Delayed Justice-A challenge ahead for Indian Judiciary - By Ashrujit Basu (Lawyer)

India, being a largest state in the globe where Justice is for all and the system of judiciary is so strong to deliver it. Although our Republic is federal, our judicial system is unitive, thereby strengthening the integrity of the nation and the authority of our courts. But, to our misfortune, the pluralist hierarchy of the judicial structure provides for an excessive obesity of decks upon decks, making finality of adjudication, distances away from moral litigant.
Whereas; Indian constitution grantees a Speedy Justice and Legal Aids, but after so many glorious days of celebrated Independence, The state gradually failed to deliver secure and speedy justice for its citizen. It’s reviewed and obverted that most of the Indian courts is flooding with pending cases and the onus is upon the Judiciary to change the scenario. The justice delivery system is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much time that even a generation is too short to get any type of redressal. A brief look at some of the judicial statistics would tell the true story of the state of justice in India today: -

On an average, 50 lakh crimes are registered everyday, which are sought to be investigated by the police.

The pendency of criminal cases in subordinate courts is in the region of 1.32 crores and the effective strength of judges is 12,177.

• The number of under – trials in criminal cases pending in the courts is 1.44 crores and of these over 2 lakh persons are in prison.

On an average, Courts are able to dispose off 19% of pending cases every year.

The reasons for delay could be attributed to the fact that every case moves from the lowest to the highest level. Too many revisions, bails, applications make five cases of one. The Centre and the State Governments also contribute to the backlog. Not only is the Govt. the biggest litigant but also it creates fresh litigation because it doesn’t honour judicial decisions. Another obstacle to speedy justice is adjournments. As far as the situation in Subordinate Courts is concerned, the infrastructure is non existent and at times the judges have to write judgments with their own hands as they don’t have stenos. Every subordinate judge is caught between oppressive workload and hardly any time or facilities.

Justice Delayed is Justice Denied

Jawaharlal Nehru, on the afternoon of March 19, 1955, while addressing the members of the Punjab High Court ; He remarked that litigation was a disease and it could not be a good thing to allow any disease to spread and then go out in search of doctors. Referring to an adage that “Justice Delayed is Justice Denied”, Pt. Nehru stressed that disposal of cases must not be delayed.But it seems that Rising India is having lacuna in the system to secure ‘’Justice for All”
The social, political and cultural background of the country is very much promising, and a glorious history of Indian Judiciary also witnessing that the system is for people and by the people.
But no one can actually deny the above mentioned fact and figure of the pending cases in the lower courts and High courts of the country.
Corruption is playing a big game to indulge the negative situation, Now, Justice with a price tag except Justice for All. The concept of Justice Delivering system in India is changing its colour. A poor layman is neither affords a legal cost nor a cost of delaying, but he has nowhere to go except knocking the door of courts. His sons or daughters also inherit such pending cases ironically.


Ray of Hope- Remedies to Overcome Delay:
The newly introduced first track courts have disposed of 2.507 million cases out of 3.101 million cases transferred to them. Digitalization of Indian Courts could help to dispose pending cases. But Digitalization and the using of case management software is need to use in the lower courts along with High courts. But till date cases disposed of and pending in Gram Nyayalayas (village courts) was not maintained centrally. Other measures include introduction of some legislative measures for improvement in judicial procedure and for expediting disposal of civil and criminal cases in courts. Establishing Mobile courts could help a layman to get justice. Other measures include introduction of some legislative measures for improvement in judicial procedure and for expediting disposal of civil and criminal cases in courts. Most recently; The Government has prepared a ‘vision plan’ which is intended to make the period of pendency of cases in the courts reduce from an average of 15 years to an average of three years by 2012.

Minister of Law and Justice Dr.M.Veerappa Moily informed in a written reply that: “The Government has taken various measures to provide speedy justice to common man. With a view to ensuring expeditious disposal of cases, a ‘Vision Statement’ indicating an Action Plan was presented in the ‘National Consultation for strengthening of Judiciary towards Reducing pendency and Delays’.”
As observed; This a surely a new challenge for the Government and Judiciary. NGOs and Social Activist can also be the part of sustaining justice delivering system in India. Corporate may spread their hands in this regards to provide pro bono services which may enable a person to get justice. Because together we may change the world!





Disclaimer:- This is an original work of the writer, but some Data and statistics are collected from the website of ‘TheIndianNews’. All the intellectual Property Rights are vested with the writer; i.e no one shall publish or copy this Article without prior permission of the writer.

Legallity: Michio Kaku on Augmented Reality and Fusion Power ...

Legallity: Michio Kaku on Augmented Reality and Fusion Power ...: "24.01.2011 Artificial intelligence, augmented reality, tissue engineering and fusion power are or will soon be available to us, says th..."

Michio Kaku on Augmented Reality and Fusion Power Dorothée Enskog, Online Publications

24.01.2011 Artificial intelligence, augmented reality, tissue engineering and fusion power are or will soon be available to us, says the futurist and physicist Michio Kaku. All these upcoming breakthroughs will have a profound impact on the global economy, as we’ll be living in perfect capitalism, Kaku says in an interview.


