Monday, December 31, 2007

Legal education and global philanthropy

Legal education and global philanthropy

C.Raj Kumar


Legal education reforms in India should go along with the encouragement of global philanthropic initiatives so that resources are available to maintain international standards.


The reform of the higher education system is central to developing a knowledge-based society in India. Within the paradigm of such reforms, drastic steps need to be taken to address the numerous challenges facing legal education in India. There should be a re-look into the existing system of establishing state-supported institutions such as national law schools or law faculties and law departments in State or Central Universities. While the national law schools established in many States paved the way for important reforms, they have not been able to address two central issues concerning legal education. The first is the question of attracting good faculty and the second is the challenge of promoting a vibrant research environment in the institutions. While institutions established by the State or Central governments have their own challenges of governance and maintenance of standards, most private initiatives in the field of education, including legal education, have not been impressive. Privatisation has not been able to raise academic standards in terms of either the quality of the faculty and students or the promotion of research within institutions. Since private initiatives in the field of education have largely been perceived as mediocre commercial ventures and not as initiatives to promote knowledge, there has been gross deterioration in standards.

Legal education in India needs reforms that would support the establishment of global law schools combining the best traditions of public educational institutions with the needed flexibility, freedom, and autonomy enjoyed by private initiatives — all within the public good framework of a non-profit endeavour. In this context, there is a need to actively seek and encourage philanthropic initiatives in the field of legal education. The system of creating endowments — both individual and corporate — has to be significantly promoted. To create a truly global law school, it is important to recognise the need to promote a global curriculum, global faculty, global degrees, and global interaction within the Indian context. For this, the initiatives ought to come from private individuals and institutions ready and willing to support the establishment of global educational institutions with the highest standards in teaching and research for the purpose of creating and disseminating knowledge.

Attracting faculty

Reform of legal education in India requires global philanthropic initiatives that can help the country build the educational institutions of the future. Such law schools in India will be able to attract the best of faculty from India and the world. They will also be able to create world class infrastructure to attract the best students from everywhere, create internationally reputed research centres and promote research activities that are beneficial to the country and the international community, and enhance the ability to bring together brilliant minds to solve the problems of humanity. India has huge challenges to confront in promoting legal and judicial reforms with a view to establishing a rule-of-law society. The role of lawyers and judges will become critical for addressing future challenges of governance. In this regard, the training that is imparted to future lawyers and judges in our law schools needs to be thoroughly re-examined to suit the social and economic transformation that is under way in the country.

As early as in 1917, when serious initiatives were taken to reform legal education at the Yale Law School, it was noted that the purpose of the law school should be “the study of law and its evolution, historically, comparatively, analytically, and critically, with the purpose of directing its development in the future, improving its administration and on perfecting its methods of legislation.”

The central question we need to ask ourselves in India is whether our law schools are fulfilling this responsibility adequately, and if not, what we need to do, so that we are able to address the fundamental issues concerning legal education that were raised nearly 90 years ago in the United States.

The following are some important issues that are connected to promoting global philanthropy in legal education:

1. Sustainable development of global legal education

The future of legal education in India should be linked to the promotion of global philanthropic initiatives for it to be sustainable. The deterioration in standards in the quality of faculty in law schools in India and the paucity of research output have to be addressed with sincerity. There is a need to create endowments of the kind that reputed law schools of the world have managed to do with a view to involving public-spirited private individuals and corporations to support the development of law schools. Unfortunately, in India the dominant trend has been towards greater support for religious initiatives. Even when limited support for education is available, it is directly or indirectly connected to the support of religious groups. This is acceptable as long as academic standards are not compromised or undermined.

2. Global infrastructure and resources in law schools

If Indian law schools have to meet the demands of the changing global society, the training we impart to our law students ought to be thoroughly re-examined. Our law schools need infrastructure and resources comparable to global universities, particularly when access to such universities is available to both our faculty and students. Our law schools have to seek a dramatic transformation in providing infrastructure and resources to our faculty and students.

Upgrading library facilities

Library facilities in our law schools need to be substantially upgraded, for which huge resources have to be mobilised. The annual budget (including for library staff) for the law library at the Harvard Law School is $14 million (Rs.56 crore) and that of the Yale Law School is over $6 million (about Rs.25 crore). Inevitably, the resources needed to reach international standards for providing global infrastructure for our law schools have to be mobilised through library endowments and private donations.

