Wednesday, January 27, 2010

Serious Thinking and Wider Consultations are Required on Land Acquisition (Amendment) Bill

Serious thinking and wider consultations are required on Land Acquisition (Amendment) Bill that is pending in the parliament and will be placed on the table in the ongoing winter session. The issues like what is or is not public purpose requires to be properly debated and clarified and exploration of compensation beyond market value is also requires to be analysed and properly valued. It is imperative for the forthcoming bill to have clarity and inbuilt safeguards against potential misuses. If it is passed with proper modification that will be a historic in protecting the interests of the farmers and tribals.

The bill proposes protect the interests of the poor farmers whose land is acquired for setting up industries. The Bill ensured rehabilitation before acquisition of land of farmers and tribals and allowed states to acquire land for private developers only after the developers had acquired certain percentage directly from farmers. A suitable mix of cash and equity or annuity compensation needs to be explored for paying the compensation to the land  holders. The earlier Land Acquisition (Amendment) Bill 2007 had paid only lip service to these issues and was as defective as the existing law. Hopefully the prospective Bill will do a better job.  

It is pertinent to mention that between 15th January 2010 to 25th January 2010 two land acquisition notifications have been set aside. The Punjab and Haryana High Court (HC) has quashed a Haryana government’s 2002 notification for inappropriately releasing land to private developers. Similarly, the Allahabad High Court has repealed a UP government’s notification under which land was acquired for a private project in 2005. Both notifications have been cancelled on account of procedural lapses. However, these rulings highlight the three most problematic aspects of the land acquisition under eminent domain: namely, excessive misuse of compulsorily acquisition laws by states to serve private interests; inadequacy of compensation provided to the owners; and violent protests against compulsory acquisitions.   

The Land Acquisition (Amendment) Act, 1984 provides for compulsory acquisition of private property by the state for making the provisions of public goods and services; such as, roads, dams, schools, etc. Section 38 allows acquisition for private projects as well, provided it serves a public purpose. The law is ambiguous about what is or is not a public purpose. Unfortunately, this and the other ambiguities have been misused by a nexus of the authorities and the industry to provide subsidised land to the latter.   

There are many instances in which the states acquired land for ostensibly public purposes but ultimately used it for notpublic ends. In one such instance, in 2002 the Haryana government acquired land to construct a Metro rail line, evidently a public purpose. However, 90% of the acquired land was subsequently transferred to private developers. 

This is a very burning problem inall infrastructural projects-say -irrigation, industry, mines, power, roads/highways,port-sea&air ports,SEZs,etc, The magnitude of the LA problem varies. A detailed discussition on LA in each sector is need of the hour by experts/ professionals/PAF/Ps involved.or A few case studies, in each sector ,hilighting the LA issiues can through some light on dark side of the exploitation of poor PAF/Ps by the vested interests.

In the present scenario it can be cited that the lands in Mumbai (then Bombay) were leased to Mill Owners for the main object of running the Mill. However when the said object is no more in existence the land should have been reverted back to the Government. Instead what is witnessed is that the Owners are permitted to develop the same. The object for which the land was leased needs to be investigated properly otherwise every Mill will be burnt and development takes place leaving the workmen high and dry of their claims.

The situation is worse as to the compensation rules. Under Section 23, the owners are entitled to the market-value of the acquired property plus a solatium. The floor price (circle rates), or the average of sale-deeds of similar property can be used to determine the market-value. Generally, circle rates are dated and well below the market rates. Also, in order to save on stamp-duty, the price quoted in sale-deed is much lower than the actual transaction price. Therefore, neither the sale-deeds nor the circle rates can reflect the market-value.   

Besides, since property market is inherently thin, even market-value itself is less than the potential value. On the top of it, due to restrictions regarding changein-land use, etc, the market-value of agricultural land is further suppressed downward. Indeed, the very basis of determining compensation is flawed.   

Since the compensation required is significantly less than the potential value, there is a tendency among public as well as private entities to over-acquire. In many instances, the excess land is used to earn profits in the realty sector.Poor farmers cannot afford costly and prolonged litigation and therefore are vulnerable to political manipulations.

The judiciary is also responsible for this unfortunate outcome. Certainly, the legislature and the executive are better equipped to determine what can or cannot serve public purpose. But, the judiciary could have ensured that the acquired land is used only for the pre-stated purpose, that the unused land is released back to its owners, and that the alternatives are explored before acquiring agricultural land.   

Similarly, by providing clear and consistent compensation rules, it could have spared the people from agonising litigation. After all, ensuring that people’s entitlements are protected and the executive uses the enacted law according to its spirit is the responsibility of the judiciary.

A provision must be added for setting up land bank corporations to facilitate acquisition and disbursement of land for industrial use.
The provision that the state could only acquire land for a private sector project if the company had already acquired a minimum percentage of the land will make it difficult for industry to set up projects.
 In the absence of proper land records with small and scattered land holdings, agglomerating land from numerous owners is not a task which the corporate sector can do effectively. Any attempt on the part of the government to transfer this task squarely on industry, without improving the system, will badly affect industrial development and overall economic growth in the country. The state land bank corporations can serve as institutions dedicated for acquiring unproductive and other lands for industrial purposes and provide a transparent and viable solution to the problem. The job of the State Land Bank Corporations can be to scientifically acquire large tracts of non-cultivable and other lands, develop these as land banks for the future and have a transparent mechanism to pass these on to the private sector.

