FamiLex ( Family Law India)

Wish all the Blog Readers a Very Happy Colourful & Safe Holi

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sat, 19 Mar 2011 02:46:00 +0000

Dr. Tabrez Ahmad on behalf of all the authors Wishes the Blog Readers a Very Happy Colourful & Safe Holi. Due to the kind of faith and confidence shown by various readers to us within a short time almost all the blogs and specially Technolexindia, IPlex, and Tabrezahmda's Blog have got lot of name and fame not only in India but also in different parts of the world. There are around 1.5 Thousand e-mail subscribers of our various blogs. Hope the same kind of cooperation, comment and suggestion will be provided to us and that will further help to upgrade the standard of blog postings.

Thanks all of you once again on the eve of Holi for all cooperation and encouragement shown to us in the last one year.

--
Dr.Tabrez Ahmad,
Associate Professor , KIIT Law School,

Coordinator BCI Moot Court Competition

Coordinator Intellectual Property Law (Hons) Programme
Campus-16,KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.technolexindia.com, www.tabrez.org
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Research Papers: http://ssrn.com/author=1189281

Mobile: +91 9438303042

New Year 2011, Greetings

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Fri, 31 Dec 2010 04:59:00 +0000

It is easy to be overwhelmed by the negatives. We cannot deny economic realities, uncertainties, wrongdoings and sufferings. Yet, there is always the silver lining of hope, achievement and the triumph of human spirit. And it all starts with a positive energy and wishes for the future from each of us. Because Sun glows for a day, Candle for an hour, Matchstick for a minute. But a wish can glow days forever. So here is Tabrez Ahmad on behalf of all the authors Wishes the Blog Readers a Very happy and prosperous New Year. Due to the kind of faith and confidence shown by various readers to us within a short time almost all the blogs and specially Technolexindia, IPlex, and Conferencelex have got lot of name and fame not only in India but also in different parts of the world. There are around one thousand and five hundred e-mail subscribers of our various blogs. Hope the same kind of cooperation, comment and suggestion will be provided to us and that will further help to upgrade the standard of blog postings.

My wishes for your glowing life in NEW YEAR, 2011.

Oh my Dear, Forget ur Fear,
Let all ur Dreams be Clear,
Never put Tear, Please Hear,
I want to tell some thing in ur Ear
I pray! This New Year may bring to you.
The joy that never sees the eclipse,
The hope which never meets the despair,
The mind that fastens human bonds,
The heart which bleeds for the love of man,
The soul that buries all its ills,
The world which aspires for the lasting peace,
The passion that even the angels envy,
The humility which placates the Divine Wrath,

This is beginning of a new year!
Like birds, let us, leave behind what we don't need to carry…
GRUDGES, SADNESS, PAIN, FEAR and REGRETS
Life is beautiful, Enjoy it.

Thanks all of you once again for all cooperation and encouragement shown to us in the last one year.

Bye. Take care.

--
Dr.Tabrez Ahmad,
Associate Professor of Law, KIIT Law School,
Campus-16,KIIT University, PATIA, Bhubaneswar, Odisha, India, 751024.
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com http://iplexindia.blogspot.com
Profile: http://www.google.com/profiles/tabrezahmad7.
Blogs: http://www.blogger.com/profile/15337756250055596327
Blog: http://drtabrez.wordpress.com http://tabrezahmad.typepad.com/blog/
Research Papers: http://ssrn.com/author=1189281

Mobile: +91 9438303042

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

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Tue, 16 Mar 2010 16:46:00 +0000

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

Wish all the Blog Readers a Very Happy & Colourful Holi

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sun, 28 Feb 2010 15:53:00 +0000

Dr. Tabrez Ahmad on behalf of all the authors Wishes the Blog Readers a Very Happy & Colourful Holi. Due to the kind of faith and confidence shown by various readers to us within a short time almost all the blogs and specially Technolexindia, IPlex, and FancynewsLex have got lot of name and fame not only in India but also in different parts of the world. There are around one thousand e-mail subscribers of our various blogs. Hope the same kind of cooperation, comment and suggestion will be provided to us and that will further help to upgrade the standard of blog postings.
Thanks all of you once again on the eve of Holi for all cooperation and encouragement shown to us in the last one year.

--
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

Whether RTI should be applicable to CJI?

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sat, 16 Jan 2010 09:35:00 +0000

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

[Technolex] New Year 2010, Greetings

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Thu, 31 Dec 2009 08:14:00 +0000

My best wishes for you!

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

Wishing u a very "Happy NEW YEAR"!

