono=315585 Downloading ringing tunes might be illegal Press Trust Of India / Bhopal March 03, 2008 If you are downloading a Bollywood ring tune on your mobile phone, you might be violating the copyright act; and the Indian Music Industry plans to take action on it. Over 13,000 cases of intellectual property right violation, mostly physical music piracy, were registered in the country in the past seven years and more than 200 cases of mobile chip piracy detected in the last two years, says IMI President V J Lazarus. While mobile phone chips have joined the ranks as an instrument for physical form of piracy, public performance of the music and songs, which generally go unnoticed, also comes under the ambit of the law. But lack of awareness has prevented law-enforcing agencies from dealing with the problem that results in losses of Rs 600-800 crore to the industry every year, Lazarus said. India ranked 10th in the list of countries affected by piracy and with the current boom in the mobile entertainment segment, its market would encompass over 300 million users, he said. Section 51 (a) of the Indian Copyright Act clearly states music cannot be played without permission of the copyright holder. This means music-driven trade outlets like discotheques, hotels organising public music-based functions like New Year parties, coffee shops relying on instrumental or vocal pieces or even the barber shop playing a Bollywood number might be violating the law if they don't procure proper licences, he said. "IMI, which represents around 142 music companies, is not concentrating on small-time outlets violating the law at present, due to lack of awareness. But, larger establishments like a lavish hotels or a bustling disco joints are certainly our targets," Lazarus said. "We try to inform and convince them the violation and motivate them to procure legitimate licences. If they still refrain from doing so, legal action is taken," he said. With the current boom in the 'mobile entertainment segment', Indian market is expected to reach more than 300 million users making it among the top ten countries in the world in terms of mobile density. This market would grow further with the advent of 3G (third generation) service phones opening newer avenues of possible intellectual property theft by way of Caller Ring Back Caller Service (CRBT), Embedded tones, background music, full track downloads, mobile radio and streaming and downloading of music, which bring joy and listening pleasure to the consumers, Lazarus said. IMI, which issues licenses through its wings Indian Phonographic Ltd (PPL) and Indian Performing Rights Society (IPRS), has tied up with all telecom operators for legitimate use of music, he said. Licenses have been issued to radio stations, television broadcasters (including those showing some new-age music-based reality shows) and big portals allowing streaming and downloading of music on the internet, IMI General Secretary Savio D'Souza said. IMI's internet anti-piracy team, while closely working with International Federation of the Phonographic Industry (IFPI), has managed to close 500 sites, mostly based on servers in the USA, he said. -- ---------------------------------------------------------- Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha http://fn.goa-india.org | fred at bytesforall.org Independent Journalist | +91(832)2409490 Cell 9970157402 ---------------------------------------------------------- From fred at bytesforall.org Thu Mar 27 03:38:51 2008 From: fred at bytesforall.org (=?UTF-8?Q?Frederick_Noronha?= =?UTF-8?Q?_[=E0=A5=9E=E0=A4=B0?= =?UTF-8?Q?=E0=A5=87=E0=A4=A6=E0=A4=B0=E0=A4=BF=E0=A4=95?= =?UTF-8?Q?_=E0=A4=A8=E0=A5=8B=E0=A4=B0?= =?UTF-8?Q?=E0=A5=8B=E0=A4=A8=E0=A4=AF=E0=A4=BE]?=) Date: Thu, 27 Mar 2008 03:38:51 +0530 Subject: [Commons-Law] Pirate watch: Business Software Alliance on its initiatives in India. Message-ID: <8ea78e010803261508r374e8895u9763407746d0d141@mail.gmail.com> http://www.thehindubusinessline.com/ew/2008/03/10/stories/2008031050110300.htm Pirate watch Business Software Alliance on its initiatives in India. Lizum Mishra, Director of BSA India Ambar Singh Roy The Business Software Alliance (BSA), established in 1988, is an organisation dedicated to promoting a safe and legal digital world. It has been the voice of the world's commercial software industry before governments and in the international marketplace. It has presence in over 60 countries across the globe and its members represent one of the fastest-growing industries globally. The Alliance is focused on making the end-user aware of the repercussions of pirated software, through education, awareness campaigns and enforcement of the law. Its Software Asset Management (SAM) programme encourages members to treat software as an asset to the organisation and a vital intellectual property. In an interview to eWorld, Lizum Mishra, Director of BSA India, dwelt on several issues, including the need to lower software piracy in India from its current level of 71 per cent. Excerpts: What is the estimated size of the global pirated software industry? According to the annual study conducted by BSA, global personal computer software piracy was 35 per cent in 2006. It has remained the same for the last three years. However, it is important to note that the losses from piracy have gone up by $5 billion in 2006 from 2005 levels. How does BSA implement its mandate and how does it equip companies to treat software as an asset? We have a three-pronged mandate to combat piracy — enforcement, education and actively advocating continuous policy development around the world and working closely with members. BSA's member companies formulate critical industry policy positions. Besides, we operate hotlines around the world for callers seeking information about piracy or who wish to report suspected incidents of software piracy. We take action against software resellers and end-user organisations that make unauthorised copies of software and work with law enforcement agencies for enforcement of criminal copyright laws. We develop and make available information and tools to software users, including resellers, businesses, consumers and students. BSA's programmes educate decision-makers in organisations on the legal consequences and potentially high cost of illegal software usage as well as online safety issues. Do you guide/educate companies on software asset management (SAM) as a tool to enhance productivity? We conduct software asset management seminars to educate enterprises that legal software is an asset and there is a need to manage it well. Through these seminars, weaim to create awareness of how SAM can lead to savings in terms of costs and time and how it can lead to increased productivity. On the Indian scene… In India, we are committed to reducing software piracy. According to the latest IDC report, India spent $16.1 billion on information technology products, packaged software and IT services in 2007. That spending accounted for 1.6 per cent of gross domestic product (GDP), supported more than 34,000 IT companies that employ more than 7,66,000 people and helped generate $1.1 billion in IT-related taxes. As the number of PCs and Internet usage grows, software piracy is growing too. BSA believes new technologies should enhance ways to access and distribute copyrighted works legally. Piracy not only deprives software developers of a return on their investment but it also cuts jobs in related businesses, hurts the