The national digitisation of land records and planned zoning of land, as archaic land records are a big hurdle for land acquisition and compensation disbursement. Simultaneously, there should be ex-ante zoning of land so as to have a clear mapping, identification and segregation of the land for various purposes, over a 100-150 year period. In order to avoid controversies, such zoning and acquisitions by land bank corporations must be made ex-ante, that is, before it is allocated to any particular private sector entity.

Source: Ram Singh, The Economic Times, 27th January 2010.
            Business Standard, December 7 2009.

Monday, January 25, 2010

Internet Censorship in China is Politically Motivated and it May Reduce Growth of E-commerce and M-commerce.

Denial of Chinese Govt. of cyber attacks on Google reflects Irresponsible behavior towards internet regulation. On 25th January, a spokesman for the Chinese Ministry of Industry and Information Technology rejected claims that the state had anything to do with the attacks on Google and at least 33 other companies.The spokesman not mentioned any thing regarding the attacks on Indian PMO office computers that was also attacked by Chines hackers on the same day. As it is already proved by Google that the attacks targeted the email accounts of Chinese human rights activists and the subsequent investigations also showed that the accounts of dozens of activists in the US, China, Europe and India's PMO office "have been routinely targeted by hackers from China.

 The Chinese government instead of investigating the case and catching the culprits simply denying the involvement looks very casual and irresponsible behaviour towards proper regulation of internet.That is must in the popping up boundary of Internet due to globalization.China has also restricted free access to information that is violation of the basic rights of netizens. Even the censorship will hamper the growth of e-commerce & m-commerce in China itself. Countries that censor news and information must recognize that from an economic standpoint, there is no distinction between censoring political speech and commercial speech.

There is no doubt that If businesses in any country are denied access to either type of information, it will inevitably reduce growth.Last week, however, China reiterated that Google and other foreign outfits must obey local law. That same day, Google postponed the launch of two Android phones in the country.

Hope the China will do some introspection by realising the importance of cyberregulation and control the baviour of unregulated army of 3 lakh hackers negatively playing with Interest of foreign establishments by staying in china.


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

Sunday, January 24, 2010

Dubai may become the UN headquarters


As per the Idea Floated by the US Magazine Forbes,  "Dubai is fully prepared to host the UN's headquarters on its soil if UN officials decide to move the headquarters from New York," the formerly booming emirate said in an official statement.

Dubai said it was ready to open dialogue with UN officials on the potential benefits -- in terms of geographic location, communications and infrastructure -- that the emirate could provide.

It has invested heavily in infrastructure, including a metro and several highways. But Dubai has been badly hit by the global economic crisis.

Oil-rich Abu Dhabi provided Dubai with 10 billion dollars in assistance on December 14, averting an imminent default by Dubai-owned company Nakheel on 4.1 billion dollars in debt.

Estimates of the debts of Dubai, which earlier this month opened the world's tallest building and has invested heavily to become a business, new technology and tourism hub, range between 80 and 120 billion dollars.

"The whole wild enterprise known as Dubai could signal a potential opportunity to the global community: turning the place into the headquarters for that other misguided ship, the United Nations," Forbes said this week.

"Bringing the United Nations to Dubai makes sense," it said.

"New York gets rid of one of its worst welfare cheats, and Dubai finds new tenants to fill its vacant towers. Dubai has already built something that looks the part of a 21st century world capital."


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

Friday, January 22, 2010

ConferenceLex (Call for Papers): 6th Annual Asian ITechLaw Conference, Feb 2-5 Bangalore

ConferenceLex (Call for Papers): 6th Annual Asian ITechLaw Conference, Feb 2-5 Bangalore

ConferenceLex (Call for Papers): International Max Planck Research School is going to organise first international essay competition on Competition and Innovation.

ConferenceLex (Call for Papers): International Max Planck Research School is going to organise first international essay competition on Competition and Innovation.

Dont Recieve call on your Mobile from any person asking you to press #90 or #09 or any other number

If you receive a phone call on your Mobile from any person saying that they are checking your mobile line or going to give you some offer/ prize, and ask you to press #90 or #09 or any other number. End that call immediately without pressing any Number. There is a company in Pakistan that is using a device that once you press #90 or #09 they can access your SIM card and make calls at your expense. They are misusing it to make calls from Indian numbers. Forward this message to as many friends as u can, to stop it. This information has been confirmed by both Motorola and Nokia. There are over 3 million mobile phones affected by this. You can check this news at CNN web site
Plzz don't forget to pass ur frnds ...... urgent

Thursday, January 21, 2010

ConferenceLex (Call for Papers): The 16th Regional Conference of Clean Air and Environment in Asian

ConferenceLex (Call for Papers): The 16th Regional Conference of Clean Air and Environment in Asian

