Today technology is changing swiftly. New technical inventions are taking place in huge number. These new inventions will open new disciplines for protection under Intellectual Property Law. India is well known for its software industry, which has grown exponentially in a short period of time. India, like the European Union, does not allow patents for inventions related to software. The relevant provision under the Indian Patents Act (2005) that deals with non patentable subject matter says that a mathematical or business method or computer program per se or algorithms is not patentable (S 3 k).
In 2004 a major amendment was introduced in section 3 through Patent Amendment Ordinance with respect to the patentability of computer programs. The key expressions in the amendments are 'technical application to industry" and "combination with hardware". This means that if an invention is directed at computer software having technical application to industry or coupled to hardware then it is patentable. But this attempt was short lived as the government repealed ordinance through an amendment Act in 2005.
Software has a market value. Computer software is subject to ferocious competition with a shorter life cycle and is liable to be copied soon, as it is "read all on the face" technology. Because of this the owner of a computer program will have two problems; (i) economic problem and (ii) competition. Economic problem means, others can access it without payment to the creator. Competition means the competitors will make competing products based on the creation either by reverse engineering or blatant copying. Apart from protecting the economic interest of the owner, the protection of software through an appropriate IPR mechanism is considered necessary to encourage creativity, innovation and investment. Software may be reproduced at no cost. Therefore, some means of restricting the free copying and redistribution of software work is necessary to protect the investment in a software product.
Stronger protection is needed for software invention in India. There is an urgent need to make the patenting system transparent on an equitable basis and to provide technology specific training to Patent office, in order to cultivate a broad and positive outlook in this area.
It took two decades to understand the real consequences of changing global climatic conditions. Though many schools of thought exist as far as explaining the climate change phenomenon, two of them became widely accepted world wide. First is the UN Framework Convention on Climate Change which expounds that the climate change process is triggered as a result of anthropogenic activity. Rapid industrialization, urbanization and increased demand for energy are few but important elements of this anthropogenic activity. But, the UN – led Inter – governmental Panel on Climate Change (IPCC) in its report attributes natural climatic variability and anthropogenic activity as reasons for the global climate change. Setting aside those differences in points of view, it is very much evident that the earth’s temperature is rising due to increased human intervention in to nature’s processes. The human race is experiencing the hottest years of its known history. The problem is equally serious to other habitats of life on the earth. Plants getting subjected to biotic and abiotic stresses, animals becoming extinct are some striking consequences resulting from the increased surface temperature of the earth. The impact of climate change on the food security of nations is the issue widely discussed both at national as well as international level. As much as 40 percent of agricultural production is reduced directly or indirectly due to climate change phenomenon. The most vulnerable are the ones living in the poor and developing countries of the world and the most polluters are the developed countries. Though it is a platitude yet it has its long term bearing on every living being on the earth. Therefore, the alarm bells are ringing too loud and it’s time to wake up from deep slumber of complacency and attend to the multitude of problems at our door steps.
In order to have a stable and predictable rainfall pattern and healthy bio – diversity a country has to have a geographical area of 33 percent as forest cover. This doesn’t mean that small bushes and shrubs constitute the forest cover. Rather it is the tree canopy which is to be considered while mapping the spatial distribution of forests. Going by these standards, India’s forest cover accounts 8 – 10 percent of its total geographic area. Deforestation for bringing more land under the plough, increased tapping of forest resources and wealth for livelihood, agricultural, commercial and medicinal purposes is leading to the decrease in the country’s prime forest area which is an important sink for carbon sequestration. Therefore, the problem of climate change should be addressed by getting to its origins i.e. through increasing the forest cover. Several forestry development programs were launched in the past with a view to tackle various problems emanating from climate change. Lack of proper understanding and low priority accorded to these programs both in terms of funding and resource allocation made them unable to take off.
Post Kyoto protocol, countries have embarked on the mission to reduce green house gas emissions and move towards sustainable development. This is achieved by adopting clean development mechanisms (CDM) in place of polluting and environmentally unsustainable systems of production and consumption. So, the demand for a shift in the means of production towards greener technologies is the need of the hour. Introducing toxic free, recyclable and smartly engineered electric vehicles for transportation would greatly reduce those tailpipe (COx and NOx) emissions. Notwithstanding transportation, radical transformation has to happen in urban planning. Sound urban planning will obviate the need to travel for longer distances there by reducing the traffic density and also the resultant pollution. Similarly, encouraging farmers to adopt solar powered cells for running electric motors for irrigation and other farming operations will reduce the necessity to depend on polluting power generation systems.
Having said that, we also need to examine the tacit growth of industry which is driven primarily to address the global climate change. Manufacturers of climate-change-related products represent about 4% of global market capitalization (Financial Express, 05 May 2009). Greener technologies are hitting the market every year and this momentum has to be sustained through proper incentives to companies and individuals engaged in serious research and development of these technologies. One important option the governments can consider is to accelerate the innovation process in this area. Technology development and transfer can be encouraged by offering sufficient protection to and opportunity for commercializing the technology. Efforts should be directed towards reducing the waiting time between the conception of the idea and its commercial exploitation. The government should encourage this industry the same way it has encouraged the IT industry through appropriate interventions and incentives because in no time the greener technologies are going to turn existential in nature for the very sustenance of human habitats. For all these things to happen, green innovations must find a special place in the National Innovation System.
