Soon IP Law in Bagladesh

Policy to protect country’s intellectual properties soon Currently there is no law in the country to protect various local intellectual properties. So the Bangladesh government is planning to introduce an intellectual property policy to protect the country’s intellectual properties and encourage people to build a knowledge-based society.To protect innovations and other merit-based works as well as to encourage others in such works. The government has drafted a new law relating to ‘geographical indications’, under which, the country’s unique things like Hilsha, Neem, Jute and cultural assets etc will be patented. Mr. Barua chaired the sessions in the two-day meeting as the chairman of the 49 least developed countries (LDCs) in a High Level Forum on the Strategic Use of Intellectual Property for Prosperity and Development’, held in Geneva on July 23-24. Some 78 representatives from 33 countries attended the meeting and announced a joint declaration.. The Bangladsh has requested the WIPO for promoting public private partnership (PPP) to ensure development-friendly intellectual property utilisation in the LDCs. This really a great step taken by the Banladesh Govt in particular and LDC in genral which will further boost the fast development in IPR .

Linking of News and Copyright Law in India

Due to the google case ( Rescuecom Corp., Plaintiff-Appellant, v. Google Inc., Defendant-Appellee April 3, 2009) there has been significant debate regarding whether news stories are protected by copyright law. The Associated Press of USA has taken action to prevent bloggers and other news site from using their stories. Specifically they have taken legal action against All Headlines News for using AP stories without their permission and they have implemented a new system to track digital articles. In addition, a federal judge in USA , proposed a ban on websites accessing or linking or paraphrasing a news article without the site’s consent. Now the question is whether it is possible to copyright a news story It is a general rule that ideas, factual information or news stories are not copyrightable. Only the original creations of the mind for e.g literary, dramatic or musical works etc are copyrightable. Stories that report facts and information are not creations of the mind and lack originality. As a result, the copyright laws have never extended to news stories. India’s Copyright Act 1957, Section 52 ,under the Fair Use provisions, “the copying of something for research or academic purpose or reproduction a criticism, comment, news reporting, teaching, scholarship.” So when a blogger or website, paraphrases, quotes or does surface linking back to a news item, without obtaining the consent of the news source, currently, it is not a violation of copyright law. How to properly cite the copyrighted material The law is stricter when it comes to copyrighted material. A blogger or website can directly quote, paraphrase or do surface linking back to copyrighted material if: a. The site or blogger have taken the prior permission from the copyright owner during the posting the copyrighted material. b. If the copyrighted work is licensed under a creative common license, then the blogger or author is free to share, copy, and distribute the work if the blogger attributes the work to the copyright owner and does not use the work for financial gains or commercial purposes. c. Simply acknowledging the source of the copyrighted material is not a substitute for obtaining the copyright owner’s permission. (Taking Note by the Bloggers) Copyright infringement is now very easy and has become very common on the internet and copyrighted works are required to be protected. But re-posting news stories that are simply a reiteration of facts is not copyrightable material and should be reproduced and shared for the public benefit. If the copyright protection will be extended to news, it will restrict the free sharing of information. That will frustrate one of the basic object of the copyright and will be an antithesis to the doctrine of fair use.

Rescuecom Corp. v. Google, Inc., No. 06-4881 Appeal by Plaintiff Rescuecom Corp. from a judgment of the United States District Court 13 for the Northern District of New York (Mordue, Chief Judge) dismissing its action against 14 Google, Inc., under Rule 12(b)(6) for failure to state a claim upon which relief may be granted. 15 Rescuecom’s Complaint alleges that Google is liable under §§ 32 and 43 of the Lanham Act, 15 16 U.S.C. §§ 1114 & 1125, for infringement, false designation of origin, and dilution of 17 Rescuecom’s eponymous trademark This case is about deceptive similarity due to linking by a search engine called google. In an action by the plaintiff as per the Lanham Act, for trademark infringement,trademark dilution, false designation of origin, district court's dismissal for failure to state a claim is vacated and remanded. In this case plaintiff's allegations was that the Google recommended and sold some trade marks which was deceptively similar to the plaintiffs mark. The dfendants advertisers triggers the appearance of plaintiff's advertisements and links in a manner likely to cause consumer confusion when a Google user launches a search of plaintiff's trademark.This is the commercial use of the mark and a fit case under the Lanham Act. Read Rescuecom Corp. v. Google, Inc., No. 06-4881 Appellate InformationAppeal from the United States District Court for the Northern District of New York. Argued: April 3, 2008 Decided: April 3, 3009, Errata Opinion: July 28, 2009

WIPO has launched aRDi, to coordinate all the stake holders for developmnet of IPR .