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

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

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Mon, 28 Dec 2009 18:02:00 +0000

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Source: Spicy IP

[Technolex] Happy Christmas and Happy New Year

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Thu, 24 Dec 2009 06:22:00 +0000

Good Morning!

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

That leaves behind the autumn of prevailing gloom;

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

That overshadow all the miseries under its bloom.

May it fill every heart with abundant and pious joy,

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

May its blessings fall on the earth in such torrents,

That washes away the human agonies, quick and fast.

With regards

Reminder about your invitation from Dr. Tabrez Ahmad

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Wed, 23 Dec 2009 07:11:00 +0000

This is a reminder that on December 09, Dr. Tabrez Ahmad sent you an invitation to become part of their professional network at LinkedIn.

Follow this link to accept Dr. Tabrez Ahmad's invitation.

https://www.linkedin.com/e/isd/919155197/Jt1Q1NQS/

Signing up is free and takes less than a minute.

This is a reminder that on December 09, Dr. Tabrez Ahmad sent you an invitation to become part of their professional network at LinkedIn.

> To: [tabrezahmad7.familylawnutshell@blogger.com]
> From: Dr. Tabrez Ahmad [tabrezahmad7@gmail.com]
> Subject: Dr. Tabrez Ahmad wants to connect on LinkedIn

> I'd like to add you to my professional network on LinkedIn.
>
> - Dr. Tabrez Ahmad

The only way to get access to Dr. Tabrez Ahmad's professional network is through the following link:

https://www.linkedin.com/e/isd/919155197/Jt1Q1NQS/

You can remove yourself from Dr. Tabrez Ahmad's network at any time.

--------------

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

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Tue, 22 Dec 2009 14:19:00 +0000

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

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

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

http://economictimes.indiatimes.com

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

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Mon, 21 Dec 2009 15:55:00 +0000

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

Source: http://economictimes.indiatimes.com

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

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

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sat, 19 Dec 2009 15:23:00 +0000

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

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

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

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

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

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

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

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

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

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

In the next two years, the Court will also create the facility for filing of cases through Internet which will eliminate use of paper in presentation of plaint or petition or appeal and its disposal. All the pleadings, evidence, orders and judgments will be documented and archived on digital media.

The court has already digitalized around 5.5 crore papers pertaining to various cases upto 2007. It is also considering recording the statement of witnesses through video-conferencing to avoid procedural delays.

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

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

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

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

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

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

Soon a Cyber Crime Court in Sharjah,

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Wed, 16 Dec 2009 14:52:00 +0000

According to the Minister of Justice Dr Hadif bin Jowan Al Dhaheri, speaking on the sidelines of the third International Cyber Crimes Conference in the Capital of UAE on Tuesday, said UAE's Cyber Law will be amended to match the sophistication of online crimes that are being committed every day. A federal court to deal with cyber crime cases in Sharjah and the Northern Emirates will soon be established in Sharjah, The cyber crime court in Sharjah will follow similar courts already established in Dubai and Abu Dhabi and the law governing cyber crime needs to be updated in order to match the progress in cyber technology. Thus, UAE is studying to make amendments on the executive regulations of the cyber law. It has already three judges who have a doctorate degree in cyber crimes. This cyber court will be federal and will be located in Sharjah to deal mostly with cyber crime cases in Sharjah and the Northern Emirates,

A lot of cases happened now in UAE through the internet which has affected the economy and many businesses. The main cyber crimes involved are blackmailing and pornography, and financial frauds. The estimated loss of reported cyber crime cases in the Gulf Cooperation Council (GCC) is between $550-735 million per annum. This is not including the unreported cases as some victims – corporation and enterprises – feel that the negative media exposure would cause them more loss that what they've already lost in these cases.

The responsibility should be for the CEO and CFO to start protecting their client's information. The government's role is to put this law and should take a proactive role on this, just like the US, corporations and financial organisations which are bound by law to protect their clients' information, failing which would mean a 10-year imprisonment of the company chief executives or chief financial officers and a million dollar fine.

The upcoming changes in the cyber law and the establishment of a special court in Sharjah are positive moves.

Source: Olivia Olarto, http://www.khaleejtimes.com

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

ACTA: A Global Threat to Freedoms

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Fri, 11 Dec 2009 16:01:00 +0000

The Anti-Counterfeiting Trade Agreement is generating growing concern (witness today's release of a protest letter from civil liberties groups from around the world) as many people learn about the secret copyright treaty for the first time.

Yesterday a worldwide coalition of Non-Governmental Organizations, consumers unions and online service providers associations publish an open letter to the European institutions regarding the Anti-Counterfeiting Trade Agreement (ACTA) currently under negotiation. They call on the European Parliament and the EU negotiators to oppose any provision into the multilateral agreement that would undermine the fundamental rights and freedoms of citizens in Europe and across the world.

