Thursday, December 31, 2009

NLSIU invites abstracts for conference 'Internet Intermediary Liability in India'

The Law and Technology Committee of the Student Bar Association of the National Law School of India University has invited abstracts for proposed papers that are to be presented at its annual law & tech conference – Consilience - 2010.

Consilience is an annual conference organised by the Law and Technology Committee of the Student Bar Association, at the National Law School of India University, Bangalore, India. It is devoted to the field of technology law and has sought to inspire academic debates and tackle contentious issues of contemporary relevance. Past editions of the conference have brought together luminaries like Mr. Montek Singh Ahluwalia (Deputy Chairman, Planning Commission), Mr. R. Ramraj (MD and CEO, Sify Technologies Ltd.,), Mr. Richard Stallman (Founder – GNU Project), Hon'ble Justice Yatindra Singh (Allahabad High Court, India), Mr. Rahul Matthan (Partner, Trilegal ) and have discussed issues relating to "Legal Aspects of Business Process Outsourcing", "Biotechnology and the Law" and "Free and Open Source Software". 

 

This year, the Law and Technology Committee in association with the Centre for Internet and Society would be organizing Consilience-2010 with the topic for discussion as "Internet Intermediary Liability in India". This year's edition of Consilience seeks to not only bring leading academicians to debate upon the topic of contention but also looks to increase and encourage student participation.

 

In this regard, we invite abstracts related to the topic tracks of discussion as enumerated in the concept note. The abstracts must be roughly 500 words and should clearly identify the issue they are dealing with, and the argument that they seek to put forward and should strictly conform to the guidelines below. The abstracts must be footnoted and the conference follows a very strict policy on plagiarism and runs all submissions through plagiarism detection software. Selected abstracts will be notified on January 25th and the authors are required to submit a final paper by March 5th. Authors are required to note that the organizers reserve the right to reject the final paper even after acceptance of the abstract if it is felt that the final paper is unsuitable to be presented, being off topic, too different from the abstract, containing plagiarized material, of low quality or any other such reason.

For details log on to www.consilience.in


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

[Technolex] New Year 2010, Greetings

My best wishes for you!

Oh my Dear, Forget ur Fear,
Let all ur Dreams be Clear,
Never put Tear, Please Hear,
I want to tell some thing in ur Ear
Beauty..
Freshness..
Dreams..
Truth..
Imagination..
Feeling..
Faith..
Trust..
This is beginning of a new year!
Like birds, let us, leave behind what we don't need to carry…
GRUDGES, SADNESS, PAIN, FEAR and REGRETS
Life is beautiful, Enjoy it.

Wishing u a very "Happy NEW YEAR"!

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

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Wednesday, December 30, 2009

Whether it is difficult to live in peace?


The idea of peace is something that is so close to our hearts that we want even the sound of it. It is almost like pronouncing the letters of the word alone has some magical power to captivate audiences and steer our attention away from the terrible reality of widespread hatred and violence. Forgetting that for a moment and imagining living in a state of tranquility just the way you would like to with nobody forcing us. But the current events seem endlessly full of atrocities toward mankind. This is not new however and as long as there is man and his ego there will be war and hatred.


Why the peace is so important to humanity? Where does this deep drive come from?
This is hopefully due to the fact that humanity needs freedom. Every human being suffers when it is oppressed and beat down made to do what someone else dictates to them. Dictatorships supporting totalitarian views with major control issues seem to always be in power everywhere you look for all eternity.

 

The freedom teaches us a profound lesson in life. Each of us seeks to be free in one way or another. This does not mean that rules are bad or harm us. To the contrary. We all have some kind of major identity problem struggling to keep ourselves satisfied. We struggle to live up to our own expectations and almost always we let ourselves down to some degree. If we gave ourselves the time to figure out what we really wanted and what is truly important to us in life. If we were able to look back at our accomplishments after all was said and done and recognize those that truly mattered most and made a difference. The world would be free. We would be free. Free from our own insufficiencies. Free from the manmade pitfalls we set ourselves up for in life on a regular basis. We would be at real peace. But unfortunately the idea of resting in peace is only expected after death. I say no! we must not rest in peace we must live in peace.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Very soon you will get, for just Rs. 15,000, A super laptop from India.