economy and deprives the consumer of new products. In addition to our hotline service, we have a team of legal counsels who represent BSA in taking forward civil enforcement actions and sending legal notices to companies that use illegal software. BSA and its member companies conduct training programmes for the judiciary and law enforcement officers too. We also conduct an annual global piracy study in association with research body IDC, which helps in understanding how piracy leads to revenue and manpower losses and impacts the world economy. How responsive are governments globally? What is your experience with India? Although India does have one of the most stringent copyright laws in the world, there are a lot of tasks that need to be initiated. There is an urgent need to take steps to reduce piracy at a faster pace and BSA would urge the Government of India to increase public education and awareness, implement the WIPO Copyright Treaty, create strong and workable enforcement mechanisms as required by TRIPS and step up enforcement with dedicated resources. How many member-companies does BSA have in India and what steps have they collectively taken to curb software piracy? BSA members include companies such as Microsoft, Adobe, Apple, Autodesk, Dell, EMC, HP, IBM, Intel, Cisco Systems, Corel, Quark, SAP, Solid Works and Symantec and all of them have significant operations and investments in India. Together with its members, BSA programmes foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade, and e-commerce. If India's software piracy rate has been pegged at 71 per cent, what is the global average? While the average global piracy rate is 35 per cent for software used on PCs, in India it is 71 per cent. In 2004, the piracy rate was 74 per cent, which dropped to 71 per cent in 2006. The global piracy study estimates that a 10 percentage-point drop in piracy in India from 74 per cent to 64 per cent over four years would result in 43,696 new jobs and an addition of $3.1 billion to the GDP. ambar_singhroy at rediffmail.com * * * FIGHT 'PIRACY', EARN FREEDOM, USE FREE SOFTWARE -- ---------------------------------------------------------- Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha http://fn.goa-india.org | fred at bytesforall.org Independent Journalist | +91(832)2409490 Cell 9970157402 ---------------------------------------------------------- From fred at bytesforall.org Thu Mar 27 03:39:59 2008 From: fred at bytesforall.org (=?UTF-8?Q?Frederick_Noronha?= =?UTF-8?Q?_[=E0=A5=9E=E0=A4=B0?= =?UTF-8?Q?=E0=A5=87=E0=A4=A6=E0=A4=B0=E0=A4=BF=E0=A4=95?= =?UTF-8?Q?_=E0=A4=A8=E0=A5=8B=E0=A4=B0?= =?UTF-8?Q?=E0=A5=8B=E0=A4=A8=E0=A4=AF=E0=A4=BE]?=) Date: Thu, 27 Mar 2008 03:39:59 +0530 Subject: [Commons-Law] Patent law offers rich pickings Message-ID: <8ea78e010803261509u7b2c5aaeybd8acd7c5bd226ae@mail.gmail.com> http://www.telegraphindia.com/1080326/jsp/opinion/story_9058300.jsp Patent law offers rich pickings Law schools are beginning to teach intellectual property rights, as *Rahul Jayaram* finds out Signature-tune: An artist should take that little step when he feels his rights are being infringed When Bollywood music director Bappi Lahiri won a famous lawsuit against the US hip hop artist Dr Dre and music band Truth Hurts for lifting portions of music from yesteryear hit *Thoda Resham Lagta Hai *in 2002, many commentators in India thought it was a watershed in the history of ownership rights in the country. The case not only proved that Indian musicians had the pluck to take on the might of American music companies, but also that they were aware of their rights; over property, their arts, their technology, their ideas. In the event, it also brought into focus a much-neglected legal arena: Intellectual property rights (IPR). Bappi Lahiri's case, said experts, was the tip of the iceberg. Well, that iceberg seems to be now thawing. Recently, Microsoft announced a Rs 2.6-million-worth scholarship programme in 11 law schools in India to train students in IPR. The scholarship was first established in 2006 when NALSAR University of Law, Hyderabad, in collaboration with Microsoft India, set up a scheme for its students interested in the subject. The Microsoft IPR Scholar Programme, soon to be extended to law students in India, also has a website, *legaladda.com*, for law buffs and legal eagles to network and learn. Moves are on to prop up the IPR infrastructure and generate a pool of experts in a field that was once virgin territory and is now just waiting to be ploughed. "There are roughly only 60 patent lawyers in India," says Ankhi Das, head, corporate citizenship, Microsoft India. "Given that situation and the rate at which India's growing, there is a big need for IPR specialists." The requirement reflects a changing India. "Understanding IPR is a way of insulation against abuse of copyright. The number and quality of patents filed have gone up and both indicate the growing level of rights awareness," says Dr V.C. Vivekanandan, head, centre for IP law studies, NALSAR, specialising in patents in the pharmaceuticals industry. Agrees lawyer Neel Mason of Mason & Associates, Delhi, who deals with copyright work for the rock band Indian Ocean. "There used to be a time when companies thought if you went to court to claim ownership you'd never know when the case would come up for hearing. That way of thinking is vanishing." Bappi Lahiri's run-in with corporate America wasn't the first instance of its kind. In 2000, a Texas-based firm, RiceTec Inc, had obtained a US patent for *basmati *rice lines and grains. The government of India challenged the claim through the Agricultural and Processed Food Products Export Development Authority and won the case. In 1997, the Council for Scientific and Industrial Research successfully challenged the patent for turmeric obtained by another US firm. "Patents are an instrument of power. America, like Britain during the colonial era, attempts to monopolise the idea store of the globe. And if Indian firms have won hands down, it's because of recognising their intellectual right and capital," says K.K. Rai, a senior advocate and ex-Supreme Court lawyer, who has fought pharmaceutical patent cases. "We will soon, or already do, have a situation when companies will need a set of monitors — like stockbrokers watching scrip rates 24/7 on TV — who track what is happening to their products, how they are being used, and wherever necessary, credited." Be it pharmaceuticals, music or the arts, automobile technology, software or publishing, patent-related horror tales abound. Musicians, for instance, are often taken to or move court on complaints of plagiarism or royalties not being paid. Hindustani classical singer Shubha Mudgal says she "can write a book" on the subject. Leave out the experts, she says, people themselves need to know about what is theirs. "Barring a few celebrity musicians, artistes in India do not have professionals managing their careers. I believe that artistes today must educate themselves about IPR as no one else will help them." Piling on this ignorance is the fact that music companies have standard contracts "that they thrust at you and ask you to sign". To compound matters, most of the contract is written in obscure legal jargon. When it comes to the media (both audio and visual), most artistes will never know when their song will be played, whether the channel or station had asked for permission or credited the singer, composer or lyricist. "When