Michio Kaku, you are a well-known futurist. How is your background as a physicist helping you predict the future?
Kaku: Physicists are behind every single major breakthrough of the 20th century, and we physicists are now inventing the 21st century. Our breakthroughs will affect medicine, finance, the nature of commerce and how we interact with other people.

How will these breakthroughs affect finance?
In the next 10 years or so, computers will be 1,000 times more powerful than today, which means they’ll be 1,000 times cheaper. They will probably be what electricity is today: everywhere and nowhere. That’s the future of computing: cloud computing. We’ll also have flexible (PC) screens. You will soon be unwrapping your computer screen, because it will be made of intelligent paper. Computer chips will only cost a penny in about 10 to 15 years. Wallpaper will be intelligent. You’ll be talking to the wall, and be able to change its color or the pictures hanging there. You’ll have a TV screen in the wall. We’re developing this type of intelligent wallpaper right now.
Another example is the contact lens, a little object just like a jeweler’s lens that you flip over your eye, which will also be intelligent. So when you talk to somebody, your contact lens will identify who this person is. His or her biography and name will be printed out in the lens. And if someone speaks German or another language, you’ll see subtitles underneath in real time, as that person speaks. We’re already developing prototypes.
These lenses also mean that when you’ll store walk into a grocery store or a toy in the future, the lens will scan all objects and tell you the prices and who has the cheapest price. This development is going to change the nature of capitalism. Today, we live in imperfect capitalism. You don’t know how much things exactly cost or who has the cheapest beer or toy. In the future, your contact lens will tell you who does. This is perfect capitalism, where supply and demand precisely meet where they should. The advantage will shift to the consumer, because they’ll simply look and see all the relative prices displayed.

Who else will be affected by this “contact lens”?
Students taking exams for example. They will blink and see all the correct replies. Professors will have to change their exams, so there is less emphasis on memorization.
Tourism will also be affected. Certain tourists going to Rome are quite disappointed as they only see ruins of the Roman Empire. Soon, you’ll be able see these ruins reconstructed through your contact lens. This technology already exists. A Chinese city, destroyed in the last opium war, has been reconstructed through animation. You can walk around and see how is used to be.
The military is perfecting this technology for the battlefield. Soldiers will immediately see where their friends are, where the enemy is, where airplanes are, simply by blinking.

Who is carrying out the research in this field?
Numerous laboratories around the world. This is big business. It’s not commercially available yet, because it’s still very expensive. But one day, it will change our life. In museums, you’ll just ask your contact lens to describe the objects and their history. At night, when you’ll be looking at the sky and don’t know the names of the stars, the lens will tell you these, as well as the names of the constellations, black holes and supernovas.

How will these radical changes affect the labor market?
Some people earlier forecast that we were going to have a digital divide between the digital rich and the digital poor. That’s wrong, because computer power is now so cheap that even slum dwellers have access to PCs nowadays. The job market is, however, going to be turned upside down by this artificial intelligence.
Robots are getting smarter and smarter. However, there are two things they can not do. They do not understand what they see. All they see is geometric patterns: lines, circles, squares and triangles. They don’t recognize a cup from a person, from a cell phone … Secondly, they don’t understand common sense, such as water is wet or that strings pull, but do not push. These statements are found nowhere in mathematics.
Tasks that involve creativity, imagination, talent, analysis and leadership are way beyond the capability of any computer or robot. So the losers on the labor market will be people that do repetitive work, because that’s what robots do best: repetitive work. Blue collar work that will thrive is non-repetitive work that requires pattern recognition. Construction workers will be necessary, because every construction site is different. Gardeners will be needed, because every garden is different, just as garbage men, because every piece of garbage is different. Policemen will have jobs, as every crime is different.
With regard to white collar work, the losers are the middlemen. They will no longer be needed. You’ll have to add value to your services. You have to add experience, knowledge, gossip, inside dope and years of experience. Robots do not have experience, nor know about trends or the structure of new tax policies. Take real estate agents as an example. You can bid and buy an apartment house online, from start to finish. Somebody just lost a commission. But if you’re buying your first house, are you going to buy it online? No. You want to talk to a human, to know more about the sewer system, the crime rate, the school board. These are the types of services real estate agents will have to provide.
Capitalism will be making a gradual shift from commodity-based capital to intellectual capital. Today, you had a breakfast that the King of England could not have had 100 years ago, with delicacies shipped in from around the world. Commodities like food are dirt cheap and will be even cheaper in the future.

What will replace the current commodity-based capitalism?
Intellectual capitalism, or everything that robots can not do: common sense and pattern recognition. They will be the source of wealth in the future. Why? Because the brain can not be mass produced. You can containerize, ship and mass produce food, but you have to give birth to a human brain.
Intellectual capital is not just about computers, but also includes art, movies and novels. The former British Prime Minister Tony Blair used to say that England derives more revenue from rock music than it does from its coal mining industry. Why? Because coal can be mass produced, while rock and roll cannot.
The currency of the future will slowly become more and more common sense. China understands this development and has a very simple and successful strategy. They rely heavily on commodities, cheap labor and exports of mass produced cheap goods to generate capital. Simultaneously, they send their best students to America and Europe to make the transition to intellectual capital. Other nations have no such strategy. They invest heavily in agriculture and will gradually become poorer and poorer.