There is a good news for us that very soon we will be able to get a very cheap super lapto . The laptop, will have an e-book reader, phone and media player all rolled into one. We can draw on its fingerprint resistant touch screen, take quick notes, or click photos with its 3 MegaPixel camera. It's got a 32 GB flash drive, expandable memory, GPS and Wi-Fi. All this for close to Rs 15,000. It's a tablet PC that might just put Apple on the backfoot. And it's been developed by Rajat Sahni, Sachin Ralhan, Devanshu Agrawal, Mohit Gupta, Rohit Rathi and Rohan Shravan. Six Indian IITians and an MBA. After getting rave reviews on several technology blogs, the seven are now busy preparing to launch their dream product in Las Vegas next month.

Source: Jaimon Joseph, http://ibnlive.in.com/blogs/author/326/jaimonjoseph.html#


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Tuesday, December 29, 2009

Why Global Peace Movements are total failure?

A peace movement is a social movement that seeks to achieve ideals such as the ending of a particular war (or all wars), minimize inter-human violence in a particular place or type of situation, often linked to the goal of achieving world peace. Means to achieve these ends usually include advocacy of pacifism, non-violent resistance, diplomacy, boycotts, moral purchasing, supporting anti-war political candidates, demonstrations, and National political lobbying groups to create legislation. The political cooperative is an example of an organization that seeks to merge all peace movement organizations and green organizations which may have some diverse goals, but all of whom have the common goal of peace and humane sustainability.[i]

The first World Peace Conference, organized in London in 1843, marked a turning point in the way the advocates of peace were able to organize themselves and from around 1870 onwards the original Christian stance was supplemented with a quest for more fundamental human values. These were eventually to be collected under the heading Human Rights as formulated in the Universal Declaration of Human Rights accepted by the United Nations 10 January 1948.

1899 (First Hague Peace Conference)-1919 (Versailles Peace Treaty)

The 1899 Hague Peace Conference (see also the chapter on the Peace Palace) proved to be a turning point in international relations. A resolution to establish the Permanent Court of Arbitration in The Hague and, in the wake of this decision, to build a 'Temple of Peace' to accommodate this institution changed the face of pacifism for good.

In the years up to and including the First World War there was a particular emphasis on the development of legislation that could be used to settle or prevent armed conflicts. This resulted in the establishment of bodies such as the International Court of Arbitration (the predecessor of the PCA), the Permanent Court of International Justice (after 1945: the International Court of Justice) and the League of Nations (predecessor of the UN). Three major figures in these years were William Stead, Bertha von Suttner and Alfred Hermann Fried. The Peace Palace Library has several letters from Fried to Von Suttner in its collection.[ii]

Commonly regarded to be among history's greatest scientific minds, Linus Pauling will also forever be known as a courageous champion of peace and civil liberties. Alarmed by the use of atomic weapons at the end of World War II, Linus and Ava Helen Pauling spent countless hours over the next five decades speaking out against the dangers of nuclear fallout, weapons proliferation and the cultural effects of Cold War hysteria. Their efforts earned the Paulings both acclaim and enmity, though not often in equal measure. To some, the legacy of the Paulings' peace work remains controversial, but few will deny the duo's wide-ranging historical importance. Incorporating over 500 scanned documents, photographs, audio clips and video excerpts, this web resource features a number of rare and important items, most of which are held within Oregon State University Libraries' Ava Helen and Linus Pauling Papers.[iii]

Also known as the Peace Movement, the Day of Silence for Peace follows the tradition of rallies that use silence to be noticed. Participants wear a piece of white cloth across their mouths with Peace written on it to symbolize their unity and readiness to change their world. It means they are tired of the status quo, and are willing to challenge it. It hopes to achieve unity and a sense of empowerment for its participants - including the knowledge that they can have an impact without traveling to the far reaches of the earth. The first Day of Silence for Peace took place on October 23, 2007.[iv]

Even after so many years of starting of the first World Peace Conference, organized in London in 1843 the international peace movements till today are not fully materialized its objectives. We are still unable to achieve the target of total peace and tranquility. This is a matter of great concern and world religious, social, political and economics leaders  must take proactive steps to find out the actual causes which playing as a hindrance in achieving the objectives of world peace and to provide viable solutions. I have lot of reservations on the various peace movements and processes and laws governing the international peace and security that I will be go on writing in my subsequent Blogs.

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Monday, December 28, 2009

New Commercial Courts Bill to bring about radical reform in the adjudication has been sent to Select Committee


A Bill providing for speedy disposal of commercial cases by commercial divisions of High Courts in the country has been sent to the Select Committee of Parliament because Rajya Sabha members wanted a thorough discussion on it.