The Political Economy of Liberalizing Trade in Services: Call for Papers:

The Leonard Davis Institute for International Relations at the Hebrew University of Jerusalem has issued a call for papers for a conference on "The Political Economy of Liberalizing Trade in Services," to be held June 14-15, 2010. Here's the call:
INTERNATIONAL CONFERENCE ON
"THE POLITICAL ECONOMY OF LIBERALIZING TRADE IN SERVICES"
June 14-15, 2010
DEADLINE FOR SUBMISSION OF PROPOSALS: FEBRUARY 21, 2010.
Trade in services is central to many of the new issues on the trade policy agenda. Policy on trade in services exists in the space between traditional trade negotiations and, among other things, a range of relatively new investment-related measures and labor migration policy. Inadequate conceptualization appears, however, to limit the chances for policy breakthroughs at the multilateral, regional, and bilateral contexts.
In addition, there is a need to better understand the ways in which power structures of states, institutions, lobby groups, and individuals jointly shape markets and systems of economic interaction in the services sectors, and how these affect political processes and structures.
While extensive literature address international trade in services from various angles, much less has been written from an international relations/ political economy perspective.

The goal of the conference is to theoretically and empirically explore whether existing international political economy theories apply to services trade liberalization and how they might be revised. Possible questions which can be examined at the conference:
1. What are the domestic and international political economy determinants for and against services trade liberalization? How do they vary across sectors and modes of supply?
2. How do the partisan and pluralist theories apply to services trade negotiations? What are the different coalitions and alliances? How do they operate in the domestic and international spheres?
3. Can a single analytical framework account for the diversity and variation of services sectors, modes of supply and providers?
4. What is the theoretical distinction, if any, between the liberalization of private and public services trade?
5. What are the similarities and differences between the political economies of goods and services trade? Do multi-level games have similar trajectories in the goods and services sectors? Why do critical provisions in trade liberalization agreements differ between services and goods (e.g. safeguards and enforcement mechanisms)?
6. What can be learned from the international political economy of services trade for (the design of) international cooperation and regimes? What impact does this political economy have on both multilateral and preferential trade negotiations?
7. Does the political economy of services trade liberalization differ between developing and developed economies? In what ways? What are the implications of these differences for multilateral and preferential negotiations and liberalization?
Keynote Speaker:
Mr. Alejandro Jara, Deputy Director-General of the World Trade Organization
Academic Committee:
Dr. Tomer Broude, Senior Lecturer, Faculty of Law and Department of International Relations
Prof. Michel Kostecki, University of Neuchâtel
Prof. Kalypso Nicolaïdis, Oxford University
Prof. Louis Pauly, Director of the Centre for International Studies, University of Toronto and Editor of International Organization
Prof. Alfred Tovias, Director of the Leonard Davis Institute for International Relations, Hebrew University of Jerusalem
DEADLINE FOR SUBMISSION OF PROPOSALS: FEB. 21, 2010
Paper proposals should include a title, a short 250 word abstract of paper, and name and affiliation of author(s).
Panel proposals should contain a title, a short 250 words abstract of the theme, 2-3 paper proposals (see above), name and affiliation of the chair and optionally a discussant (discussants will otherwise be determined by the conference academic committee). \
All submission(s) should be sent to: servtrade@mscc.huji.ac.il
The Participants will be informed by email of the acceptance of panels and papers by March 16, 2010.
Conference fee is 40 Euros (20 Euros for students and non-OECD country participants). The fee covers participation as well as lunch and refreshments during the conference.
An optional one-day tour of Israel will be offered to participants, the day before the conference, on June 13.
For further information, please visit the website: http://davis.huji.ac.il/eng/activity.asp?cat=128&in=0
or contact:
Daniela Persin: daniela.persin@mail.huji.ac.il
Lior Herman: l.e.herman@lse.ac.uk

ConferenceLex (Call for Papers): MIT Spam Conference: 2010 Call for Papers and Participation

ConferenceLex (Call for Papers): MIT Spam Conference: 2010 Call for Papers and Participation

Tuesday, January 19, 2010

Bharti-Walmart flagship brand faces Trademark opposition in India:


The management will fight to protect intellectual property of its Great Value label; applications filed in '08

 Wal-Mart Stores Inc., which recently launched several of its global private labels in India, through joint venture Bharti-Walmart Pvt. Ltd, is facing opposition to efforts to register its flagship brand Great Value (GV) here, according to information from the Indian trademark office's website.

"Wal-Mart has registered Great Value in various countries including India and we aggressively protect it as our intellectual property," a Bharti-Walmart spokesperson said in an email statement.

The spokesperson, however, denied knowledge of any opposition.

"Currently, Wal-Mart is not aware of any opposition to our GV brand but, if necessary, we will take necessary steps to protect our intellectual property," the spokesperson added.

Bharti-Walmart, the US retailer's joint venture with Bharti Enterprsies Ltd, had filed in 2008 about a dozen applications to trademark Great Value's logo: 'GV' in a circle emblazoned with 'Great Quality. Low Prices.' The applications were in various categories—baby food, dental wax, dried fruits, jellies and jam, bleaching preparation, soap, cosmetics, hair lotions and others, according to information from the trademark office. Most of those applications are being opposed, according to the trademark office's website.

