Tuesday, March 16, 2010

Specialist Legal Recruitment Website in Asia Pacific for Legal Professionals and IP Lawyers

Hong Kong based online recruitment specialists CQrecruit have launched a new online recruitment portal focused on the legal profession across the Asia Pacific region. https://www.cqrecruit.com will carry positions for both lawyers and legal support staff including legal secretaries, paralegals, H.R. and marketing professionals and other key support functions. Press Release http://tinyurl.com/ykkqgvv

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Issues in Intellectual Property Insurance

To enhance the value of the assets, intellectual property owners should focus on the following points.During formulation of strategies to get maximum benefit from protocols available to the company are properly secured is a very important step that should be taken into account.

What insurance will litigation against your company trigger that benefits its interests? What new forms of insurance are available to IPOs that will expand opportunities to transfer litigation costs to their insurers? What claims are asserted in litigation that might implicate your opponent's right to a defense and/or indemnity covered by their insurance?Where no notice was provided to insurers of significant intellectual property lawsuits, was constructive notice provided to insurance brokers as well as insurers through the submission of 10-K reports that referenced litigation? Was the insurance broker who received constructive notice the general managing agent for the insurer such that notice to the broker can be deemed notice to the insurer?Can an insurance coverage audit reveal hidden opportunities to recapture monies paid for defense fees and settlements and/or judgments under existing insurance policies (e.g., is there "buried treasure" in previous insurer denials of tendered intellectual property claims)? Given the exposure revealed by a review of past coverage opportunities, is the present insurance portfolio properly attuned to risks the company now confronts? Can knowledge of insurance coverage help corporations reallocate risks arising from licensing activities to better assure against risks posed by defaulting or underperforming licensees? Is the company's existing coverage for corporate counsel adequate, and can new efforts be taken to track corporate litigation, monitoring costs to better preserve their recapture as part of their insurer's defense obligations? Does the company's history of acquisitions, joint venture relationships, and other forms of corporate interaction expand the coverage opportunities available to it in a manner that requires revisitation of the potential for coverage under previously filed and existent lawsuits?
Though the Insurance of Intellectual Property is growing concern for the developing countries. But it is a very important specially to  the developed economy like US. Now the US economy is ranging around 13 Trillion Dollar, Japan 4 Trillion Dollar while India is just 1 Trillion Dollar.The issues of IPR Insurance is not a serious matter in the countries which are less efficient in IP assets.  Keeping in mind the fact that the 45% of US economy is of intellectual Property and around 50% of total export of US is comprises of Intellectual Property the issues of IPR insurance should taken very seriously and the above quoted points should be properly analysed to maintain the proper growth and development in the field of IPR.

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Malihabadi Mango has been granted GI status

Malihabad mangoes have been granted Geographical Indication (GI) status after a two-year campaign by over 100 orchard owners. Malihabad is located in Indian state of Uttar Pradesh is renowned for its Dussehari mango variety and last year took its first orders from Russia and Kuwait for the fruit, despite poor production levels. Through this GI certification, the mango growers can now export their mangoes under the brand name Malihabadi, giving these mangoes a distinct identity. Malihabadis mango has had a bad harvest for the past two years and barely made profits for the growers. This time, however, it has been seen good flowering even on younger trees and also on those that had a good crop last year.

Veteran grower Kalimullah Khan, who was awarded a civilian honour by the government in 2008 for mango cultivation and grafting, said the flowering this season is something he has not seen in the last 50 Years. As per Mr. Kalimullah flowering without infestation with common pests like bhunga and laal gujia, which are also responsible for pollination, is a very rare thing this time He said the initial blooming has pleased growers, but added they were still wary about the quality of fruit the season would bring.

As per the senior scientists at the Central Institute of Subtropical Horticulture, the climate change was one of the main reasons for the flowering.The difference in temperature is behind this unusual flowering. While so far it is good news, the fact that there are no pests, including the friendly ones, is shocking.Scientists are studying this.

It is pertinent to mention that the Malihabad had already been identified as a mango belt, granting GI status has boosted the morale of Mango growers that will go in a long way to enhance the export of mango to the foreign countries.


Source: Indian Express

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Monday, March 8, 2010

Avatar director James Cameron stands accused of plagiarism by a Chinese author

Sky News reported that Beijing writer Zhou Shaomou claims the screenplay for the 3-D blockbuster

was lifted from his novel, which he put online via a contract when he could not find a publisher.

He told the China Daily he spent seven years writing the 1.2 million-word book. He said: 'Eighty per cent of the plot and the key elements of Avatar are similar to my 1997 science fiction novel Tale of the Blue Crows.'

Shaomou was reportedly unable to file a $146.5 million lawsuit against Cameron in China. The book reportedly tells the tale of the epic journey of six astronauts to a distant planet occupied by blue beings. Zhou said:'I wrote in my novel that their space journey took them six years, but in Cameron's movie the journey takes them five years, nine months and 22 days. I was shocked when I first saw that. It is too close.'

He said he was seeking to file the lawsuit for breach of copyright but had been refused by two Chinese courts. 'I realise that no one knows me in China, but I insist on fighting for my copyright. Over 10 million people have read my book over the internet.'

Of his refusal by the local courts, he said:'Nobody was supportive and many asked why someone as famous as Cameron would copy an obscure work from a little-known author. I really wanted to argue back, 'why not?''

According to a Beijing lawyer, Yang Huipeng, Zhou would have better luck filing his lawsuit in the US.

Source: www.monstersandcritics.com

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

ConferenceLex (Call for Papers): FLOSS Workshop 2010

ConferenceLex (Call for Papers): FLOSS Workshop 2010

Sunday, March 7, 2010

Digital Economy Bill Changes of UK Threat to File Sharing on Internet

Internet freedom campaigners have reacted with dismay to the proposed changes to the Bill. Supporters of Open Rights Group, warned many websites could be forced offline simply by the prospect of expensive legal proceedings. Individuals and small businesses would be open to massive 'copyright attacks' that could shut them down, just by the threat of action. It is pertinent to mention that the Digital Economy Bill of UK was announced in the Queen's speech in November 2009, with a major section dedicated to how best to deal with illegal file sharing. The Bill, currently in the report stage at the House of Lords before its third reading in the Commons, proposes a solution of several steps, which begins with a warning letter sent to those illegally downloading from their internet service provider and could end with the internet connection being temporarily suspended.

Under amendments to the Digital Economy Bill the High Court could be given the power to issue an injunction against a website accused of hosting "substantial" amounts of copyright-infringing material. It means popular websites, such as YouTube, which often unwittingly carry content uploaded without the permission of copyright holders, could be "blocked" or forced offline if the amendment is upheld.

The Internet Service Providers Association, which represents ISPs, said it was "outraged" by the plans, while TalkTalk said the plans would force ISPs to restrict access to specific sites.

The proposed law do not restrict access to a few sites but only in the most serious cases, for instance those involving child pornography or issues of national security. But more to the point, making the restriction of websites a more widespread policy would be dangerous given its major impact on internet users' human rights, freedom of expression and privacy.

However the changes would be welcomed by content creators. This is going to send a powerful message to the creative industries that the value what they do, is well respected and it is not censoring the internet, but a genuine approach to copyright protection on internet. The companies like Google, which do major file sharing are planning to face the challenges.