 

Under the new law, the commercial divisions of the High Courts were proposed to take up cases worth Rs 5 crore and above and follow a fast track procedure for the disposal of such cases.

Judges with aptitude in accountancy and commercial matters were proposed to be allocated to this division in various High Courts.

 

In its recently concluded Winter Session, the lower house of Parliament, the Lok Sabha, passed 'The Commercial Division of High Courts Bill', 2009. The Bill which is based on the recommendations of the 188th Report of the Law Commission of India aims at the adjudication of big ticket commercial disputes, Rs. 5 crores or above, within a timespan of one year.

 

The Statement of objects and reasons of the bill provides that due to phenomenal changes that have taken place in India in the last decade leading to enormous growth in our commercial and industrial sectors. The policies of the Government have changed radically from 1991, the year in which our economy was opened up to foreign investment in a big way. Privatization, liberalization and globalization have resulted in a big boost to our economy. At the same time, world has become very much competitive. With such rapid increase in our commerce and trade, commercial disputes involving high stakes are increasing. Unless, there is a new and effective mechanism for resolving them speedily and effectively, progress will be retarded. Against the aforementioned background, the Law Commission of India in its 188th Report on "Proposals for Constitution of Hi-Tech Fast Track Commercial Division in High Courts" has recommended the constitution of Commercial Division in each High Court. The Law Commission had examined the feasibility of 'Commercial Division' in the High Courts in India on the model of the Commercial Division in the High Courts of UK, USA and certain other countries. The Law Commission recommended the creation of 'Commercial Division' with High- Tech facilities in each High Court so that they may handle 'commercial cases' of high threshold value on fast track basis.

 

At the Joint Conference of Chief Ministers of the States and Chief Justices of the High Courts held on 16th August, 2009 in New Delhi, the 188th Report of the Law Commission of India on constitution of Commercial Division in High Courts was considered and a decision was taken in the said meeting to the effect that Commercial Division be constituted by the High Courts within itself as and when legislation in this regard is enacted by the Parliament.

 

Constitution of commercial division within a High Court will have many advantages. As of now, pecuniary jurisdiction of Civil Courts for trying civil disputes including  commercial disputes differs from State to State. In some States, District Courts are having unlimited pecuniary jurisdiction and in some other States, original jurisdiction of higher pecuniary value is vested with the High Court. States where District Courts are having unlimited pecuniary jurisdiction, the orders, judgments or decrees passed by these District Courts are appealable before the High Court. However, upon setting up of Commercial Division in High Courts, all the commercial disputes of high threshold value (Rs.five crore or higher value as may be specified) will be filed in the High Court and would be dealt with by the Commercial Division. It would speed up the disposal of these cases as District Courts would have no jurisdiction in such cases. Commercial Division of High Court would be Court of original jurisdiction for such cases.


 The specified value which is the minimum threshold limit can be enhanced by the Central Government in consultation with the concerned High Court and the State Government by notification and different values can be specified for different High Courts. The Commercial Division shall follow Fast Track procedure for the disposal of cases. The said procedure is prescribed in the Bill itself. Power of execution of decree and orders passed by the Commercial Division are also proposed to be vested in the Commercial Division. Fast Track procedure would definitely curtail the time taken in disposal of such cases.

 

The Commercial Division shall, within thirty days of the conclusion of argument, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise. A single judge sitting in the Commercial Division may hold one or more case management conferences; fix a time schedule for finalisation of issues, cross-examination of witnesses, filing of written submission and for oral submission; provide for record of evidence in cross-examination and re-examination; appoint commissioner for recording of cross-examination or re-examination provided any order for the purpose of fixing limits which may lead to the disposal of the matter for default or ex parte, shall be passed by a Bench of two Judges.