Bharti-Walmart has already launched several Great Value products including tea, snacks, ketchup, dish-washing bar, toilet cleaner and glass cleaner; it plans to launch more in coming months, according to the company.

It takes about two years for India's Controller General of Patents, Designs and Trademarks to scan and process any application before they are put in the public domain. Any kind of opposition to a trademark application can be made within four months from the day the trademark office makes any application public, trademark lawyers say. Bharti-Walmart's applications were made public late last year and most of its applications are being opposed.

Mint couldn't ascertain the identity of the individuals or companies opposing the Bharti-Walmart applications. Bharti-Walmart had earlier filed dozens of trademark applications seeking to trademark Indian-sounding names including Sankskar, Sabhyata, Cimran, Sur, Sitrali, Pranay, Srishti, Jovaki, Amokhya but the company faced opposition to most of the applications. It now says it will not contest the opposition.

"The application for registration of Astitva and a few other names was filed in August 2008. However, based on consumer feedback and legal opinion we went ahead with the brand name Astitva as our private label brand for Indian ethnic products. Some of the other names that had been filed for registration (except for Astitva) will lapse as we will not be pursuing them further," the Bharti-Walmart spokesperson added.


Source: livemint.com
Publication date: 1/19/2010

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

ConferenceLex (Call for Papers): Delhi University, Conference on Emerging Issues of Law and Justice

ConferenceLex (Call for Papers): Delhi University, Conference on Emerging Issues of Law and Justice

List of 44 Deemed Universities going to be de-recognised in India


The PN Tondon Committee constituted by the Central Government has submitted its report recommending de-recognition of following 44 deemed Universities due to lack of infrastructure facilities and undesirable Management of the Universities.So The Ministry of HRD has submitted an affidavit before the supreme Court regarding de-recognition of 44 deemed Universities all over the Country.


1 Academy of Maritime Education and Training, Chennai, Tamil Nadu
2 Bharath Institute of Higher Education
3 BLDE University, Bijapur, Karnataka
4 Chettinad Academy of Research and Education, Padur, Tamil Nadu
5 Christ College, Bangalore, Karnataka
6 D.Y. Patil Medical College, Kolhapur, Maharashtra
7 Dr MGR Educational and Research Institute, Chennai, Tamil Nadu
8 Graphic Era University, Dehradun, Uttarakhand
9 Gurukul Kangri Vishwavidyalaya, Hardwar, Uttarakhand
10 HIHT University, Dehradun, Uttarakhand
11 Inst. of Advanced Studies in Education of Gandhi Vidya Mandir,Sardarshahr, Rajasthan
12 Jain University, Bangalore, Karnataka
13 Janardhan Rai Nagar Rajasthan Vidyapeeth, Udaipur, Rajasthan
14 Jaypee Institute of Information Technology, Noida, Uttar Pradesh
15 Kalasalingam Academy of Research and Education, Virudhunagar, Tamil Nadu
16 Karpagam Academy of Higher Educatioin, Coimbatore, Tamil Nadu
17 Krishna Institute of Medical Sciences, Satara, Maharashtra
18 Lingaya's University, Faridabad, Haryana
19 Maharishi Matkandeshwar University, Ambala, Haryana
20 Manav Rachna International University, Faridabad, Haryana
21 Meenakshi Academy of Higher Education and Research, Chennai, Tamil Nadu.
22 Mody Institute of Technology and Science, Sikar, Rajasthan
23 National Museum Institute of the History of Art, Conservation and Museology, Delhi
24 Nava Nalanda, Nalanda, Bihar
25 Nehru Gram Bharati Vishwavidyalaya, Allahabad, Uttar Pradesh
26 Noorul Islam Centre for Higher Education, Kanyakumari, Tamil Nadu
27 Periyar Maniammai Institute of Science and Technology, Thanjavur, Tamil Nadu
28 Ponnaiyah Ramajayam Institute of Science and Technology, Thanjavur, Tamil Nadu
29 Rajiv Gandhi National Institute of Youth Development, Sriperumbudur, Tamilnadu
30 Santosh University, Ghaziabad, Uttar Pradesh
31 Saveetha Institute of Medical and Technical Sciences, Chennai, Tamil Nadu
32 Shobit Institute of Engineering and Technology, Meerut, Uttar Pradesh
33 Siksha Anusandhan, Bhubaneswar, Orissa
34 Sri Balaji Vidyapeeth, Puducherry
35 Sri Devraj Urs Academy of Higher Education and Research, Kolar, Karnataka
36 Sri Siddhartha Academy of Higher education, Tumkur, Karnataka
37 St Peter's Institute of Higher Education and Research, Chennai, Tamil Nadu
38 Sumandeep Vidyapeeth, Vadodara, Gujarat
39 Tilak Maharashtra Vidyapeeth, Pune, Maharashtra
40 Vel Tech Rangarajan Dr Sagunthala R&
41 Vel's Institute of Science, Technology and Advanced studies (VISTAS), Chennai, Tamil Nadu
42 Vignan's Foundation for Science Technology and Research, Guntur, Andhra Pradesh
43 Vinayaka Mission's Research Foundation, Salem, Tamil Nadu
44 Yenepoya University, Mangalore, Karnataka