I receive royalties from overseas I also receive a log sheet which tells me which of my tracks were played on radio, for instance. But for domestic royalties there are no log sheets and no details, so I have no idea what I am receiving money for and I cannot challenge the calculation," she says. Mudgal argues that even if the laws in the country on IPR may be artiste-friendly, the system for ensuring fair play doesn't exist. What's worse, she adds, is that none of the artists objects or protests. However, Neel Mason feels the scenario in the music realm may be changing. "Remember, bodies like the Indian Performing Rights Society and Phonographic Performance Ltd have been around for decades. They work to ensure copyright protection for musical works. Very often, an artist or musician just has to take that little step when he feels his rights are being infringed." Vivekanandan says the existing Indian legal structure can ensure IPR protection. To institute proceedings against a person or company for IP infringement, most complainants invoke the Copyright Act under Indian laws. It has two sub sections — civil remedies and criminal remedies, for civil and criminal complaints respectively. It is, he argues, up to the affected parties to take up their grievances, do their homework about whom or where to go to, and fight for their IP rights. "The quality of the suit filed influences the result in a big way," he says. That seems to have hit home somewhere. Shubha Mudgal is now so knowledgeable about her IP rights that she's been branded a "difficult" artist to deal with by music companies. But on the flip side, she's also getting invitations to speak on IPR at seminars and conferences. "Howzzat," she exclaims. -- ---------------------------------------------------------- Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha http://fn.goa-india.org | fred at bytesforall.org Independent Journalist | +91(832)2409490 Cell 9970157402 ---------------------------------------------------------- -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080327/fcf8c1f5/attachment-0001.html From fred at bytesforall.org Thu Mar 27 03:40:53 2008 From: fred at bytesforall.org (=?UTF-8?Q?Frederick_Noronha?= =?UTF-8?Q?_[=E0=A5=9E=E0=A4=B0?= =?UTF-8?Q?=E0=A5=87=E0=A4=A6=E0=A4=B0=E0=A4=BF=E0=A4=95?= =?UTF-8?Q?_=E0=A4=A8=E0=A5=8B=E0=A4=B0?= =?UTF-8?Q?=E0=A5=8B=E0=A4=A8=E0=A4=AF=E0=A4=BE]?=) Date: Thu, 27 Mar 2008 03:40:53 +0530 Subject: [Commons-Law] INDIA: Govt against curbing piracy with policy Message-ID: <8ea78e010803261510j277c5d0ew36e76227ff789f91@mail.gmail.com> http://www.business-standard.com/common/news_article.php?tab=r&autono=318000&subLeft=4&leftnm=8 Govt against curbing piracy with policy FICCI FRAMES 2008 BS Reporters / Mumbai March 26, 2008 In what is viewed as a setback for the film industry's efforts to stop piracy, the government today rejected the recommendations of the draft optical disk policy on grounds that it would lead to the creation of a regime of inspectors, and thus go against the grain of the liberalisation policy. For the past few months, the Ministry of Information & Broadcasting has been examining the draft optical disc law to check film piracy. As the draft legislation, which included a code of regulations for content, is being prepared by FICCI and members of the film industry with the initiative of the government, a positive response is expected. However, addressing the FICCI-Frames 2008 convention here today, Union Ministry of Information & Broadcasting Secretary Asha Swarup made it clear that the government was not in favour of implementing the recommendations. Acknowledging that the menace of piracy in the entertainment and media industry was huge, she said the problem had to be tackled by closing the gaps in the supply. "A possible way," she said, "is to release films in 'C' and 'D' class towns in digital formats." Swarup expressed her content with Pakistani films being released in India and Indian films like Taare Zameen Par making an entry into Pakistan. She said she hoped that with a new democratic government in Pakistan, more Indian films would be screened there. The secretary also emphasised the need to develop content for TV, especially for children. Meanwhile, the FICCI-PricewaterhouseCoopers 2008 report, released today, estimates the industry at Rs 51,300 crore in 2007 - a growth of 17 per cent from Rs 43,800 crore in 2006. The Indian entertainment and media industry is projected to clock Rs 1,15,000 crore by 2011. In his address, Yash Chopra, chairman, FICCI Entertainment Committee & Yash Raj Films, said that Indian cinema had transcended geographical boundaries. However, he added: "Piracy, IP protection in the animation segment and censorship are hurdles that the Indian media and entertainment industry have to overcome." Rajeev Chandrasekhar, MP and president of FICCI, pointed out that the industry today had reached a point of critical mass. "I believe this industry is poised to achieve the scale and size required to have global value and presence," he said. The challenge for the industry over the next few years, he said, was to become globally relevant to the capital markets and investors; relevant to producers and consumers of entertainment all over the world. Kunal Dasgupta, co-chairman, FICCI Entertainment Committee & CEO Sony Entertainment Television, said: "We are in talks with the Academy of Television Arts and Science in the US, which represents the popular Emmy Awards, and hopefully we will able to present an Indian version of the popular Emmy Awards by next year." Amit Khanna, chairman, Reliance Entertainment & FICCI Convergence Committee, said new digital technology would reshape the distribution and exhibition business. "On-demand entertainment will become a standard industry norm," he said. -- ---------------------------------------------------------- Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha http://fn.goa-india.org | fred at bytesforall.org Independent Journalist | +91(832)2409490 Cell 9970157402 ---------------------------------------------------------- From prashantiyengar at gmail.com Thu Mar 27 09:09:10 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 27 Mar 2008 09:09:10 +0530 Subject: [Commons-Law] Nudi software: court asks Government if uniform standards can be applied Message-ID: <908adbd0803262039l51ce1b15xa5c2b0b41b4d602@mail.gmail.com> http://www.thehindu.com/2008/03/27/stories/2008032753230500.htm Back Karnataka - Bangalore Nudi software: court asks Government if uniform standards can be applied Staff Reporter BANGALORE: The Karnataka High Court on Wednesday sought to know from the State Government why it could not prescribe uniform standards for bilingual fonts for developing software in Kannada. The court was dealing with a petition by some software companies that had questioned the rationale of the Government going in for Nudi software for e-governance. They claimed that Nudi is creating a monopoly and stifling competition. They said there is no scientific basis for the State to prefer Nudi over other compatible softwares. The Government argued that Nudi was a free software and that it was essentially being used by Government departments. It said it was the best among the softwares available. An official of the Department of e-governance, who was present in the court, said more developed and sophisticated tools are now available. Justice A.S. Bopanna, who is hearing the petition, asked why it could not formulate