3. Legal research, international exchanges, and global knowledge

Globalisation of legal research has become a universal trend. Legal scholars working in a particular country or researching on the law and legal systems of that country do not limit their research to that country or its neighbours. With the development of web-based research and other online research tools and databases, there has been a remarkable transformation in the development of comparative and international law research. It is important for global law schools to have or provide access to legal material for jurisdictions from all over the world. These need to be constantly updated to keep up with the changing dimensions of law in all societies. There is also a need to promote global exchanges including bilateral and multilateral exchange of faculty and students with a view to aiding global knowledge relating to law and legal institutions. All this needs huge resources. It is not possible for the governments of developing countries such as India to support them through public funding. Concrete steps need to be taken to encourage global philanthropic initiatives.

Legal education reforms in India should go along with the encouragement of global philanthropic initiatives so that resources are available to maintain international standards to impart quality education and conduct impact-oriented research.

(The writer is Associate Professor of Law, City University of Hong Kong and Honorary Consultant, National Human Rights Commission [India]

Email: crajkumar4@yahoo.com

© Copyright 2000 - 2007 The Hindu

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THE HINDU

Clean water sought for Ariyankuppam

Clean water sought for Ariyankuppam

PUDUCHERRY: The Ariyankuppam Commune Committee of the CPI has urged the Ariyankuppam Commune Commissioner to direct the department concerned to provide clean drinking water to Subbiah Nagar, Radhakrishnan Nagar and Sivalingapuram.

© Copyright 2000 - 2007 The Hindu

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THE HINDU

Benazir’s son, Bilawal, to head PPP

Benazir’s son, Bilawal, to head PPP

Nirupama Subramanian

Party to contest elections; Pakistan Muslim League (Nawaz) too decides to end boycott

— Photo: AFP


Political heir: Family members of Benazir Bhutto atttend a Pakistan People’s Party meeting in Naudero on Sunday. (From left): Asif Ali Zardari, daughters Bakhtawar and Asifa, PPP leader Makhdoom Amin Fahim, and Bilawal


ISLAMABAD: “My mother always said democracy is the best revenge.”

With these words, delivered with a touch of schoolboy drama, Benazir’s vulnerable-looking 19-year-old son Bilawal, who has added Bhutto to his family surname Zardari, announced his entry into Pakistan’s turbulent politics as the new chairman of the Pakistan People’s Party.

Seated between his father Asif Zardari and PPP vice-chairman Makhdoom Amin Fahim at a press conference in the Bhutto ancestral home at Naudero in Sindh on Sunday, the bespectacled Oxford student vowed to carry on the party’s struggle for democracy with “renewed vigour.”

The PPP’s central executive committee, which met in the afternoon in Naudero after the soyem or third day mourning for Benazir, endorsed Mr. Bilawal’s succession to his mother’s position.

At the meeting, the PPP also decided to participate in the January 8 general election, which political analysts predict it will sweep on a sympathy vote for Benazir. But signals from the government, the Election Commission and the Pakistan Muslim League (Q), the main political ally of President Pervez Musharraf, indicated a postponement of the election.

Caretaker Information Minister Nisar Memon told ARY that a final decision would be made at a Cabinet meeting on Monday.

Ruling himself out as a prime ministerial candidate, Mr. Zardari, who spent eight years in jail on corruption charges after Benazir’s second term ended in 1996, said the party’s nominee for Prime Minister would be “Makdoom Amin Fahim or someone like him.” But he added quickly that the PPP would take a collective decision on this.

The executive committee also passed a resolution demanding an international investigation into Benazir’s assassination along the same lines as the one for the Rafiq Hariri killing in Lebanon.

In a “political will” dated October 16, two days before her arrival in Pakistan after an eight-year self-imposed exile, Benazir had nominated her husband to succeed her as the leader of the party.

Mr. Bilawal read out the will at the party meeting. Mr. Zardari said that he had handed over the leadership to his son as “there is no better person to lead the party than Bilawal.” He described him as the symbol of the party and of the federation of Pakistan, but said he would assist his son as he was of a “tender” age and had to complete his studies.

