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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 4th generation.
The UK Govt. is planning to award itself powers to change copyright law almost at will, in expectation that new anti-peer-to-peer laws will drive infringement to other services such as Rapidshare and newsgroups.
The measure, which is the most severe contained in the Digital Economy Bill published yesterday, will be interpreted as a major victory for rights holder organisations. It will grant the Business Secretary Lord Mandelson and his successor's undprecedented control over civil enforcement of copyright.
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
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.
Intellectual property is an increasingly important generator of economic, social and cultural growth and development. A clear understanding of the intellectual property system has, therefore, become a necessity for all those associated with creative and innovative endeavor – from policymakers and business executives to educators and archivists, as well as artists and inventors themselves. A solid grasp of the mechanics of the system and a keen awareness of its enormous potential and power are key in leveraging the opportunities it offers – at all levels.
The potential impact of intellectual property assets is so great that it is certain to have a considerable effect on national and international economic development in the future. Despite this, the area of IP education is relatively new to many academic institutions, and principles and methods in teaching IP are still evolving.
The Globalization and the rapid proliferation of technology, coupled with the intangible nature of intellectual property create challenges for those businesses wishing to protect their inventions and technological breakthroughs, brands, and business methods in domestic and foreign markets. With this spurt in the R&D activity, the number of patents being filed internationally and in India has also gone up. The filing and litigation in other IPs, such as Trademarks, Copyrights, and Designs etc. is also rising.
India is ranked as the fastest emerging economy and a major global player in the years to come. The country has the largest scientific and technical human resources among top five countries in the world. With the advent of WTO regime, it has integrated its IP legislations in compliance with TRIPS agreement and is poised to be a destination for research and innovation.
Such transformation requires capacity building in the field of IPR human resources. Acquisition of patents, prosecution and protection require training and skills of IP law for legal professionals.
--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.