--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

ABA 25th Intellectual Property Law Conference April 2010

Welcome to the one annual conference that IP lawyers cannot afford to miss. Now in its 25th anniversary year, the Annual Intellectual Property Law Conference of the ABA Section of Intellectual Property Law provides a gathering of the foremost authorities on the state of intellectual property law, including judges, government officials, in-house counsel, academics, and private practitioners.

Pick up an entire year's worth of CLE credits during the 2 ½ days of quality IP programming on the issues critical to your practice. Some program highlights include:

  • The future of patent reform
  • ITC IP mediation project
  • Google books settlement
  • Defending depositions in trademark cases
  • Duty of disclosure to USPTO
  • Patent damages
  • Opinion of counsel
  • Legal aspects of social media marketing
  • Biosimilars
  • Venue transfer & forum selection
  • Interfacing with clients

The conference will also feature ample opportunities to network with your IP colleagues, whether at our Young Lawyers Welcome Reception, Corporate Counsel Reception, Women's Networking Dinner, or the popular reception at the Dolley Madison House at the U.S. Court of Appeals for the Federal Circuit. In addition, a very special 25th Anniversary Gala Dinner with entertainment and dancing is planned to fete a quarter century of this preeminent conference. 

Registration details will be available on the website soon.  We hope you will take advantage of the opportunity to enhance your expert knowledge of IP while growing your professional and social network.

For further details log on to : http://www.abanet.org/intelprop/spring2010/springbrochure10.pdf
--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Breeding Innovation and Intellectual Capital

Product Description

The book Breeding Innovation and Intellectual Capital represents a complete reference book on managing IC life cycle management. It provides the emerging opportunities in the Knowledge domain, IC Process Management aspect in enterprise, Product Development, Software Development, Engineering Services, R&D, BPOs/KPOs, Pharma, Biotechnology, Contract Research, Legal Outsourcing etc. For Process management it describes the complete organization of processes at various levels of organizational maturity in terms of Innovation and IC. In nutshell, the Integrated Innovation, Knowledge management and Intellectual Framework (I2KIC) describes a model to mature enterprise Intellectual Capital capability in the organization. This is the first model in the world to manage the IC in an integrated manner rather than adopting an approach of maturing separate functional areas of an enterprise. Also, the model centers its business strategy around IC and knowledge density. Intellectual Capital Quotient measurements (metrics) provide tools to measure metrics for both Qualitative and Quantitative aspects of Innovation and IC management. The book also provides a body of knowledge on the dynamics of Innovation movements around the world. It describes the processes, procedures, costs, applicability, definitions , appropriate offices, Costs to obtain patents in the USA, Japan, European Union, Patent Cooperation Treaty (PCT) Patent, India, Trilateral co-operation patent, Duration of applicability and the approximate time to obtain a patents in these countries.

About the Author

Dr. Ajay Batra is a Ph.D in Business Administration, Post Graduate in Human Resources Management and holds an advance Diploma in Enterprise Management. He also holds a bachelors degree in Electronics Engineering. Dr. Batra has carried out extensive research in the arena of Intellectual Property Rights (IPRS) and innovation practices for over 7 years in the regions of US, European Union and Asia. He holds many IPR s to his credit. His area of Expertise includes Intellectual Property Rights life cycle processes management in Media, Entertainment, Animation, Gaming, and Publishing companies. His research on IPR milestones in Software Development Life Cycle (SDLC)/ Product Development Life Cycle( PDLC) and other service industries is truly the first global benchmark on IPR processes. The Integrated Innovation, Knowledge Management and Intellectual Capital (I2KIC) Framework propounded by him represents the first global standard in IPRs life cycle management.

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

LONDON CONFERENCE -THE FUTURE OF US TRADE POLICY


MARCH 8TH
VENUE: LONDON SCHOOL OF ECONOMICS

THE WORLD TRADING SYSTEM AND THE CHALLENGE OF ASIA – IS THE UNITED STATES A HELP OR A HINDRANCE?


Date: 8th March 2010
Time and Venue: 17.00-18.30, LSE, Connaught House, Room: H102
Limited Seats Available: RSVP with itpu@lse.ac.uk


Ambassador Franklin Lavin will give his assessment of the USA in the world trading system today, focusing on the rise of Asia and China in particular. What should the US be doing in the wake of the global economic crisis? What trade-policy legacy did the Bush administration leave? What is the Obama administration's record and what are its prospects? In particular, what are the prospects for the US-China relationship, and for US-Asia trade relations more widely? What implications for the EU?

Frank Lavin will draw on his extensive experience as a policy-maker in three US administrations – most recently as Undersecretary for International Trade in the Commerce Department and US ambassador to Singapore – as well as his long-standing business experience in Asia, to address these questions. He will do so in his typically forthright manner.


Frank Lavin is the Chairman of the Public Affairs Practice for Edelman Asia Pacific, working with companies across the region as they grapple with regulatory challenges and sensitive government relations issues. He also sits in the Advisory Board of ECIPE. In Government, Lavin served as Under Secretary for International Trade at the U.S. Department of Commerce 2005-2007. In that capacity, Lavin was as lead trade negotiator for both China and India and was the senior policy official in the Department responsible for commercial policy, export promotion, and trade negotiations across the globe. Lavin was U.S. Ambassador to the Republic of Singapore from 2001-05, where his duties included helping negotiate the landmark U.S.-Singapore Free Trade Agreement. In the private sector, Lavin served in senior finance and management positions in Hong Kong and Singapore with Cushman & Wakefield Investors Asia, Bank of America, and Citibank. Earlier in his career, Lavin served in the George H.W. Bush and Reagan Administrations, working in the Department of Commerce, Department of State, National Security Council, and White House. Lavin served as Director of the Office of Political Affairs in the White House 1987-89.

The European Centre for International Political Economy (ECIPE) is an independent and non-profit policy research think tank dedicated to trade policy and other international economic policy issues of importance to Europe. Launched in 2006, ECIPE has quickly established itself as one of the leading European policy-research institutes in the fields of the world economy.

The International Trade Policy Unit (ITPU) aims to serve the needs of the academic, policy, business, and civil society community. We conduct research, evaluation, and educative and capacity building projects that address the numerous and complex policy and business implications of trade agreements at the multilateral, regional and national levels.



--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Growing Boundaries of E-Commerce Law

In essence, e-commerce involves the buying and selling of products or services over the Internet and other computer networks.  Substantial commerce has been generated in this way, resulting in new patents for such developments as electronic funds transfer, supply chain management, online transaction processing, inventory management systems, and automated data collection systems.

Due to fast growth of e-commerce, law professionals with expertise knowledge are required for drafting e-commerce related patent applications and securing patent protection for inventions regarding the use of wireless telecommunications systems, automatic teller machines, computer networks and combinations thereof in support of a wide range of e-commerce activities for businesses around the world including the India, United States, Germany and Japan.

E-commerce practice also includes securing intellectual property protection and initiating and defending causes of action in courts regarding patent infringement, domain name disputes and cyberpiracy causes of action and before international domain name dispute organizations organized under the Internet Corporation for Assigned Names and Numbers (ICANN).