Mr. Zardari said their three children had decided to change their name to include the legacy of their mother. “From now on, Bilawal will be known as Bilawal Bhutto Zardari.”

Party workers immediately erupted into slogans of “Jeay Bhutto”(long live Bhutto) and “Zinda hai Bibi, zinda hai Bhutto” (Benazir lives, Bhutto lives).

Mr. Zardari asked supporters to turn out in large numbers on voting day “and take the image of Benazir to the Prime Minister’s house.” He thanked Pakistan Muslim League (N) leader Nawaz Sharif for expressing solidarity with Benazir by announcing a boycott of the elections, but said he would appeal to Mr. Sharif to change that decision. He said the PPP’s “war” was against “a section of people in the government” who were behind her killing, and not against the Pakistan Army or the unity of Pakistan.

He regretted the Sindhi separatist slogans at her funeral.

The PML(N) said later with the PPP’s decision to take part in the election, it too had decided to drop the boycott and return to the fray, but said a final decision would be taken at a party meeting on Monday.

© Copyright 2000 - 2007 The Hindu

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THE HINDU

Sunday, December 30, 2007

Benazir Bhutto (1953-2007)

Benazir Bhutto (1953-2007)

2007-12-29 11:18:43

Her Life Ended for a Government She Believed in

In the wake of the former prime minister’s violent death, governments and societies can expect senseless bloodshed and carnage to escalate!

She would let nothing stand in her way. Not the assassinations of family members, not charges of government corruption or removal from office, or self-imposed exile—or even death threats. She was a staunch advocate for a government she believed in, and was more than willing to risk her life for it.

http://www.realtruth.org/images/bhutto.jpg

RCG Illustration

On December 27, 2007, former Prime Minister Benazir Bhutto was assassinated by a suicide bomber as she exited a public campaign rally in Rawalpindi, Pakistan. The bombing, which took place in a crowded park, killed at least 20 people and injured several others.

It was originally reported that Ms. Bhutto was leaving the rally when an unidentified gunman on a motorcycle shot her in the neck and chest and then detonated a bomb as she stood in an open-top jeep. (The next day it was learned she was not shot.) Terrified supporters screamed and scrambled for cover while others frantically searched for loved ones among the mutilated bodies strewn on the ground after the blast. Ambulances and emergency personnel circled around the smoky remains of the former prime minister’s vehicle, quickly assessing the carnage while trying to find others who had been hurt.

Ms. Bhutto was rushed to the hospital for emergency surgery, but was reported to have died in the ambulance on the ride there. She was officially pronounced dead at the hospital.

Both a military spokesman and representative of Ms. Bhutto’s political party, the Pakistan Peoples’ Party, confirmed her death.

“She has been martyred,” said Rehman Malik, Ms. Bhutto’s security adviser.

Ms. Bhutto’s violent death came after decades of surviving rejection from government opponents, threats of violence, failed assassination attempts and other obstacles. No matter what she faced, she supported a form of government she believed would be best for her people.

Campaign to Restore Democracy

Earlier this year, Ms. Bhutto survived an assassination attempt when a suicide bomber attacked her cavalcade during a welcome parade held in her honor; over 130 people died. She had returned to Pakistan from an eight-year self-imposed exile after being granted amnesty by current President Perez Musharraf.

“We have to modify our campaign to some extent because of the suicide bombings. We will continue to meet the public. We will not be deterred,” said Ms. Bhutto shortly after the October suicide bombings during the procession welcoming her home.

On the day of her death, as she campaigned for the January elections, she acknowledged concern for her safety to the crowd who had gathered to hear her speak. “I put my life in danger and came here because I feel this country is in danger,” she told the rally before she was killed. “People are worried. We will bring the country out of this crisis.”

At the news of her death, former Prime Minister and political opponent Nawaz Sharif expressed his remorse outside of Rawalpindi General Hospital, where she was pronounced dead. “My heart is bleeding and I’m as grieved as you are,” he said amidst anti-Musharraf chants from grief-stricken Pakistanis.

http://www.realtruth.org/images/071227-001-bhutto-map_small.jpg

Ms. Bhutto, 54, and a graduate of Harvard and Oxford, was backed by both Washington and London. She was a key member in the Pakistan Peoples’ Party and had twice served as Pakistan’s Prime Minister between 1988 and 1996.

