eChapters

5.1. INTRODUCTION

Mean and standard deviation summarizes the salient features of a data set. But they do not describe adequately the full characteristics of the data. For an adequate description of the characteristics of a data set, a convenient method is to plot a frequency distribution curve. Such curve is constructed by first drawing a frequency polygon, which may then be smoothened to a frequency curve, indicating the distribution. The frequency curve or distribution of specific biological variables generally has a specific form and plays a very important role in statistical theory and practice. It is customary to describe a curve in terms of its symmetry or assymmetry and its flatness or peakedness.

The following types of distribution are commonly seen in the biological world:

4.1. INTRODUCTION

Dispersion is the extent to which values in a distribution differ from the average of the distribution. To quantify the extent of the variation, there are certain measures namely:

1. Range
2. Quartile Deviation
3. Mean Deviation
4. Standard Deviation

Range and Quartile deviation measure the dispersion by calculating the spread within which the values lie. Mean Deviation and Standard Deviation calculate the extent to which the values differ from the average.

3.1. INTRODUCTION

In this chapter, we will study the measures of central tendency which is a numerical method to explain the data in brief. We can see examples of summarizing a large set of data in day to day life like average marks obtained by students of a class in a test, average rainfall in an area, average production in a factory, average income of persons living in a locality or working in a firm etc.

One of the most important objectives of statistical analysis is to get one single value that describes the characteristic of the entire mass of data. Such a value is called the central value or an ‘average’ or the expected value of the variable. This single value is the point of location around which individual values cluster and, therefore, called the measure of location. Since this single value has a tendency to be somewhere at the center and within the range of all values it is also known as the measure of central tendency. The purpose of computing an average value for a set of observations is to obtain a single value which is representative of all the items.

2.1. INTRODUCTION

Many biological variables do not meet the assumptions of parametric statistical tests as they are not normally distributed, the variances are not homogeneous, or both. Objects in nature commonly exhibit one of three distributions:

A Patent is a written document explaining an invention with exclusive right. It is used to protect an inventor/scientist and to prevent other from making profits without permission. It is also used as an authority paper permitting license holders to duplicate the results. A patent application requires a combination of legal documentation and technical papers. This issue makes patent writing a very different writing style.

In India, patent applications can be filed by a patent agent or an individual having some scientific and technical background to understand the invention. However, no one can understand the invention better than the inventors themselves. Document preparation requires healthy discussions between the inventor and agent. For inventors, a good understanding on patent writing style can greatly facilitate the documentation process. Before filing the patent application inventor must be sure about that the subject is eligible for patent protection, the invention has something new, the invention is not obvious and is not easily predictable from general consensus, and the invention has practical application.

Keeping in view the importance of intellectual property rights and their protection, Journal of Intellectual Property Rights (JIPR) was started in 1996. The objective of the journal is enhancing communication between policy makers, organizational agents, academics, and managers on the critical understanding and research on intellectual property; and to promote the development of the newly cultivated research field. The journal publishes contributed/invited articles, case studies and patent reviews; technical notes on current IPR issues; literature review; world literature on IPR; national and international IPR news, book reviews, and conference reports.

JIPR is covered in the abstracting/ indexing services namely Scopus, EBSCO host Electronic Journals Service, Directory of Open Access Journal, Library & Information Science Abstracts database and Legal information Institute of India database.

World Intellectual Property Organization

http://www.wipo.int,http://www.wipo.org

The World Intellectual Property Organization - referred to in abbreviated form as WIPO in English, and OMPI in French and Spanish - was established by a convention signed at Stockholm on July 14, 1967, and entitled “Convention Establishing the World Intellectual Property Organization.” The WIPO Convention entered into force in 1970. WIPO became a specialized agency in the United Nations system of organizations in 1974 and dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.

WIPO promote the development and use of the international IP system through Services, Law, Infrastructure and Development.

Abstract

Describes the genesis, organization and Internet representation of International Patent Classification (IPC). Provides the outline of seventh edition and useful URLs related to it.

Keywords: International Patent Classification, Patent Classification, Classification, Internet representation

Introduction

The International Patent Classification, commonly known as the IPC, is based on an international multi-lateral treaty administered by World Intellectual Property Organization (WIPO). This treaty is called the Strasbourg Agreement concerning the IPC, which was concluded in 1971 and came into force on October 7, 1975. The Agreement aimed to overcome the difficulties caused by using diverse national patent classification system. The common classification system defined by the Agreement is applied to patent and utility model documents. The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property.

Abstract

Patent is a monopoly right which is granted by the Government to the applicant for the full disclosure of an ‘invention’ which is ‘new’, ‘inventive’ and ‘industrially applicable’. Thus, before filing a patent application, the inventor must be sure that the work done by him is new and inventive. Further, during the examination of the patent application, it is required to be verified that the invention claimed in the disclosure/specification is new, inventive and industrially applicable. Since the search for the ‘Novelty’ of the invention is carried worldwide, it becomes all the more important for the inventor and the examiners to search for the prior art thoroughly. Searching for the prior art (i.e. state of the art) across the globe in around millions of documents both patents and non-patent documents, is like ‘searching a needle in the haystack’. However, by using proper keywords and classification techniques, it is possible to arrive at the closest prior art available. Each patent application is classified by the Indian Patent Office and thus attributed to one or several fields of technology. The classification scheme applied is the International Patent Classification (IPC).