WIPO has launched a new public-private partnership – Access to Research for Development and Innovation (aRDi): A futuristic approach to IPR. Now the least developed countries affirmed their commitment to integrate IP in their national development strategies to guard both artistic and commercial intellectual properties. While all countries have different levels of research and development expenditures, they all welcomed the assistance of the WIPO in the pursuit of developing viable and strong IP infrastructures to benefit their societies and to encourage innovation We are in an era where most of the peoples are trying to steal, an artist, a musician nor an inventor will share their ideas for fear that an ethical standard is missing when it comes to stealing. In an alternate situation, the three might be safe to discuss their creations knowing that the ethical standard will not be challenged. All three, acting in their own best interest, would agree that in the quest of producing original work, protection of intellectual property is one of the solitary means they have when thinking over whether or not there is an economic incentive to develop their idea and to share it with the public, while retaining the right to control reproduction or adaptation. Now the protection depends on policy decisions and developing intellectual property infrastructures. The informed inventor is more than likely worried about his industrial property rights and deciding on the merits of the invention to determine whether or not to pursue a trademark or patent. Several least developed world countries are actively collaborating with the World Intellectual Property Organization (WIPO) in order to secure the interests of one of their most valuable assets: their originators. Products and services have brought prosperity to many innovators around the world who can develop their idea in a conducive environment. I believe that intellectual property is a key element in reducing the knowledge gap and the digital divide. WIPO is doing a great job by working closely with developing and least developed countries to facilitate their integration into the global knowledge economy to help them realize their creative potential. In the ongoing century Knowledge has become a base for economic development in many countries around the world. Foreign ministers from least developed countries, senior government officials and heads of regional intellectual property organizations adopted a ministerial declaration that urged the WIPO to increase capacity-building assistance and support least developed countries in becoming more viably competitive. In order to increase access to the knowledge contained in scientific and technical literature, the WIPO has launched a new public-private partnership – Access to Research for Development and Innovation (aRDi). Research institutes, universities, and industrial property offices in least developed countries will benefit from free access, while industrial property offices in certain developing countries will benefit from low cost access, to this literature. Most of the countries at the forum ( aRDi) are concerned about the knowledge gap and digital divide and its negative consequences in their own countries. Ethiopia, firmly sees the stark reality of the division of the world along the lines of technological capability. Mali, may want to breathe life into the talent pool of inventors in Mali who show significant talented, however the reality of the situation is that there are significant stumbling blocks in implementing those inventions without a strong IP infrastructure. Nepal is defending the traditional realm by presenting the importance of measures to protect traditional expressions of culture and knowledge. In developing national development policies, are acknowledged that “strategic use of intellectual property is critical,” while questioning the readiness of least developed countries in taking full advantage of IP. Tanzania has provided a positive progress report depicting a more prosperous outlook where newly established comprehensive copyright laws have generated opportunities for the growing entertainment industry. Strengthening IP has resulted in more prosperity measured by the industry’s positive contribution to the country’s gross domestic product. Still, Tanzania faces industrial property challenges in the sphere of science and technology. Maldives aims to graduate from least developed country status in December 2010 and simultaneously be in full compliance with international IP obligations. Some prominent science and technology publishers are partnering with WIPO in the aRDi program. For e.g. the American Institute of Physics, National Academy of Sciences, , Springer Science + Business Media, World Health Organization, and the UN Environment Programme. Oxford University Press etc. This is a very nice step taken by the WIPO to integrate all the stake holders for the protection and development of the Intellectual Properties. The seriousness shown by most of the least developed and developing countries and at the same time the kind of support provided by the developed countries will definitely give a new direction to the growth of IPR in coming future.

IPR week in China

In fact, China is lagging behind in software development due to IPR. It's not about English-language skills, it's not about technical capabilities (in hard skills sans apps integration, China can easily match India; only in soft skills like project management does India do better). For software developmnte sector, there is an adequate supply of English-capable engineers. What about cost issues? . It may not be as cheap in Beijing, Shanghai or Shenzhen as some American firms would like, but it's still cheap compared to numerous global alternatives, and let's not forget that BJ, SH and SZ are not the only options in China. So it's not about English or technical skills, or costs. It's really about IPR.IPR: A Real Concern in China; "IPR Week": IPR is recognized as the greatest bottleneck to innovation in China. To some (re: many Americans), China makes a good living by copying others. Now china's tech policy community think that up to what extent it can go on copying, china have to invent its own technology. China also knows that if it wants to attract FDI in high tech sectors, they have to prioritise the IPR issues, although foreign concerns are not the driving force behind advancements in IPR protection. So what's the driving force? Answer: Protection of domestic innovation, i.e., innovations by Chinese companies within China's borders. "IPR Week," on the other hand, is much more for show to Westerners. It was a report on a conference session held in Beijing that featured five companies from south China. Their topic: How Western firms abuse IP laws to keep Chinese companies off their domestic turf!! Bottom line: According to the Chinese, foreign companies and countries bully Chinese companies by taking advantage of their domestic court systems, challenging Chinese firms with Section 337 actions.Ok, this may be one way of looking at the world.One problem with IPR protection in China is a lack of awairness regarding IPR basics. Often Chinese firms are not able to recognise what is legal, what is illegal. For example (as this is good one), many Chinese companies really don't know that they can't use existing technologies still under patent protection to create a newer technology without paying royalties to the patent holders of the existing/core technologies. This absolutely stuns the Chinese. However, the biggest impediment to IPR protection has nothing at all to do with the WTO, WIPO, or the legal systems in China or the USA. Fact is, the greatest challenge to Intellectual Property protection in China is culture. The common consensus among mainlanders is that it will take few generations for Chinese to fully appreciate IPR. If a company want to enter the China market? Good for it. Yes it can do it without using Chinese service providers? It'is in for a big surprise. Sure,it can service MNCs in China without too much interference from some entity of the Chinese government. But if it has grander visions of broader market penetration, it might already know that there are unwritten rules to playing in the China market. Some American firms believe that they can best control their IP developed in China by running a captive operation. Probably true, although not likely the best way to start. ODCs - offshore development centers - are a better way to go. This is where the Jack Bauer analogy comes to mind. Security, security, security. Physical and data. Don't take any unnecessary chances. Chinese companies tend to rely on Rent-a-Cop guards and easily crackable access card. Sorry, but this isn't enough.Physical and data security is best ensured through a combination of CCTV video surveillance, biometric access control and verification systems, intrusion detection, perimeter protection, keyloggers, no removable media, restricted Internet access, document destruction, randomized polygraph testing, counter-eavesdropping and zero-day exploit shields. Sounds like something out of Ft. Meade? Perhaps. But most of these measures are a lot easier to implement than they may sound. The condition in India is also not much beter than China, but it is improving day by day. Because the recent data of NASSCOM and BSA reflects that the software piracy in India is fast reducing.