She was the daughter of Zulfikar Ali Bhutto, one of the most democratically minded prime ministers in Pakistani history (who was taken from power and executed). Ms. Bhutto was the first female prime minister of a Muslim country, holding the position for two separate terms. But she was removed from office due to allegations of corruption.

In the preface of the second edition of her autobiography, Daughter of the East, Ms. Bhutto wrote, “I didn’t choose this life, it chose me.”

“Born in Pakistan, my life mirrors its turbulence, its tragedies and its triumphs. Pakistan is no ordinary country. And mine has been no ordinary life.”

Ms. Bhutto was on a campaign to restore democracy to Pakistan—drawing many death threats from terrorist groups. With her assassination, the January elections are now in question, possibly to be postponed.

“We repeatedly informed the government to provide her proper security and appropriate equipment, including jammers,” Mr. Malik said, “but they paid no heed to our requests.”

The district police in charge of security for the event had called their security plan “foolproof.”

International Response

http://www.realtruth.org/images/071228-bhutto2_small.gif

Nations across the globe were shocked by the news of the attacks, concerned that progress toward democracy would be disrupted, and that national unrest would destabilize nuclear-armed Pakistan. They also feared the act would ignite more terrorist activity in the region.

U.S. Deputy State Department spokesman Tom Casey said, “Certainly, we condemn the attack on this rally. It demonstrates that there are still those in Pakistan who want to subvert reconciliation and efforts to advance democracy.”

“I am deeply shocked by news of the latest attack in Rawalpindi which has claimed the life of Benazir Bhutto and killed at least 15 other people,” said British Foreign Secretary David Miliband in a written statement, also saying that Bhutto “knew the risks of her return to campaign but was convinced that her country needed her.”

President George W. Bush said, “The United States strongly condemns this cowardly act by murderous extremists who are trying to undermine Pakistan’s democracy.”

German Chancellor Angela Merkel also condemned the attacks as “cowardly,” saying that the attacks targeted the “stability and democratic process of Pakistan.”

The Vatican spokesman Reverend Federico Lombardi said, “One cannot see signs of peace in this region.”

British Prime Minister Gordon Brown said Ms. Bhutto had “risked everything in her attempt to win democracy in Pakistan and she has been assassinated by cowards who are afraid of democracy.”

“Benazir Bhutto may have been killed by terrorists,” he said, “but the terrorists must not be allowed to kill democracy in Pakistan. This atrocity strengthens our resolve that terrorists will not win, there, here or anywhere in the world.”

In a letter to Mr. Musharraf, French President Nicolas Sarkozy called the attack an “odious act” and said “terrorism and violence have no place in the democratic debate and the combat of ideas and programs.”

Awaiting the Perfect Government

Though Benazir Bhutto’s life was so violently and suddenly taken, she established a legacy of boldly facing and surmounting obstacles. She was a survivor, a woman who felt deeply that democracy would bring success to her fellow Pakistanis. She died for a form of government she strongly believed in.

Throughout history, others have died for a government they strongly believed in—“a city which has foundations, whose builder and maker is God” (Heb. 11:10). That utopian government, otherwise known as the kingdom of God, will soon be established on earth. The freedom, abundance and success that Ms. Bhutto and countless others through the years have longed for will become a reality. It will give humanity the laws, statutes and judgments necessary for universal peace and prosperity to spread to—and thrive in!—all nations. That world-ruling super government, established on earth at the Return of Jesus Christ, will give direction, true purpose and meaning to all institutions and systems: economies, education, marriage, family, religion, etc.

But before God’s government is established, certain prophetic events must occur.

When His disciples asked Him about the sign of the closing of this modern age, Jesus Christ warned, “Take heed that you be not deceived: for many shall come in My name, saying, I am Christ; and the time draws near: go you not therefore after them” (Luke 21:8).

http://www.realtruth.org/images/issues/tww.jpg

Tomorrow’s Wonderful World – An Inside View!

Where is the world going? Why is it filled with problems, troubles, evils and ills, causing unhappiness, confusion and misery of every kind? What lies ahead? Is there hope for a different—and truly better—world? Yes! A wonderful world—unlike anything ever seen—is coming. Its arrival is certain. This book presents an inside view of what it will be like!