What other trends do you see coming up in the next decade?
Augmented reality. It’s when you clarify reality by making it more real. The military is, for example, interested in seeing through objects or making objects invisible. If you are a pilot and the enemy goes underneath your plane, you are blind. But, if you put cameras underneath your plane and shoot the image into your contact lens, you’ll see what’s below your aircraft when you look down, rather than your legs. So you will be able to see through objects.
Prospectors will use augmented reality. When you’re prospecting for oil, you’ll have satellite giving you radar soundings. Infrared radiation will allow us to see through objects and see where the oil is.

Are thought-controlled robots also on their way?
Primitive thought-controlled robots already exist. Honda already has a thought-controlled robot that can carry out four basic functions. Today, you can put a chip into a brain, connect a chip to a laptop, and move the cursor on the screen by thinking. Stroke victims that are totally paralyzed can use this technology today in order to surf the web, write e-mails. Thought-controlled objects are going to be one of the ways that we will interact with the computers of the future.

What is the timeline of these innovations?
We’re going to have the contact lenses in five to ten years, thought-controlled robots in maybe 20 years.

How about mind reading? If you can project thoughts, then can you read thoughts?
MRI scans already allows us to do so. MRI scan analyze blood flows. When you look at a dog, it affects your blood flow. We can obtain a dictionary of thought by looking at different objects and the MRI scans. It’s not 100 percent accurate, but 80 percent of the time the computer will recognize what you’re looking at.

Is time traveling also coming?
Time travel is centuries or millennia down the line, because you need vast amounts of energy. Time travel into the future is easy. Our astronauts do it every time they go into outer space. If you go into the speed of light, you can in some sense almost live forever, because you can wake up millions of year into the future.
Going to the past is problematic. But we cannot rule out that there is no gateway to the past. We for instance see these black holes in outer space. Where do the objects falling into these go? We don’t know. They may come out of a white hole in a different space and time.

How do you see the world resolving its ever greater energy needs?
I don’s see what could replace oil during the coming decade. There’s going to be chaos, as different sources of energy compete against each other. But in 10 years time the cost of solar energy could be lower than that of fossil fuels.

Would fission power or nuclear power be a solution?
The waste of fission power is very problematic. Fusion power has better prospects. The French are building an ITER fusion reactor in Cadarache. We hope to have infinite energy available from a glass of water in the future. One glass of water will eventually have more energy than many, many, many gallons of gasoline.

When will this French fusion plant be operational?
In 2019. Its commercialization may come around 2030 - 2040.

So fusion power should really resolve all our energy problems?
Yes. However that still leaves 30 years of enormous quantities of pollution going into the air. And as you know, the North Pole region is already 50 percent gone. Greenland and parts of Alaska are thawing out very rapidly, so sea levels could rise affecting numerous coastal regions.

How about the ongoing biotech revolution happening just now?
We’re just at the beginning of it. We’re soon going to be able to grow organs of the body. We’ll simply grow new ones when they grow old. Today, we can already grow skin, cartilage, noses, ears, blood vessels, heart valves from our own cells. The first bladder was grown three years ago and within five years the first liver could be grown, maybe even a pancreas. This means we might find a cure for diabetes. The scientific term for this progress is tissue engineering.

So will we live forever?
That’s a separate subject. Organ failure won’t be a major source of death in the future, as we’ll be able to replace them.
As far as living forever, we are now unlocking the secrets of the aging process at the genetic level. Aging is the accumulation of errors at the genetic and cellular level. The aging process takes place in the engine of the cell, the mitochondria. You get old not because you can’t repair your cells any longer.

You are working in a field of physics called string theory, which notably allows for parallel universes. How is this possible?
String theory allows for gateways to other universes. This is called the multiverse. A multiverse universe is like a bubble bath with each bubble representing a universe. They bump into each other, collide, split off… That picture of parallel universes can eventually be tested.

So, is Elvis Presley still alive in one of these parallel universes?
I don’t know. All I know is what the mathematic says: you can not rule it out in one of these other universes.

So do you believe that there are other humans or different types of lives in these other universes?
There could be. There is a theory called many worlds, in which there are infinite copies of us in the multiverse. That’s also allowed by quantum theory. So we could be having this very same conversation in a different place.

Channapattana wooden toys face Chinese threat

Take a walk in the streets of Channapattana, a small town between Bangalore and Mysore, and you can’t help but feel sorry for growing up. Colourful and finely crafted wooden toys of Channapattana are sure to seize the attention and praise of even the elder most.