 

As of now, applications for setting aside of arbitration awards under section 34 and execution of arbitral award under section 36 of the Arbitration and Conciliation Act, 1996

have to be filed in the 'Court' as defined in clause (e) of sub-section (1) of the said Act. Such court is the Principal Civil Court of original jurisdiction in a District. District Court is normally a principle civil court of original jurisdiction. Similarly appeal under section 37 of the said Act against granting or refusing to grant any measure under section 9; and setting aside or refusing to set aside an arbitral award under section 34 of the said Act lie to the court authorised by law to hear appeals from original decrees of the Court passing the order. Further appeal against order of arbitral tribunal accepting the plea referred to in sub-section (2) or sub-section (3) of section 16; or granting or refusing to grant an interim measure under section 17 lie to a court as defined in clause (e) of sub-section (1) of section 2 of the said Act, i.e. District Court. As per this procedure, a party desirous of delaying an arbitration award has ample scope for adopting delaying tactics by challenging the award or other orders of the arbitral tribunal by starting the litigation right from the District Court level. This defeats the spirit of arbitration which is meant to be a speedy alternate mode of dispute resolution.

 

To overcome this problem it is proposed that the Commercial Division will also entertain applications under sections 34 of the Arbitration and Conciliation Act, 1996 for setting aside of arbitral award, under section 36 of the said Act for execution of arbitral award and appeal under section 37 where the arbitration relates to or within the scope of the commercial disputes of the specified value. For this purpose, consequential amendments are also proposed in the Arbitration and Conciliation Act, 1996.

 

An appeal against the order and decree passed by the Commercial Division shall lie before the Supreme Court. The decision to constitute Commercial Division is entirely within the discretion of the High Courts and the State Governments. According to the second proviso to subclause (3) of clause 1 of the Bill, the provisions of the proposed Act can be made applicable to a High Court only in consultation with the concerned Chief Justice and the concerned State Government or State Governments. Thus, sufficient time will be available to assess the likely impact on the workload on the High Courts before the constitution of the Commercial Division and enactment of the legislation will not immediately lead to an increase of workload upon the High Courts.

 

The proposed definition of 'commercial disputes' covers even IP disputes as is obvious from the following definition in Section 2 of the Bill: (a) "commercial dispute" means a dispute arising out of ordinary transactions of merchants, bankers and traders such as those relating to enforcement and interpretation of mercantile documents, export or import of merchandise, affreightment, carriage of goods, franchising, distribution and licensing agreements, maintenance and consultancy agreements, mercantile agency and mercantile usage, partnership, technology development in software, hardware, networks, internet, website and intellectual property such as trademark, copyright, patent, design, domain names and brands and such other commercial disputes which the Central Government may notify.


Typically the court assuming original jurisdictions in most commercial disputes are the District Courts. For examples the Patents Act, the Trademarks Act and the Copyirght Act all name the District Court as the court of first instance before which a suit for infringement can be filed. Normally law suits cannot be filed directly before a High Court. A High Court is usually confined to hearing appeals from District Court apart from being the only courts in a State to exercise writ jurisdiction. The only exception to this rule are the High Courts of Bombay, Madras, Calcutta, Delhi and Jammu & Kashmir. The first three were set up by the British in the 19th Century through the Indian High Courts Act, 1861. The Delhi High Court was created as recently as 1966 and is definitely the most dynamic of all these High Courts. These 5 High Courts have Original Jurisdiction i.e. lawsuits of a particular valuation can be filed directly in these High Courts provided that the High Court has the territorial jurisdiction to try these cases. Normally the territorial jurisdiction of these High Courts does not extend beyond the boundaries of the cities in which these Courts are based.


Most IP infringement suits are filed in these High Courts which have original jurisdiction as Indian District Courts are woefully underequipped to adjudicate complex high value commercial disputes. This is not to say that the High Courts, with original jurisdiction, are brimming with resources but there is no arguing that these Courts are definitely better off than the District Courts both in terms of resources and manpower.


 By setting up dedicated Division Benches in all 21 High Courts across the country this Bill will bestow Original Jurisdiction on all High Courts making them the epicentre of all commercial litigation in indiviudal states. This makes a lot of sense because most businesses are based out of the capital cities of individual states and High Courts are usually situated in these capital cities.


Image of Bombay High Court. Photo Credit: Nichalp. The 'Unbelievable' Procedural Reforms: Apart from consolidating the forums of high value commercial disputes this Bill brings in absolutely unbelievable reform in the procedural laws of India. Currently the only time limit in the Code of Civil Procedure, 1908, is the 30 days time limit to file the written statement (this is the first pleading filed by the defendant in response to the lawsuit filed by the Plaintiff).


This amendment, which was introduced in 2002, signficantly fast-tracked the process because until this statutory time limit was introduced the normal practice for the Defendants was to delay filing a written statement for upto a year after the suit had been filed. With the 30 days time limit being enforced strictly by judges Defendants actually began to file written statements within the 30 days time limit.