Today what do we see across this world’s religious landscape? Thousands of differing, competing and disagreeing churches, denominations and movements, all claiming to be led by Christ. Yet Jesus Himself said that His Body—His Church—could not be divided.

Christ also told His disciples, “But when you shall hear of wars and commotions [including acts of terrorism], be not terrified: for these things must first come to pass; but the end is not by and by” (vs. 9).

Man can expect more wars, more terrorism, more senseless bloodshed and carnage to erupt—and escalate. Jesus said that as these horrific events occurred and intensified, something else would unfold: “And this gospel of the kingdom shall be preached in all the world for a witness unto all nations; and then shall the end come” (Matt. 24:14). The parallel account of Mark 13 states, “And the gospel must first be published among all nations” (vs. 10).

That gospel message, foretold to be published to all nations at the end of the age—the same message Jesus proclaimed throughout His ministry: “The time is fulfilled, and the kingdom of God is at hand: repent you, and believe the gospel” (Mark 1:15)—is being published today! It can be read daily on this website (www.realtruth.org) and in the vast literature library of books, booklets and other material at www.thercg.org.

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http://www.realtruth.org

Sethu: a risky project: Editorial in Dinamani

Sethu: a risky project: Editorial in Dinamani

Saturday December 29 2007 00:00 IST

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Details sought for in Rangasamy's Constituency

Congress leader fires a fresh salvo

Rajesh B. Nair

Seeks details of schemes implemented in Rangasamy’s constituency


N. Rangasamy

PUDUCHERRY: Continuing his tirade against Chief Minister N. Rangasamy, All-India Congress Committee general secretary V. Narayanasamy has sought particulars of schemes implemented in the Thattanchavady constituency, represented by the Chief Minister.

He wrote to Chief Secretary Rakesh Bihari on December 13 urging him to provide details of the number of people from Thattanchavady who got government jobs from 2001 to 2007.

The letter, a copy of which was leaked to the media, sought details about funds allocated by the Puducherry Government for schemes taken up at Thattanchavady and funds allocated under the Perunthalaivar Kamaraj Housing Scheme to the constituency.

List demanded

Mr. Narayanasamy also demanded a list of government institutions established in the constituency and funds allocated for them during the same period. He sought to know the total amount distributed from the Chief Minister’s Relief Fund to people in Thattanchavady. He also urged the Chief Secretary to furnish details of the beneficiaries of the relief fund from other constituencies.

Mr. Narayanasamy has been critical of the Chief Minister’s style of functioning and accuses him of favouring his constituency while implementing welfare schemes and providing government jobs.

The release of the letter comes soon after Pradesh Congress Committee chief P. Shanmugam urged party leaders to take up their grievances only through the party forum. He had warned those indulging in indiscipline of stern action.

© Copyright 2000 - 2007 The Hindu

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Free Colour TV distribution: Jaya questioned its legality

Free Colour TV distribution: Jaya questioned its legality

Sunday December 30 2007 00:00 IST


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Dinamani

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Thursday, December 27, 2007

Bhutto death: How it happened

Bhutto death: How it happened

Benazir Bhutto was killed as she left a campaign rally in Rawalpindi, near the capital, Islamabad, where she had spoken to an audience of thousands ahead of next month's general election.

A member of her PPP party, Mohammad Zaman, told the BBC what happened next:

"The meeting went perfectly well. She delivered her speech, she came down the stage and got on the land-cruiser.

"She started coming out, we heard three [shots] fired, and after that the bomb blast went [off].

"And when I came down the road I saw there was loads and loads of injured. And I really thought that her vehicle was safe and left the place safely. I was hoping she would be OK."

A BBC correspondent at the rally, Shahzad Malik, said Ms Bhutto had got out of her car to wave to a group of supporters who were chanting slogans in her support near the main gate of the park where the rally had been held.

It was then that the bomber struck.

"I heard a blast. I rushed across to where so many people were lying injured and dead," our correspondent said.

Police officer Mohammed Shahid gave this account: "The man first fired at Bhutto's vehicle. She ducked and then he blew himself up."

Ms Bhutto was taken to hospital. But emergency surgeons failed to save her life.

Officials say Ms Bhutto was shot in the neck, but it is not clear if the shots, the blast, or a combination killed her.