Abstract

Patent infringement is the act of unauthorized making, using, offering for sale or selling any patented invention within the India. In case of patent infringement it is necessary for the patentee to compare the claims granted to him with the allegedly infringing product an check whether there is an infringement – whether the infringing product falls within the scope of the claims of the patent. In such a case the patentee may sue for relief in an appropriate court. The patentee may ask for permanent injunction and damages on account of the infringement. It is the crusade of the inventor asserting his rights against an infringer and the law recognizes the importance of this right; because, without such positive and assertive rights, industrial progress would be hard to come by

“Necessity is the mother of invention”, all of us must have heard this statement at some juncture in our lives. Most of us may even have even gone through the motion of inventing something when needed. However, more and more inventions happening today may not necessarily be necessities. These inventions definitely perform the task of improvingand making convenient our overall living environment. Past few years have seen an increasing awareness and understanding in the field of intellectual property. Among all aspects, one aspect of intellectual property that is gaining increasing attention of intellectual property owners is management of the intellectual property rights.

This brings to our minds one question, how was intellectual property management practised by early mankind? We all do know that early mankind has left no stone unturned to make theabove statement”Necessity is the mother of invention”, a reality. Mankind prospered by leaps and bounds on account of sharing their various discoveries and inventions. Way back then knowledge was meant to be shared, as aptly captured in the Sanskrit Sloka:

Introduction

In the perspective of the accelerating national growth rate of 8% recorded at the end of the 10th Plan to a projected growth rate of 10% by the end of the 11th Plan, yielding an average GDP growth rate of about 9% it was appearing that the nation is going to have a strong footing of development. However, it could not be fully achieved due to several reasons including the global recession and other factors related to international economic setback which may deter achieving a projected growth rate of 10% in the 12th Plan. In consideration of the international scenario of growing complicacy in economic growth more emphasis should be given on further efficient utilization of natural resources and intellectual properties of grass root innovators to improve per capita income leading to a promising national structure of economics ensuring wide spread benefits to the society. In this regard, true development of a nation like India can be primarily realized by recognition of wide spread enthusiasm of its innovative human resources living in village and rural areas. It can be made possible only through working with them by appreciating their struggle for survival using all round innovative measures coming out of their daily life experiences and traditional knowledge. Technopreneur Promotion Programme (TePP) is a unique scheme of Government of India for development of society especially by promoting the intellectual properties of grass- root level innovators coming out from the society with a source of inspiration arising out of their daily life struggle for existence. In spite of its limited publicity in remote areas an awareness of this programme has often been found to raise great hope to the villagers to do something for their society exploring the ideas generated from the experiences of life with the help of local resources. Such naturally grown innovation can be found undoubtedly novel and the idea can change their world of dreaming for a more prosperous life by bringing changes in socioeconomic pattern of trade and employment in rural areas with proper support from Government if India through the scheme like TePP.

Abstract

The paper discusses patentability aspect of subject matter. Patentable subject matter must satisfy three basic criteria i.e. novelty, inventiveness and industrial applicability, though few subject matter satisfying all the three basic criteria stated above may still be not patentable in specific jurisdiction based on certain circumstances or as stated in the patent act of the specified jurisdiction. Therefore grant of a patent is subject to certain limitations mentioned in the section 3 and 4 of the Indian Patent Act for Indian jurisdiction. The aim of this paper is to study such limitations in detail.

Abstract

An intellectual property infringement is the violation of an intellectual property right of the owner. Infringement is established based on the law governing appropriate IPR in the concerned country. Both civil and criminal remedies are available under the concerned law. The present paper introduces the patent infringement as per Indian Patent Act, 1970. It discusses various modes and types of infringements which can take place. It further discusses a procedure to formulate opinion about product infringing a granted patent. In the end some usual defenses against patent infringements have been discussed. Some case studies have also been presented along with the damages awarded for the patent infringement.

The main purpose of this lecture note is to provide basic information on patent drafting skills and train applicants for drafting a patent in clear and concise manner.

We will see the components of Complete Specification through the following Case studey (1) of a solar water heater. The figures are provided below for reference and better understanding.

Technology transfer is an important commercial tool for leveraging and optimizing the value of intangible assets in the present era of globalization which has deepen the process of integration of the economic resources including the free movement of goods, merchandise, services, capital and intellectual property rights. This economic integration is facilitated by a legal framework of World Trade Organization (WTO) under various agreements including the Trade Related Aspects of Intellectual Property Rights (TRIPS). There are other International Institutions i.e., World Intellectual Property Organization (WIPO), World Customs Organizations (WCO) and United Nations Conference on Trade and Development (UNCTAD) to regulate and provide guidance for the protection and enforcement of IPRs. The present global economy is geared and triggered by knowledge and almost 80 % of the global wealth comes from knowledge based intangible assets and helps optimization of the limited global resources. Technology transfer is a tool for leveraging the value of IPRs and also for sharing knowledge around the world. Knowledge is weightless and in today’s era, knowledge is driven by Information and Communication Technology (ICT) which adds to productivity in all aspects of economic life.

The term “Technology transfer” broadly connotes transfer of knowledge from one legal entity to another legal entity within and outside the national territories of the legal owner of the Patent holder at a consideration, known as license fees or technical fees or royalty. This may happen as a part of Foreign Direct Investment (FDI) or as a part of pure technological collaboration. In other words, Transfer of Technology (TOT) and Technology Commercialization allows the transfer of the technology by a patent holder to a user for further development and exploitation of the technology into new products, processes, applications, material or services. Patent provides an exclusive right to the patentee to exclude others from using an invention without his consent and the technology transfer is the process to include the licensee as the legal user without infringing the rights of the patentee. The exclusive right granted to a patentee is the right to prevent others from making, using, selling, or distributing the patented invention without his permission. The technology transfer allows the user to use the patented technology with the consent of the patent holder.

Abstract

The main aim of the article is to identify the strengths, weaknesses, opportunities and threats of current IPR system in context to Indian regime and also to understand overall planning as well as important tactics and means to use IP legal protection system to fully safeguard one’s legitimate rights and interests, obtain and maintain competitive edges, restrain competitors and seek optimal economic performance by selection of appropriate IP strategies. This article also proposes ways to select IP strategy based on BCG matrix and product mix.