a uniform bilingual font. He asked the State to look into the suggestion. (c) Copyright 2000 - 2008 The Hindu From prashantiyengar at gmail.com Thu Mar 27 10:20:10 2008 From: prashantiyengar at gmail.com (Prashant Iyengar) Date: Thu, 27 Mar 2008 10:20:10 +0530 Subject: [Commons-Law] News channel restrained from using Super Cassettes' literary and musical works Message-ID: <908adbd0803262150i6735871dod3598fb3e9fab9aa@mail.gmail.com> http://www.thehindu.com/2008/03/27/stories/2008032752920400.htm Back New Delhi News channel restrained Staff Reporter NEW DELHI: The Delhi High Court has restrained Malayalam entertainment and news channel Amrita TV from using the literary and musical works of Super Cassettes Industries Limited without obtaining a licence from the latter. Justice Hima Kohli passed the restraint order on a suit by Super Cassettes Industries accusing Amrita TV of using the sound recordings and its other works in various programmes beamed on the channel without obtaining a prior licence from it. Counsel for the plaintiff submitted that his client had kept a close watch on the programmes beamed by the channel all through November last year and found that it was using its musical works in violation of its copyright on them despite a legal notice served on it earlier. Restraining the channel from using the works of the plaintiff, Justice Kohli said: "The plaintiff has prima facie made out a case for grant of an ex-parte ad-interim injunction in its favour." The Court also issued summons to the defendants. (c) Copyright 2000 - 2008 The Hindu From patrice at xs4all.nl Thu Mar 27 15:47:23 2008 From: patrice at xs4all.nl (Patrice Riemens) Date: Thu, 27 Mar 2008 11:17:23 +0100 (CET) Subject: [Commons-Law] Pirate watch: Business Software Alliance on its initiatives in India. Message-ID: <11082.86.200.59.28.1206613043.squirrel@webmail.xs4all.nl> Always a pity business journalists don't ask BSA honchos about their views on F/OSS. My best guess is that, if asked in a sophisticated way, you may elicit responses showing that basically, they would advocate making F/OSS illegal. ("Use F/OSS, Go to Jail!") Another disgrace is that they never question the standard BSA pronouncement to the effect that software firms loose "billions" to piracy, whereas in a majority of cases, the only substitute to 'piracy' is a non-sale. This is proven a contario eg in Argentina, where proprietary software is _not_ protected, yet most firms still pay for the licences. Finally, BSA never had any adequate answer to the fact that their FUD brainwashing systematically results in "license creep", with people & firms wasting large amounts of money on licenses for software they never use, or sometimes, are not even aware of. BSA is an obnoxious avatar of a vicious system! http://www.thehindubusinessline.com/ew/2008/03/10/stories/2008031050110300.htm > > Pirate watch > > Business Software Alliance on its initiatives in India. > > > > Lizum Mishra, Director of BSA India > > Ambar Singh Roy > > The Business Software Alliance (BSA), established in 1988, is an > organisation dedicated to promoting a safe and legal digital world. It > has been the voice of the world's commercial software industry before > governments and in the international marketplace. It has presence in > over 60 countries across the globe and its members represent one of > the fastest-growing industries globally. > > The Alliance is focused on making the end-user aware of the > repercussions of pirated software, through education, awareness > campaigns and enforcement of the law. Its Software Asset Management > (SAM) programme encourages members to treat software as an asset to > the organisation and a vital intellectual property. > > In an interview to eWorld, Lizum Mishra, Director of BSA India, dwelt > on several issues, including the need to lower software piracy in > India from its current level of 71 per cent. Excerpts: > > What is the estimated size of the global pirated software industry? > > According to the annual study conducted by BSA, global personal > computer software piracy was 35 per cent in 2006. It has remained the > same for the last three years. However, it is important to note that > the losses from piracy have gone up by $5 billion in 2006 from 2005 > levels. > > How does BSA implement its mandate and how does it equip companies to > treat software as an asset? > > We have a three-pronged mandate to combat piracy — enforcement, > education and actively advocating continuous policy development around > the world and working closely with members. > > BSA's member companies formulate critical industry policy positions. > Besides, we operate hotlines around the world for callers seeking > information about piracy or who wish to report suspected incidents of > software piracy. We take action against software resellers and > end-user organisations that make unauthorised copies of software and > work with law enforcement agencies for enforcement of criminal > copyright laws. > > We develop and make available information and tools to software users, > including resellers, businesses, consumers and students. BSA's > programmes educate decision-makers in organisations on the legal > consequences and potentially high cost of illegal software usage as > well as online safety issues. > > Do you guide/educate companies on software asset management (SAM) as a > tool to enhance productivity? > > We conduct software asset management seminars to educate enterprises > that legal software is an asset and there is a need to manage it well. > Through these seminars, weaim to create awareness of how SAM can lead > to savings in terms of costs and time and how it can lead to increased > productivity. > > On the Indian scene… > > In India, we are committed to reducing software piracy. According to > the latest IDC report, India spent $16.1 billion on information > technology products, packaged software and IT services in 2007. That > spending accounted for 1.6 per cent of gross domestic product (GDP), > supported more than 34,000 IT companies that employ more than 7,66,000 > people and helped generate $1.1 billion in IT-related taxes. As the > number of PCs and Internet usage grows, software piracy is growing > too. BSA believes new technologies should enhance ways to access and > distribute copyrighted works legally. Piracy not only deprives > software developers of a return on their investment but it also cuts > jobs in related businesses, hurts the economy and deprives the > consumer of new products. > > In addition to our hotline service, we have a team of legal counsels > who represent BSA in taking forward civil enforcement actions and > sending legal notices to companies that use illegal software. > > BSA and its member companies conduct training programmes for the > judiciary and law enforcement officers too. > > We also conduct an annual global piracy study in association with > research body IDC, which helps in understanding how piracy leads to > revenue and manpower losses and impacts the world economy. > > How responsive are governments globally? What is your experience with > India? > > Although India does have one of the most stringent copyright laws in > the world, there are a lot of tasks that need to be initiated. There > is an urgent need to take steps to reduce piracy at a faster pace and > BSA would urge the Government of India to increase public education > and awareness, implement the WIPO Copyright Treaty, create strong and > workable