The first signatories of the open letter include: Consumers International (world federation of 220 consumer groups in 115 countries), EDRi (27 European civil rights and privacy NGOs), the Free Software Foundation(FSF), the Electronic Frontier Foundation (EFF), ASIC (French trade association for web2.0 companies), and civil liberties organizations from all around Europe (9 Member States so far...). The letter is open for signature by other organizations. By December 17th, 2009, European negotiators will submit their position regarding the proposal put forward by the U.S Trade Representative for the Internet chapter of the ACTA. It is now time for the European Union to firmly oppose the dangerous measures secretly being negotiated. They cover not only "three strikes" schemes, but also include Internet service provider's liability that would result in Internet filtering, and dispositions undermining interoperability and usability of digital music and films.

Source: http://www.laquadrature.net, http://www.michaelgeist.ca, visited on 11 December, 20.00 IST.

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

How to protect your Intellectual Properties in Local as well as Foreign Markets

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Fri, 04 Dec 2009 18:33:00 +0000

The licensing of intellectual property has become a multi-billion dollar industry. As a result, business owners and individuals are looking for ways to preserve and maximize the value of their ideas inventions, artistic creations and other forms of intellectual property. The term Intellectual Property provides protection for creations of the mind. More specifically, they grant the creators, owner's exclusive rights to artistic and industrial creations. Industrial Intellectual Property rights are protected by Patents, Trademarks, and Designs while Artistic Intellectual Property rights are protected by Copyrights. Your Intellectual Property is all information, resorts you have used and all the products of your work. Intellectual property serves to protect company assets and prevent exploitation by others. Knowledge about intellectual property rights and an understanding of the fundamentals of copyrights, trademarks and patents is vital in today's global market. Many companies, however, fail to take the steps necessary to fully protect their valuable intellectual property assets. According to government agencies, more than $500 billion in legitimate global sales is lost each year to counterfeit goods.

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A trademark right lasts indefinitely as long as the owner continues to use the trademark. Periodic renewal is required. A patent for an invention is the grant of a property right to the inventor. The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention or "importing" the invention. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others for 20 years from making, using, offering for sale, selling or importing the invention. A copyright is a form of intellectual property that protects the authors of "original works of authorship" such as literary, dramatic, musical and artistic both written and unwritten, sound recordings and cinematograph films. A copyright protects the form of expression rather than the subject matter of the writing or the ideas. There are several rules for how long a copyright lasts. The duration of copyright protection in India is the life time of the author plus 60 years after his death.

These are some of the important points to be kept in mind by the IP right holders to avoid possible infringement of their rights.

1. Regular monitoring

Right holders should always keep sufficient, historical documents that undoubtedly establish their entitlement to those rights; it provides better chance to prevail in a future dispute over intellectual properties. If they have adequate proof of their rights, government agencies will help them to enforce their rights in accordance with law.

It is also advised that they must record copies of license agreements with administrative bodies, at national and local levels, since in most of the countries these administrative agencies have the authority to protect these rights and confiscate, destroy counterfeit good and also can impose fines.

There is a legal difference if any organization create know-how, copyright works, confidential information or if it creates registrable IP such as patents, designs or trade marks.

2. Having a defined organizational IP policy

A general IP policy, including guidelines regarding IP disclosure and ownership of IP by contractors; pro-forma confidentiality agreements, R&D agreements and collaboration agreements; and appropriate IP ownership clauses in contracts, including employee contracts, manufacturing/sales agreements. You should treat your employees and consultants as potential inventors and keep abreast of their creative input. It is crucial that your company has a contracts which guarantee that all IP they create in connection with their employment or engagement stays in the company and they can not take it or spread it outside of the firm. Both employer and employee must understand the conditions under which they work and create within the company.

Copyright law, however, provides that freelancers and independent contractors automatically retain the copyright to any original work they create in absence of a written agreement to the contrary. Therefore, business owners should make sure that sensitive information wouldn't be any kind of misused.

3. Possible Protection available in Foreign countries

Once company is familiar with available options to protect its intellectual property, it might consider conducting due diligence of potential foreign partners and determine where companies similar to its have experienced intellectual property problems.

If company intends to do, business in foreign countries, company should strongly consider filing its patents and trademarks and its relevant translations with the appropriate government agency in each country where protection is sought.

In some countries, the first party to file an application can prevent others from registering and obtaining legal protections for the same patent or trademark. Most countries do not require that you register your copyrights before enforcing them, but registration with the appropriate government agency is strongly recommended because it provides several benefits such as proof of ownership.