Introduction

‘IP’ refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness. An IP right is thus a legal right, which is based on the relevant national law encompassing that particular type of intellectual property right. Such a legal right comes into existence only when the requirements of the relevant IP law are met and, if required; it is granted or registered after following the prescribed procedure under that law. All countries around the world have a national legal system of intellectual property rights which has developed over varying periods of time during the last 150 years or so. It has enabled the grant of property-like rights over such new knowledge and creative expression of mankind, which has made it possible to harness the commercial value of the outputs of human inventiveness and creativity. This is usually done by its orderly use, exchange or sharing it amongst various types of business partners in a complex network of strategic relationships that generally work harmoniously during the new product development process for creating and marketing new and improved goods and services in domestic and export markets.

IPR is a tool for Innovation and reward for it. Innovations are concerned with the commercialization of new ideas; in contrast, an ‘invention’ may not be directly associated with commercialization. As such, innovation may be seen as a process of interaction and feedback during the various stages of the new product development process. An invention is considered as the generation of a new idea or knowledge, which aims to solve a specific technical problem. Inventions could relate to products or processes and are characteristically protected by trade secrets, utility models/petty patents or patents. Utility models/petty patents or patents are granted/registered under the relevant national/regional law by the relevant national or regional patent office. As not all inventions are commercialized, so it is clear that not all inventions result in innovations.

Abstract

The two most important tasks for a patentee to undertake after being granted a patent, in any patent regime, would be to pay the renewal fees necessary to keep the patent alive, and provide proof of having worked the patent in the jurisdiction. This article seeks to highlight features of India’s legal requirements with regard to the working of patents on a commercial scale. The number of patents granted in a country is an indicator of the technological strength of the country. However, it should be noted that actual technological growth depends upon the working of patents. Working of a patent means the commercial exploitation of the invention that is embodied in the patent.

VIVEK M. PATIL

Antivirus software : Programs specifically designed to detect and disable viruses and other harmful software that can invade the computer system and damage it.

Applications/Application software : Programs designed to perform a specific function directly for the user or for another application program, using the services of the computer’s operating system and other supporting programs. eg. word processors, spreadsheet programs, database programs; image editing programs etc.

Artificial Intelligence (AI) : The simulation of human intelligence processes by machines, especially computer systems. These processes include learning (the acquisition of information and rules for using the information), reasoning (using the rules to reach approximate or definite conclusions), and self-correction.

Aspect ratio : The ratio of the number of horizontal dots (pixels) to the number of vertical dots on the computer screen.

Backup : A method of copying one of more files/folders from a hard drive on the computer to other external storage devices like a CD/DVD, external hard drive, flash drive etc. so as to have an additional copy of the data in case the original is damaged/lost.

Bandwidth : In computer networks, bandwidth is often used as a synonym for data transfer rate - the amount of data that can be carried from one point to another in a given time period (usually a second). This kind of bandwidth is usually expressed in bits per second (bps).

Computer Purchase

With so many factors to consider, deciding which omputer to buy can be a real challenge. From components to software to accessories, new PCs offer a bewildering array of choices. Sifting through the large number of options can be a daunting task. Almost any PC on the market today can more than adequately handle such standard office chores as word processing and spreadsheets, as well as basic Internet functions like e-mail and general browsing. If you want to edit digital video or manage a large database, however, you may need more than the basics.

The best way to pay only for what you need is to carefully consider what you want to do with your system now, and try to anticipate what might interest you next 2-3 years. Specific applications call for certain types of hardware, whether at home or in the office. When you’re ready to buy a computer, here are some recommendations for the average user’s basic requirements:

History of Social Networking Services

The notion that individual computers linked electronically could form the basis of computer mediated social interaction and networking was suggested early on. There were many early efforts to support social networks via computer-mediated communication, including Usenet, ARPANET, LISTSERV, bulletin board services (BBS) etc.

Early social networking websites included Classmates.com(1995), focusing on ties with former school mates, and SixDegrees.com(1997), focusing on indirect ties. User profiles could be created, messages sent to users held on a “friends list” and other members could be sought out who had similar interests to yours in their profiles. Whilst these features had existed in some form before SixDegrees.com came about, this would be the first time these functions were available in one package. Despite these new developments (that would later catch on and become immensely popular), the website simply wasn’t profitable and eventually shut down. It was even described by the website’s owner as “simply ahead of its time.” Two different models of social networking that came about in 1999 were trust-based, developed by Epinions.com, and friendship-based, such as those developed by Jonathan Bishop and used on some regional UK sites between 1999 and 2001. Innovations included not only showing who is “friends” with whom, but giving users more control over content and connectivity.

Introduction

E lectronic-resources is an umbrella term which refers to provision of digital instruction courseware over the public Internet, private distance learning networks or in-house via an intranet. E-resources most often means an approach to facilitate and enhance access through the use of devices based on information and communications technologies (ICT) like personal computers, digital television, PDAs (Personal Digital Assistant) and mobile phones. The electronic resources might include notes, PowerPoint presentations, video clips or Internet sites.

Online library resources aim at providing materials, information and services by different types of libraries to the end users. These libraries may be in different jurisdictions, but agree to serve one another on the same basis as each service to its own users through the use of ICT. With the rapid growth of information on veterinary science, there are frequent delays in providing service to the end users when traditional library systems are adopted. The cost of providing service is also rising, mainly because of manual methods and duplication of investments in library holdings. ICT enables the use of the Internet, email, discussion forums, and collaborative software to support students and veterinarians through the use of WANs (Wide Area Networks), and may also be considered where greater flexibility and just-in-time access is desired.