 

The truly revolutionary provision of the Bill however is Section 9(5) which requires the Commercial Division to pronounce a judgment within 30 days of arguments concluding and the matter being reserved for Orders. This is absolutely revolutionary because Indian judges, even judges of the High Court can take upto one year to pronounce Orders on an application for interim injunction in cases of patent infringement. Such a delay is simply outrageous. Having said that it can expected that there will be significant opposition from the judiciary to imposing this 30 day limit.

 

Another significant change introduced by the Bill is the introduction of case management conference presided by one of the Judges of the Commercial Division, to fix schedules, dates along with time limits for oral arguments.


The above timelines have been drafted with a view to ensure that judgment is pronounced with a year of the law suit being filed.


Given the fact that most IP disputes do not even reach the stage of evidence in the one year period, this Bill is definitely good news  The proposed Commercial Division Bill attempts to replicate this success by introducing time limits for every stage of a lawsuit. The Bill also proposes to consolidate the pleadings. Under the current law the only requirement at the stage of filing the suit is to submit a Plaint with some supporting documents. A plaint is limited to facts and involves no law. It basically lays out the cause of action and the relief that is requested from the Court. As per Section 9(2) of the proposed bill the Plaintiff will have to file the following pleadings and evidence along with the Plaint at the very initial stage of the lawsuit:

 

The Defendant in turn has to reply within 30 days. Additional evidence may be filed at the time of trial. The cross examination of witnesses on their examination in chief affidavits will be outsourced to a Court Commissioner who may either be a retired judge or a lawyer of some standing. This is one recommendation which will go a long way in fast-tracking commercial disputes because cross examination is the most time consuming component of a trial. This is a landmark step taken by the Govt of India.Let us wait and watch that upto what extent our law minister Virappa Moily gets success in passing the bill from Rajya Sabha. I have some reservations over the bill that i will be discussing in subsequent blogs.


Source: Spicy IP



--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

ConferenceLex (Call for Papers): The 1st Subrata Roy Chowdhury Memorial Essay Writing Competition

ConferenceLex (Call for Papers): The 1st Subrata Roy Chowdhury Memorial Essay Writing Competition

ConferenceLex (Call for Papers): Call for Papers: International Max Planck Research School for Competition and Innovation and the Professorship for Intellectual Property at ETH Zurich June 2010 Conference

ConferenceLex (Call for Papers): Call for Papers: International Max Planck Research School for Competition and Innovation and the Professorship for Intellectual Property at ETH Zurich June 2010 Conference

Future of the Kyoto Protocol, depends on the way the post-Copenhagen negotiations are carried out.

 

In the absence of a consensus at the two week meet which concluded on December 19 in the Danish capital, world leaders will have to work to achieve a global legally binding climate change treaty at the next annual UN ministerial talks in Mexico in December 2010.
The Accord has not exempted the developed countries from legally binding emission cuts and even from historical responsibility. What Copenhagen has done is to endorse the view that the developed nations have a responsibility to engage in absolute emission reduction while the major developing countries have the responsibility of mitigating the rise in their emission


India Government's stand of agreeing to the provision of international consultation and analysis will in no way affect India's sovereignty. Indian will consult in terms of whatever India has put forward as information on its action (on climate change) and if there is some doubt on data then India will be ready to give them (to the developed world). What India not willing to accept was any kind of verification or review in the sense that somebody will come to it and say look they are going to scrutinise India's strategy for development or climate change action plan and tell India whether it is adequate or not.


Major achievement of the Copenhagen talks was that the parties had agreed that the negotiations would continue on the twin tracks of the Bali Action Plan and the Kyoto Protocol. The important achievement of developing countries is that they did not allow this saga to end (at Copenhagen). The Kyoto Protocol cannot be forgotten or buried "for the simple reason that it is a valid legal instrument of the 1997 pact that mandates the rich nations to take up legally binding emission cuts while exempting the developed nations from doing so. At the moment" all the nations have agreed that Kyoto Protocol must remain and they should continue the talks on that track". That opens a window and that possibility is there, of course. But that depends on how member countries negotiate forward.

Source: http://economictimes.indiatimes.com/news, 28th December, 2009.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Thursday, December 24, 2009

Central Govt. is being accused for putting in “cold storage” the formation of Telangana State.