Crying and hugging

There were emotional scenes outside the hospital, with some people crying and hugging each other, and others shouting "Dog, Musharraf, dog" - a reference to the Pakistani president.

The BBC's Haroon Rashid reported from outside the hospital that hundreds of her party workers were still gathered there hours after her death was announced.

He said that others were coming from inside the building urging them to go on the rampage to show their feelings.

"What good are you doing standing around here?" they were asking.

Not long afterwards, lights went out and no police were in view. Our correspondent says getting Ms Bhutto's body out of the hospital for her funeral will present a huge logistical challenge.

Mobs and fires

As news of the death spread, reports emerged of protests breaking out around Pakistan.

As well as trouble in Rawalpindi itself, where Bhutto supporters burned election posters belonging to the ruling party, there were demonstrations in the north-western border city of Peshawar, and in Karachi, where shopkeepers closed their businesses as thousands of people poured out onto the streets.

The unrest was most fierce in Ms Bhutto's home province, Sindh, and security forces were on red alert there, as in the rest of Pakistan.

Courtesy_
http://news.bbc.co.uk


Related stories:

International reactions

Obituary: Benazir Bhutto

Pictures of Benazir Bhutto

Bhutto's last rally Photos

Patent Protection for Software In India

Patent Protection for Software In India

By Gopu V. R. PATENT PROTECTION FOR SOFTWARE IN INDIA INTRODUCTION Patentability of the software- related inventions are very controversial in these days. In early 1960s and 1970s uniform response was that software was not patentable subject matter. But in subsequent years United States and Japan expanded the scope of patent protection.

But several countries including Europe and India are reluctant to grant patents for computer program for the fear that technological progress in this volatile industry will be impeded. Proponents for the software patenting argue that patent protection will encourage, and would have encouraged, more innovation in the software industry. Opponents maintain that software patenting will stifle innovation, because the characteristics of software are basically different from those of the innovations of old Industrial, e.g. mechanical and civil engineering. PROTECTION FOR SOFTWARE RELATED INNOVATIONS WIPO defined the term computer program as: A set of instructions capable, when incorporated in a machine readable medium, of causing a machine having information processing capabilities to indicate, perform or achieve a particular function, task or result.

Software can be protected either by copyright or patent or both. Patent protection for software has advantages and disadvantages in comparison with copyright protection. There have been many debates concerning patent protection for software as information technology has developed and more software has been developed. This caused mainly due to the characteristics of software, which is intangible and also has a great value. It needs huge amount of resources to develop new and useful programs, but they are easily copied and easily transmitted through the internet all over the world.

Also due to the development of e-commerce, there is urge for patenting of business methods. Computer programs remain intangible even after they have actually come into use. This intangibility causes difficulties in understanding how a computer program can be a patentable subject-matter. The questions of whether and what extent computer programs are patentable remain unresolved. More than half of the 176 countries in the world that grant patents permit the patenting of software-related inventions, at least to some degree. There is a worldwide trend in favor of adopting patent protection for software-related inventions.

This trend accelerated following the adoption in 1994 of the TRIPS Agreement, which mandates member countries to provide patent protection for inventions in all fields of technology, but which stops short of mandatory patent protection for software per se. Developing countries that did not provide such protection when the TRIPS agreement came into force (January 1, 1995) have until January 1, 2005, to amend their laws, if necessary, to meet this requirement.

EUROPEAN PATENT CONVENTION The European Patent Convention is the treaty that established the European Patent Organization (EPO). The EPO grants patents that are valid in those member countries designated in the EPO application and subsequently perfected in those countries. Enforcement of the EPO patent is obtained through the national courts of the various countries.

The software has been protected by copyright and excluded from patent protection in Europe. According to Article 52(1) of the European Patent Convention (EPC), European Patents shall be granted for any inventions which are susceptible of industrial application, which are new and which involve an inventive step. Article 52(2) excludes schemes, rules and methods for performing mental acts, playing games or doing business, and programming computers from patentability.

Article 52(3) says that prohibition relates only to software as such. For Some years following implementation of the EPC, software in isolation was not patentable. To be patentable the invention in such a combination had to lie in the hardware. Then came a test case, EPO T26/86, a question of patentability of a hardware-software combination where hardware itself was not novel. It concerned patent for a computer control X-ray machine programmed to optimize the machines operating characteristics for X-ray procedures of different types. The patent office refused to patent the invention.