The Internet is a worldwide network of networks connecting millions of users, spread across continents, exchanging thousands of gigabytes of information, accessing numerous databases that cover everything from cooking to astronomy, all relatively inexpensively. The Internet offers virtually unlimited amounts of information related to animal medicine and provides all the tools to access it. ‘www’ is probably the most famous three letters of the last century, signifying a series of servers that are interconnected with each other through hypertext transfer protocol or ‘http’. A significant part of the credit for increasing the popularity of the Internet belongs to the World Wide Web. It is always better to use evaluated web resources as the quality of websites is a problem in cyberspace.

Dirying in India has traditionally been the preserve of landless agricultural labourers and small and marginal farmers, who have maintained very small herd sizes. However, of late, with increasing consumer awareness regarding milk quality, there has been a marked increase in the number of large, well-organized dairy farms which cater to predominantly urban markets. Terms like clean milk production, organic milk, microbial load of milk etc. are being used more frequently while referring to milk quality. Larger, intensive dairy farms not only profit from the economies of scale by way of optimum utilization of land, labour and resources, but also benefit from the fact that it is easier and cost-effective to implement more efficient technologies like machine milking, manufacture of by products, chilling, packaging, bulk transport etc. Further, most of these farms are able to realize a premium price for their products on account of high quality and brand identity, thus leading to greater profitability.

Computers take on an increasingly important role in today’s world. In this regard, their utility as tools for imparting high quality professional knowledge to veterinarians is much needed. e-learning covers a wide set of applications and processes, including computer-based learning, web-based learning, virtual classrooms, and digital collaboration. The delivery of content could be via electronic media, including the internet, intranets, extranets, satellite broadcast, audio/video tape, TV and CD-ROM. Information and Communication Technology (ICT) in the form of on-line teaching, face-to face video-cases and video-performances has recently been applied in the veterinary profession all over the world. ‘m-learning’ is the new buzz word almost indicating learning “anywhere” using mobile phones and Bluetooth or WiFi technologies. However, in the veterinary profession, connectivity is an issue as high quality network service is lacking in most remote areas. Some other terms frequently interchanged with e-learning are online learning, online education, distance education, distance learning, technology-based training, web-based training and even computer-based training (generally thought of as learning from a CD-ROM). e-learning is a broad term used to describe learning done at a computer.

Starting from the middle of the 20^th Century, information has become a commodity. Those best able to access information will be more successful than their peers in their future careers. Technological competence will be as important as medical competence to practice at the highest levels. Advances in computer technology have made access to veterinary and medical databases much simpler than in the past. It is quite likely that in the future, it will be a malpractice for practitioners not to access online information essential to the treatment of their patients. Wireless digital transfer of information will make access to necessary information independent of time and place.

Veterinary medicine and educational delivery are becoming an increasingly international market. Those who are prepared to deliver material in this manner will have a competitive advantage. Use of digital technologies will allow veterinary colleges to share information, including class material, more efficiently. This will enable each college to market specific educational information for students at other veterinary colleges or continuing education modules to graduate veterinarians around the world. On-line certificate programmes in specific veterinary topics will be developed. Use of computer technologies can enrich the teaching environment. By digitizing library, classroom, and laboratory visual images, students can access these materials at any time or place, freeing them from library and classroom schedules. Medical colleges have found that students heavily use these image resources. Computer technologies provide both horizontal and vertical integration of the professional curriculum, allowing students to explore information to the depth at which they are comfortable, without regard to their “year of study” in a traditional “linear” curriculum. Allowing students to see future applications of current learning material provides additional incentive to master basic material. Computers are a tool, just like a textbook, notebook, or calculator.

A nimal disease monitoring describes the ongoing efforts directed at assessing the health and disease status of a given population. The disease can be a specific infectious disease/diseases or health in general, whereas the monitoring activities are the routine recording, analyses and distribution of information related to the disease (or health). The term disease surveillance is used to describe a more active system and implies that some form of directed action will be taken if the data indicates a disease level above a certain threshold.

In today’s click-and-access kind of world, Information Technology is finding applications in every field and animal disease monitoring & surveillance is no exception. The various technologies which are applied are Geographic Information Systems, Global Positioning System, database management, computer aided design (CAD), computer network technologies, artificial intelligence (AI), expert systems etc.

Telemedicine is a rapidly developing application of clinical medicine wherein medical information is transferred via telephone, the Internet or other networks for the purpose of consulting, and sometimes remote medical procedures or examinations. Telemedicine may be as simple as two health professionals discussing a case over the telephone, or as complex as using satellite technology and video-conferencing equipment to conduct a real-time consultation between medical specialists in two different countries. Telemedicine generally refers to the use of communications and information technologies for the delivery of clinical care.

Care at a distance (also called in absentia care), is an old practice which was often conducted via post; there has been a long and successful history of in absentia health care, which, thanks to modern communication technology, has metamorphosed into what we now know as modern telemedicine.

The terms e-health and tele-health are at times wrongly interchanged with telemedicine. Like the terms “medicine” and “health care”, telemedicine often refers only to the provision of clinical services while the term tele-health can refer to clinical and non-clinical services such as medical education, administration, and research. The term e-health is often, particularly in the UK and Europe, used as an umbrella term that includes tele-health, electronic medical records, and other components of health IT.

A Hospital Management System not only provides an opportunity to the hospital to enhance their patient care but can also increase the profitability of the organization. These kinds of applications enable hospitals and doctors to serve their patients better. Computers are being extensively used for routine administrative purposes by health care professionals.

In veterinary medicine, hospital management software is designed for all types of practices, ranging from small, single-vet ones to large ones with multiple locations and vets, and covers a wide range of hospital administration and management processes. It is an integrated end–to-end management system that provides relevant information across the hospital to support effective decision making for patient care, administration & critical financial accounting in a seamless flow. Specific areas of application include scheduling of appointments, registration of cases including client and patient data, case history and electronic medical records, health care reports, reminders, inventory controls, reports and accounting.