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

SpicyviewsLex: Paradigm Shift In Women Law Practice

SpicyviewsLex: Paradigm Shift In Women Law Practice

Saturday, March 6, 2010

Intellectual Property Symposium: The Domestic Impact of Intellectual Property in a Global Society


Join the University of Baltimore School of Law, its Intellectual Property Law Journal, the Intellectual Property Law Society, and the International Law Society on Friday, March 26 for a half-day symposium on current issues in intellectual property law!  An agenda is below; please note that the agenda is subject to change.  To register or for more information, visit the calendar entry for this event.

Please note: CLE accreditation will be available for practitioners licensed to practice in Delaware, Pennsylvania and Virginia (pending application approval by each state's CLE governing agency). After attending the full symposium, practitioners from these states will be provided with a Certificate of Completion and the governing CLE agency of each state will be notified of attendance as may be required by each state's rules and procedures.

8:30-9 a.m.    Registration/Continental Breakfast

9-9:15  a.m.   Welcome Remarks

9:15-10:30 a.m.
D. Beryl Gardner   
U.S. Patent & Trademark Office    
Gray Market Goods and Recording with the U.S. Customs and Border Protection: Where Section 526 May be Limited by Interpretation, What are the Alternative Measures for Trademark Enforcement
   
Joseph Karl Grant   
Capital University School of Law   
The Graying of the American Manufacturing Economy: Gray Markets, Parallel Importation, and a Tort Law Approach

A question and answer session will follow.   

10:30 - 10:45 a.m.  Break

10:45 a.m. -12:45 p.m.
Jim Adduci
Harvey B. Fox    
Adduci, Mastriani & Schaumberg, L.L.P.    
ITC & Effective Section 337 Enforcement Before the U.S. International Trade Commission and U.S. Customs and Border Protection
   
Michael E. McCabe, Jr.
Eric W. Schweibenz   
Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.   
The Growing Popularity of the International Trade Commission as a Preferred Forum for Enforcing U.S. Patent Rights
   
S. Alex Lasher    
Alston & Bird LLP   
The Evolution of the Domestic Industry Requirement in Section 337 Investigations Before the United States International Trade Commission
   
Janine A. Carlan    
Arent Fox LLP   
Remarks TBD

A question and answer session will follow.
   
12:45-1:30 p.m. Lunch



--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

INTERNATIONAL CONFERENCE ON “CYBER CRIMINOLOGY”

Organized by
DEPARTMENT OF CRIMINOLOGY UNIVERSITY OF MADRAS
Knowledge Partners Ernst & Young,Valiant Technologies Pvt. Ltd, and Indian Society of Criminology
Dates : March 23rd and 24th , 2010 Venue of the Conference: Hotel Breeze, No. 850, Poonamallee High Road,Chennai 600 010
Legislating against electronic crimes such as spam and ID fraud will not reduce the problem; instead, education for small businesses and consumers and cooperation between countries is the answer. Although some legislation is required to fight internet-based crimes, alone, it will make no difference unless backed up by corporation between international law enforcement agencies and education for computer users - EURIM, and Institute for Public Policy Research (IPPR). As long as people are so easily fooled by scammers, no amount of legislation will solve the problem of phishing, where fake emails are sent to online banking users asking them to "confirm" their password and username; under no circumstances are you supposed to reveal the whole password - nobody at the bank will ask for more than a few random letters from it - and yet people have been giving the complete phrase to the phishers, says Philip Virgo, Secretary general of EURIM.
The above statement clearly emphasizes the importance of imparting cyber crime awareness and education to end users. At the same time there is also a need to understand cyber crime from a non-technical approach like
understanding the criminological and victimological aspects, how it can effect various affected parties and how we can protect and prevent malicious and damaging attacks on our network and business both in private and
government sector. It is with this idea, the present International Conference on Cyber Criminology is being organized during 23rd and 24th of March 2010.

The aim of this conference is to establish a multidisciplinary forum for information sharing, team building and the development of innovative debate on cyber security, investigations, forensic techniques /technologies and legal concerns amongst investigators, criminologists, victimolgists, information assurance and network security professionals.
Registration:
The registration for the conference is open to anyone who is interested in the field of information security, cyber forensics, cyber laws, intellectual property rights and related areas. The registration fee for the conference is Rs. 4,000/- for the delegates and Rs. 500/- for the students (limited entries only)which may be sent as a Demand Draft drawn in favour of "Cyber Criminology" to "Professor and Head, Department of Criminology" payable at University of Madras, Chennai 600 005. The Demand Draft should be sent along with the registration form to "Dr.R. Thilagaraj, Professor and Head, Department of Criminology, University of Madras, Chennai 600 005" who is the Organizing Secretary of the conference on or before 25th of February
2010. Organizing Committee: Organizing Secretary: Dr.R. Thilagaraj, Professor and Head, Department of Criminology, University of Madras, Chennai 600 005 Organizing Committee Members:
1. Dr. K. Rama Subramaniam, Director and CEO, Valiant Technologies Pvt. Ltd.
2. Mr. M.P. Badrinath, Director(Risk Advisory Services), Ernst & Young.
3. Mr. A. Vijayakumar, AGM (Information Security), Karur Vysya Bank, Chennai.
4. Dr.S. Latha, Secretary, Indian Society of Criminology and Faculty of Criminology.
5. Mr.A.R. Raghavan, Chief Operating Officer, Valiant Technologies Pvt. Ltd.
Any further queries can be sent to the organizing secretary to the above mentioned address or to
ph: 044 – 25366988, 9840247256 

University of Madras & Department of Criminology : The University of Madras was established in the year 1857. This University is the mother of almost all the Old Universities of Southern India. This University has been growing from strength to strength while widening its teaching and research activities. The University is situated just before the Asia's 2nd longest beach viz., Marina Beach. The new Department of Criminology came into existence in the University of Madras in April 1983. Though it is a new department, the Department
of Criminology is striving for academic excellence through its various research and training activities over the last 26 years. The Department offers the following courses:
1. M.A. in Criminology & Criminal Justice Administration
2. M.Sc., in Cyber Forensics & Information Security
3. Diploma in Cyber Crime and Information Security The Department is selected as the Centre for Excellence in Cyber Forensics by the Government. Ernst & Young' (or "EY") is one of the largest professional services firms in the world and one of the Big Four auditors, along with PricewaterhouseCoopers (PwC), Deloitte and KPMG. Ernst & Young is a global organization of member firms in more than 140 countries. Its global headquarters are based in London, UK and the U.S. firm is headquartered at 5, Times
Square, New York. According to Forbes magazine, as of 2008 it is also the 9th largest private company in the United States. Valiant Technologies Pvt. Ltd. (V-Tech) is established in the year 2002 with the objective
of emerging as a reliable provider of end-to-end nformation security consulting and training solutions to enterprise operating in different business segments – commercial enterprises, government departments, law enforcement, judiciary, and armed forces. In addition, V-Tech has worked very closely with academic institutions by offering expertise to design and implement education programs in the areas of information security and digital forensics. Valiant provide to its clients with the kind of assurance and comfort level that they would require when it comes to information security. Their 'security-only' approach differentiates them from other consulting organizations that 'also' offer security services. This differentiator permits the consultants who bring with them over 100 consultant-years of experience, to offer solutions that assist clients in identifying, assessing and minimizing virtually every type of risk associated with information security activities. Valiant's Director and CEO, Dr K Rama Subramaniam who has over two decades of experience in the areas of information security management, technology, assurance and digital forensics, heads the team of consultants who bring in a rich blend of academic excellence and proven consulting delivery capability. The Indian Society of Criminology was established in the year 1970. The Society, which was started with the objectives of advancing the study and application of Criminology and allied sciences for the welfare of society and for facilitating co-operation among persons interested in the prevention and control of crime developed in a short period, into a pioneering national organization due to the efforts of the dedicated founders. The Society has been seeking to attain its objectives by organizing annual conferences, seminars, workshops, periodical symposia, training programmes and public lectures with themes of current interest in society, crime and its prevention and rehabilitation of the offenders, thus involving the people against crime and delinquency and also
stimulating interest among the members of the Criminal Justice System in applying criminological approach to the problem of crime.