Source: http://www.indiastudychannel.com  visited on 19/01/10
 


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

Sunday, January 17, 2010

Intellectual Property Regime and the Development of Orissa

Due to fast growth of biotechnological research units at different parts of world, coming days will witness more of development of transgenics that can meet the challenges due to climatic changes, environment pollution and enhanced production from unit land. This will definitely boost the growth of Intellectual Property (IP) in the state. Since technologies are now available for transfer of gene across taxa and there is greater scope for genetic manipulation, 21st century will witness trade of gene across boundary. Protection to traditional knowledge associated with agriculture is also required to forestall any attempt by other institutions/countries from acquiring illegal rights on them.

 

Orissa being a gene rich state can derive full advantage from this trade provided suitable measures are taken for conservation and protection of genetic resources. Similar steps need to be taken in case animal, fish, and microbial genetic resources. This can be achieved through systematic survey, collection and publication in appropriate media including the digital ones. Through the genetic manipulation of different crop species and their wild relatives either conventionally or through biotechnological approach, the state can produce wide array of plant varieties/transgenics for commercial exploitation.

 

 

Orissa rich in agro-biodiversity has vast potential for plant variety development. Being the hot spot of rice and many other crops including medicinal plants, cucurbits. brinjal, pulses, the state is rich in genetic resources. Orissa being a state-known for its excellence in art and craft and traditional knowledge can take this opportunity in its favour. Government has already initiated steps for the registration of Kotpad Saree and Baragarh Saree dying technology under this act to protect the interest of producers of these two GI. Similar scope exists in the field of agriculture that needs to be identified and steps need to be taken for their registration at GI Registry Chennai.

 

This will enhance the export potential of agricultural goods services and provide protection against misuse of GI by unscrupulous traders/unauthorized users. Literary creations, musical works, dramatic works, sculptural works, motion pictures, computer software, gene sequences etc. can be protected under copyright Act. Wealth can be generated from their protection and exploitation in the trade and commerce.

 

Enforcement of Protection of Plant Varieties and Farmers Right Act-2001 and initiation of registration of plant varieties since February 2007 provides scope of not only registering the extant plant varieties of the state developed by public/private R & D, units but also registration of farmers' variety developed by the farming community. Any community/group of farmers, farmer's society, claiming to be the breeder and successor of breeder of any farmer's variety can register their variety (ies) and derive full commercial benefit from their trade. Funds are being provided from the national gene fund for rewarding gene saviours and for conservation of threatened genetic resources. State government should initiate appropriate steps in this regard so as to take full advantages of different provisions of the PPV and FR Act. Geographical indications (Registration and Protection) Act, 1999 provides protection (Gl) to geographical indications of the country.

 

Besides the act has also made provision to recognize and reward farmers/farming communities who have played the role of saviour of the genetic resources of any crop/species through their age old effort in conserving, maintaining the traditional varieties, land races and agro-biodiversity of crops.  Steps to boost such kind of activity and protection to both existing and new creations and exploiting them in commerce will definitely help to improve the economic condition of individuals agencies associated with such activity. This will facilitate flow of knowledge in the society and conservation of creations which are either in unsafe state or in a state of erosion. Wide scope also exists in the state for boosting design trade particularly in agro industry sector.

 

The said discussions are only a few of many points available for development of agriculture in the state through generation, protection and commercialization of knowledge associated with agriculture and allied sector. Hope state can take full advantage of globalization process and IP regime to make it prosperous and developed in a highly competitive world. Design of agricultural machinery, equipments, and containers of different agricultural product can be protected under Indian design Act 2000 and can be commercially exploited for the growth and development of this sector. Agricultural Industries, food processing plants, traditional healers of disease can protect their IP even through Trade mark or Trade secret.

 

Industries/Institutions providing services and goods can protect their goodwill in business through registration of trademark or through appropriate confidentiality agreement in case of protection intended through trade secret. There is very good news for Orissa peoples that recently by cooperation with various stakeholders in the School of Biotechnology, KIIT University a business incubation centre is established. I am also cooperating with centre as an Intellectual Property Law advisor. Now peoples are coming with different IP issues and getting proper solutions that is providing further motivation to the IP creators.

 

 

References:

1. Gupta, Anil, K.; and Vikas Chandak (2005) competitive strategies for agricultural technology development and export through value addition: the International property right prospective.

2. Mashalkahr, R.A. (2005). Intellectual Property Rights and the third world. Current Science 81(8): 955 965.

3. Baburam Singh, www.orissa.gov.in/e-magazine/Orissareview/2009/Jan



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

Saturday, January 16, 2010

Whether RTI should be applicable to CJI?

Whether Right To Information is applicable to Chief Justice of India is a substantial question of law and will be finally decided by the Supreme Court. The High Court itself had granted a certificate of appeal to the Supreme Court as substantial questions of law being involved in the case. A Full Court of the Supreme Court will take the final decision on whether or not to prefer an appeal.