This article is a sequel to the one published in The Hindu on 20th March 2009 giving an insight to the fate of Byadagi Chilli producers of Karnataka which is expected to seek the Geographical Indication Certificate soon.. Byadagi Chilli, a chilli variety is grown in mainly nine districts of Karnataka namely Bellary, Haveri, Shimoga and Chitradurga (Bydagi region). The peculiarity of the chilli is its essentially sweet not spicy demeanor and its significance in Oleoresin industry as the oleoresin extracted from it is used in food, cosmetics (USA & Europe use this oil to make nail polish & lipstick), confectionary & beverage industry. Supplementary to the non spicy character is its negligible presence of capsaicin which causes sensation in other chillies and its rich red colour which has increased its demand manifold in the food industry. The chilli owes its unique features to organic cultivation through minimum use of fertilizers and pesticides. The business involving Byadagi chillies has one of the biggest turnovers amongst all chilli varieties, to the tune of 82,010 tone of which 16,000 tone is held for domestic consumption, 9000 tone is exported in the potential markets of Europe & North America, Indonesia and Bangladesh while the rest 57,000 tones goes to the oleoresin industry. In 2007-08, the export of the chilli earned revenues worth Rs 200 crores. These risible features of Byadagi chilli in conjunction with the growing competition from China & Pakistan has necessitated the filing of GI for them as the surfacing of fake Byadagi chili is affecting the interest of the farmers from Karnataka which commands huge premium in the international market. Thus it is indispensable to protect the brand identity. Consequently, GI application has been filed by GK Muthukumar, senior associate of Chennai based law firm from Anand & Anand on behalf of Spices Board with GI registry of India. Once the registration process is completed, nobody from any other place may legally cultivate and market “Byadagi Chilli”
A GI tag would be of great help to farmers to safeguard their livelihood and in getting better prices for their yield. This is required to prevent unauthorized users from misusing the product and thereby would protect consumers from deception & add to the economic prosperity of the chilly producers who take immense pain in maintaining the superiority and integrity of their chillies over other known chillies countrywide.
Union Minister of State for Commerce Jairam Ramesh inaugurated a chilly processing plant, set up at Byadagi in Haveri district; one of its own kind, it has been set up by Government of India through STCL (a wholly owned subsidiary of Spices Trading Corporation of India, Ltd). The initiation of the government to uplift the cause of farmers is commendable & further such concrete approach would help our farmers cultivating a better quality produce which besides commanding a huge respect in international market would earn greater revenues for the country and nevertheless the real producers.
Perhaps this is just the beginning for the chilli cultivators as they set themselves for a promising future and healthy returns once they step into the family of GI granted products. What important is how well the farmers are able to retrieve the benefits out of this grant and carve a niche for themselves in this challenging task. Well, much has been said, I now look forward towards the read of this article to come forth with their views and suggestions with respect to the said context.
It's been a while since we've updated you on patent-related activities, and there have been several developments over the past few weeks, including more serious term end examinations. Future updates will hopefully be less lengthy, and timelier!
After our last post on TK, we came upon this new piece by Rachel Dawson. I thought this case illustrates the views of several people and their apprehensions.
The case of Ka Mate Haka explains and echoes concerns of several in developing countries as they sit on verge of losing their traditional knowledge to developed world or are forced to tolerate its abuse by other people.
The Ka Mate Haka which is a kind of dance performance by all “The All Blacks” (rugby team of New Zealand) before a rugby game is one of New Zealand's most iconic images for many people. It is this performance that has become an issue which is causing many ripples in New Zealand administrative circles. Lot of discussions are going on how to protect this dance form as there have been cases where this dance form has been abused or used for commercial gain without allowing any benefit sharing to the protectors of this art.
Ka Mate- The origin
The Haka is a composition played by many instruments. Hands, feet, legs, body, voice, tongue, and eyes all play their part in blending together to convey in their fullness the challenge, welcome, exultation, defiance or contempt of the words." "It is disciplined, yet emotional. More than any other aspect of Maori culture, this complex dance is an expression of the passion, vigor and identity of the race. It is at its best, truly a message of the soul expressed by words and posture." Alan Armstrong in his book Maori Games and Haka (Reed, 1964)
A haka is a complex dance and an important social custom of Māori (New Zealand's indigenous people), for conveying a tribe's reputation. The best known of all Haka is the Ka Mate, which was composed by a chief named Te Rauparaha in the 1820s and surrounds an allegorical story of a man called Maui who snared the sun in order to enable "long sunny days" (representing peace).