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

E-Courts in Indian Perspective

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sun, 29 Nov 2009 15:53:00 +0000

Judiciary is vital for any organized society. Otherwise, there will be only a law of the jungle where might is right. Indian judiciary has maintained its independence guaranteed in the Constitution and also by its action and healthy traditions, which have been set up. Nevertheless, there is a negative aspect of the Indian judiciary. This is related to the enormous delay in disposing of cases. One estimate is that if the Indian courts were not to take more cases from today and dispose off the cases at the present rate, then, it may take nearly 300 years to clear the present back log of around 30 million cases pending in the various courts of India. It is in this context that e-courts offer a ray of hope.

The extent to which IT is used in the judiciary can be looked at from two angles. One is the use of information technology to improve the present paper based system by bringing in the advantage of IT to increase the speed enormously and also bring greater transparency. More extensive use of IT can definitely improve the system so far as speed is concerned. Another area where IT can be used is in the form of video conferencing to examine under trial prisoners in the courts. Recently, the courts have taken the issue of video conferencing as a means of saving time and a matter of security.The Indian Information Technology Act visualizes the extension of Indian court's jurisdiction outside the country though I wonder whether this principle has been tested. Broadly, it is the international nature of the cyber space and cyber crime as brought about the need for an international convention and principles. It becomes very necessary for the judiciary particularly the law enforcing forces like the police as well as the judges and the lower judiciary to become up-to-date in these aspects of information technology. It is estimated massively about more than 200 thousand police personnel and the judiciary at the district level onwards will have to be trained. This is a major challenge facing the government in preparing the country for more effective e-governance particularly enforcing the laws to e-courts.

Ultimately, e-courts will have to deal with the crimes in cyber space and for this three aspects have to be borne in mind. It is necessary to study the criminal mind in the cyber space and design system so that the crimes are checked with the maximum extent possible. This means that for bringing criminal in cyber space to justice, the police and the law investigating agencies as well as judiciary will have to be trained and the conventions will have to be established about bringing the guilty to book. International cooperation becomes very vital. In this context, the role of international bodies will become significant, especially, when it comes to drafting of the cyber laws and their implementation in order to evolve right standards and practices in the emerging area of e-courts.

Keeping in mind the importance of e-governance department of Information Technology and Telecommunication is already working on the important projects to make e-governance a success in India. These are the following items which are already in progress under Mission Mode Projects (MMPs), which have identified on the basis of high citizen/ business interface, Integrated e-BIZ, EDI, India Portal, Common Service Centers, EG Gateway, E Courts, E-Office, E Procurement.

Central Govt. is working on e-Income Tax, e-Central Excise, e-Passports/Visa &, Immigration, MCA 21, National ID / UID, e-Pensions. States are also working on the following projects: e-Agriculture, e-Land Records, e-Transport, e-Treasuries, e-Commercial Taxes, e-Gram Panchayats, e-Municipalities, e-Registration, e-Police, Employment, e-Exchange and e-District. By Industry Initiative, e-Banking, e-Insurance are already in progress while States can add up to 5, state specific e-Projects

Under NeGP as a MMP, it is proposed to implement ICT in Indian judiciary in three phases over a period of five years. The project scope is to develop, deliver, install and implement automated decision making and decision support system in 700 courts of Delhi, Bombay, Kolkata & Chennai; 900 courts in the 29 capital city courts of states and UTs and 13000 district and subordinate courts.

The objectives of the project are: to help judicial administrations of the courts in streamlining their day-to-day activities; to assist judicial administration in reducing the pendency of cases; to provide transparency of information to the litigants; to provide access to legal and judicial databases to the judges.

The project has been devised following the report submitted by the E-committee on national policy & technology in the Indian judiciary. The project will be implemented in 3 phases spread over a period of 5 years at a cost of Rs.854 crores. In the first phase, computer rooms & judicial service centres would set up in all 2500 court complexes. About 15,000 judicial officers would be provided with laptops. Digital inter-connectivity would be established between all courts from the taluk level to the apex court. The project also aims at creation of e-filing facility in the Supreme Court & high courts. The first phase also envisages development of comprehensive & integrated customised software application for the entire judicial system with regional languages support. in the second phase, it would be possible to provide ICT coverage of judicial process from filing to execution level & also of all administrative activities. In third phase, it would be creating of information gateways between courts & public agencies & departments. The project is expected to lead to complete demystification of the adjudicatory process thereby ensuring transparency, accountability & cost-effectiveness

In the backdrop of Indian scenario the steps taken by Delhi High Court is highly appreciable which is going to establish the first e-court of India.