enforcement mechanisms as required by TRIPS and step up > enforcement with dedicated resources. > > How many member-companies does BSA have in India and what steps have > they collectively taken to curb software piracy? > > BSA members include companies such as Microsoft, Adobe, Apple, > Autodesk, Dell, EMC, HP, IBM, Intel, Cisco Systems, Corel, Quark, SAP, > Solid Works and Symantec and all of them have significant operations > and investments in India. > > Together with its members, BSA programmes foster technology innovation > through education and policy initiatives that promote copyright > protection, cyber security, trade, and e-commerce. > > If India's software piracy rate has been pegged at 71 per cent, what > is the global average? > > While the average global piracy rate is 35 per cent for software used > on PCs, in India it is 71 per cent. In 2004, the piracy rate was 74 > per cent, which dropped to 71 per cent in 2006. The global piracy > study estimates that a 10 percentage-point drop in piracy in India > from 74 per cent to 64 per cent over four years would result in 43,696 > new jobs and an addition of $3.1 billion to the GDP. > > ambar_singhroy at rediffmail.com > > * * * > > FIGHT 'PIRACY', EARN FREEDOM, USE FREE SOFTWARE > -- > ---------------------------------------------------------- > Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha > http://fn.goa-india.org | fred at bytesforall.org > Independent Journalist | +91(832)2409490 Cell 9970157402 > ---------------------------------------------------------- > _______________________________________________ > commons-law mailing list > commons-law at sarai.net > https://mail.sarai.net/mailman/listinfo/commons-law > > From oishiksircar at gmail.com Thu Mar 27 21:39:03 2008 From: oishiksircar at gmail.com (OISHIK SIRCAR) Date: Thu, 27 Mar 2008 12:09:03 -0400 Subject: [Commons-Law] Science and Development Network (SciDev.Net) South Asian Internship Message-ID: <62cba67a0803270909i69e0c0aalb90697603af34a71@mail.gmail.com> * Science and Development Network (SciDev.Net) South Asian Internship* The Science and Development Network (SciDev.Net) provides authoritative online news, opinion and analysis about the role of science and technology in addressing the economic and social needs of the developing world. SciDev.Net is seeking a dynamic and enthusiastic intern from the South Asian region for a three-month work experience placement. The internship will build news and feature writing skills, and provide a better understanding of how the internet can play a vital role in enhancing the process of science communication. In addition to daily tasks such as writing and researching news stories, the intern will learn about all aspects of how an online news website operates, including finding news stories, the editorial process, publishing and news dissemination. The internship will consist of two months based in SciDev.Net's London office and one month working with the SciDev.Net South Asia office in Delhi, or within the South Asian region. The intern will also have the opportunity to visit other relevant science communication organisations in both South Asia and the United Kingdom, and attend at least one training programme. *The internship will run from mid-June to mid-September 2008 for three months. SciDev.Net will cover travel and a stipend for living and accommodation costs for the three-month period.* *Candidate requirements* * A keen interest in science and technology, particularly relating to development; * A good level of written and spoken English * Experience of working with a national newspaper, magazine, radio, television, either as a reporter or on the desk * A background in science journalism is desirable but not essential. * Must be a native of South Asia and based in the region. * Must be available to take the internship in a three-month block between mid-June to mid-September 2008. Please note that the internship is a full-time commitment during this period. *Application procedure* To apply please send * a CV (in English), * two references, * two recent writing samples, * letter of support from your editor (desirable but not essential) * a 500 word statement explaining why you wish to be considered for this internship, * how you plan to utilise this internship in a national publication/broadcast agency The closing date for applications is *Friday, 4 April 2008* * Contact Details* Please email applications to internships at scidev.net -- OISHIK SIRCAR Scholar in Women's Rights Faculty of Law, University of Toronto 60 Harbord Street Room 016 B Toronto, ON M5S 3L1 oishiksircar at gmail.com oishik.sircar at utoronto.ca 416.876.7926 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080327/94cdd7c4/attachment-0001.html From fred at bytesforall.org Sat Mar 29 02:09:48 2008 From: fred at bytesforall.org (=?UTF-8?Q?Frederick_Noronha?= =?UTF-8?Q?_[=E0=A5=9E=E0=A4=B0?= =?UTF-8?Q?=E0=A5=87=E0=A4=A6=E0=A4=B0=E0=A4=BF=E0=A4=95?= =?UTF-8?Q?_=E0=A4=A8=E0=A5=8B=E0=A4=B0?= =?UTF-8?Q?=E0=A5=8B=E0=A4=A8=E0=A4=AF=E0=A4=BE]?=) Date: Sat, 29 Mar 2008 02:09:48 +0530 Subject: [Commons-Law] Govt against curbing piracy with policy ... In-Reply-To: <8ea78e010803281334o2812c10duba38f1dd0d893084@mail.gmail.com> References: <8ea78e010803281334o2812c10duba38f1dd0d893084@mail.gmail.com> Message-ID: <8ea78e010803281339x7fd6a2cfhb9af9fc9f35d7e7c@mail.gmail.com> http://www.business-standard.com/common/news_article.php?tab=r&autono=318000&subLeft=4&leftnm=8 Govt against curbing piracy with policy FICCI FRAMES 2008 BS Reporters / Mumbai March 26, 2008 In what is viewed as a setback for the film industry's efforts to stop piracy, the government today rejected the recommendations of the draft optical disk policy on grounds that it would lead to the creation of a regime of inspectors, and thus go against the grain of the liberalisation policy. For the past few months, the Ministry of Information & Broadcasting has been examining the draft optical disc law to check film piracy. As the draft legislation, which included a code of regulations for content, is being prepared by FICCI and members of the film industry with the initiative of the government, a positive response is expected. However, addressing the FICCI-Frames 2008 convention here today, Union Ministry of Information & Broadcasting Secretary Asha Swarup made it clear that the government was not in favour of implementing the recommendations. Acknowledging that the menace of piracy in the entertainment and media industry was huge, she said the problem had to be tackled by closing the gaps in the supply. "A possible way," she said, "is to release films in 'C' and 'D' class towns in digital formats." Swarup expressed her content with Pakistani films being released in India and Indian films like Taare Zameen Par making an entry into Pakistan. She said she hoped that with a new democratic government in Pakistan, more Indian films would be screened there. The secretary also emphasised the need to develop content for TV, especially for children. Meanwhile, the FICCI-PricewaterhouseCoopers 2008 report, released today, estimates the industry at Rs 51,300 crore in 2007 - a growth of 17 per cent from Rs 43,800 crore in 2006. The Indian entertainment and media industry is projected to clock Rs 1,15,000 crore by 2011. In his address, Yash Chopra, chairman, FICCI Entertainment Committee & Yash Raj Films, said that Indian cinema had transcended geographical boundaries. However, he added: "Piracy, IP