Te Rauparaha - the High Chief of the Ngati Toa and was in charge of lands from Porirua right up to the Kapiti Coast to Levin as well as Kapiti Island. Te Rauparaha composed Ka Mate as a celebration of life over deathafter his lucky escape from pursuing Ngati Maniapoto and Waikato enemies. Te Rauparaha arrived at the northern shore of Lake Taupo in about 1810 and was told that Ngati Te Aho chiefs Tauteka and Te Riupawhara were waiting to destroy him, in revenge for killing their kin and desecrating their bodies. So he made his escape south to Motu-o-puhi Pa on an island in Lake Rotoaira.
The Ngati Aho war party arrived in hot pursuit, and the Motuopuhi chief Wharerangi invited them in to search the place. He had hidden the fugitive in a kumara pit and had told his wife, Te Rangikoaea, to sit on top of it. According to custom, this was considered strange. Firstly, no male would ever place himself in a position beneath the genitals of a woman. Secondly, the female organs were believed to have a shielding effect. Of course, in times of danger Te Rauparaha was willing to forego custom in order to survive.
Ownership of Ka Mate
There have been many controversies surrounding this topic, as Ka Mate Haka has become a good marketing tool due to its popularity and has also lead to some abuse of the original dance by commercially oriented people. This dance form is essentially done by men and when a woman did it for a Fiat car commercial all Maori found it very offensive but use of dance for commercial was not illegal as any copyright protection which existed has expired now. Apart for this there is no other protection which is available to the tribe.
The tribe also tried to get a trademark over Ka Mate Haka but IP office of New Zealand refused the application of grounds that this dance has become far too popular in international context as well apart from national frame of reference and is now known to represent New Zealand as a whole, therefore it cannot be given to a single trader. However, the government acknowledged that Ka Mate Haka belongs to Ngati tribe and so they were compensated for decades of use of this dance by the All Blacks and others. But, primary objective of Ngati Toa tribe is prevention of misappropriation and inappropriate use and not payment of royalties or any kind of rights over performance of the dance.
Although no other treaty than Treaty of Waitangi of 1840, but New Zealand government has made some attempts to deal with cultural sensitivities of Maori people. A Maori Advisory committee is made to which all trademarks pertaining to word “Maori” or any related images are forwarded for review so as to make sure it will not hurt sentiments of Maori people. The Patents Bill, currently being reviewed, introduces the use of a Committee to review whether commercial exploitation of inventions involving traditional knowledge or indigenous plants and animals would be contrary to Māori values.
But apart from all that has been done and discussed what still remains to be seen is how exactly will the protection be given to this traditional knowledge of Maori people. I am of the opinion that under present scenario it can be said that developing the dance was much easier than protecting it from abuse.
Well but this is not all, the case illustrated above depicted plight of aboriginals of New Zealand but I think we are not very far from this situation. Take for example our Yoga, or folk art from different regions, western world has already set their eyes on these and are now strengthening their claws by seeking patent protection for Yoga. Also, I perceive that massage art of Kerala is also in potential danger and it won’t be long before we will hear some abuse of this art by some capitalists or industrialist, if potential steps to protect such knowledge are not taken.
Every year the World Intellectual Property Organization (WIPO) celebrates April 26, 2009 as World Intellectual Property (IP) Day. The main objective of IP day is to “raise awareness of the role of intellectual property in our daily lives, and to celebrate the contribution made by innovators and artisans to development of societies across the globe.” WIPO and its member states each year celebrate this day with a central theme. This year’s theme was “Green Innovation”. We, the students of Post Graduate Diploma Course on Intellectual Property Rights and Technology Management in Agriculture (IPTMA) at National Academy of Agricultural Research Management (NAARM) Rajendranagar, Hyderabad also celebrated this day on the same theme of “Green Innovation”. Opting to name it as “Sankalan” which means compilation, the programme was a mixture of literary, musical and cultural mix integrating the talents of students and Scientist-probationers in several programs of the Academy viz. Post Graduate Diploma Course on Information Technology Management in Agriculture (PGD-ITMA), Foundation Course for Agricultural Research Service (FOCARS) 85th and 86th batch. The literary events viz. essay writing, poster making, quiz competitions were based on the theme of “Green Innovation” and issues of making technology from the ideas. Various traditional dances and folk songs from the four corners of the country were structured to give a view of our country’s richness in cultural and traditional knowledge. An innovative parody song (“Tarang”) was performed by the students of PGD-IPTMA to increase public understanding of what intellectual property really means, and to demonstrate how the intellectual property system fosters technological innovations along with protection of musical, artistic and literary works, that help to shape our world. We felt that World IP Day celebrations at NAARM were an opportunity to celebrate and promote innovation in its true sense. It was a small step by us to create an understanding of green innovations through creativity, fun filled cultural events. After all small gradual steps will lead to a cleaner, healthier planet. You can make a positive change where you live and work. It does not matter what industry or field of study you belong to, but society can definitely gain through fostering innovations and affording a climate to recognize the creators.