INTERNATIONAL SEMINAR ON CYBER CRIMINOLOGY Department of Criminology University of Madras
Registration Form
Name :
Gender :
Educational Qualifications :
Occupation and designation:
Address:
Office :
Residence:
Phone: ( O )……………… (M)
Email :………………………….
Registration fee particulars:
Amount: Rs…………………………
Demand Draft No…………………, Bank
drawn……..
Date……………………
Signature

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Friday, March 5, 2010

2010 Summer Internships

Creative Commons is once again seeking bright, enthusiastic students to work at the San Francisco office for ten weeks this summer. Students have the opportunity to work with CC staff and international volunteers on various real-time projects. Assigned tasks and projects will vary depending on interns' skill & experience, as well as organization needs. If you are a currently enrolled student (College, Graduate levels, or somewhere in between) interested in applying, please read the descriptions carefully and follow the instructions below.

In addition to contributing to real-time work projects, interns will be invited to participate in external meetings, staff meetings, inter-organization competitions & discussions, and potential evening events. Staff will encourage interns to also self-organize visits to local organizations, and to find ways to connect with various community members.

Eligibility:

  • Internships are open to students enrolled across the spectrum of disciplines;
  • Internships are open to students at different levels of academic study including undergraduate, graduate and PhD. programs.
  • Internships are open to international students who are eligible to work abroad from an accredited university and/or through a third-party work-study program.

Internship terms:

  • The internship will last for ten weeks from June 7 to August 13.
  • The internships are full-time, temporary positions.
  • Applicants should plan on spending the summer in San Francisco.
  • Please also be ready to assist with general office tasks in addition to focused projects.

Compensation:
Creative Commons offers a stipend of $4,000, if not otherwise covered by grant funding. If your school offers a stipend for work-study or internships, this factor is figured into the compensation.
This stipend may not be sufficient to cover living expenses in the bay area area. No other benefits are provided. Interns must make their own housing, insurance, and transportation arrangements.

Internships Available:

Technology Internship
This internship position will focus on aiding the Chief Technology Officer and Software Engineers with the development of software and maintenance of services. Knowledge of Linux, PHP, and Python is a must. Prefer applicants who have contributed to open source projects.

Legal Internships
These internships, geared towards law students who have completed their second year of study, will focus on intellectual property and copyright as relates to creative works shared on the internet. Applicants should have completed their second year of study at a top tier law school, two courses on intellectual property, including fundamentals of copyright, and provide ideally have significant interest in and experience with IP, including experience at a law firm or other legal organization. Interns may be asked to provide a writing sample on a topic chosen by CC.

Graphic Design and Media Development Internship
This internship will be geared toward second or third year design students. The design intern will work closely with the Creative Commons senior designer and development team to create and improve online assets, with possible promotional and marketing material development. Must have Photoshop, Illustrator, HTML and CSS skills. Javascript and UI/UX design experience is encouraged. Prefer applicants who are interested in open source or free culture issues.

How to apply:

If you are a college or graduate student interested in our internship program, please send us your:

  • Cover Letter explaining your interest in Creative Commons, in the position, and any other relevant experience not covered in your resume.
  • Resumé
  • Two References: Please include email and phone number.
  • Indicate open source or other CC/open licensed projects to which you have contributed.
  • Indicate which position(s) you are interested in applying.
  • Design students: Please include portfolio.

Applications and questions can be sent to:

Jennifer Yip
Operations Director
jennifer[at]creativecommons.org
fax: 415.278.9419

The application deadline for Summer 2010 is 11:59 p.m. PST, Friday, March 26, 2010.

For more information log on to: http://creativecommons.org

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Are We Forensically Ready to Face the Challenges of Cybercrimes?

The latest trends in cybercrimes  mandates that we have to have at-least Minimum Mandatory Forensic Readiness Policy in place. The new measures should be designed to better manage information risk, protect personal information of citizens and minimise risk surrounding authorised access to protectively marked information.
 
But how exactly can we become 'Forensically Ready'? The term itself relates to the ability to forensically examine our data estate so that we know where all of our data resides, we know who has accessed, copied or moved individual files, and we are capable of conducting a forensic data audit in the event of a breach. This level of security can't be handled with simple intrusion detection tools. What's needed is a comprehensive cybersecurity platform to deliver the Privacy Impact Assessments. 
 
A simple litmus test can help us to understand whether we are ready and able to face new challenges. Ask ourself these three simple questions:
 
• Do we know where all your data resides?
• In the event of a breach, can we prove that all the correct processes and procedures are in place?
• Does our agency/department fully understand and follow the elements of good data handling practices?
 
The ability to audit our data will enable us to track the flow of sensitive data within our organisation and ensure that only authorised movement occurs. For example, employees are going to move around an organisation internally. Are we able to assess whether they have taken data with them when they move? Are they authorised to do so? Is data where it is supposed to be or allowed to be? When unauthorised movement takes place, this can be flagged and corrective action can be taken. 
 
Have we analysed out the financial price of non-compliance with data reporting requirements, e.g. increased legal fees related to the disclosure of an increased number of custodians? Investment in an effective data audit solution can reduce long term spending by eliminating the need for expensive third party consultants. 
 
Are we able to manage the risk to our reputation if a data breach occurs on our watch? Public sector organisations handling data relating to the most vulnerable in society carry a burden of trust. Private sector organisations that suffer a data loss are likely to pay the price in loss of customers and a falling share price; public sector organisations may not suffer such tangible consequences directly, but the risk to their reputation and governance is as real.
 
Forensic Readiness – Five Key Guidelines
To have a robust Forensic Readiness Plan in place, organisations and departments need to be able to gather evidence on potential criminal activity or disputes legally and without causing disruption to day-to-day business. 
 
This must also be done cost-effectively and in proportion to the incident - don't go spending crores of rupees of taxpayers' money on a simple data access request. On the other hand, don't scrimp on spending if it's a major criminal investigation. Some of the key elements of putting together a Forensic Readiness Plan are:
 
1. Define the business scenarios that require digital evidence. When is it appropriate to gather evidence and when is it not? 
 
2. Identify sources of evidence and what sort of evidence it is. Make sure you have the resources to hand to look for it. 
 
3. Know what you're looking for before you go and look for it. Don't gather too much or too little. Have a clear idea of what circumstances need to be in place to trigger a fuller investigation.
 
4. Establish security and storage rules for the handling of evidence.  Keep an eye on the evidence once you have it – and make sure staff understand the consequences of not following these procedures.
 
5. Provide a documented a real-world example that everyone can run through in advance.  Ensure that all parties, including legal, are confident that the processes in place are correct.