Several TRS, Congress and Praja Rajyam MPs, MLAs and MLCs have resigned accusing the Centre of putting in "cold storage" the formation of Telangana State. It is perplexing that while one part of the state is carrying on an intense agitation for a separate state, the other part of the state is carrying on a unification agitation. The current agitations on Telangana are no longer a political movement; it is now a civil society issue. The Central government's announcement on Telangana is a culmination of over five decades of agitation for the creation of a separate state. K Chandrashekar Rao (KCR) has attempted every possible gimmick to carve an image "Ultimate worrior of Telengana." Under the leadership of K Chandrasekhar Rao, Telangana Rashtra Samithi (TRS) has pressurised the Central government to set a deadline for the formation of a separate Telangana state. Telangana corresponds to the Telugu speaking part of the erstwhile princely state of Hyderabad. The region lies to the west of the Eastern ghats range. Telangana came under Muslim rule in 14th century. Strangely, it was never under direct British rule. However, once again, it was felt that the Congress party did not fulfil the promise made to the people of Telangana.

In December 2009, the demand for a separate Telangana state was being raised by all the four crore people of Telangana in unison. The TRS chief's fast-unto-death mission to free his land pressurised the Central government. On the night of December 9, 2009, the Congress Party decided to accept the demand for Telangana and promised to initiate a process for it.

Unlike other states which were carved out of an existing state, Telangana was a pre-existing state which had a distinct identity of its own. It had a distinct language and culture. The States Reorganisation Commission recommended against the merger of the Hyderabad State with the Andhra State. The SRC recorded: "The real fear of the people of Telangana is that if they join Andhra they will be unequally placed in relation to the people of Andhra and in this partnership the major partner will derive all the advantages immediately while Telangana itself may be converted into a colony by the enterprising Andhras."

Addressing a joint press conference, Mr. Rao, Mr. Jana Reddy and Praja Rajyam MLA Anil, said the "vague" statement of Mr. Chidambaram appeared to put on hold formation of Telangana. They pointed out that no time-frame was fixed for the wide-ranging consultations as mentioned by the Home Minister and it could even take 50 years. The central government established unified Andhra Pradesh on November 1, 1956 on linguistic lines.

The first battle for separation of Telangana from Andhra Pradesh erupted in 1969 under the leadership of Marri Chenna Reddy. The Congress party suppressed the movement. This disturbed the lives of hundreds of thousands of people one way or the other. It was a big blow to the generation of the times.

There might have been a need of separate state hence people of the region received him fairly well in the 2005 elections. But when separate state was his agenda, he should have rejected the cabinet positions that were offered to his party men. Telangana region's public representatives ranging from MPTC members to MPs and MLAs, of all parties, keeping aside their party affiliations, would meet on Thursday morning and submit their resignations. Subsequently, the JAC of public representatives would chalk out an action programme. 

In 2004, the Congress party and the TRS had an electoral alliance in the Telangana region with the promise of a separate Telangana state. TRS joined the coalition government in 2004 and was successful in making a separate Telangana state a part of the common minimum program (CMP). In September 2006, TRS withdrew support from the Congress-led coalition government.

Before we think about all these let's hope that KCR's agitation will come to a peaceful end without violation of human rights and destruction of public properties.

The govt. is being criticized by peoples of acting partially by imposing sections 30 and 144 of IPC all over Telangana, while it had allowed bus yatras of Praja Rajyam president K. Chiranjeevi and Telugu Desam leaders in coastal Andhra and Rayalaseema. They demanded Chief Minister K. Rosaiah to immediately withdraw the restrictions and warned that government would face a "volatile situation" otherwise.

The post election drama of 2005 stamped down the hope for the separate state. The election re-election and finally the grand elections of 2009 painted TRS as just another political party. Rather than being two separate entities, Telangana and Andhra are two interdependent regions. If Andhra accounts for major food production, Telangana region is rich in minerals. Both the regions have Telugu as their main language. This is why Telengana is no Jharkhand or Uttarakhand.

Appeal has been made to the people, particularly students and youth, to observe the bandh peacefully. They urged students not to succumb to emotions and make suicide attempts. If Telengana is declared, the disputes over border would be endless. The issue about Hyderabad, Bhadrachalam etc will create a hostile environment in the state. The moment when the "T" bill is introduced in the Parliament or when/if an SRC is constituted, the government will be forced to consider the plights of Gurkha land in west Bengal, south Tamil Nadu in the south along with the proposal of Konkan state. Meanwhile, State BJP unit after an emergency meeting of its office-bearers called for a 24-hour bandh in protest against Mr. Chidambaram's statement. State BJP president Bandaru Dattatreya accused Congress party of indulging in deceit and playing with the sentiments of Telangana people.