The same would be operational by December 8, 2009 in the court of Justice S Ravindra Bhat. It intends to provide SMS alerts about court hearings to advocates and litigants, summons sent through emails, e-stamps instead of stamp paper, recording of evidence through video-conferencing, virtual tour of court premises, etc. Being in the initial phase, other crucial aspects of e-courts would be taken up in the due course of time. 'The necessity of e-courts has arisen due to shortcomings of a paper-based system like storage, maintenance and wastage of a lot of paper.

Delhi High Court is also working on the project in which live court proceedings would also be seen on the website. The project will be first started in one court and will soon be started in all other courts, including the five district courts in Delhi.

For lawyers and litigants, the e-courts will be a great help as it would enable them to stop carrying bulky files to the court and just a USB device or the CD of their case.

'Recording of evidence in any case will be done electronically. Court is also planning to have centres at various places in Delhi from where the person can record his statement and the court can see it via video-conferencing. With the help of e-courts, warrants, court notices and other documents can be sent via e-mail to the party or the post office concerned from where a service slip will be sent back confirming the receipt and court fees can be paid online so that entire work is done at a click of mouse. Courts will provide adequate facility to the lawyers while they argue their case using the laptops. Judges will also be given a touch screen handbook which will be like their computer screen and they can read it like a file. E-courts will definitely enhance transparency, accountability and accessibility for a litigant.

Source: http://ecourts.nic.in/admin1/Informatics.pdf visited on 29th November, 2009, 9.15 PM IST.

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

Cybertort slides are uploaded

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Fri, 27 Nov 2009 06:13:00 +0000

Hello everyone the cybertort slides are uploaded to internet. You can
download from the following link.

http://www.authorstream.com/Presentation/tabrezahmad-278577-cybertort-cybersquating-cyberlibel-tradesecrets-softwarepiracy-spamming-cyberstalking-imp-slides-pub-internet-education-ppt-powerpoint/

Wish you all the best . Bye take care.

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Legal Education in Indian Perspective

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Thu, 26 Nov 2009 13:30:00 +0000

Abstract

Spiritually, it is believed that the life on the earth is regulated by the laws of the Lord or the Divinity. It is 'rule of law', that draws the essential difference between human society and animal world. It is the legal education that plays an important role in promoting social justice. Law professionals are characterised as 'Social engineers'. Law as a profession and legal education as a discipline was not a popular choice of the students in India prior to the introduction of five year law course, most of the students who performed well in their Intermediate Education aspired to study medicine, engineering, computers, business management and accounting. Unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different. The admissions to law schools in these parts of the world are highly competitive. In the present era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of legal consumer/client namely the foreign companies or collaborations. In the changed scenario, the additional roles by law professionals to play are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. Due to expanding role of law professionals our curriculum should be enriched with all interdisciplinary courses which are must to produce the competent law professionals of 4^th generation.

Full paper is available at the following link.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1513826

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

The Indian Law Institute offers courses on IPR and Cyberlaw

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Mon, 23 Nov 2009 12:38:00 +0000

The Indian Law Institute Invited applications for admission to the following online certificate courses. Intellectual Property Rights and Information Technology in the Internet Age & Cyber Laws courses.

Duration : Three Months (14th December, 2009 to 14th March, 2010)

Last date of submission of Forms : 11th December, 2009.

Courses offered in this University :
Ph.D. programmein
LL.B. Degree
LL.M. Degree
P.G. Diploma Courses 2009-2010
Alternative Dispute Resolution(ADRs)
Corporate Laws & Management
Cyber Law
Drafting of Legislation, Treaties and Agreements
Human Rights Law
Intellectual Property Rights Laws
International Trade Law
Labour Law
Securities & Banking Laws
Tax Law
Online Course in (1) Intellectual Property Rights and Information Technology in the Internet Age
(2) Cyber Laws

Contact Details :
THE INDIAN LAW INSTITUTE
(Deemed University)
Bhagwandas Road, New Delhi - 110001
Phone Office: 23387526, 23389429, 23388849, 23386321, 23387873 Library: 23389849
Fax : 91-11-23782140 email: ili@ilidelhi.org, ili@nde.vsnl.net.in

Website : www.ilidelhi.org

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

Important points of the Fourth Session of WIPO's Committee on Development and Intellectual Property (CDIP) held from 16 November 2009 to 20 November 2009.

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sun, 22 Nov 2009 09:33:00 +0000

The WIPO Secretariat project proposal (CDIP/4/3) on intellectual property and the public domain was based on four components 1) copyright, 2) trademarks, 3) patents and 4) traditional Knowledge (TK) and traditional cultural expressions (TCEs). However, after extensive discussions on this project, a revised project proposal has been presented to WIPO Member States Friday afternoon (20 November 2009) for their consideration. One major change has been the deletion of the component on traditional knowledge and traditional cultural expressions.