The Intellectual Property Rights are Private Rights

The intellectual property rights are private rights and the right holder can assign, license, transfer or sell the rights to others depending upon his commercial and other interests. During 2004-05 to 2008-09, Council of Scientific and Industrial Research (CSIR) has assigned / licensed 11 patents to United States (US) based companies. The information in respect of Indian Institute of Science, Bangalore and the Indian Institutes of Technology is being compiled. This information was given by Shri Jyotiraditya M Scindia, Minister of State for Commerce & Industry, in a written reply in the Rajya Sabha today

South Korea going to open its legal service market in phases from September 2009

South Korea is planning to open its legal services market in phases from September, with the full-fledged opening scheduled for 2016.Domestic law firms face fiercer competition from foreign law firms that are superior to domestic players in manpower, experience and international connections. Lawyer Kim Byoung-jai, who represents one of the Korea's leading law firms, Lee & Ko, shrugs it off. ``No matter who will come, we are ready to beat them all,'' Kim said in an interview with a Korean News Paper. ``We have prepared for the expected upheaval for years so that we will not face any problem even if other countries law firms make entry into the Korean market in the coming days.'' His confidence is justified because the firm never fallen behind foreign competitors overall. Lee & Ko has shown exceptional performances in four major branches of law practice: corporate management; banking, financing and securities; litigation and international arbitration; and intellectual property. It employs more than 800 staffers including 246 lawyers, 56 patent attorneys, and dozens of experts in the fields of labor, tax, and customs. ``I believe only those competitive in the four segments as a whole will survive in the future,'' he said. ``Unsuccessful firms will either be degenerated into boutique law firms or merged by a competitor.'' A boutique law firm is a collection of attorneys typically organized in a limited liability partnership or professional corporation specializing in a niche area of law practice. ``We are ready to provide the best, tailor-made solutions, no matter what our client's problems are,'' Kim said. ``I believe only those competitive in the four segments as a whole will survive in the future,'' he said. ``Unsuccessful firms will either be degenerated into boutique law firms or merged by a competitor.'' For instance, in the late 1990s when the Korea saw its foreign exchange reserve dry up, one of the pre-conditions set by the International Monetary Fund (IMF) for emergency aid funds was the sale of a leading domestic bank to overseas investors. At that time, the government had neither sufficient knowledge nor experience in pushing ahead with such a big deal. It looked for a reliable Korean law firm and Lee & Ko was designated to handle the M& A deal.``A cautious approach was necessary in proceeding with the deal since it was one of the key agendas deciding the Korea's destiny,'' he recalled. Since then, Lee & Ko has played a key role in handling a slew of large-scale M& A deals involving Hanwha, LG and other major conglomerates there. A series of tough experiences in the past paid off in recent years, he said. The Legal 500, a renowned international legal journal, chose Lee & Ko in the 2008/2009 edition as one of the leading law firms in South Korea in the 13 areas of legal practice including M& A, banking and finance, and intellectual property. With internationally acknowledged capacity, the firm is working on widening its business scope to central Asian countries including Kazakhstan, Kyrgyzstan and Mongolia as well as Vietnam, India and the Philippines.

Master of Intellectual Property Law Programme by IGNOU

IGNOU, have started Master Programme in Intellectual Property Law(MIPL). This is a new specialist Master degree in Intellectual Property Law which has been developed by IGNOU in collaboration with leading Australian universities - Queensland University of Technology (QUT). Now there is good opportunity for working peoples to join a master programme in IPL. In future we require lot of qualified peoples in the area of IPR. The step taken by IGNOU is appreciated.