As we know that Certain issues dealt with by the Supreme Court collegiums on appointment of judges, personal opinions given by judges, and response to complaints against judges could not be revealed. Covering the said matters under RTI will hamper the independence of judiciary which is right now one of the basic structures of the constitution. We should not forget that there are various constitutional obligations where strict confidentiality is must for proper governance.

During the appointment of Supreme Court and High Court judges' members of the collegiums gives their free and frank opinion. If these opinions will be disclosed to public then no judge will provide free and frank opinion that will further effect the appointment of good judges.

There are also certain matters with respect to not only Judiciary but also President and the Prime Ministers office dealing with various sensitive issues day in and day out and there was a constitutional mandate and fiduciary principle that these must be kept confidential. So the independence of the judiciary should not be compromised by exposing every aspect of the work of the courts to the public.



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

Friday, January 15, 2010

Maharashtra Plastic Carry Bags law , fine up to Rs 15,000

The Maharashtra environment department has finalised its draft to amend the Maharashtra Plastic Carry Bags Management and Usage Rules. The new draft pins responsibility on the end user for carrying thin non-recyclable plastic. The municipal commissioner will be empowered to implement the Act and enforce penalty.  He can appoint any officer subordinate to him for this duty. The said draft will be put up for public comments within a week.

You will have to pay a heavy fine for carrying thin plastic bags less than 50 microns thick in the state. A person who will violate the rules can be levied a fine in the range of Rs 5,000 to Rs 15,000 for the first offence. A repeated second offence can lead to a fine up to Rs 25,000 and a third offence fine up to Rs 50,000, along with three months' imprisonment.

So far, only stockist, manufacturers, retailers could be held punishable under the law. Now, end user along with others will be held responsible. The environment department held a meeting with the civic body and other stakeholders on Thursday to finalise the draft.

It is really a great on the part of the Maharashtra state govt. that it has taken a very good step to avoid the problem faced to due use of non-biodegradable poly packs. This will help in decreasing the water pollution and water logging of different nalas upto a greater extent. The centre govt should take a similar step to amend its Act to make way for penalty on the consumers.


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

Tuesday, January 12, 2010

GNLU will organise International Moot in February in association with WTI

An international moot court competition in February this year will be organized in collaboration with World Trade Institute (WTI), Basel (Switzerland) and Gujarat National Law University. The moot will cover international law and international trade law as moot problems. The theme of the contest would be carbon trade, carbon credits and trade issues. At least 38 teams of law students from the United States, the European Union and various Asian countries are expected to participate.

The main purpose of organising the "unique" moot is to prepare law students for inter-country disputes that may arise because of the increasing number of regional trade agreements. The judges for the contest would most likely include sitting judges of the Supreme Court and members of the World Trade Organisation's and the winning team would receive a scholarship to attend WTI's Summer Academy on International Trade Regulation. This is a very good that will give an international exposure to the participating mooters.

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

Monday, January 11, 2010

re: Databases of Doctors and Dentists

Our Medical Doctor list has contact data for all American States and in many different specialties such as anesthesiology, cardiology,dermatology and emergency medicine.
This week only the list can be purchased at half price.

For details and samples please reply to this address Enid@choicemedicaldata.net. Should you wish to not be contacted again please contact Jan at rembox@choicemedicaldata.net

Law Faculty AMU Aligarh, Organizing National Seminar on Changing Dimensions of Intellectual Property Rights in Present Economics Perspective

Subject: National Seminar on Changing Dimensions of Intellectual Property Rights    in Present Economics Perspective [Feb.6-7, 2010] 

Since the topic is very thematic and timely, I hope you will be interested in the deliberation of this seminar. I hope you will contribute a paper on the theme of seminar and participate. Your participation will go a long way to make the seminar not only successful but a memorable one. 

INSTITUTIONAL OVERVIEW 

The Aligarh Muslim University, Aligarh is one of the most reputed and prestigious academic institutions in the globe. Situated in western Uttar Pradesh, it is at a distance of 130 km southeast of Delhi on the Delhi-Howrah rail route and the Grand Trunk Road. The longitude and latitude of Aligarh city are 79˚ 40' E and 27˚ 30' N respectively. The Aligarh Muslim University, a premier Central University with several faculties and maintained institutions, was established in 1920 by an Act of Parliament. It draws students from all corners of the country as well as from foreign countries, especially Africa, West Asia and Southeast Asia. It is well acclaimed for its rich heritage, culture, best traditions, secular credentials and ethos of Indian civilization. 

The faculty of Law, A.M.U is one of the oldest and well reputed faculties in India which was established in 1891 and has produced innumerable legal icons serving the nation. Popularly it is known as mother faculty because many well known law faculties in India are headed by its illustrious ex- students. The students of this faculty are rendering excellent services, both in bar as well as benches through out the nation. The faculty of Law has already introduced many new specialized subjects like Cyber Laws. Intellectual Property Rights, Human Rights, Women and laws, Environmental Laws and Clinical Legal education etc. 