The WIPO Secretariat proposed a work program on copyright and related rights with respect to the public domain. In his presentation on WIPO's project, Richard Owens (WIPO Secretariat) noted Egypt's request that the studies make it clear that there is a "relationship between limitations and exceptions to copyright and the public domain. The scope of the proposed study had two parts: an illustrative comparison of national legislation that directly, or indirectly, defines the public domain (as far as copyright is concerned), and a survey of initiatives and tools, technical and legal, which facilitate access, use, identification and location of public domain material.

The importance of registration/deposit of copyright and related rights in the evolving digital environment, beyond the traditional functions of facilitating the exercise of rights, is highlighted for example, as a means to prove the existence and/or ownership of a work, and to identify works that have fallen into the public domain. Uncertainty over copyright ownership and status of works may result in works not being made available to the public, even where no living person or legal entity asserts claims to ownership of copyright, or where the owner has no objection to such use. With respect to works of unknown authorship or in respect of which the owner cannot be identified ("orphan works"), uncertainty can undermine the economic incentive to create, imposing additional costs on subsequent users/creators wishing to incorporate material taken from existing works into new creations. Understanding how different registration and deposit systems function (both those established in the public sector, as well as the emerging private ones) will thus prove useful in order to identify works that have fallen into the public domain.

It is important to understand how different jurisdictions define the public domain, directly or indirectly, and to identify the existing initiatives and tools, technical and legal, which can facilitate access to, use, identification and location of public domain material. In addition, there is a need to clarify the relationship between copyright limitations and exceptions and the public domain, including legal, conceptual and functional aspects. In relation to copyright registration systems, the role of Rights Management Information (RMI) has tremendous potential for identifying and locating content. RMI is increasingly used in the networked environment, which helps users to customize their searches, find the content they are seeking, and where appropriate, enter into licensing agreements with right owners.

The new survey would expand on the 2005 Survey in at least four different respects, namely, (i) enable scrutiny of the operational requirements for voluntary registration/deposit systems in the digital environment and available search tools; (ii) include information on how Member States with voluntary registration systems address the issue of orphan works in those systems; (iii) solicit information on recorded/registered public domain subject matter; and (iv) attempt to include all Member States. The Survey would include conclusions based on the data received by Member States.

The study would also include a preliminary analysis of the possible implications of a rich and accessible public domain. Private Copyright Documentation Systems and Practices survey will cover the use of copyright documentation, including in the form of RMI, by bodies such as collective management organizations or the Creative Commons System, and would examine how these systems identify, or might contribute to identifying, content that is protected or in the public domain.

In the aforementioned paragraph, Bolivia insisted on replacing the word inserting the word "affect" in place of the original word "facilitate". Originally, Bolivia wanted to insert the phrase "or impede" after the word "facilitate" and before "access". After a long negotiation with the United States, the result was "affect" replacing "facilitate". Bolivia's premise was that technical and legals tools could "affect" access, use identification and location of public domain material" whereas using the word "facilitate" would prejudge the scoping study.

Discussions regarding patent is as follows: Information dissemination policies, the legal framework and technical infrastructures all play an important role in supporting access to and use of publicly available patent-related information and in facilitating the identification of technology that is in the public domain. These studies include useful information about the role of the patent system in the identification, access and use of technology that is in the public domain. As explained in the study on dissemination of patent information, the public domain in relation to patent law consists of knowledge, ideas and innovations, over which no person or organization has any proprietary rights. Subject matter in the public domain with respect to patents could be identified by confirming the absence of legal restrictions on use (i.e., exclusion from patent protection under applicable laws), the rejection of a patent application, the expiration of patent protection, non-renewal, and revocation or invalidation of a patent. However, in practice, it is often hard for the public to identify the validity of relevant patents due to the lack of effective tools in many jurisdictions such as patent legal status databases accessible to the public.

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

President of India inaugurated 2 days international terrorism conference today in Delhi and tomorrow Vice-President, Hamid Ansari would be the Chief Guest at the Valedictory Session

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Sat, 21 Nov 2009 15:57:00 +0000

Chief Justice of India K. G. Balakrishnan chaired the inaugural session while Union Law Minister M. Veerappa Moily, Minister of State for Planning and Parliamentary Affairs V. Narayanaswamy, Haryana Chief Minister Bhupinder Singh Hooda, Chief Justice of Singapore, Chan Sek Keong and Judge, International Court of Justice, Justice Awn S. Al-Khasawneh were the Special Guests.