Breaking the country into such smaller units will increase regionalism in Indian politics. Further it is a multi-crore task for the government and funds for the formation of so many states cannot be accommodating in the forthcoming budget. Although the claim for separate state is itself divided in the Andhra Pradesh itself, governments must understand the need to maintain uniform and sustained growth throughout the state.


Source: 

www.hindustantimes.com 

http://www.merinews.com

http://www.indianexpress.com/news/twostate-solution/558101/

http://www.conomictimes.indiatimes.com

All the sources visited on 24th December,, 2009, 10.00 IST.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

[Technolex] Happy Christmas and Happy New Year

Good Morning!

May this Christmas and New Year prove a harbinger of a new spring,

That leaves behind the autumn of prevailing gloom;

May it bring forth the sprouts of new hope and zeal,

That overshadow all the miseries under its bloom.

May it fill every heart with abundant and pious joy,

That makes the suffering and sorrow, a thing of past;

May its blessings fall on the earth in such torrents,

That washes away the human agonies, quick and fast.

With regards

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

--

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Tuesday, December 22, 2009

Sudden Change of Facebook privacy policy for netizens to control what you want to share upsets millions

The way these changes have been implemented has created a sense of insecurity among the users. This has made many of the sites 350 million users see red. Now Facebook allows its users to choose their level of privacy, by letting them restrict access to either friends, friends of friends or everyone. It's a feature that has helped the site gain many users.

But with the recent change — unless users actively manage their privacy settings themselves — their information like Family and Relationship, Education and Work, and their posts will be made visible to everyone, regardless of what their previous privacy settings were. Online observers believe the revised settings are a tactical move by Facebook to get search engines to index more information from the website, in order to counter growing competition from microblogging sites like Twitter. 

Electronic privacy groups are already up in arms against Facebook. Recently, the Electronic Privacy Information Center filed a legal complaint in the US against the social networking site's new privacy settings, claiming the changes violate user expectations, diminish user privacy, and contradict Facebook's own representations.

http://economictimes.indiatimes.com

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: 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://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Monday, December 21, 2009

Trade Mark (Amendment) Bill, 2009 - has been passed by Lok Sabha finally on 18th December.

Lok Sabha, has finally passed the Trademark (Amendment) Bill 2009, on the 18th of December, 2009. The bill will now be sent to the Rajya Sabha - which should hopefully have a more insightful debate on the proposed amendments. Once it is passed by the Rajya Sabha the bill become an Act of Parliament. The Trademark (Amendment) Bill, 2009 was originally introduced into Parliament as the Trademark (Amendment) Bill, 2007. The 2007 bill lapsed because of which it had to be re-introduced in July this year, the Amendment Bill aims to simplify the trademark registration process by enforcing the Madrid Protocol  which is a cost-effective system for international registration of trademarks, enables nationals of its member countries to obtain trademark registration within 18 months by filing a single application with one fee and one language in their country of origin. This in turn is transmitted to other designated countries.

 

Source: http://economictimes.indiatimes.com


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Saturday, December 19, 2009

Rajiv Gandhi School of Intellectual Property Law, LL.B. (Hons.) admission notification

Indian Institute of Technology Kharagpur

Rajiv Gandhi School of Intellectual Property Law

LL.B. (Hons.) admission notification

3-year 6-semester full-time residential LL.B. (Hons) in Intellectual Property Law
(Approved by Bar Council of India)

Eligibility: First class bachelor's degree in engineering/technology/medicine or equivalent or first class master's degree in science or pharmacy or equivalent, or first class MBA degree with any of the above

Complete details available at: http://www.rgsoipl.iitkgp.ernet.in

Online forms available from: 1st December, 2009

Online submission: 22nd January, 2010

Entrance examination date: 21st March, 2010

For further information, e-mail to admissions@rgsoipl.iitkgp.ernet.in, Tel 03222-282237/282222, Fax 03222-282238.