So there is a real challenge to forensic computing and cyberforensics and these branches are not yet fully developed. But by following the guidelines provided above we may reduce the danger to data protection and cyberevidnece/computer evidence  to a greater extent.


--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Calcutta HC Stays the Rin Ad in Rin v. Tide on the Ground of Disparagement

 

The Calcutta High Court today restrained FMCG major Hindustan Unilever from telecasting its controversial comparative Rin v/s Tide TV commercial

Delivering its judgement on a petition filed by rival Procter and Gamble (P&G), the maker of the detergent Tide, Justice Patheriya ruled that the present commercial amounts to a clear case of disparagement i.e a manufacturer is not entitled to say that his competitor's goods are bad so as to puff and promote his goods. 

On a submision by HUL that there were technical difficulties pertaining to satellite feeds in immediately withdrawing the commercials, the order will be applicable from Monday, 8 March. In the meanwhile HUL has agreed to reduce the frequency of the ads, till its withdrawal.

The injunction has been granted on the following grounds:

a) The HUL ad depicted Tide Naturals whereas the voice-over was for Tide;

b) The laboratory reports produced by HUL under cover of two affidavits in support of its claim of superior whiteness had inherent defects i.e the ad drew comparison of samples of Tide and Tide Naturals;

c) The judgements quoted by HUL pertained to print media and not television or electronic media, which have a wider impact and reach. Thus the judgements were not applicable.

It appers that the recent battle between P&G and HUL is long drawn, with its roots linked to an earlier suit, filed by HUL against P&G in Chennai on 25 February 2010, wherein HUL was successful in obtaining injunction against P&G for its Tide Natural commercial claiming that the detergent contains natural ingredients such as lemon and 'chandan' (sandalwood).

 

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School
KIIT University, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com
   http://tabrezahmad.typepad.com/blog/
Research Papers: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1189281

Wednesday, March 3, 2010

Leading Islamic Scholar’s Detailed Fatwa Against Suicide Bombing and All Forms of Terrorism - Shaykh Tahir Qadri


A torturous spate of terrorism that continues unabated for last many years has brought Muslim Umma in general and Pakistan in particular into disrepute. There is no gainsaying the fact that the Muslims on the whole oppose and condemn terrorism in unequivocal terms and are not ready to accept it even as remotely related to Islam in any manner. However, a negligible minority amongst them seems to give it a tacit support. Instead of openly opposing and condemning terrorism, these people confuse the entire subject by resorting to misleading and perplexing discussions. Injustice being currently meted out to the Muslims in certain matters, double standards displayed by bigger powers and their open-ended and long-term military engagements in a number of countries, under the pretext of eliminating terror, form some of the fundamental local, national and international causes that underpin terrorism, and add a punch to the war cry of militants.


Similarly, the terrorists' recourse to violence, indiscriminate massacre of humanity, suicide bombings against innocent and peaceful people, and bomb blasts on Mosques, shrines, educational institutions, Bazaars, governmental buildings, trade centres, markets, security installations, and other public places, which are heinous, anti-human and barbarous steps in their very essence, have become a routine affair. These people justify their actions of human destruction and mass killing of hundreds of innocent people in the name of Jihad and thus distort, deform and confuse the entire Islamic concept of Jihad (holy struggle against evil). This situation is causing Muslims in general and the Muslim youth in particular to fall prey to doubts and reservations besides muddling their minds in respect of Jihad because those perpetrating these atrocities are from amongst Muslims. They practice Islamic rituals, perform acts of worship and wear appearance delineated in Sharia. This has put not only the common Muslims but a dominating majority of religious scholars and intellectuals too into a paradox, bewildered to know truly the exact and precise Islamic injunctions about the way of workings, methods and measures these individuals and groups have adopted to cause the havoc.


Furthermore, the Western media is in wont of over-projecting the incidents and episodes of terrorism and extremism about the Muslim world, and does not at all highlight positive and constructive aspects of Islam, its peaceful teachings and anthropological philosophy and orientation. So much so, that it does not even reflect hatred, condemnation and opposition towards extremists, militants and terrorists that permeate the Muslim societies. The negative outcome of this attitude has appeared by way of bracketing both Islam and terrorism together. Consequently, the western mind starts conjuring up the picture of terrorism and extremism at a slight mention of the word 'Islam', putting the Western-bred and educated youth in a quandary, leaving them more beleaguered than before. The present generation of Muslim youth in the entire Islamic world is also falling victim to mental confusion and decadence intellectually, practically and in the domain of beliefs and religious tenets.

Because of this situation, two kinds of negative responses and destructive attitudes are forming up: one in the form of damage to Islam and the Muslim world, and second a threat to the Western world in particular and entire humanity in general. The damage to Islam and Muslim world is that the Muslim youth, not completely and comprehensively aware of Islamic teachings, regard terrorism and extremism as emanating from religious teachings and attitudes of religious people under the influence of media; hence, they are getting alienated from religion. This misplaced thinking is leading them to atheism, posing lethal dangers to the Muslim Umma in future. Contrary to this, the damage threatening the Western world in particular, and entire humanity in general, is that the above-mentioned policies and racial profiling of the Muslims is inciting negative response among some of the Muslim youths who regard these forays against Islam as an organized conspiracy and enmity by some influential circles in the western world. By way of reaction, they are either gradually becoming extremists, militants and terrorists, departing moderation and poised outlook on life, charged with hatred and revenge, or are being grown and groomed into the design. Thus, the Western policies are instrumental in producing and inducting new potential terrorist recruits and workforce, with no end in sight. In both the cases, the Muslim Umma as well as humanity are heading towards a catastrophe.

Moreover, these circumstances are heightening tension, creating larger trust deficits between the Islamic and the Western worlds. The increase in terrorism is paving the way for greater foreign interference in and pressure on the Muslim states. This widening gulf is not only pushing the humanity towards inter-faith antagonism at the global level but also reducing to nothingness the possibilities of peace, tolerance and mutual coexistence among different human societies on the globe.

We thought it necessary, under these circumstances, to put the Islamic stance on terrorism precisely in its right perspective before the Western and Islamic worlds, in the light of the Holy Quran, Prophetic traditions and Books of Jurisprudence and Beliefs. We want to put across this point of view before all the significant institutions, valuable think tanks and influential opinion-making organizations in the world so that the Muslim and non-Muslim circles, entertaining doubts and reservations about Islam, are enabled to understand Islam's standpoint on terrorism more clearly and unambiguously. The contents of this research work have been summarized here briefly.

The first chapter of this document, explaining and elaborating the meaning of Islam, discusses its three grades i.e. Islam (peace), Iman (faith) and Ehsan (Spiritual Excellence). These three words, both literally and metaphorically, represent peace, safety, mercy, tolerance, forbearance, love, affection, benevolence and respect for humanity.

It has been proven in the second chapter of this document through dozens of Quranic verses and Prophetic traditions that the mass killing of Muslims and perpetration of terrorism are not only unlawful and forbidden in Islam but also denote the rejection of faith. Through reference to the expositions and opinions of jurists and experts of Exegeses and Hadith, it has been established that all the learned authorities have held the same opinion about terrorism in 1400-year-old history of Islam.

The third chapter of this edict describes the rights of non-Muslim citizens quite comprehensively. The opinions of all the leading jurists have also been listed in the light of various Quranic verses and Prophetic traditions.