Livestock wealth is very precious for a developing country like India. In India, animal husbandry is no longer a subsidiary to agriculture or a backyard vocation. Animal husbandry has metamorphosed into an industry and the latest reports suggest that the contribution of animal husbandry sector to the GDP of the nation is substantially higher despite the meager input. Animal husbandry offers a better scope for marginal farmers whose income from agriculture is dwindling fast due to vagaries of monsoon, fragmentation of landholdings, pest problems, poor pricing etc. Though the growth of livestock industry is very promising, in order to make India a global leader in animal husbandry, it is imperative to integrate it with developments in other fields. The developments in Information Technology over the past few decades are tremendous and offer great potential in improving animal health through various measures like effective disease forecasting, rapid and accurate disease diagnosis, modern therapeutic measures etc.

Veterinary Informatics is the discipline concerned with the application of information science, engineering, and computer technology to support veterinary health care. Veterinary informatics and the larger field of medical informatics is often called health care informatics or biomedical informatics and forms part of the wider domain of e-health. Applications of Information Technology in different aspects of animal health are discussed below.

Evolution of the Internet

The Internet, as we know it today had a very humble beginning. J C R Licklider of the Massachusetts Institute of Technology envisioned the Internet as far back as 1962 in a series of memos written by him that talked about social interactions that could be enabled through networking, a concept that he termed his “Galactic Network”. He joined DARPA (Defense Advanced Research Projects Agency) in October 1962 and was its first research head. There, in collaboration with Lawrence G Roberts and other scientists in 1965, the ARPANET (Advanced Research Projects Agency Network) was conceived. With other developments, ARPANET was transformed into the Internet as we know it today. The technology involved in this was a very basic packet switching network that later moved to include packet satellite networks, ground-based packet radio networks and other networks. In packet switching mode, the hub router, which acts as the intermediary, decides the best path for sending or receiving data packets, unlike circuit switching mode (used in telephony) in which there is a dedicated path by which the data travels from the source to the destination.

The future of networking was based on this skeleton. Further down the line, the TCP/IP (Transmission Control Protocol/Internet Protocol) was developed, which had the ability to address networks and machines further downstream. Other technologies like telnet, e-mail, internet telephony etc, were also developed subsequently. By 1990, the ARPANET was decommissioned and TCP/IP had displaced most other Wide Area Networking (WAN) protocols and was fast becoming the accepted protocol for internetworking. After a while, the World Wide Web (WWW) came into existence. A consortium called the World Wide Web Consortium (W3C) was formed in 1992 and it had taken on the responsibility for evolving the various protocols and standards associated with the web. Soon after this, commercialization of the internet started taking place. There was a marked increase in the number of communities across the internet. Bulletin Board Services and Usenet groups were now home to more computer users than ever before. With the advent of such information, corporations and businesses also started looking at the internet in terms of business viability. In 1994, Pizza Hut started offering pizza ordering on its Web page while First Virtual, the first ‘cyberbank’, launched its online presence. By this time, there were more than 38,64,000 hosts on the Internet. Since then, the Net has grown rapidly and the process continues to this day.

Though the Internet hit India in the late 1980s, it was deemed fit only for researchers and scientists. Commercial internet access was first introduced by VSNL in August 1995. Today internet in India has ballooned and India has become a giant in the IT Enabled Services (ITES) field. With falling internet access costs and increasing users, India’s ranking in terms of internet users is rising fast.

The Internet is growing at an amazing rate. The main reason for this is that the Internet has now become an accepted part of the mainstream urban life. It is used for almost everything imaginable, from recreation and entertainment to learning about rocket science. However, not everything about is good. There is an information overload and not all the data that is available is true and should not be accepted at face value. The internet is not limited to the PC anymore and has percolated down to various devices thanks to advancement in technologies like GPRS, EDGE, CDMA, WiFi etc. through which it can be accessed with a mobile device.

SANTOSH P. SARANGAMATH & VIVEK M. PATIL

While System Software like device drivers and utilities enables the application software to interact with the computer hardware, Programming Software like compilers, debuggers and interpreters provides tools to assist a programmer in writing computer programs. However, most common users interact with their computers using Application Software, which enables them to carry out various daily tasks.

Application Software

Application software is programs that work with the operating system software to help the computer to do specific types of work. Applications are the pieces of software that perform tasks for the user besides helping the computer to operate (i.e. the task of system software). Applications range from games, calculators, and word processors (document creation programs). Application software can be easily divided by looking at exactly what function they serve. Listed below are some common types of software which one may encounter while using a computer. Application Software can be categorized into :

M. D. SURANAGI

Software is a tool that allows the hardware to process and manipulate data. It is essentially a list of commands; therefore it is not something you can touch. Software is stored in the different drives in a computer. Software, like data, can be stored and shared through disks. Unlike hardware, software is not permanent. It can be added, removed, and changed very easily. Individual software pieces are normally called programs. There are different types of programs. The three major categories of software are System software, Application software and Programming software.

• System software like device drivers and utilities enables the application software to interact with the computer hardware.
• Programming software like compilers, debuggers and interpreters provides tools to assist a programmer in writing computer programs.
• Application software is what most users commonly use to interact with their computers and carry out various daily tasks.