Tipu Sultan, then the ruler of Mysore, is believed to have invited artisans from Persia in 18th century to teach locals to make wooden dolls. The art has since been passed on from generations to the present. Lots of changes have undergone with lapse of time to suit the changing needs and demands of the market. The toys are made of ‘hale’ wood which is soft and light and grown in and around Channapattana. Vegetable based dyes are used to colour the dolls so that it is safe to be handled by children. It is said that these dolls are as safe as home made food.

While these toys are articles of play and decor for most, they are source of livelihood for many. Close to a thousand artisan families are dependent solely upon the traditional craft. Channapattana toys got the tag of registered Geographical Indication (GI) in 2006, a status well deserved by the work of fine craftsmanship practiced over centuries. GI protection raised hopes of protection against fakes, growing demand and export promotion which would result in rejuvenation of the dying industry.

With Chinese counterfeits flowing into the market with competitive price tags, original Channapattana toys are facing threat of extinction. Machine made counterfeits from China are priced less than half of the original toys and are sold in open without any abatement. With poor enforcement records, the Status of GI has done little to help the artisans at the grass root level. While the Channapattana toys have attracted enough eyeballs to make themselves famous nationwide, the enforcement machinery of law and other concerned authorities have only turned a blind eye to the counterfeits in the market.

News source:

http://www.bangaloremirror.com/article/Are-you-falling for China.html

http://www.thebetterindia.com/547/the-channapatna-toy-story/
http://www.sinapseblog.com/

DNA HACKING

Next Time! Be careful before leaving your mark on a coffee mug, or simply hair follicle that falls to the floor, contains DNA, Genome hackers may get a clue to penetrate into your personal lives.
21st century; with rapid changes of innovation which is optimizing people’s lives in a nano seconds.
The very significant innovation is Genome detection, which is a revolution amongst 21st century’s scientific contributions. A bland of technology and biotech is a now ready to decode human secrets.
What is Genome Detection?
DNA is a blue print of a Human Life, and it contains the entire mapping of a person’s history and records the changes in the passing time frame. Assessment of Gnome can track the details of a person’s lives; it can produce record of diseases, health, ancestry, and personal data for easy identification.
Genome is consisted with 23 pairs of chromosomes, the Y chromosome and mitochondrial DNA, the only two elements of the genome that are always passed down essentially unchanged from one generation to the next. Y chromosome reflect the origin of a man’s ancestors back to 50,000 years ago when modern humans first left their ancestral homeland in northeast Africa. Those on the mitochondrial DNA reflect the wanderings of women throughout the globe.

Commercialization of Genome Detection & Genetic Research:
The path breaking innovation of Genome Detection is been commercialized by some initiative, as services offering Genome detection by examining customer’s saliva and producing ready in hand information about the Diseases and records of data about one’s ancestor.
The companies providing service through some technology based programme likewise, dcodeMe, SNAP etc.

Scientists have already identified genetic markers for various diseases and health conditions, including cancer, diabetes, Alzheimer’s disease, Huntington’s disease, cystic fibrosis, and potentially thousands of others. Genetic tests are currently available to identify predispositions to specific conditions, and more are expected as science advances. Although none of these tests predict with full certainty that a condition will develop, they provide a new opportunity for individuals to know more about the potential risk of disease for themselves and their families. Once informed about their genetic status, individuals can take proactive steps to protect their health, enhance their well-being, and lower health care costs for themselves and society as a whole.

Understanding The Thread and Legal Issues:
It’s very welcoming the venture of bio-tech industries, accessing and protecting human genome for the purpose of serving its customers. But it should not be overlooked, that information extracted from a person’s Genome is been manipulated or saleable or not to any third-party whose interest might lies on it.
”Rights to Privacy” which is having a chance to be infringed through the misuses of Genetic data generated for the purpose of providing specific customized services.
Whereas; The Genetic Information Nondiscrimination Act, or GINA, is U.S. federal legislation with bipartisan support that protects Americans from discrimination (in health insurance and employment decisions) on the basis of genetic information. GINA has passed through Congress and was signed into law by the President on May 21, 2008. As a result, American insurance companies and health plans (including both group and individual insurers, as well as federally-regulated plans) will be prohibited from:
• looking at your predictive genetic information or genetic services before you enroll;
• "requesting or requiring" that you or your family members take a genetic test;
• restricting enrollment based on genetic information;
• changing your premiums based on genetic information.
But globally! The issue of Genome Hacking is in its nascent stage, lack of any International Regulation and prevention method may cause violation of privacy rights and non-discrimination. On the prospective of global Human Rights issues, tightening and monitoring regulation for such type of violation is mandatory; US federal Laws(GINA) is preventing US based companies for misusing the information e.g 23andMe
But what will be the available legal solutions; if a standard contract allows the companies to sell off the data of a non-us citizen who is a customer of US based company, providing Genome detection services.
So the global frame work does not prevent a Genome Hacker to hack into the DNA of a person, Instead of legalizing Genome Hacking.
So, it’s not difficult for a wrongdoer to manipulate the information and causing harms someone’s life.
Therefore; Genome detection may be a promising innovation till date, but should be implemented through international legal framing and monitored by an international regulatory body which will define the jurisdiction for any conflict arising out of a DNA HACKING.