In addition to that, the most important point this research study has undertaken to make revolves around the thought, ideology and mindset, which pits a Muslim against another and finally leads him to massacre innocent humanity. Such a mindset not only regards the killing of women shopping in markets and School-going girls permissible but also a means of earning rewards and spiritual benefits. What power or conviction rouses him to kill people gathered in the mosque, and earn Paradise through carnage? Why does a terrorist decide to end his own life, the greatest blessing of Allah Almighty, with his own hands through suicide bombings? How he comes to believe that, by killing innocent Muslims through suicide bombing, he would become a martyr and enter Paradise? These are the questions whirling in the mind of every person possessing common sense. While furnishing befitting answers to these emerging questions, we have resorted to those historical facts, besides scholarly arguments, which the Holy Prophet (blessings and peace be upon him) himself identified. Undertaking the comprehensive analysis of signs, beliefs and ideologies of Khawarij through the Quranic Verses, Prophetic traditions and jurisprudential opinions of jurists, we have established that the terrorists are the Khawarij of the contemporary times.

After declaring this forbidden terrorist act rebellion, gory brutality on earth and an act of infidelity, we have drawn the attention of all the responsible powers and stakeholders under the topic, "Call to Reflect and Reform" to the need of eliminating all the factors that cause people to entertain doubts, and reinforce the hidden hands actively engaged in spreading the plague around. Another theme under discussion these days emphasizes that since foreign imperialist powers are making unwarranted and unjustified interference in Muslim countries including Pakistan, the so-called Jihadi groups have come in their way to launch the offensive, inflicting upon them a devastating blow. Their action though not right and justifiable, they should not be reviled and condemned because their intention is to defend Islam. In our view, this is an awful witticism and a deplorable stance. To remove the misconception, we have specified a brief portion of the treatise in the beginning to this subject as well, bringing to the fore the fact in the light of the Quran and Hadith that evil cannot become good under any circumstances, nor can oppression transform itself into virtuous deed due to goodness of intention.

After these explanatory submissions, we also regard it our fundamental duty to let everyone know without any grain of doubt that we are going ahead with the publication of this research work solely for the sake of respect and dignity of Islam and service of humanity. We do not mean to condone or approve the unpopular and unwise policies of global powers through this Edict, nor do we aim to justify the wrong policies of any government including that of Pakistan. We neither seek pleasure of any government, nor tribute or appreciation from any international power or organization. Like always, we have taken initiative and are performing this task as a part of our religious obligations. Our objective in doing so is to wash off the stain of terrorism from the fair face of Islam, familiarizing the Muslims with real teachings of the Holy Quran and Sunna and try to rid the suffering humanity of the raging fire of terrorism.

May Almighty Allah bless this endeavour with His benevolent acceptance through the holy means of His Beloved Messenger (blessings and peace be upon him).

The questions striking minds and their brief answers

The heart-stabbing gory scenes of the acts of terrorism jolt the minds of all the eminent and common people of the world with some gruesome questions that demand satisfactory answers. We have attempted to serve detailed, logical and matter-of-fact replies to these inquiries. Brief answers to these questions are appended here in sequence, while their details have been presented in the same order in subsequent chapters of this research work.

1. The first question in this connection that bothers all relates to use of force to spread beliefs: Is it lawful for a group or organization to use force to promote and put into effect their own creed and beliefs in the name of reforming others' beliefs and ideologies, presuming themselves to be on the right path? Does Islam allow, somehow, the killing of people maintaining ideological differences, looting their wealth and properties and destroying mosques, religious places and shrines?

• Islam is a religion of peace and safety that champions love and harmony in society. According to Islamic teachings, only such a person will be called a Muslim at whose hands the lives and properties of all the innocent Muslims and non-Muslims remain safe and unhurt. The sanctity of human life and its protection occupies fundamental place in the Islamic law. Taking anyone's life for nothing and killing him is an act forbidden and unlawful. Rather, in some cases, it amounts to infidelity. These days, the terrorists, in a vain attempt to impose their own ideas and beliefs and eliminate their opponents from the surface of the earth, killing innocent people ruthlessly and indiscriminately everywhere in Mosques, Bazaars, governmental offices and other public places are in fact committing manifest infidelity. They are warned of humiliating torment in this world and in the hereafter. Terrorism, in its very essence, is an act that symbolizes infidelity and rejection of what Islam stands for. When the forbidden element of suicide is added to it, its severity and lethality becomes even graver. Scores of Quranic verses and Prophetic traditions have proved that massacre of Muslims and terrorism is unlawful in Islam; rather, they are blasphemous acts. That has always been the edict unanimously held by all the scholars that have passed in the 1400 year Islamic history, including all the eminent Imams of Tafseer and Hadith and authorities on logic and jurisprudence. Islam has kept the door of negotiation and discussion open to convince by reasoning, instead of taking up arms to declare the others' standpoint wrong, and enforce one's own opinion. Only the victims of ignorance, jealousy and malice go for militancy. Islam declares them rebels. They will abide in Hell.

2. The second question in this regard is: what are the rights of the non-Muslim citizens in a Muslim state?

• Islam not only guarantees the protection of life, honour and property of Muslim citizens of an Islamic state, but also assures the equal protection of life, honour and property of non-Muslim citizens and of those people too with whom it has entered into a peace treaty. The rights of non-Muslim citizens enjoy the same sanctity as those of Muslim citizens in an Islamic state. There is no difference between them as human beings. That is why Islamic law metes out equal treatment to both Muslims and non-Muslims in blood money and Qisas. Non-Muslims have complete personal and religious freedom in a Muslim society. Their properties and worship places also enjoy complete protection. Besides non-Muslim citizens, even the ambassadors of non-Muslim countries and others working on diplomatic assignments have also been guaranteed complete protection. Likewise, the protection of life and property of non-Muslim traders is the responsibility of Islamic state. Islam does not allow and recommend the use of violence against and killing of peaceful and non-combatant citizens under any circumstances. Those indulging in attacks on peaceful non-Muslim citizens, kidnapping them for ransom, and torturing them mentally and physically, keeping them under unlawful custody, are in fact committing serious violation of Islamic teachings.

3. The third question arises: does Islam offer manifest commands on the sanctity of human life? Is it lawful to kidnap and assassinate the foreign delegates and innocent and peaceful non-Muslim citizens to avenge the non-Muslim global powers' wrongs and atrocities?

• The emphasis Islam lays on the sanctity and dignity of human life can be gauged from the fact that Islam does not allow massacre even when Muslim armies are engaged in the event of war against enemy troops. The killing of children, women, the old, patients, religious leaders and traders is strictly prohibited. Nor can those who surrender their arms, confine themselves to their homes and seek shelter of anyone be killed. The masses cannot be massacred. Likewise, worship places, buildings, crops and even trees cannot be destroyed. On the one hand, there is a clear set of Islamic laws based on extreme discretion, and on the other, there are people who invoke the name of Islam to justify the indiscriminate killing of people, children, and women everywhere, without any distinction of religion and identity. It is a pity that such barbaric people still refer their activities as Jihad. There can be no bigger discrepancy than that seen around on earth. This can no way be permissible to keep the foreign delegates under unlawful custody and murder them and other peaceful non-Muslim citizens in retaliation to their interference, unjust activities and aggressive advances. The one who does it has no relation to Islam and the Holy Prophet (blessings and peace be upon him).