Technical Board of Appeal (TBoA) disagreed and upheld the patent, saying that a patent invention could consist of technical and non-technical features (i.e. hardware and software). It was not necessary to apply relative weights to these different types of feature.

RECENT CASES

1. VICOM CASE The VICOM case has authority on what does mean computer Program as such and what constitutes a mathematical method.

The patent application related to a method and apparatus for digital image processing which involved a mathematical calculation on numbers representing points of an image. Algorithms were used for smoothing or sharpening the contrast between neighboring data elements in the array. The Board of Appeal held that a computer utilizing a program to carry out a technical process is not claim to a computer program as such.

2. IBM cases Subsequent major development occurred in 1999, when cases T935/97 and T1173/97 were decided on appeal to TBOA. In these cases the TBOA decided that software was not software as such if it had a technical effect, and that claims to software per se could be acceptable if these criterion was met. A technical effect can arise from an improvement in computer performance or properties or use of facilities such as a computer system with limited memories access stimulating better access by virtue of the computer programming. Decisions T935/97 and T1173/97 were followed elsewhere in Europe. The European Technical Board of Appeals of the EPO rendered two important decisions on the patentability of Business Methods Inventions (BMIs). Business Methods Inventions can be defined as inventions which are concerned with methods or system of doing business which are using computers or internets.

3. The Queuing System/Petterson case In this case a system for determining the queue sequence for serving customers at plural service points was held to be patentable. The Technical Board held that the problem to be solved was the means of interaction of the components of the system, and that this was a technical problem, its solution was patentable. SOHEI CASE The Sohei case opened a way for a business method to be patentable. The patent was a computer system for plural types of independent management including financial and inventory management, and a method for operating the said system. The court said it was patentable because technical considerations were applied and technical problems were solved.

Thus, the Technical Board considered the invention to be patentable; it was dealing with a method of doing business. The most widely followed doctrine governing the scope of patent protection for software-related inventions is the technical effects doctrine that was first promulgated by the European Patent Office (EPO). This doctrine generally holds that software is patentable if the application of the software has a technical effect. The EPO law regarding patentability of software tends to be somewhat more liberal than the individual laws of some of the EPO member countries. Thus, one desiring to patent a software-related invention in Europe should generally file an EPO application.

INDIAN PATENT ACT Like in Europe, in India also the doctrine of technical effects governs the scope of patent protection for software-related inventions. The patent Act of 1970, as amended by the Act of 38 of 2002, excludes patentability of software per se. Section 3(k) of the Patent Act states a mathematical or business method or a computer program per se or algorithm is not patentable invention.

The computer program products claimed as A computer program product in computer readable medium, A computer-readable storage medium having a program recorded thereon, etc are not held patentable for the claims are treated as relating to software per se, irrespective of the medium of its storage .

On the other hand a contents display method for displaying contents on a screen, a method for controlling an information processing apparatus, for communicating via the Internet with an external apparatus, a method for transmitting data across an open communication channel on a wireless device that selectively opens and closes a communication channel to a wireless network, and each wireless device including a computer platform and including a plurality of device resources that selectively utilizes a communication channel to communicate with other devices across the network are held patentable though all above methods utilize computer programs for its operation. But computer program solely intellectual in context are not patentable.

CONCLUSION In India software per se is not patentable. The inventions relating to the application of the computer program or software is held patentable under the Indian Patent Act, 1970 when claimed in combination of hardware and software components of a computer which provides a technical advancement over the prior art.

It is necessary for the applicant to describe the technical contribution to the prior art when the invention involves software. The technical problem, which needs to be solved by the invention, should be sufficiently described as to how the hardware is controlled by the software to overcome the previously described problem. The technical character of the invention should be brought out clearly in the claims.

V.R.GOPU M.A, LL.M (U.S), Attorney at Law of PMG ASSOCIATES, Patent and Trademark Attorneys, India of http://www.pmgip.com

Article Source:

http://EzineArticles.com/?expert=Gopu_V._R.

http://EzineArticles.com/?Patent-Protection-For-Software-In-India&id=372644

Courtesy_
http://ngaiphifer.blog.com

An impact of Modi's success formula

An impact of Modi's success formula

Thursday December 27 2007 00:00 IST

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