Intellectual Property Rights- Changing Indian Scenario

An overview of IPR Globally:

Intellectual property rights (IPR) encourage the innovation and creativity that is fundamental to sustained economic growth. Unfortunately, the growing global trade in pirated and counterfeit goods threatens innovation, workers’ livelihoods, health, and safety. Fake products—such as CDs, DVDs, software, electronic equipment, clothing, pharmaceutical products, and auto parts—Intellectual property refers to property created with the use of intellect or creation of mind. The h i t of man's brains can with utmost propriety be called his property. Such creation is vested with the status of property because of commercial value of the intellectual creation. Intellectual property right is a right recognised and sanctioned by law. It is an intangible, incorporeal right granted by the statute. The creative intelligence of man is displayed in multiform ways of aesthetic expression but it is often happens that economic systems so operates that the priceless divinity which we call artistic or literary creativity in man is exploited and master, whose works are invaluable are victims of piffling payments.' Therefore, the public opinion in defence of human rights to intellectual property led to declaration of human right and various conventions.
The Universal Declaration of Human Rights, 1948 mandates state parties to protect the private incentive for innovators as well as the public interest of maximising access to the fruits of innovation. Article-27 states that I) everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and benefits. ii) Everyone has the right to the protection of the moral and material interest resulting & from any scientific, literary or artistic production of which he is the author. The agreement on Trade-related aspects of Intellectual Property Rights, 1944, well known, as 'TRIPS Agreement' is part and parcel of the WTO set up. The TRIPS agreement binds all the members of the WTO, which seeks to reduce distortions and impediments to international trade. Article 9 to 14 of the Agreement deal with the copyright and,related rights. The term 'related rights' appearing in the Agreement refers to the neighbouring rights, which are provided to performers, producers of phonograrns and broadcasting organisations.

Return on Investments / Invention / Innovation:
The main classification of IPR is 1) Industrial Property & 2) Copyrights
Where Copyrights law dealing with a protection of an Author’s original creation, on the other hand, ‘Industrial Rights’ is for corporate to create dominant over Innovation and Brand Protection. Sustaining new Innovation for an organization’s growth and Brand protection by using the mechanism of Trade mark Registration is essential to survive in the globalized business platform.
Whereas; world’s leading MNCs headquarters’ based in India, the changing growth of IPR related Laws and statutory regulation is significantly adding in the new context of IPR.
Amendments / Introduction of New Legislation
1. Copyrights. India’s Copyrights Act, 1957 as amended by Copyright (Amendment) Act, 1999, fully reflects Berne Convention on copyrights. Additionally, India is party to the Geneva Convention for the protection of rights and procedures of Phonograms and to the Universal Copyright Convention. India is also an active member of World Intellectual Property Organization (WIPO) and UNESCO. The copyright act has been amended periodically to keep pace with changing requirements. The recent amendment has brought the copyrights law in line with development in Satellite broadcasting, Computer software and Digital technology. The amended law has made provisions for the first time to protect performer’s rights as envisaged in the Rome Convention. On the other hand, on the implementation front, several measures have been adopted to strengthen and streamline the enforcement of copyrights. These measures comprise setting up of a Copyrights Enforcement Advisory Council, training programs for enforcement officers and setting up special policy cells to deal with cases relating to infringement of copyrights.
2. Trademarks. With regards to Trademarks, the TRIPS agreement provides that the initial registration of trademarks, and each renewal of registration shall be for a term of not less than 7 years. The registration shall be renewable for an indefinite period. Compulsory licensing of trademarks is not permitted. Keeping in view the requirement of TRIPS agreement, changes in trade and commercial practices, globalization of trade, need for simplification and harmonization of trade marks registration systems, a comprehensive review of the Trade and Merchandise Marks Act, 1958 was made and a Bill to repeal and replace the act has since been passed by the parliament and notified in the gazette on 30-12-99. This amendment not only makes the Trademarks law compatible to the TRIPS agreement, but also harmonizes it with international systems and practices.
3. Geographical Indications. The TRIPS agreement contains a general obligation that parties (countries) shall provide the legal means for interested parties (countries), to prevent the use of any means in the designation or presentation of good that indicates or suggests, that the good in question originates in a geographical area, other than the true place of origin, in a manner which misleads the public, as to the geographical origin of the good. There is no obligation under the agreement to protect geographical indications which are not protected in their country of origin or which have fallen into disuse in that country. A new law for the protection of geographical indications, viz. The Geographical Indications of Goods (Registration and Protection) Act 1999 has also been passed by the parliament and notified on 30-12-99.
4. Industrial Designs. Obligations envisages, in the TRIPS agreement, in respect of industrial designs are that independently created designs that are new or original shall be protected. Individual governments have been given the option to exclude from protection, designs dictated by technical or functional considerations, as against aesthetic consideration, which constitutes the coverage of industrial designs. The right accruing to the right holder is the right to prevent third parties not having his consent from making, selling or importing articles or embodying a design, which is a copy or substantially a copy of the protected design, when such acts are undertaken for commercial purposes. The duration of protection is to be not less than 10 years. A new law repealing replacing The Designs Act, 1911 has been passed by parliament in the budget session, 2000. This act has been brought into force from 11-05-01.
5. Patents. The basic obligation in the area of patents is that, invention in all branches of technology whether products or processes shall be patent able if they meet the three test of being new, involving an inventive step and being capable of industrial application. In addition to the general security exemption which applied to the entire TRIPS agreement, specific exclusions are permissible from the scope of patent ability of inventions, the prevention of whose commercial exploitation is necessary to protect public order or morality, human, animal, plant life or health or to avoid serious prejudice to the environment. Further, members may also exclude from patent ability of diagnostic, therapeutic and surgical methods of the treatment of human, animals and plants, other than microorganisms and essentially biological processes for the production of plant and animals. The TRIPS agreement provides for a minimum term of protection of 29 years counted from the date of filing. India has already implemented its obligations under Articles 70.8 and 70.9 of TRIPS agreement. A comprehensive review of the Patents Act, 1970 was also made and a bill to amend the same was introduced in parliament on 20th December, 1999 and notified on 25-06-02 to make the patent law TRIPS compatible.
Modernization of Intellectual Property Administration
The Government, in a series of strategic responses to economic liberalization and globalization, has put on priority the modernization of IP Administration. Following steps have been taken:
1. Modernization of patent offices, located at Mumbai, Delhi, Chennai and Kolkata (Head Office), sanctioned at a cost of Rs. 75.79 crores in December, 1998. The components of
project included, human resource development, computerization and re-engineering of work practices, clearance of backlog of pending applications and operational and financial autonomy.
2. Effective steps have been taken in terms of acquisition of additional accommodation for Delhi, Kolkata and Chennai offices and its renovation, computerization of operations, provision of additional staff, improvement of library facilities and novelty search facilities, etc.
3. Efforts have been made to improve the working of the patent offices within the resources available and that the problem of backlog is also being attacked through 50% higher monthly target for disposal of patent applications per examiner.
4. A steering committee, comprising representatives of Patent Offices, NIC, NID, NPC, Finance Wing, etc., regularly monitors the progress of implementation.
5. Website of Patent Office (http://patentoffice.nic.in) was launched. Work manual of the office is put in use. Information brochures on different aspects of intellectual property, including patents, have been released. On-line search facilities have also been established.
6. e-Filing of Application for Patent/ Trademark is now available with the website of Controller General of Patent, Design and Trade mark (http://ipindia.nic.in).

