Sunday, October 3, 2010
Wednesday, September 29, 2010
Tuesday, September 28, 2010
WIPO Lex, a new online global IP resource providing up-to-date information on national IP laws and treaties.
Image via WikipediaThe World Intellectual Property Organization (WIPO) announced the launch of WIPO Lex, a new online global IP resource providing up-to-date information on national IP laws and treaties.WIPO Lex launched on September 20th with the complete IP legal texts for over 60 countries and substantial coverage for 100 other legal systems. In some cases, the site will provide an online platform for obtaining IP legislation for countries that currently lack their own database. WIPO's collection of patent laws and treaties for the United States can be found here. WIPO noted that the new site satisfied one of the Organization's strategic goals, namely to serve as a world reference source for IP information and analysis.
Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
Monday, September 27, 2010
Sunday, September 26, 2010
Thursday, September 23, 2010
USPTO Launches Ways to Incentivize Humanitarian Technologies
New initiative encourages businesses to develop and disseminate
technologies that address humanitarian needs
technologies that address humanitarian needs
Washington – Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) David Kappos announced today that the USPTO is seeking public comments on proposals to incentivize the creation and wider distribution of technologies that address humanitarian needs. Under a proposed pilot program, patent holders who make their technology available for humanitarian purposes would be eligible for a voucher entitling them to an accelerated re-examination of a patent.
Among the technologies which address humanitarian needs that would be eligible for the program are treatments for tropical diseases, diagnostic medical tools, crops with higher yields or better nutritional value, and treatments for sanitation or clean water. Participants could qualify for the proposed pilot in two ways: by making their patented technologies available to impoverished populations for humanitarian use, or by making their patented technologies available to researchers who are developing technologies that address humanitarian needs.
Under the proposed pilot program, patent holders who disseminate their patented technologies for humanitarian purposes would qualify for a fast-track ex parte re-examination voucher. Because patents under re-examination are often among the most commercially valuable patents, fast-track re-examination of a patent allows a patent owner to affirm the validity of his or her patent more quickly and less expensively. This voucher could then be used on any patent owned by the patent holder or transferred on the open market.
“A voucher for fast-track re-examination of a patent is a valuable incentive for entities to distribute humanitarian technologies through licensing or other means,” Kappos said. “Our hope is that this new program will incentivize innovators to develop technologies that will benefit those in need.”
The program seeks to increase the diffusion of technologies that address humanitarian needs through market forces. Existing technologies often do not reach impoverished populations. The humanitarian fast-track voucher provides patent holders with a significant incentive to distribute their technology more widely to such groups. It also creates an incentive to provide patented technologies for humanitarian research, which in turn may spur the development of new technologies to address humanitarian needs.
The USPTO seeks cooperation with industry, government, the humanitarian aid community, academic researchers, and the public to create a successful program. This is the first step in a broader effort to develop business-friendly strategies that encourage inventions to address humanitarian needs.
Further information about the proposed fast-track ex parte re-examination voucher pilot program can be found in the Federal Register notice at: http://edocket.access.gpo.gov/2010/pdf/2010-23395.pdf
Wednesday, September 1, 2010
Commercialization of IP In Indian Universities
Image via WikipediaIndia govt. spends crores of Rupees on research funding each year and the government has been increasingly focused on how best to commercialize the results. While there are several possible approaches to doing this, the government and some universities have been focused on building patent and IP portfolios as part of a conventional commercialization strategy. The alternative could be an open access approach - encourage (or require) much of the intellectual property to be made broadly available under open licences so that multiple organizations could add value and find ways to commercialize. The universities might generate less income but would better justify the public investment in research by providing the engine for larger economic benefits.
Which approach is better? The full commercialization approach has been tried in the U.S. with legislation known as Bayh-Dole and studies (here and here) have found that patents to universities have increased, but the increase has beenaccompanied by harm to the public domain of science and relatively small gains in income.
The Indian govt. similarly places its faith in commercialization through IP Chair, portfolios and licencing, but the results are not very encouraging. While few would suggest that there is no value in the IP commercialization strategy for universities - there is surely a role for it - the emphasis on this approach as the optimal method of benefiting from crores in public funding for research has consistently failed. Rather, an effective commercialization strategy might recognize that the commercialization is better suited outside the university with funded research the engine for new innovation that is openly available to entrepreneurs without licencing barriers. The public pays for the basic research and might ultimately enjoy far more benefits than the current break-even approach by having more open access to research results.
Which approach is better? The full commercialization approach has been tried in the U.S. with legislation known as Bayh-Dole and studies (here and here) have found that patents to universities have increased, but the increase has beenaccompanied by harm to the public domain of science and relatively small gains in income.