VIVEK M. PATIL & M.D. SURANAGI

A computer is an electronic device that has the ability to store, retrieve, and process data, and can be programmed with instructions that it remembers. Simply put, it is a very obedient servant which does whatever task it is commanded to do, in the manner in which it is trained/ programmed to carry out that task. Some of the terms commonly referred to while using computers are:

• Hardware : The physical parts that make up a computer eg. input devices, the central processing unit (CPU), memory and output devices.
• Software : A set of instructions that tell the computer what to do and how to perform a particular task is called a program, software program, or software. eg. Microsoft Word document management software enables us to type out a letter.
• Peripherals : Hardware devices connected to a computer i.e. any part of the computer outside the CPU and working memory. eg. keyboard, mouse, monitor, printer, scanner, disk and tape drives, microphone, speakers, joystick, plotter, and camera.
• Input : Whatever is typed, submitted or entered into a computer system. eg. typing a list of names.
• Data : The symbols that represent facts, objects and ideas on a computer. eg. representation of a list of names in binary language.
• Processing : Manipulation of data by the CPU of the computer or a microprocessor. eg. sorting of the list of names in alphabetic order.
• Output : The result produced by a computer after manipulating data. eg. printing out the list of names in alphabetic order.
• Memory : An area of the computer that temporarily holds data waiting to be processed or stored. eg. random access memory (RAM) and read only memory (ROM)

VIVEK M. PATIL

The term “information” has a diversity of meanings, from everyday usage to technical interpretations. Generally speaking, the concept of information is associated with knowledge derived from study, experience, or instruction. Technology, on the other hand, refers to the application of knowledge to the practical aims of human life, or to changing and manipulating the human environment. Technology includes the use of materials, tools, techniques and sources of power to make life easier or more pleasant and work more productive. Technology began to influence human endeavour as soon as people began using tools. Technology also started being used for managing information when the amount and variety of information grew to such vast proportions that the human brain could neither store nor process it efficiently.

Definition

The term Information Technology (IT) was coined by Jim Domsic of Michigan in November 1981. Domsic created the term to modernize the outdated phrase “data processing”. Information Technology is a general term that describes any technology that helps to produce, manipulate, store, communicate and/or disseminate information. Presumably, when speaking of Information Technology as a whole, it is noted that the use of computers and information are associated. “Information Technology” as defined by the Information Technology Association of America (ITAA), is “the study, design, development, implementation, support or management of computer-based information systems, particularly software applications and computer hardware.” IT deals with the use of computers and computer software to convert, store, protect, process, transmit and securely retrieve information.

I. CHALLENGES TO CYBERSPACE

The problems and prospects of copyright and information technology need to be deliberated in the context of present day jurisprudence. The subject is referable to the extensive use of information technology all over the world which has resulted in enhanced efficiency, effectiveness and optimum use of resources. The copyright law is concerned with the negative right of preventing copying of the physical material in the field of literature and arts. Trade and Merchandise Marks Act protects the patent, trade mark and design giving the registered proprietor an exclusive right to the registered material. The prohibition contained in rights in patent and copyright extend to the unauthorised manufacture or reproduction, so long as the exclusive right rests. Copyright has been held to be not the mere creature of the statute but a natural and civil right. The moral basis of the copyright is that the man is entitled to the fruits of its mental faculties as much as he is entitled to the fruits of his mechanical labour. The law rests on the English Commandment - thou shall not steal. It does not permit one man to make a profit and appropriate himself what has been produced by the labour, skill and capital of another. Blackstone in his commentaries Vol.II at page p.406 has stated:

There is still another aspect of property and this is the right which an author may be supposed to have in his own original literary compositions: so that no other person without his leave may publish or make profit of the copies. When a man by the exertion of his rational powers has produced an original work, he seems to have clearly a right to dispose of that identical work as he pleases and any attempt to vary the disposition he has made to it appears to be an invasion of that right.

I. INTRODUCTION

The Websites are soaked in information, much of it with varying degrees of copyright protection. In fact, the reality is that almost everything on the Net is protected by copyright law. E-business Websites are a composition of materials, often consisting of words, graphics, audio, and video that are expressed to the consumer as information content. The owners and Website developers carefully select the content to sell the company’s product or service. The subject matter expressed in the site is an electronic publication of this content. Since, designing, producing, and maintaining a sophisticated Website is very expensive, protecting content ownership is extremely important. Electronic commerce will continue to be highly competitive. As Websites become more and more interactive with consumers, their creation, design, and maintenance place enormous demands on innovative marketing techniques that should be legally protected.

Never before has it been so easy to violate a copyright owner’s exclusive right to copy the material. Everyone with a computer and an Internet connection creates his own Web pages and thus become a publisher. Hence the rules that once applied to only a few companies bind million of people now. Imagine having paid a Website developer hundreds of thousands of rupees to launch a killer application and acquiring millions of Rupees from a venture capitalist firm, only to discover that another e—business is using your online material. Or consider a scenario where your Website is linked to an e-business that displayed copyrighted material without the owner’s consent. Could your company be liable under a theory of copyright infringement? This paper highlights the scenario when contents of your Website are exploited by others without your permission or knowledge. The discussion is centered on copyright issues involved in the practices of linking, inlining and framing technologies which are normally being used on the Internet.