Number of measures to strengthen the enforcement of copyright law has been taken by the Government of India. The summary of the same is as follows:
1. The Government has brought out A Handbook of Copyright Law to create awareness of copyright laws amongst the stakeholders, enforcement agencies, professional users like the scientific and academic communities and members of the public. Copies of the Handbook have been circulated free-of-cost to the state and central government officials, police personnel and to participants in various seminars and workshops on IPR.
2. National Police Academy, Hyderabad and National Academy of Customs, Excise and Narcotics conducted several training programs on copyright laws for the police and customs officers. Modules on copyright infringement have been included in their regular training programs.
3. The Department of Education, Ministry of Human Resource Development, Government of India has initiated several measures in the past for strengthening the enforcement of copyrights that include constitution of a Copyright enforcement Advisory Council (CEAC), creation of separate cells in state police headquarters, encouraging setting up of collective administration societies and organization of seminars and workshops to create greater awareness of copyright laws among the enforcement personnel and the general public.
4. Special cells for copyright enforcement have so far been set up in 23 States and Union Territories, i.e. Andhra Pradesh, Assam, Andaman & Nicobar Islands, Chandigarh, Dadra
& Nagar Haveli, Daman & Diu, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Meghalaya, Orissa, Pondicherry, Punjab, Sikkim, Tamil Nadu, Tripura and West Bengal.
5. The Government also initiates a number of seminars/workshops on copyright issues. The participants in these seminars include enforcement personnel as well as representatives of industry organizations. As a consequence of the number of measures initiated by the government, there has been more activity in the enforcement of copyright laws in the country. Over the last few years, the number of cases registered has gone up consistently
6. The Indian Patent and Trademark Office (IPTO) notified the 3rd draft patent amendment rules, 2010.
A few major highlights from the draft rules are:
Our IPTO becomes an International Preliminary Examination Authority (IPEA) and International Search Authority (ISA) upon publication of the rules in the Official Gazette. IPTO's Delhi office will perform the function of the IPEA.
The rules also define a specific section relating to the format of applications to be submitted before the Controller. All documents except affidavits and drawings, should be submitted in a font that is not less than 0.28" and have at least 1.5 line spacing. The document should be on A4 paper, with defined margins (4 cm for top and left, 3cm for bottom and right). Each sheet must be numbered in Arabic numerals in the bottom centre.Numbering to be provided after every 5 lines.