Cyber Law and other contemporary topics to be discussed in 24 working sessions at the meet. Important areas of discussion are International Terrorism, International Law and Global Efforts to Combat Threats: Strengthening the Linkage, Role of Law Enforcement Agencies in Maintaining Law and Order and National Security, Drug Trafficking: Menace to Society and Enforcement.

National Law Day Awards-2009 are also presented on the same occasion to Haryana Chief Minister Mr. Hooda, Justice Arijit Pasayat, Chairman, Competition Appellate Tribunal, Solicitor General Gopal Subramaniam, K.V. Viswanathan, (civil law); Shardul Shroff, (corporate law); Ramesh Gupta, (criminal law); Ajit Mishra (young lawyer); Vijay Goel (commercial law).

The conference is jointly organised by International Council of Jurists (ICJ), All India Bar Association, All India Senior Advocates Association and Indian Council of Jurists.

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

Growing Demand of Cyber Law Experts

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Wed, 18 Nov 2009 15:26:00 +0000

The cyber law market is growing fast and it will continue to grow beyond imagination. Every Netizen is a potential victim of cyber crime. Everything is moving to cyberspace for e.g. e-commerce, m-commerce, e-governance and the concerns of maintaining security of the information on the internet is also growing. These developments giving rise tremendous career opportunities in almost every field from law to the IT Industry. The need of the time is to utilize the vast potential of Information Technologies for peaceful purposes and progressive economic development of India.

There is hardly few Computer forensics experts, Cyber Cops, Cyber Investigators or Digital Detectives. We require Cyber lawyer who can deals with legal issues concerning the use of computer, computer systems and computer networks as well as the Internet. Although it is an emerging field in India, it is making rapid progress. The number of cases involving cyber crime have been on the rise since the word spread. The Information Technology Act, 2000 takes care of all wrongs done using computers.Keeping in mind the fast changes on the front of IT govt. has already a good initiative by amending the IT Act 2000 by the IT amendment Act 2008, which came into force on 27^th October 2009. However, its a field where there would be less of litigation but more of consultancy required. And thus, not only a law graduate, but also a person with a technological bent of mind would be able to master this field. Lawyers with technological know how are surely going to rule the show.

If you are interested to become a Cyber Lawyer. Following are the good institutions offering courses in this field:

1. Asian School of Cyber Law, Pune, http://www.asianlaws.org

2. Indian Law Institute, Delhi, http://www.ilidelhi.org

3. Mumbai University http://www.glc.edu/cyber.asp

4. NALSAR, Hyderabad, http://nalsar.ac.in/

5. Indian Institute of Information Technology (IIIT) Allahabad, http://pgd.iiita.ac.in/

6. Rajiv Gandhi Cyberlaw centre NLIU Bhopal

7. PG Certificate Course in Cyberlaw IGNOU

8. Symbiosis Society's Law College , Pune, and NALSAR University ( www.nalsarpro. org ).

9. Amity Law School , Delhi . (www.amity.org).

10. Department of Law, University of Delhi (www.du.ac.in).

11. National Law School of India , University Bangalore – 72. (www.nls.ac.in)

12. National Academy of Legal Studies and Research University of Law, Hyderabad-

13. Cyber Law College NAAVI in Chennai, Mysore , Hubli, Mangalorwww.cyberlawcollege.com

560027.(www.reachout hyderabad.com ).

14. There are only few universities who rovide compulsory subject of Cyberlaw as a part of their curriculum for e.g. KIIT Law School, KIIT University, Bhubaneswar ( www.kls.ac.in ).This law school provides special emphasis on Cyberlaw.

--
Dr.Tabrez Ahmad,
Associate Professor of Law,
KIIT University, Bhubaneswar, India,
Website: www.site.technolexindia.com
Blog: http://tabrezahmad.technolexindia.com
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Need of Online Dispute Resolution Mechanism in India

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Tue, 17 Nov 2009 15:25:00 +0000

Due to growth in e-commerce and m-commerce there is a Growing demand for Arbitrators, mediators and conciliators.

Doing e-commerce, m-commerce and e-governance is not always hassle and dispute free. We need alternative dispute resolution (ADR) and online dispute resolution (ODR) mechanism to resolve these disputes easily, economically and in a timely manner. The traditional litigation system may not prove effective in these varied situations and ADR and ODR can be used effectively in these situations.

The amendment in the sole cyber law of India, ie, Information Technology Act 2000 (IT Act 2000) through the Information Technology Act 2008 (IT Act 2008), stringent requirements of observing 'due diligence' would also arise. This has the potential for both civil and criminal disputes and liabilities.

All companies, individuals, organisations, etc may use the 'ADR and ODR services and can avoid decades long time consuming litigation method.