I. INTRODUCTION

Information technology has heralded a new era of Communication System. It has revolutionized the whole commercial world. The mother earth looks like a global village where people sitting thousands of miles away can talk face to face, like people sitting across the table. Business men and consumers are using computer to create, transmit and store information in the electronic form. Traditional form of paper documents are being discarded for the reason that electronic method is Cheaper, easier to store, retrieve and communicate. Though these advantages are obvious but people were reluctant to transact business in electronic form due to lack of legal frame work, validating these transactions. All the paper transactions involved writing and signature to conclude them. These writings and signatures posed a great hurdle for electronic governance and electronic commerce for validating and enforcing them. The law of Evidence is based on paper made documents which should have been signature. Since electronic commerce eliminates the need for paper based transactions, hence to facilitate e-commerce the need for legal change has become an urgent necessity. International trade, though the medium of e-commerce, is growing by leaps and bounds for the past few years. Many countries have switched over from traditional paper based commerce to e-commerce. The instantaneous means of communications through internet have been a great menace to copy right in different areas David Teather from London has reported that the International Federation of the Phonographic Industry say that the market in year 2000 was worth $36.9 billion, a fall of 1.3 per cent on the previous year. The biggest decline in the sale of C.D. singles was 39% and globally it fell by 14%. The growth in popularity of Napster and to contain the damage. Napster is in the process of removing copyrighted material from its site.¹ But the powers of the computer are so great that the law enforcement agencies are facing a real challenge to contain its onslaught. Internet telephony is a common sight at cyber cafe, despite the fact that it is illegal.2 B.B. Nanda and R.K.Tewari observe that “ internet paedophilia, computer network break-ins, industrial espionage, Child pornography password sniffling, spoofling, telecommunications fraud, software piracy, e- mail bombing and spamming, and the availability of illicit or unlicensed products and services are offences already making themselves felt. Emerging problems include credit card fraud, cyber terrorism, cyber laundering and criminal use of secure internet communications. The huge growth of internet will breed cyber fraud with great ease especially in the area of share-holdings of companies.3 The present weak electronic system of payment without adequate safeguard is posing a serious risk for unauthorised withdrawals from banks and counter money laundering operations. Software piracy is a boom business and video and phonographic industries are sinking day by day globally.4 The UNCITRAL Model law provides for equal legal treatment of users of electronic communication and paper based communication. In pursuance of a declaration made ‘by Member Countries, the World Trade Organisation (WTO) is about to form a work programme to handle its work in this area including the formation of multilateral trade deals through the medium of electronic commerce. The paper discusses, briefly, the meaning of cyber space the origin and development of intemet and e commerce its uses and abuses. Certain provisions relating to Information Technology Act, 2000 have been briefly discussed to apprise oneself about its effectiveness in meeting the challenges posed by e commerce in different areas.

I. INTRODUCTION

In a global, knowledge-based economy, Intellectual Property Rights (IPRs) are a key to the international competitiveness of both nations and firms. International competition in the traded goods increasingly contains a high degree of innovation. IPRs have thus; become a trade issue and a major component of the World Trade Organisation (WTO). Adequate IP protection at an international scale has become essential for appropriating global revenue streams to support investments in developing state of- the- art technology. Although the concept of intellectual property is very old, there appeared the need to harmonize laws to facilitate international trade and free flow of technology. This became very necessary because it was difficult to obtain sufficient protection in the other countries of the world, in view of the disparity in the laws in each country. As per World Intellectual Property Organisation (WIPO) definition, intellectual property refers to creations of the mind, inventions, literary and artistic works, symbols, names, images and designs used in commerce. Broadly, intellectual property is divided into two categories. The first category covers industrial property, which includes patents, industrial designs and trademarks, all of which have industrial applications. The other refers to copyright laws, which are applied to such things as literary, dramatic and artistic works; rights relating to performing artists, the production phonograms and rights of broadcasters in their radio and television programs.¹ Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting and plastic, to ballpoint pens and microprocessors. During a time when the future of many industries seems uncertain, one industry in particular appears to be positioned for expansion and enduring success. This is the biotechnology industry, which according to some analysts will be a major driving force behind the new economy of the 21st century.2 This seemingly lofty prediction is based in large part on the immense promise offered by biotechnology. The innovations developed with biotechnological techniques promise to prolong and improve our lives and the world we live in by achieving advancements in health care, agriculture, food products and production, industrial processes and environmental preservation. Biotechnology is not a new science and it has existed in some form or the other for centuries. Biotechnology in one form or another has been part of human development since the dawn of agriculture. Human ingenuity has led to increased production and greater diversity and quality of livestock and varieties of crops. Today’s food crops and domestic animals embody the benefits of many generations of selection and breeding. However, the advent of genetics has opened exciting opportunities in this sector, because of its numerous applications, which range from improvement of human health and food production to reduction of environmental damage. These opportunities are also coupled with controversies that not only challenge the laws within which society functions, but also our ethical and religious beliefs.

I. INTRODUCTION

Over the last few decades, protection of intellectual property rights (IPRs) has become a global issue. The existing international intellectual property rights regime has been governed by the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement.1 Inspite of maturity of intellectual property laws in post TRIPS era it still desiderate to established coherence with human rights laws particularly right to health and maintain a distance with the socio-economic dimension of intellectual property protection. On the other hand the international human rights instruments from the very beginning appear to be considerable to make certain links with intellectual property rights.2 The issue that is now debated that the adoption of the TRIPS Agreement provisions have serious impact on the realization of certain basic human rights such as the right to health because of non availability and affordability of much needed medicines for the poorer populations of the world particularly in majority of developing countries. Meanwhile TRIPS flexibilities as confirmed by the Doha Declaration on Public Health were adopted in 2001 by the global community to address medicines as public health issue.3 Keeping in view the above developments the problem of right to health and the relationship between medical patents and access to medicine in the case of the HIV/ AIDS and T.B epidemics is complex challenge in the context of the 2030 Agenda for Sustainable Development Goals in 2015 adopted by Member States of the United Nations in Sep, 2015. One of the aims of the agenda is to ensure healthy lives and promote the well-being of people of ages.4 In such a situation it is high time to revisit the existing intellectual property regime in the broader context to protect everyone who is likely to be negatively affected by intellectual property standards imposed by developed nations. Under this backdrop the present paper wishes to examine the various kinds of potential impacts of intellectual property regime on the realization of access to medicine as part of human right to health as universal entitlements amongst the most disadvantaged and marginalized peoples and communities in the broader context of sustainable development goals.