The Indian govt. similarly places its faith in commercialization through IP Chair, portfolios and licencing, but the results are not very encouraging. While few would suggest that there is no value in the IP commercialization strategy for universities - there is surely a role for it - the emphasis on this approach as the optimal method of benefiting from crores in public funding for research has consistently failed. Rather, an effective commercialization strategy might recognize that the commercialization is better suited outside the university with funded research the engine for new innovation that is openly available to entrepreneurs without licencing barriers. The public pays for the basic research and might ultimately enjoy far more benefits than the current break-even approach by having more open access to research results.
Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
Thursday, August 5, 2010
Thursday, July 15, 2010
Monday, July 12, 2010
2010 The Indian Law Institute (ILI) Admission to Online Courses in Cyber Laws and Intellectual Property Rights and Information Technology
Name of Institute / University
The Indian Law Institute
Courses Offered
Applications are invited for admission to the following online certificate courses:-
1. Cyber Laws (This course will cover the fundamentals of Cyber Law and Cyber World, Regulatory Framework, Cyber Crimes and E- Commerce)
2. Intellectual Property Rights and Information Technology in the Internet Age (This course covers the basic laws of Patents, Copyright, Trademarks and Management in IPRs)
Duration: 3 (Three) Months Commencing from 16th August, 2010
Eligibility
Anyone who is pursuing / has pursued diploma or degree after 10+2 and has access to Computer and Internet can apply.
How To Apply
Fee : Rs. 4,000/- (Four Thousand only) ;
100 US$ (for foreign students)
100 US$ (for foreign students)
Application Form can be downloaded from the ILI's website. For further details see the website of the Institute http://www.ilidelhi.org
Contact Details
Address: Bhagwndas Road, New Delhi – 110 001
Tel: 011 – 23073295, 23389849
Website: www.ilidelhi.org
Email: e_ipr@ilidelhi.org
Tel: 011 – 23073295, 23389849
Website: www.ilidelhi.org
Email: e_ipr@ilidelhi.org
Last date for receipt of form
10 August 2010
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281
Friday, July 9, 2010
Federal Court of Appeal Rules ISPs Not Broadcasters
The Federal Court of Appeal in Canada held that Internet service providers can not be considered broadcasters within the context of the Broadcasting Act of Canada. The case on the point is the outcome of last year's CRTC New Media decision. In the said decision many cultural groups called by the Commission to establish an ISP levy to fund Canadian content. The ISPs argued that such a levy was illegal since they fell under the Telecommunications Act, not the Broadcasting Act. The cultural groups argued that ISPs should be considered broadcasters in the case of the transmission of video programs. The CRTC punted the issue to the Federal Court of Appeal.
The Federal Court of Appeal sided with the ISPs, ruling that providing access to broadcasting is not the same as broadcasting. So long as ISPs maintain a content-neutral approach, they fall outside of the Broadcasting Act and should not be expected to play a role in promoting the policies found in the legislation. The case is a huge win for the ISPs and - subject to an appeal to the Supreme Court of Canada or a legislative change - puts an end to the ISP levy proposal. The case is also noteworthy from a net neutrality perspective, since the court emphasized that ISPs fall outside the Broadcasting Act so long as they remain content-neutral.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281
Thursday, July 8, 2010
Copyright in cyberspace
Image via WikipediaProtection of copyright in cyberspace is a great challenge before the law enforcement agencies.Due to fast growth of internet and file sharing sharing by the internet users on different networking sites it is a great challenge to stop copyright violations. Software industry and music companies are loosing Billion Dollars every year due to software piracy and music piracy.Bollywood the indian film industry loosing billion Dollars every year due to music piracy in the western world and gulf countries and also in some parts of Asea and in India.We have to find out proper laws as well as technology which can properly not only control but also stop these piracies.
Amendment in Trade Mark Law in India
India has introduced amendments to the Indian Trade Mark Rules, effective from May 20, 2010.
The amendments are as follows:
1. Class 42 has been amended to include the following services:
- Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
2. The following additional classes related to services have been included:
- Class 43: Services for providing food and drink; temporary accommodation
- Class 44: Medical services, veterinary services; hygienic and beauty care for human beings or animals; agriculture; horticulture and forestry services.
- Class 45: Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
India has a different category of trademark applications than that in common international usage (Madrid, Nice and Paris protocols) and as such specific Indian knowledge needs to be obtained when dealing with marks in India.
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281
Wednesday, July 7, 2010
CMCC Speaks Out Against C-32 Digital Lock Provisions
| The Canadian Music Creators Coalition, which features some of Canada's best known musicians, has criticized Bill C-32, noting how digital locks trump new consumer rights found in the bill. |
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281
Tuesday, July 6, 2010
ICC and INTA Oppose De Minimis Provision in ACTA
The International Trademark Association (INTA) and International Chamber of Commerce have issued a notice on ACTA urging countries to drop the de minimis provision that is designed to allay fears of iPod searching border guards. The two associations argue that the exception "sends the wrong message to consumers."
For Further details click here
--Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281
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