4. The fourth and very significant question underlines rebellion: Is armed struggle permissible against the Muslim rulers to remove their governments because of their non-Islamic policies, or get accepted the demands, bring them on to the right path, giving up their impious activities? Is rebellion permissible against the constitutional government, its writ and governance? What should be the legitimate way to change the rulers or make them mend their ways?

• Islam is not merely a religion. It is a complete Din, a code of life. Providing a complete set of principles for every walk of life, it has also made arrangements for the protection of the collectivity of society. The rights and duties of state institutions have manifestly and clearly been spelled out. All citizens of Muslim state have been placed under obligation to abide by state laws, rules and regulations. One of these principles is that a Muslim state and society should be a paragon of peace, and mutual coexistence. That is why Islam strictly prohibits the taking up of arms against a Muslim state, challenging its authority and writ, and declaring war against it. Islamic law holds such an action as rebellion. God forbid if such conditions are created, then it is the principal responsibility of an Islamic state to take urgent measures to eliminate rebellion with iron hand and exterminate terrorism so that no individual or group can dare destroy the social harmony of society, ruin peace and shed innocent blood. Islam holds the peace and tranquility of a society, in general, and of a Muslim state, in particular, so dear that it does not allow people to raise the banner of revolt in the name of injustice, oppression and other vices of ruling elite. In the light of Prophetic traditions, the banner of rebellion against a Muslim state cannot be raised unless the rulers commit explicit, declared and absolute infidelity, and stop the performance of religious rituals like prayer through the use of force.

The conditions leading to forbiddance of rebellion in the light of the Quranic verses, Prophetic traditions and expositions of the jurists are evident. Referring to Holy Companions, their successors, Imam Abu Hanifa, Imam Malik, Imam Shafai, Imam Ahmad Bin Hanbal and other leading jurists, the fact has been brought to light that absolute consensus exists among all the leading jurists on total forbiddance of rebellion against Muslim state, and there is no difference of opinion between any schools of thought. Such a rebellion as challenges the writ of the state, and has been launched without the collective approval and sanction of society, is but a civil war, blatant terrorism and an obvious act of strife. It can never be called Jihad under any circumstances.

As for struggle to reform some impious Muslim ruler or state, that is not at all prohibited or disallowed. The forbiddance of rebellion and armed struggle should not mean at all that an evil should not be called an evil and no effort be made to stop its spread, or the obligation of faith to bid good and forbid evil be abandoned. Certification of truth and rejection of falsehood is binding upon Muslims. Likewise, seeking to reform society and fight off evil forces is one of the religious obligations. The adoption of all constitutional, legal, political and democratic ways to reform the rulers and the system of governance, and stop them from violation of human rights is not only lawful but also binding upon Muslims. Making efforts at individual and collective levels to establish truth, end reign of terror and oppression and restoration of a system of justice forms the part of obligations of faith.

5. The element of Khawarij is unforgettable in the history of terrorism. The question arises: who were Khawarij? What does the Islamic law ordain about them? Are the present day terrorists a continuation of Khawarij?

• The Khawarij were the rebels and apostates of Islam. Their advent took place during the period of the Prophethood (blessings and peace be upon him). Their intellectual growth and organized emergence took place in the Osmani and Alvi periods respectively. These Khawarij were so punctual and regular in performance of religious rituals and acts of worship that they would appear more pious than the holy Companions would at times. However, in keeping with the manifest command of the Holy Prophet (blessings and peace be upon him), they were absolutely out of the fold of Islam. The Khawarij would not only regard the killing of Muslims as lawful, reject the Companions for their disagreement with them, raise the slogan 'there is no Command but Allah's', consider the launch of armed struggle and killing against Hazrat Ali (ra) as lawful, but would also keep on perpetrating these heinous actions. These Khawarij were in fact the first terrorist and rebellious group that challenged the writ of state and raised the banner of armed struggle against a Muslim state. The texts of Hadith clearly establish that such elements would continue to be born in every age. By Khawarij is not meant merely a group which took up arms against the rightly guided Caliphs, but it encompasses all those groups and individuals bearing such attributes, ideologies and terrorist way of action who would continue to rear their head and perpetrate terrorism in the name of Jihad till the Day of Judgment. Despite being almost perfectionist in the performance of manifest religious rituals, they would be considered as being out of the fold of Islam for their wrong and misplaced ideology. A Muslim state cannot be allowed to give them any concession in the name of dialogue or stop the military action without their complete elimination in the light of instructions of the Holy Prophet (blessings and peace be upon him). The only exception when they can be spared is that they lay down their arms, repent of their actions and vow to honour the state laws and writ of the Muslim state.

6. What are the measures that the government and the ruling classes should take to put an end to mischief-mongering, terrorist activities and the armed strife?

• The government and the law enforcing agencies should, at the outset, remove those stimulants and all the factors that contribute to make the common man a victim of doubt. Due to these factors, the ringleaders and the chieftains of terrorism snare the sentimental youths very easily in their trap, change their track and lead them to militancy. Exploiting their sentiments, they prepare them for terrorist activities. The policies, events and circumstances the terrorist elements use as fuel for their evil agenda need to be remedied and set right on priority. That will certainly help eradicate the root causes of the spread of plague. Similarly, if the world powers as well as Pakistani agencies fail in attending to the real hardships of people, removing their complaints and abandoning the deceptive policies, the restoration of real peace will remain merely a dream.

7. Another important question under inquiry in various circles of society refers to a dilemma: can we justify as lawful the atrocities of terrorism if they are done with the intention to promote Islam and secure the rights of the Muslims?

• The Khawarij, even today, invoke Islam and raise slogan to establish the Divine Order, but all of their actions and steps constitute a clear violation of Islamic teachings. When their supporters do not have any legal argument to defend the actions of Khawarij, they draw the attention of people to the vices of the ruling elites and oppression of the imperialist forces as a justification for their killing. They feel contented that though the terrorists are doing wrong things, their intention is good beyond any doubt. This is a major intellectual faux pas and people, both educated and uneducated, suffer from this doubt. An evil act remains evil in all its forms and contents. Whatever way we may interpret injustice, it is going to remain the same. Therefore, no forbidden action can ever become a virtuous and lawful deed due to goodness of intention. Law in Islam applies to an action. Massacre of humanity, perpetration of oppression and cruelty, terrorism, violence and bloodshed on earth and armed rebellion and strife cannot become pardonable actions due to any good intention or pious conviction. Nor is there any space for deviation from this fundamental principle. Thus, this argument of terrorists and their well-wishers is also false in the sight of Islamic law. Therefore, we commence our arguments with the clarification of the same dilemma that an evil doing cannot change into a pious deed due to any pious intention it supposedly generates from.

Good intention can never change a vice into virtue

If some good intention motivates bloodshed and massacre, the question arises whether tyranny and barbarism can be declared lawful on this basis. Some people think that though suicide explosions are atrociously evil, killing of innocent people too is a monstrous crime, spreading mischief and strife in the country is again a heinous act, while destruction of educational, training, industrial, commercial and welfare centers and institutions is still a greater sin, the suicide bombers are doing that with good intention and pious motive. Therefore, they are justified. They are retaliating foreign terrorism against Muslims. They are doing a Jihad. So, they cannot be given any blame.