protection in the animation segment and censorship are hurdles that the Indian media and entertainment industry have to overcome." Rajeev Chandrasekhar, MP and president of FICCI, pointed out that the industry today had reached a point of critical mass. "I believe this industry is poised to achieve the scale and size required to have global value and presence," he said. The challenge for the industry over the next few years, he said, was to become globally relevant to the capital markets and investors; relevant to producers and consumers of entertainment all over the world. Kunal Dasgupta, co-chairman, FICCI Entertainment Committee & CEO Sony Entertainment Television, said: "We are in talks with the Academy of Television Arts and Science in the US, which represents the popular Emmy Awards, and hopefully we will able to present an Indian version of the popular Emmy Awards by next year." Amit Khanna, chairman, Reliance Entertainment & FICCI Convergence Committee, said new digital technology would reshape the distribution and exhibition business. "On-demand entertainment will become a standard industry norm," he said. * * * FROM USIBC Piracy in India's Entertainment Industry Causes Huge Losses to Indian Economy March 27, 2008 Mumbai, India – The U.S.-India Business Council (USIBC) has released a new study showing huge job and revenue losses to the Indian economy as a result of piracy in India's burgeoning entertainment industry. The study– 'The Effects of Counterfeiting and Piracy on India's Entertainment Industry'– prepared for USIBC by Ernst &Young India, shows as much as Rs. 16,000 crores are lost each year due to piracy. As many as 800,000 direct jobs are also lost as a result of theft and piracy, afflicting India's entertainment industry. Speaking at the Federation of Indian Chambers of Commerce and Industry (FICCI) FRAMES 'Business of Entertainment' Conference, USIBC President, Ron Somers, said, "This study estimates that the Indian entertainment industry loses some 820,000 jobs and about $4 billion each year to piracy. This is an enormous and unacceptable magnitude of loss – by any measure." The piracy study was commissioned as part of the USIBC-FICCI Bollywood-Hollywood Initiative. "This study covers film, music, television and video games and has been funded by the Global Intellectual Property Center of the U.S. Chamber of Commerce, which aims to highlight the value of intellectual property, as well as illuminate the adverse impact theft and piracy have on creativity and innovation. The Bollywood-Hollywood Initiative promotes the sustainable growth and convergence underway between the entertainment industries in both our countries." Presented with a copy of the study, FICCI Secretary General, Dr. Amit Mitra, said, "This study shows that the best way to make the boom in the Indian entertainment bigger is to stop the affliction of piracy. For the average Indian who wants to increase his or her chances for being employed in Bollywood and associated industries, fighting piracy is a place where all our collective efforts must start." Dr. Mitra went on to point out, "The Media and Entertainment industry in India is an industry of the future. India's entertainment industry already generates more than $11 billion annually for the country, growing at a combined annual rate of over 18%. If we can stop piracy, these industries will grow even faster and employ more Indian workers." Also present at the media briefing was Ramesh Sippy, famed producer and director of the all-time number-one blockbuster 'Sholay'. Sippy said, "I know first hand the importance of fighting piracy to support the growth of Bollywood. I commend the USIBC-FICCI Initiative for enlisting all elements of the entertainment industry against piracy." Farokh T. Balsara, National Sector Leader, Media and Entertainment for Ernst & Young-India, said, "Our Mumbai office collected data for this study from on the ground – via direct interviews with stakeholders from the Bollywood entertainment industry. We looked at the industry from every angle – films, music, TV, radio, and electronic games. The story was the same across the board: if we can slow or stop piracy, a direct correlation in the generation of wealth and employment will be the result." Commenting on the USIBC-FICCI Bollywood-Hollywood Initiative, USIBC President Ron Somers said, "This study is only the beginning. Now that we have documented the job and revenue losses to the Indian entertainment industry from piracy, we intend to continue fighting piracy across the board. We will strive to bring these findings to the attention of the average person in India. We will attempt to enlist more effectively the U.S. and Indian governments to cooperate in fighting the scourge of piracy in India, as well as in the U.S. and worldwide. We strongly support passage by India of optical disc legislation that will thwart piracy in this important industry. We are pleased to stand shoulder to shoulder with counterparts in India to help protect jobs and revenues that are now being needlessly lost to piracy." Also previewed at FICCI FRAMES as a part of the Bollywood-Hollywood Initiative was 'Illicit – The Dark Trade' – a special documentary that airs world-wide, produced by National Geographic for the U.S. Chamber of Commerce's Global Intellectual Property Center. This made-for-television documentary shows that the problem of piracy is an epidemic affecting many sectors of world-wide dimensions. The U.S.-India Business Council, formed in 1975 at the request of the Government of India and the U.S. Government to advance U.S.-India commercial ties, is hosted under the aegis of the U.S. Chamber of Commerce. The U.S. Chamber of Commerce is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region. The U.S.-India Business Council celebrates its 33rd Anniversary at the U.S. Chamber of Commerce on June 12, 2008 in Washington, D.C. -- ---------------------------------------------------------- Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha http://fn.goa-india.org | fred at bytesforall.org Independent Journalist | +91(832)2409490 Cell 9970157402 ---------------------------------------------------------- From the.solipsist at gmail.com Sun Mar 30 23:37:41 2008 From: the.solipsist at gmail.com (Pranesh Prakash) Date: Sun, 30 Mar 2008 23:37:41 +0530 Subject: [Commons-Law] Piracy numbers Message-ID: <4785f1e20803301107l11387bfdld48934c59e0af883@mail.gmail.com> Dear All, I had written this around a week ago, as a comment for a post in the SpicyIP blog on a report in Mint on the same issue, but thought I'd post it here still. --- I believe that a reliability warning should be standard procedure when reporting on numbers issued by the entertainment industry on piracy (perhaps I should generalise that to reporting on any kind of statistic). They have a slight tendency to exaggerate. (I suggest: "Reader beware: believe figures mentioned below at your own risk." to be on the cautious side.) Let me explain. The Mint report talks of "loss" of "potential" sales. Decoding of that language usually reveals that the figures reported directly the estimated size of the pirate market. One has to remember that the size of the piracy market does not actually correspond to loss. It is just sales of an imitation of the actual product that the original producer did not make. Calling such lack of sales a "loss of potential sales" is like saying that Ferrari has a "loss of potential sales" to the tune of $50b in the