Our more experienced readers would appreciate that the format of the application is similar to that of EPO requirements (See Rules 46, 47 and 49).
Hopefully, once the rules are officially notified- it would be possible for the IPTO to publish a complete application and subsequently its file history.

Indian IPR goes internationally
Keeping bio-piracy at bay by protecting traditional knowledge or popular folklore and sharing its benefits with stake-holders are issues that will be reiterated by an Indian delegation participating in a WIPO meeting on the issue starting in Geneva on Monday (April 24,2006).
Representatives from different ministries, including Education, Science and Technology and Commerce, are participating in The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: Ninth Session, held under the aegis of the WIPO(World Intellectual Property Organization).
The challenge is not only in tightening Indian laws to prevent misappropriation of traditional knowledge but to ultimately get other countries also to be part of an international treaty that binds them on similar lines. This way, traditional knowledge gets protected, whether it is Chinese medicine or popular African folklore, another IP expert said.
With India recognising product patents, the law should prevent the misuse of documented and undocumented forms of traditional knowledge. Prior informed consent needs to be taken from stakeholders of the traditional knowledge if it was being used for commercial purposes and the benefits should be shared with these communities who have used the knowledge for generations, he added.
Between the Patents (Amendment) Act 2005 and the Bio-diversity Act, India has taken steps to prevent the misuse of traditional knowledge, said a Government official who is participating in this week's WIPO meet.
The Traditional Knowledge Digital Library further lists out details on Indian medicine in languages such as Japanese, German, French and Spanish, besides English.
This keeps Patent offices across the world informed, so it can keep at bay brazen attempts to patent traditional Indian medicine, the official added.(sources’: The Hindu Business Line)
• In recognition of the efforts made by the Government of India in modernising its intellectual property systems as well as infusing transparency and openness in the system, the 170 plus Member States of the World Intellectual Property Organization (WIPO), in the recently concluded General Assemblies of WIPO, endorsed India’s recognition as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA).
• India and other developing countries are set to block the attempts of the developed nations to restrict access to digital material in a bid to check violation of copyright at the 18th session of the Standing Committee on Copyrights, to be held by World Intellectual Property Organisation in Geneva.
• In addition to its anti-software piracy activities, Business Software Alliance (BSA), will also now lobby with the Indian government to sign the World Intellectual Property Organisation (WIPO) copyright treaty. BSA, which is a global agency backed by major software vendors like Microsoft and Adobe, will also put pressure on the Indian government officials to strengthen the enforcement of the existing copyright legislation to bring down software piracy.
• On the Day of June 24,2008 Union Minister of Commerce and Industry Kamal Nath on Monday stated that a bilateral agreement on Intellectual Property Rights (IPR) cooperation between the intellectual property offices of India and Singapore will be signed shortly. During his bilateral meeting with Lim Hng Kiang, Minister for Trade and Industry of Singapore, Nath informed that as regards the Association of Southeast Asian Nations (ASEAN)-India FTA, considerable progress was made during the last meeting in Bali and added: I am now hopeful that we would be able to achieve our target of announcing the conclusion of negotiations at the AEM-India consultations in August. During the interaction, Kamal Nath said that Singapore was India s fifth largest merchandise trading partner and fourth largest merchandise export market and added that India s exports to Singapore grew by 16 per cent in the year 2007-08 compared to a growth of 42 per cent in the imports from Singapore . He further stated that Singapore ranks fourth in terms of foreign direct investment in India during the period 1991-2008 with investments of 4.7 billion dollars. The total bilateral trade during 2006-07 was 11.49 billion dollars and has increased by 25.88 per cent to 13.42 billion dollars in the year 2007-08 (upto February 2008) over the same period in 2006-07. Major items of Indian exports to Singapore were: petroleum (crude and products); other commodities; transport equipments; electronic goods and non-ferrous metals. Major items of Indian imports from Singapore were: electronic goods; petroleum (crude and products); organic chemicals; machinery (except electrical and electronic) and project goods.
The top five sectors attracting Foreign Direct Investment (FDI) inflows from Singapore are: petroleum and natural gas, mining, services sector, construction activities and power, whereas the top five sectors attracting technology transfer are: electrical equipments (including computer software and electronics), hotel and tourism, food processing industry, chemicals (other than fertilizer) and miscellaneous mechanical and engineering industries. (ANI)

New arena of IPR in India:

Publicity & Image Rights: The right of publicity and the right of image flow from the right to privacy of individuals. The jurisprudence on publicity and image rights is in its nascent stages in India. The judiciary is yet to recognize the right of publicity and the right of image as distinct legal rights. In ICC Development (International) Ltd v Arvee Enterprises ((CS) OS 1710/2002)
This is of strategic importance for celebrities who intend to use their image and likeness to identify their own or an authorized line of merchandise.Recently, well-known Indian actress Mallika Sherawat registered her name as a trademark.