In this brief discussion, we shall analyze this thought in the light of the Quran and Sunna. The Quran rejected as disbelief the idol-worship that was perpetrated with the intention to attain to nearness of Allah. We find a detailed account of this matter in the Quran and Sunna. Some of the holy verses are produced here to facilitate comprehension of the issue.

The Quran says:

"(Say to the people:) 'Listen, sincere obedience and worship is only Allāh's due. And those (disbelievers) who have taken (idols as) helpers other than Allāh (say in false justification of their idol-worship:) 'We worship them only that they may bring us near to Allāh.' Surely, Allāh will judge between them concerning the matter in which they differ. Certainly Allāh does not give him guidance who is a liar, very ungrateful." (Al-Quran, 39-3)

When the idolaters of Makka were asked the reason of idol-worship, they said the idols would get them into Allah's proximity. The intention to attain to Allah's nearness is good, but idol-worship is blasphemy and disbelief. The idolatry, therefore, cannot be justified because of good intention.

Similarly, the terrorists' claim of reformation too cannot be accepted because, practically, they prove bloodshed and violence instead of some constructive work and reformation. Allah Most High says:

"And among people there is also someone whose conversation seems to you pleasing in the life of the world and who calls Allāh to witness that which is in his heart, but in truth he is most quarrelsome. And when he turns away (from you), he runs about in the land to do (everything possible) to rouse mischief and destroy crops and life. And Allāh does not like mischief and violence. And when it is said to him (on account of this tyranny and violence): 'Fear Allāh,' his arrogance stimulates him for more sins. Hell is, therefore, sufficient for him. And that is indeed an evil abode." (al-Quran, 204-206)

These verses too describe that many people will make conversation appearing delightful in the perspective of superficial arguments. They will swear on their good intentions, and declare Allah witness to their noble objectives and pious aims. Despite their assertions and testimonial claims, however, Allah has declared them miscreants and evil-mongers to face the torment of Hell. So their swearing on their intentions has been refuted because they are doing sheer terrorism, violence and strife. Their crimes, therefore, cannot be forgiven due to their good intentions and noble designs declared on oath. This is the basic principle drawn from the Quran and Islamic Law.

These Quranic verses explain the same point:

"When it is said to them: 'Do not spread disorder in the land,' they say: 'It is we who reform.' Beware! (Truly) it is they who spread disorder, but they do not have any sense (of it) at all." (al-Quran, 11-12)

Here again the mischievous and criminal mentality has been described that the miscreants never take their activities as disruption, violence and strife; rather, they call it Jihad and deeds of reconstruction and reformation. They presume that the tyrannous activities they perpetrate are aimed at greater good of society. Today's tragedy is that terrorists, murderers, mischief-mongers and rioters try to prove their criminal, rebellious, tyrannous, and brutal blasphemous activities as a right and justified reaction to foreign aggression under the garb of defense of Islam and national interests.

They should know that, as good intention can never prove an unlawful act justified, pious designs can never prove blasphemy as righteousness, and virtuous objectives can never prove an impure act wholesome, the intention to perform Jihad, in the same way, can never prove violence and terrorism lawful and permissible. The intention to protect Islam, erect defense against foreign aggression and avenge the wrongs and excesses inflicted upon Muslim Umma is one thing, and brutal mass murder of innocent citizens, vast destruction of civil property, ruthless target killings and destruction of mosques and markets and businesses is altogether a different debacle. The former can never prove the latter lawful. The one has nothing to do with the other; there is no relevance and congruity between the two. Terrorism, carnage and mass destruction can never be justified in the name of any intention of enforcing Islamic commands and judicial system. Nor can these condemnable activities be any exception to the rule, or be overlooked, or forgiven.

The in-depth study of the Quran and Hadith makes one dauntlessly declare that Islam makes it conditional to realize the lawful objectives only through lawful means, to attain to the noble targets only through permissible resources and reach the sacred destinations by treading only the righteous ways. A holy goal can never be attained by following an evil and criminal path. Constructing a mosque is a pious act, but it cannot be proved lawful to do it by looting a bank. The objectives of mercy cannot be achieved through cruel and oppressive ways. The designs of an exalted pious person cannot be materialized by adopting blasphemous methodology. In sum, good cannot be earned by evil means. Fair is fair and foul is foul. This is Satan who says, 'fair is foul and fouls is fair.' This is the majesty and purity of Din that it has purified and reformed both the destination and its path. It has made both objective and method pure and upright.

The people who base their argument on the Hadith, 'actions are judged according to intentions,' in order to justify their brutal ways and cursed means, make false and heretic implications. They cannot set a wrong thing right. This Hadith signifies only those actions that are proved pious, permissible and lawful. Their acceptability has been based on trueness of intention. If the intention is pure, they will be accepted, or they will be rejected. If the intention is not good, or the coveted intention does not exist, the actions will not be considered acts of worship, despite their apparent righteous value. They will be rejected or discredited. But the actions that are forbidden, unjust, unlawful and blasphemous cannot be made permissible, lawful, just and creditable by even extremely good intentions joined together. This is such an Islamic principle and legal formula as no one of the Companions, pious predecessors, Imams, and authorities of hadith and exegeses has departed from to date. Some scholars have also interpreted this hadith, 'actions are judged according to intentions,' as pointing to manifestation of deeds according to intentions. The actions take shape according to the intentions. So a terrorist's actions speak of his intentions. His killings and destructive activities refer to his foul intention and condemnable ideas and beliefs. His heinous actions cannot stem from pious intentions and beliefs. The bloodshed he causes refers only to a cruel man inside him and not any kind and merciful soul. It is, therefore, evident that whatever false implications and foul justifications these rebels, criminals, evil-mongers, tyrannous brutes may put forth to prove their atrocities as act of Jihad, they have nothing to do with the teachings of Islam.

The Holy Quran has vividly described them in this verse:

"It is those whose entire struggle is wasted in worldly life, but they presume they are doing very good works." (al-Quran, 18: 104)

Source: http://seekersguidance.org

--
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

OSI seeks to re-issue key Tarceva patent in US

OSI Pharmaceuticals announced today that it has filed with the U.S. Patent and Trademark Office an application to reissue its composition of matter patent for Tarceva® (erlotinib), U.S. Patent No. 5,747,498 (the '498 patent), in order to correct certain errors relating to the claiming of compounds, other than Tarceva, which fall outside of the scope of the main claim in the patent.

OSI's reissue application seeks to correct these errors by deleting surplus compounds from the claims. Like most composition of matter patents, the '498 patent claims many compounds in addition to Tarceva. Tarceva itself is accurately described in the '498 patent. While the reissue application is pending, the '498 patent remains listed in the Orange Book with the FDA and enforceable against any infringer.

"The generic industry is employing increasingly aggressive tactics toward innovator intellectual property rights, with challenges to IP around the world becoming increasingly common," stated Colin Goddard, Ph.D., Chief Executive Officer of OSI Pharmaceuticals. "We view eliminating these errors as soon as possible as the best approach to defending against any challenge to our Tarceva intellectual property position and have settled on a strategy to reissue the core '498 patent. We remain confident in the ultimate core composition of matter protection of Tarceva and view the reissue filing as a prudent step, given the current environment, in order to manage any prospective generic challenge to the patent estate and to address concerns associated with any possible future litigation."

Source:  Welt Online:


--
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