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

WIPO Treaty for the Blind Gains Momentum,Due to US Support

The World Intellectual Property Organization is meeting this week with considerable momentum toward work on a Treaty for the Blind that would establish important copyright limitations and exceptions to ensure broader access for the sight disabled. The main aim of the treaty in question is to facilitate the cross-border sharing of special format materials made for persons with print disabilities regardless of whether these formats are made under the national law or under licensing agreements. Now the U.S. had emerged as a leader with surprising in approach. U.S. support for the treaty will dramatically increase the amount of special format material accessible to the people of the world. This is a 'surprising' turn of events because earlier this year it was reported that the U.S. was planning to block the Treaty. India was engaged in a 'thoughtful deliberation' over a statutory exception for the print disabled in its own national laws. This is a clear recognition of the efforts put in by the good people heading the 'Right to Read' 'Book Bole' Inclusive Planet Centre for Internet and Society


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

E-Court of Delhi High Court Has Seen Light of The Day

The Delhi High Court on Tuesday crossed a new milestone in its march to make its proceedings transparent, easier and faster for litigants with the inauguration of the first e-court. As it was already published on IPLex , Fancynew, and E-Courts Blogs regarding the E-Courts in Indian Perspective and its launching schedule. Justice S. Ravindra Bhat inaugurated it. It was a civil court and of the total number of cases listed for hearing for the day, 15 were disposed of in the very first hour. However, lawyers appearing before court had to function manually as the facility was not available to them on the inaugural day. However, as per the project for making the courts of the High Court paperless, they will get connected to the network very soon.

 The key feature of the e-court is the ability of lawyers to make paperless digitised submissions, including submissions where references can be hyperlinked to help the judge (or any other reader) instantly access further information on a given matter. The lawyers will have the facility to view the proceedings on their laptops when they are connected to the network.

 The courtroom now sports a screen, which as yet only passively displays the causelist. But perhaps as time goes by, one may be able to see what exactly the judge can see as well, in order to have the lawyers and the judge - literally - on the same page. Justice Bhat sat with a laptop with a huge electronic screen on the wall in front of him. The screen had been put up in such a way as to allow the lawyers and the Judge to see the cause list at the same time. The Court Master also had a laptop with him to keep him abreast of the proceedings. According to go the project, the High Court will become paperless with digitisation of all works from filing of cases to delivery of judgments within two years.

 According to the The Hindu 15 matters were heard in a matter of just one hour with no paper or files being exchanged. One thing to be careful about is the discomfort caused by staring at the computer screen constantly - the judges may need some extra tips on how to avoid that crick in the neck!

For those of you who want to read more take a look at the e-court presentation that the High Court has put up on its website here.

The E-court committee of Delhi High Court headed by Justice B.D.Ahmad is also considering the possibility of setting up a web portal for broadcasting proceedings of cases that may involve larger public interest.

The court of Justice S Ravindra Bhat looked unlike any other courtroom, with a sleek, wide LCD screen on the wall and a touchscreen handbook replacing the bulky files as the HC launched its first eco-friendly initiative to go paperless and also bring about speedy justice. 

Cumbersome paperwork has been replaced by digitalized files and judges can directly access them on a display monitor. With a target of digitalizing all documents within two years, the court has launched a pilot project which went on smoothly on the first day.

Though 33 matters were listed for the day, around 18 cases were disposed of within the first two hours, which on a routine basis take the entire day. The judge used his special LCD touchscreen to make corrections and his digital signature to certify the copy.

The lawyers gave the concept a thumbs-up, saying there were no glitches during the proceedings. ''We will be able to get rid of our bulky files. Now we have to carry only a USB device or CD of our case, which is much easier,'' said Swagat Sharma, a lawyer who appeared in the e-court. Some counsel, however, still preferred to use their paper files, an option given to them for the time being to enable them to adjust to accessing case files from their laptops

In the next two years, the Court will also create the facility for filing of cases through Internet which will eliminate use of paper in presentation of plaint or petition or appeal and its disposal. All the pleadings, evidence, orders and judgments will be documented and archived on digital media.
The court has already digitalized around 5.5 crore papers pertaining to various cases upto 2007. It is also considering recording the statement of witnesses through video-conferencing to avoid procedural delays.

Since e-filing will require digital authentication of affidavits, vakalatnamas, paper documents with physical 

signatures through suitable biometric devices and online payment of court fees, the Court will also require the help of

 the Delhi Government for providing e-stamps.Accredited agencies will assist the lawyers to get their filing papers 

digitalised on payment of fees, and the rules will also be amended to facilitate it.

Source: The Hindu, 17th December, 2009, The Times of India, 17th December 2009


--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281