The Faculty of Law, A.M.U has been successfully pursuing higher academic excellence. The faculty of law Journal entitled Aligarh Law Journal is being regularly issued with numerous researches oriented articles of the eminent personalities. Monographs and text books publication is a regular feature of the faculty. Appreciating the performance of the faculty of law, Dr. Ambedkar Chair of Legal Studies and Research has been given to it which is performing excellently. One Journal Quest for Justice and various books are being regularly published by this chair also. The faculty of law has a unique distinction in arranging large number of extra mural lectures, debates, quiz, Moot Court competitions, mock trials etc. More over at the national level, the students of the faculty have been regularly participating in various competitions, thus bringing laurels to the faculty. At the level of pedagogy, the method has lost its primacy; the emphasis today is more upon interactive learning through discussions, seminars, presentations, tutorial work etc. apart from study through case laws method.

AIMS & OBJECTIVES

A spurt of interest about Intellectual Property Rights (IPR) has been visible in the country for the almost last 15 years. The recent interest started with a curiosity and an element of apprehension but now graduated to a need based compulsion and desire to introspect into the changing dimension of IPR in present economic perspective. The newly industrialized countries (NICS) gave enough vent to this concern and aimed at not only to set new rules on IPR but also to ensure that they are enforced equitably. The mandate of Trade Related aspects of Intellectual property Agreement (TRIPS) including Trade in Counterfeiting Goods (TCG) in Punta Del EST Declaration in unmistakable term enunciates to reduce the distortion and impediments to international trade by taking into account effective and adequate protection of IPR. It was also enjoined that the 'the measures and procedures for  enforcement of IPR should not become barriers to World Trade Organization (WTO) and promulgation of TRIPS Agreement however have become more susceptible to infringement without adequate return to the creators of the knowledge. The Stakes of developer of technology in new economic perspective have become very high and hence the need to protect knowledge from unlawful use has become expedient to ensure globalization research and development (R&D) to ensure recovery and profit in globalized melt down economy. The globalization, multi- lateral trade and new economic order are continuously reducing the geographical barriers rendering the global trade very complex.  

THRUST AND THEMES 

It is under this background, changing dimension of IPR in present economic perspective become important parameters influencing trade environment and development. The IP rights in such scenario require serious engagement in view of rapidly changing technology, product life cycle and trade competitiveness. This second generation reform of Indian IP Laws poised scholars to recommend changes in the context of globalized challenges and opportunities.

The two day national seminar on Changing Dimensions of IPR in Present Economic Prospective therefore, is timely and thematic for deliberation on the following thrust areas for meaningful deliberation and recommendation of strategies for IP management and legislative reforms. 

                                    I.        Impact of WTO and IPR Realization.

                                 II.        Enforcement of TRIPS Agreement.

                               III.        Patent Laws, Indian Innovations and Licensing Policies.

                              IV.        Challenges of Copyright and cyberspace.

                                 V.        Traditional knowledge and management in Plant variety, Geographical Indication on food and Biodiversity and Its impact.

                              VI.        Emergence of Designs and Trade mark laws.

                            VII.        Trade secret and Competitive law in liberalized economy.

Participation and Registration

The Seminar is aimed at capacity building in IPR teaching and research at academic and technical Institutions, government organization, research and development sector, non-governmental organization and professionals. The National Seminar aims to bring together the scholar of IPR law and policies from academics, enforcement and implementation agencies and industrial organization. The Seminar endeavors to provide a platform to share the diversity of knowledge of multi stakeholders in IPR development and research. The primary objectives of the Seminar is establishment of synergy, inter-disciplinary approaches and unified strategy to look at Changing Dimensions of IPR in Present Economic Perspectives. The registration fee will be as follows:

1. Private/Public Sector Organization    Rs. 1000

2. Research and Development laboratory and Academic Institutions and Non-Governmental Organization        Rs. 500

3. Research Scholars and Students          Rs. 300

 

Registration fees are to be paid at the venue and Registration desks.

 

 

 

Registration Form 


National Seminar

                                                                            On        

Changing Dimensions of Intellectual Property Rights in Present Economic Perspective

[February 6 -7, 2010]


 
Name                                                                      …………………………………………… 

Organization                                                            ………………………………………… 

Address                                                                   ………………………………………… 

Email                                                                      ………………………………………… 

Phone/fax                                                               ………………………………………… 

Payment Details                                                      ………………………………………..

 

Date                                                                                                                        Download the original attachment

Signature

 

Please mail the registration form to:

Professor (Dr.) Iqbal Ali Khan                                                        Dr. Zafar Mahfooz Nomani

Convener &Chairman                                                                  Organizing Secretary

Department of Law                                                                     Department of Law                                                                    

Aligarh Muslim University,                                                           Aligarh Muslim University    

Aligarh-202002(U.P.)                                                                  Aligarh-202002(U.P)  

Mobile: +91-9927008430                                                            Mobile: +91-9897211417

 

 

For Further Details contact the following Professors:

 

Professor (Dr.) Iqbal Ali Khan

Convener & Chairman

Department of Law

 Aligarh Muslim University, Aligarh-202002(U.P.)