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

Good news for Green Patent Rights holders as there will be no deal on climate change in Copenhagen

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Mon, 16 Nov 2009 16:11:00 +0000

There is good news for patent owners, in particular those holding patents on green technologies. There will not be a binding agreement as a result of the UN conference in Copenhagen can allow patent and intellectual property advocates breathe a sigh of relief, at least for now. This announcement by world leaders that there will be no climate change agreement this year will undoubtedly be viewed as a significant blow by the many who believe such an agreement is necessary despite the fact that an ever increasing number of highly respected scientists question whether global warming is for real.

President Obama, who is currently attending the Asia-Pacific Economic Cooperation forum in Shanghai, China, along with other world leaders announced that they no longer have ambitions of reaching a binding international agreement on climate change during the United Nations Climate Change Conference in Copenhagen, which begins December 7, 2009 and runs through December 18, 2009.

This is extremely important for those who are interested in strong intellectual property protections, particular patent rights. It had been feared that in order to obtain an international agreement the Obama Administration would broker the patent rights held by US concerns and give them to third world and developing nations in exchange for them taking steps to curb carbon dioxide emissions.

Not only has the tide turned in the global warming "debate," which is really hardly a debate because until recently anyone who didn't believe the party line on global warming was vilified, ridiculed and marginalized because it did not fit into the world view of much of the liberals in academia and in certain international government circles around the world. But with mounting scientific evidence showing an alternative truth the opinions of society at large has changed, and that has caused some changes in political positions as well, apparently.

The Obama Administration pledges to continue to provide full support to all inventors and to continue to support the strongest intellectual property protections in the world.

Patents are necessary for independent inventors and small businesses to raise funds necessary to move forward, including moving forward to hire employees.

So while many will undoubtedly lament the fact that there will be no international agreement on climate change, this is exceptionally good news for those who support strong intellectual property rights, strong patent rights and want greater innovation through the providing of meaningful incentives to the private sector.

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

Liability of Cyber Café owners increased by the IT Amendment Act 2008, which enforced from October 27, 2009.

noreply@blogger.com (Prof. (Dr.) Tabrez Ahmad) — Mon, 16 Nov 2009 15:42:00 +0000

After the introduction of the IT Amendment Act 2008 the responsibilities of Cyber Café owners have increased to a greater extent. In the event they fail to maintain a "Due Diligence" plan for the Cyber Café, they run the risk of being accused directly for such crimes or for "Vicarious Liabilities" under different sections of ITA 2008 such as Section 67C, Sec 69,69A,69B etc. Though ITA 2008 has been notified with effect from October 27, 2009, the rules regarding Cyber Café regulations have not been notified separately by the Government. It is expected that specific rules would be notified before December 2009 in this regard.

Cyber Café owners as a category are therefore worried because they are caught in the crossfire between the terrorists and naxalites on the one side and the State on the other side.

The terror mail threat received by the Sri Lankan Cricket team before the Ahmadabad Test has once again brought focus on the Cyber Cafes. The mail was sent from a Cyber Café in Chhattisgarh and promptly the Police have arrested the Cyber Café owner. For records, Police are happy that an arrest has been made but it is unlikely to lead to the finding of the real culprit since the Cyber Café may not be maintaining proper records. This is a typical scenario in respect of all crimes of this nature where a Cyber Café is used for sending e-mails by terrorists or pranksters. Though the arrest may be faulted under the sections relating to say Section 66A (sending threatening e-mails) or Section 66F (Cyber Terrorism), arrest can be justified when read along with Section 85 and a failure of defense under Section 79.

It is advised to Chhattisgarh cyber café owners to immediately organize themselves into a coordinated group, introduce voluntary compliance measures and save their fraternity from being arrested whenever e-mails are sent from their network. They need to draw a "ITA 2008 compliance over the Cyber Café network to protect themselves and also simultaneously assist the Police in investigation of such cases. In the meantime, Cyber Cafes need to follow "Due Diligence" in a manner that is considered as "What a prudent man under similar circumstances" would do.

In Bangalore, recently the Police started promoting software for Cyber Cafes which is supposed to maintain Visitor's registers as per the Karnataka Cyber Café regulations notified in 2004. Though this is touted as ITA 2008 compliant, and Cyber Café owners are being urged by the Police to install the software, it is necessary for the Cyber Café owners to realize that this software by itself may not be fully compliant with ITA 2008 prescriptions and the Cyber Café owners may need to supplement the software with other initiatives.

This is the need of the hour for sustaining the business of Cyber Cafes in India as we can neither prevent criminals from using the Cyber Café network nor the Police from blaming the Cyber Café owners for negligence.

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