Data Protection: The importance of IP exponentially increases in companies that are planning to execute some of their core projects offshore and in companies that need to provide access to classified company data to the offshore location for BPO/Call center initiatives. It is important for companies to understand IP rights in India and the best practices that can be followed to protect the IP.



‘Raises of IPR firms and Lawyers in India:-


The current issue of Businessworld showcases the legal hotshots who are dominating the booming Intellectual Property Rights (IPR) arena. From well known industry specialists like Remfry & Sagar and Anand and Anand to newer, upcoming firms like Titus & Co., the article takes a look at the firms’ specialty, revenue and clients.
The article also takes a look at the firms’ revenues for the year of 2009-2010, fees charged per hour, the firms’ top clients as well as the top cases that have been fought by the firm. The figures that these questions throw up give an interesting insight into the growth of the IP market in India.

ND- Not Disclosed
Source: Businessworld, August 2010
Among the firms that agreed to disclose their revenue figures for the year mentioned, the clear market leader continues to be Remfry & Sagar which is also one of the oldest law firms in India set up in 1827. Its staggering revenue of Rs.121 crore ($26 million) and fees of $90 to 1000 (Rs. 4,000 to 46,000) per hour clearly show that the Vidya Sagar led firm is the doyen of India’s IPR business.
While reading the article, it seems that the most interesting facet of this feature piece is the staggeringly high hourly fees that are charged by the firms across the board. From Remfry & Sagar’s $ 26 million (Rs. 121 crore) revenue to hourly rates as high as Rs. 46,000 ($1,000), it is a clear sign that the IP market in India is on a fast track. With able lawyers who keep up to date on the latest developments in the IP world from around the world, it is clear that the sky is the limit for this area of law.
An interesting feature of the article is the issue of security among the IP firms. Security measures include a no cell phone rule except for Partners and hiring which might be restricted to referrals and grooming home grown talent. Despite these measures there is still scope for a slip up as was evidenced by Diljeet Titus. In 2005 a Nigerian law associate and three other employees of Titus got away with data from the firm’s computers. Titus filed a suit against and eventually won but the firm later decided against prosecuting these associates.
The article also tracks the rise of rise of IP filings in India, with figures doubling in the last few years.

Showing that the leading IPR lawyers at these firms are not just all about the law, the article also has a few rarely seen insights in the non working life of these mavericks. For example, did you know that Pravin Anand, Managing Partner at Anand and Anand created an IP board game or that Dev Robinson, IPR Partner at AMSS is a keen photographer?
The article also showcases ten prominent IPR cases in recent times apart from tracking the growth of IPR in India and showcasing IPR laws that are in the works.

Conclusion:-
In India Intellectual Property will no longer be seen as distinct or self contained domain, but rather as an important and effective policy instrument that would be relevant to a wider range of socio – economic, technological and political concerns. Moreover, as technological advancements have become a requirement for sustained growth in the future, a new emphasis is emerging on research and development. It is for this reason that intellectual property and its protection have gained greater importance. Intellectual Property has now been recognized as an important tool for technical, industrial and economic development. As globalization deepens further, it also increasingly encompasses the sharing, utilization and enjoyment of IP products like inventions, designs, books, etc. India is fast developing into a technology producing country, particularly in biotechnology, information technology and pharmaceuticals sector.

Legalization of Lobbying in India :

The current 2G spectrum issues has raised a Debate that whether Lobbying should be legalized in India or not?

Influence Inc. Is a billion dollar global industry, and India unlike US, where lobbying is a mandatory practice between Govt. And giant Corporations, its spreading its wings wrapped under the cover of ‘Public Relations’

Whether; “Public Opinion “on Policy making is not an ignored part in Indian Constitution. The Fundamental Rights of citizen gives access for making opinion on National Policy. But the corrupt practice is tagging Lobbying as a White Collar Crime.

Whereas; Lobbying is not a new phenomenon in India nor is it restricted to a handful of businesses but if the Niira Radia tapes are to be believed lobbying in India has become so insidious that it’s no longer an attempt to simply influence policy, it may even work towards determining ministerial positions. In short, lobbying has become very serious business here and all business needs a set of rules. So, The Firm raises the question: Should India, One tack that India could take to diminish corruption is to legalize lobbying, which currently appears to exist in a rather ambiguous area of the law. In the U.S., lobbying, which aims to affect government policy, is perfectly legal and reduces corruption.



Lobbying hasn’t been portrayed in the best of lights recently with the tapes of conversations conducted by lobbyist Niira Radia. But making lobbying above board, recognized and transparent in India would make corruption less necessary, and therefore automatically reduce it.



Would we gain by substituting lobbying for corruption? It is certainly less distorting and does not give privilege to cronies to the same extent. Outcomes accordingly are seen as fairer, which is a social good.



In India, there’s social acceptance of corruption, so there’s no real shame or social stigma attached to being involved, either at the giving or receiving end. Replacing it with lobbying should serve to stigmatize it, as it has in Western countries, and will reduce the inefficiency, arbitrariness, and waste that results when corruption serves as a second-best tool to achieve economically beneficial ends. consider legalising lobbying?