Mobile: +91-9927008430

E-mail :<iakhan_1402@yahoo.co.in >

OR

Zafar Mahfooz Nomani

Associate Professor of Law

Organizing Secretary

Department of Law

Aligarh Muslim University, Aligarh-202002(U.P.)

Mobile: +91-9897211417

E-mail :< zafarnomani@rediffmail.com>

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

Sunday, January 10, 2010

Nanotechnology and Intellectual Property

Universities and companies are rushing to the patent office in record numbers to patent nanotechnology inventions. There are multiple questions arising. How do we legally classify these new technologies? Who controls – and benefits from – fundamental innovations that are the foundation for future innovation? The nanotech applications are expanding the limits of science and medicine; they are stretching the boundaries of intellectual property law. As with other waves of innovation, nanotechnology will catalyze change in social, scientific, and legal arenas. Shifts in the way intellectual property (IP) is defined and administered are already becoming visible as a result of nanotechnology trends.

 

As the Biomedical nanotechnologies are unique because they cover innovations emerging from a previously inaccessible environment – the nanoscale. The watershed development which made the nanoscale accessible and catalyzed the nanotechnology field was the 1981 invention of the scanning tunneling microscope (STM), which earned its inventors the Nobel Prize for Physics in 1986 and the praise of the Nobel committee, which noted the invention opened up "entirely new fields...for the study of the structure of matter." The STM was the first of a new generation of tools empowering scientists and

Engineers to pursue possibilities at the nanoscale.

 

Now due media hype about nanotechnology, not only the scientific community but the public at large has heard about the huge impact that nanoparticles and their capabilities may have on our lives in the ongoing 21st century. How will the government resolve these issues and review patents that do not easily fit into the existing system? Any one of these issues would challenge a field of scientific endeavor; combined, they present the nanotechnology field with a complex legal landscape that will require skill and collaboration to navigate.

 

Along with a new generation of tools came a new generation of IP problems. As the Nanotechnology provides biomedical scientists, access to the nanoscale environment and its unique surface properties and other distinctive characteristics which opens the door to a world of transformative treatment possibilities. Because Nanotechnology applications did not conform to the existing classifications of IP. From an IP perspective, some aspects of biomedical nanotechnology fall easily into one of the four categories. Diagnostic equipment, for example, classifies as machinery and there are few complications with applying IP laws to this category because, in this instance, size does not matter. Materials built on a nanoscale are not treated any differently from their larger counterparts. But most of nanotechnology is not nearly as easy to classify, since many of the emerging technologies often draw upon innovations across multiple disciplines. The key difference with nanotech is the multidisciplinary nature of it. The closest example is biotech, which is a much focused technology.

 

Nanotechnology is the first technology wave highlighting a shift in IP patterns that favors universities. In the past, private companies drove the trends in IP protection, simply because they dominated the patent landscape. Universities, by contrast, have differing aims from the private sector, where protection of the individual company's interests comes first and patents may be closely held. As a result, certain lessons on how IP leads to commercialization learned from past waves, such as biotechnology, may not be applicable in this new IP landscape. University patents often emerge from basic science and, without proper oversight, can become overly broad "building block" patents, which protect fundamental concepts

upon which all subsequent advances are based. One of the unique characteristics of nanotechnology IP, as differentiated from biotech and other previous waves of innovation, is that a number of "building block" patents have issued from the outset, thereby creating a different dynamic in the IP landscape. "Indeed, many of the most basic ideas in nanotechnology are already patented or may well end up being patented. These building block patents can be very lucrative because the fundamental technologies they claim may become prerequisites for many downstream innovations, and thus can generate substantial licensing revenues for the university that holds them.

 

The complexity of nanotechnology patents means that there are potentially more players in the field than might appear at first glance. A basic nanotechnology patent may have implications for semiconductor

design, biotechnology, materials science, telecommunications, and textiles, even though the patent is held by a firm that works in one of these industries. Unlike other new industries, in which the patentees are largely actual or at least potential participants in the market, a significant number of nanotechnology patentees will own rights not just in the industry in which they participate, but in other industries as well.

 

At the same time, nanotechnology patents tend to be concentrated in a relatively small number of hands. Although there are some holders who hold nanotechnology patents, out of that IBM and MIT, hold one-half of all nanotechnology patents thus far issued. Given the potential financial rewards of bringing new technology to market, other industries, including biotech, have seen high-profile legal battles over patents. Yet the question of how the technology from these fundamental upstream patents is made available to the broader research and development community will be critical to their rapid application. Ultimately, universities are likely to be motivated by the benefits of licensing, creating a relatively free flow of building block patents to broader downstream users. Certainly, large patent-holding pharmaceutical companies are increasingly interested in obtaining licenses for nanotechnology IP.

 

A quick look at some recent developments in the field highlights just how complex the science behind nanotechnology is – a complexity that may lead to new IP territory. But this is more than just an intellectual legal exercise. Failing to find a good path around and through these complexities could stifle the development of nanotechnology- based therapeutics and diagnostics and limit the ultimate benefit for patients.

Source: http://www.nanowerk.com

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