Indian market despite its large size just because the Indian market is poor and cannot purchase Ferraris. Perhaps that comparison is a bit unfair. For many years Bollywood films were not allowed in Pakistan. Bollywood producers were not reporting that as a "loss of potential sales". Nor do they report non-sales of Bollywood movies in Tuvulu as "loss of potential sales". In both cases, sales are not happening. It is not a loss, but a lack of sales. Coming back to the Ferrari example, Ferrari wouldn't be correct in calling the sale of fake Ferraris (which are popular, it seems, in Thailand and Italy) a "loss" of sales. Fake Ferraris, just like fake software and fake film DVDs, are a) advertised as fake; and b) cost much less than the original. If they were being advertised as the real thing and being sold at the same price, then I would perhaps not have a problem with the claim of "loss in potential sales" because those are actually potential sales. The two markets (of the original product and the fake products) would then be comparable. Even then, if the pirates were selling the fake product in a remote place where no Indian company does not sell its wares, the question of loss makes no sense. The original product does not have a market to lose. Thus, the minimum requisites to talk of piracy as loss are: a) advertisement as the real thing; b) costing around the same amount as the original (or at least price-inelasticity of demand); and c) pre-existence of market for the original. Basically, these three can be summarised into one condition: actual competition (in the non-economic sense) between the original and the fake. Piracy is sometimes a good thing. The huge market for Indian films in Pakistan is a result of piracy. Pirates are no philanthropists and are doing it for private benefit, just as the film producers are. But they are helping out the film producers by creating and sustaining the market for Indian films. I've presently forgotten whose paper it originally appeared in, but Lawrence Liang often cites the example of T-Series having created the market for film music cassettes in India by illegal disregard of HMV's copyrights. HMV benefited immensely. Microsoft also has piracy to thank for the success of its products in developing markets. By illegally pre-installing MS Windows and Office on computers, assemblers create legions of loyal users for Microsoft. On whose economic success (and thus moving to authentic software) Microsoft bets. Microsoft fights harder against piracy in the developed world. Not because the laws are nonexistent in the developing world, but because it hurts them less there. People who buy a computer for Rs.20000 are not going to increase their cost by up to Rs.16,166 (MRP for Vista Ultimate; Vista Home is Rs.5538) for an operating system and Rs.6990 (MRP for the Student version of MS Office). Which, financial experts opine, is greater than the cost of the computer's hardware. The market for such expensive software does exist in India -- and much has to be said about the role of consumer education in the expansion of the legal market for such software. But it also has be admitted that that market is often (though not necessarily) radically different from the market for pirated software. If Microsoft magically stamps out piracy in India overnight (imagine it, howsoever difficult it is), the only effect will be turning assemblers to free flavours of Linux for pre-installation on computers. Until Microsoft reaches the same market as the pirates, the talk of loss does not arise. For this, the price-elasticity of demand has to be looked at. If consumers are only willing to pay up to Rs.1000 for the product instead of using (free) Linux, then that Interesting anecdote: NBC's marketing department was uploading copies of Saturday Night Live on YouTube at the same time that its legal department was sending C&D notices to Google to remove the infringing material. Contrary to appearances, I am not trying to defend piracy. It is quite often a horrible thing (even without the ridiculous you're-helping-al-Qaeda bogey). I'm just saying that it is not a cut-and-dried, black-and-white, issue. For a start, the mode of calculation of "loss of potential sales" has to be made public. It isn't provided in the Mint report nor in the two graphs which are linked to the report. I hope the actual document provides some answers when it is released. It has to be checked that the loss referred to amounts to loss in potential sales. That is, it must fit this definition: "additional amount of legal purchases that would have been made if the pirate market did not exist." "additional amount of CDs, DVDs, etc., that would have been sold were it not for piracy.mustfit this definition: " The original and the pirated goods must thus be "substitutes" in the economic sense. Thus, what should be bothering entertainers is when sale is happening through illegal means instead of legal means (substitution), and not when it is happening through illegal means in addition to legal means. Piracy can be harmful by depriving producers of sales. Piracy can also involve selling the counterfeit product (at a cheap price, or at a remote place) when/where the original won't sell/isn't being sold. And when the latter happens, it is good (market being created, popularisation of product, etc.), or, at worst, neutral for the producers. In the latter case, it is not a deprivation of sales-income. Much of the Indian market (the film market at any rate) falls within the second category. It would be interesting to know how many of Moserbaer's (cheap, in monetary terms) releases are being pirated. "If you can't beat 'em, join 'em." I though that was what the VCR saga (with Valenti's infamous "Boston Strangler" quote) taught the film industry? They opposed VCR's, then found that video sales were, in many cases, bringing in more money than ticket sales. Regards, Pranesh Prakash On 3/29/08, Frederick Noronha [फ़रेदरिक नोरोनया] wrote: > > > http://www.business-standard.com/common/news_article.php?tab=r&autono=318000&subLeft=4&leftnm=8 > > Govt against curbing piracy with policy > FICCI FRAMES 2008 > BS Reporters / Mumbai March 26, 2008 > > In what is viewed as a setback for the film industry's efforts to stop > piracy, the government today rejected the recommendations of the draft > optical disk policy on grounds that it would lead to the creation of a > regime of inspectors, and thus go against the grain of the > liberalisation policy. > > For the past few months, the Ministry of Information & Broadcasting > has been examining the draft optical disc law to check film piracy. > > As the draft legislation, which included a code of regulations for > content, is being prepared by FICCI and members of the film industry > with the initiative of the government, a positive response is > expected. > > However, addressing the FICCI-Frames 2008 convention here today, Union > Ministry of Information & Broadcasting Secretary Asha Swarup made it > clear that the government was not in favour of implementing the > recommendations. > > Acknowledging that the menace of piracy in the entertainment and media > industry was huge, she said the problem had to be tackled by closing > the gaps in the supply. "A possible way," she said, "is to release > films in 'C' and 'D' class towns in digital formats." > > Swarup expressed her content with Pakistani films being released in > India and Indian films like Taare Zameen Par making an entry into > Pakistan. She said she hoped that with a new democratic government in > Pakistan, more Indian films would be screened there. > > The secretary also emphasised the need to develop content for TV, > especially for children. > > Meanwhile, the FICCI-PricewaterhouseCoopers 2008 report, released > today, estimates the industry at Rs 51,300 crore in 2007 - a growth of > 17 per cent from Rs 43,800 crore in 2006. The Indian entertainment and > media industry is projected to clock Rs 1,15,000 crore by 2011. > > In his address, Yash Chopra, chairman, FICCI Entertainment Committee & > Yash Raj Films, said that Indian cinema had transcended geographical > boundaries. However, he added: "Piracy, IP protection in the animation > segment and censorship are hurdles that the Indian media and > entertainment industry have to overcome." > > Rajeev Chandrasekhar, MP and president of FICCI, pointed out that the > industry today had reached a point of critical mass. "I believe this > industry is poised to achieve the scale and size required to have > global value and presence," he said. The challenge for the industry > over the next few years, he said, was to become globally relevant to > the capital markets and investors; relevant to producers and consumers > of entertainment all over the world. > > Kunal Dasgupta, co-chairman, FICCI Entertainment Committee & CEO Sony > Entertainment Television, said: "We are in talks with the Academy of > Television Arts and Science in the US, which represents the popular > Emmy Awards, and hopefully we will able to present an Indian version > of the popular Emmy Awards by next year." > > Amit Khanna, chairman, Reliance Entertainment & FICCI Convergence > Committee, said new digital technology would reshape the distribution > and exhibition business. > > "On-demand entertainment will become a standard industry norm," he said. > > * * * > > FROM USIBC > > Piracy in India's Entertainment Industry Causes Huge Losses to Indian > Economy > > March 27, 2008 Mumbai, India – The U.S.-India Business Council (USIBC) > has released a new study showing huge job and revenue losses to the > Indian economy as a result of piracy in India's burgeoning > entertainment industry. The study– 'The Effects of Counterfeiting and > Piracy on India's Entertainment Industry'– prepared for USIBC by Ernst > &Young India, shows as much as Rs. 16,000 crores are lost each year > due to piracy. As many as 800,000 direct jobs are also lost as a > result of theft and piracy, afflicting India's entertainment industry. > > Speaking at the Federation of Indian Chambers of Commerce and Industry > (FICCI) FRAMES 'Business of Entertainment' Conference, USIBC > President, Ron Somers, said, "This study estimates that the Indian > entertainment industry loses some 820,000 jobs and about $4 billion > each year to piracy. This is an enormous and unacceptable magnitude of > loss – by any measure." > > The piracy study was commissioned as part of the USIBC-FICCI > Bollywood-Hollywood Initiative. "This study covers film, music, > television and video games and has been funded by the Global > Intellectual Property Center of the U.S. Chamber of Commerce, which > aims to highlight the value of intellectual property, as well as > illuminate the adverse impact theft and piracy have on creativity and > innovation. The Bollywood-Hollywood Initiative promotes the > sustainable growth and convergence underway between the entertainment > industries in both our countries." > > Presented with a copy of the study, FICCI Secretary General, Dr. Amit > Mitra, said, "This study shows that the best way to make the boom in > the Indian entertainment bigger is to stop the affliction of piracy. > For the average Indian who wants to increase his or her chances for > being employed in Bollywood and associated industries, fighting piracy > is a place where all our collective efforts must start." Dr. Mitra > went on to point out, "The Media and Entertainment industry in India > is an industry of the future. India's entertainment industry already > generates more than $11 billion annually for the country, growing at a > combined annual rate of over 18%. If we can stop piracy, these > industries will grow even faster and employ more Indian workers." > > Also present at the media briefing was Ramesh Sippy, famed producer > and director of the all-time number-one blockbuster 'Sholay'. Sippy > said, "I know first hand the importance of fighting piracy to support > the growth of Bollywood. I commend the USIBC-FICCI Initiative for > enlisting all elements of the entertainment industry against piracy." > > Farokh T. Balsara, National Sector Leader, Media and Entertainment for > Ernst & Young-India, said, "Our Mumbai office collected data for this > study from on the ground – via direct interviews with stakeholders > from the Bollywood entertainment industry. We looked at the industry > from every angle – films, music, TV, radio, and electronic games. The > story was the same across the board: if we can slow or stop piracy, a > direct correlation in the generation of wealth and employment will be > the result." > > Commenting on the USIBC-FICCI Bollywood-Hollywood Initiative, USIBC > President Ron Somers said, "This study is only the beginning. Now that > we have documented the job and revenue losses to the Indian > entertainment industry from piracy, we intend to continue fighting > piracy across the board. We will strive to bring these findings to > the attention of the average person in India. We will attempt to > enlist more effectively the U.S. and Indian governments to cooperate > in fighting the scourge of piracy in India, as well as in the U.S. and > worldwide. We strongly support passage by India of optical disc > legislation that will thwart piracy in this important industry. We are > pleased to stand shoulder to shoulder with counterparts in India to > help protect jobs and revenues that are now being needlessly lost to > piracy." > > Also previewed at FICCI FRAMES as a part of the Bollywood-Hollywood > Initiative was 'Illicit – The Dark Trade' – a special documentary that > airs world-wide, produced by National Geographic for the U.S. Chamber > of Commerce's Global Intellectual Property Center. This > made-for-television documentary shows that the problem of piracy is an > epidemic affecting many sectors of world-wide dimensions. > > The U.S.-India Business Council, formed in 1975 at the request of the > Government of India and the U.S. Government to advance U.S.-India > commercial ties, is hosted under the aegis of the U.S. Chamber of > Commerce. The U.S. Chamber of Commerce is the world's largest business > federation representing more than 3 million businesses and > organizations of every size, sector, and region. The U.S.-India > Business Council celebrates its 33rd Anniversary at the U.S. Chamber > of Commerce on June 12, 2008 in Washington, D.C. > > > -- > ---------------------------------------------------------- > Frederick 'FN' Noronha | Ym/Gmailtalk: fredericknoronha > http://fn.goa-india.org | fred at bytesforall.org > Independent Journalist | +91(832)2409490 Cell 9970157402 > ---------------------------------------------------------- > _______________________________________________ > commons-law mailing list > commons-law at sarai.net > https://mail.sarai.net/mailman/listinfo/commons-law > -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mail.sarai.net/pipermail/commons-law/attachments/20080330/e1445408/attachment-0001.html