I. INTRODUCTION

Procedural remedies for the infringement of one’s right are not enough by themselves unless they result in some reliefs of substantive nature whereby it can reasonably be said that these reliefs, temporary or permanent, as the case may be, are enough in the circumstance to make good or, say, compensate the genuine loss of the aggrieved party to an infringement suit. The substantive remedies available to a successful plaintiff at any stage in any suit for patent infringement could, however, be derived from the express as well as by necessary implication of the provisions of the Patents Act, 1970 dealing with the “Reliefs in suit for infringement”. Its Sec. 108 declares in terms quoted below:

I. INTRODUCTORY OUTLINE

The post-Vienna legal phase is remarkably known for revolutionary changes across the global wherein the third generation of human rights became the hallmark for the comity of nations and a liberational instrument to come out of nightmarish experiences of poverty and hunger.1 On the other hand the post-GATTised legal ordering is known for much publicized and debatable conclusion of Trade Related Aspect of Intellectual Property Rights (TRIPs) and creation of World Trade Organisation (WTO).2 This new jurisprudential polemics soon evoked fierce scrutiny from the stand point of human right and poverty among third world countries.3 At home, it is dubbed as ‘bleeding operation with the dubious promise of benign global competition’, ‘de facto nullity of constitutional goal of social welfare’ and ‘contra- constitutional coup.4 Since India has become a member of WTO it indulged into massive rehabilitation and fundamental mutation of IPR regime. Despite the fact that it has a stark distinction of being a grain- surplus and food and livelihood insecure country. An inventory of over forty five million tonnes of wheat and rice in granaries remains ready for consumption. On the other hand over two hundred fifty million people generally go to bed partially hungry every day. There is a near consensus on the need to banish hunger but the realities on the ground remain that even at the risk of raising hopes the goal of food security may not be realized for generations.5 At home under the cover of food security the government is keeping millions of tonnes of food out of reach of the poor people.6 In fact India’s record breaking 200 plus million tonnes harvest is the result of steep fall in purchasing power of poor. The myth of surplus is based on sending hundreds of millions of human being hungry to their beds.7 Taken to its logical end we have abundance of food, surplus of hunger and scarcity of vision under the garb of food security.8

I. MANDATE OF COPYRIGHT LAW

The importance of intellectual property rights has arisen in recent years to a great extent. The law of copyrights protects original forms of expression i.e. Novels, Movies, Musical compositions and computer software etc. Earlier it was mainly confined to the -published Work and owner of it could prevent others from getting it published in the form of books or articles in order to get benefit in terms of money or goodwill or reputation. In case of such undue enrichment, the owner had a valid cause of action. The owner of the copyright has a valid cause of action against the violator. At present even in case of its adoption and translation or abridgement, it is obligatory to have consent of author. The main purpose and object of copyright law is to protect the expression in any other form from unauthorized use. Since 1847, the copyrights law is in developing stage so, many legislations has been enacted.1 With the changing of times, the meaning of expression also changes and the style of exhibit the things also changed. The right of author who gives expression in any form is protected from unauthorized use.

I. INTRODUCTION

Nations are growing with pace in technology and technological advancements. Till the end of 20th century development was the priority of entire planet earth but in the ending of the 20th century it was realized by almost all countries that development cannot go alone but it has to have the social, economic and environmental concerns. It was realized by the United Nations in Rio Conference on Environment and Development, 1992 that there is need of sustainable development. Now in 21st century the technological advancements are needed to be utilized for saving the planet earth from the curse of climate change and global warming reducing the carbon emissions across the entire planet earth. The argument in this paper is based on, how far technological advancements and technology transfer, by developed countries to developing countries can be facilitated in reduction of the carbon emission and greenhouse gases, through legally binding norms? How there should be synergy in between technologies reducing carbon emission and IPR issues?

I. INTRODUCTION & OVERVIEW

Intellectual property rights may be defined as the legal relationships that arise out of an individual’s creative gifts and the communication to society of his or her intellectual creations. Intellectual property is challenging as well as rapidly widening horizon of law. The purpose of law is to encourage and reward creativity and intellectual effort. The prominence of this branch of law in India is partly due to India’s economic structure and its geographical position in the world. Many international companies operate in India either directly or through licensees or agents. Numerous goods, services, and technological developments have overseas origins. Foreign companies often control their interests through contract but they invariably do so by means of copyright law, obtaining of patents or by registration of trade-marks and designs. It follows that in particular circumstances intellectual property remedies are most convenient method of maintaining control, or at least a useful adjunct to other remedies based on contract. Another important factor is the upsurge in “piracy” that is occurring not only in India but also in almost every other part of the world. Piracy may originate outside India, or, it may also originate in lndia. While devising legal apparatus for the welfare and protection of creative people, we must not lose sight of the public interest in the greatest measure of access to information and culture. Intellectual property rights are significant wealth- creating assets and their protection and commercialization are of increasing economic significance. In past the value of such rights was often overlooked and it is only in recent years that the economic potential of intellectual property has started receiving greater recognition. The dawn of the third millennium which has led to the emergence of knowledge capitalism with emphasis on intangible assets such as knowledge, competencies and intellectual property is a defining movement in the history of mankind. It is a defining moment in the history of mankind because the historical forces set in motion by the digital revolution has spawned a new civilization characterized by path breaking inventions and technological innovations and the opening up of the electronic frontier. It is an age of digital renaissance which combines the marvels of the Age of Discovery and the excellence of medieval Renaissance rolled into one. As a result of the information technology revolution there is a transition from industrial society to information society. Convergence of computer networks and communication technologies facilitated by the digital revolution has given birth to Cyberspace which in turn has ushered in knowledge economy. Hence, the intellectual property law faces challenges. In this background the concept, nature and development of intellectual property rights are proposed to be examined. The paper will be divided into V more parts. Part II of the paper will outline the meaning concept of intellectual property and range of subject matter protected by law, part III will examine the jurisprudential justifications of intellectual property protection, part-IV will explore the evolution and development of intellectual property rights under international law, part-V will demonstrate the evolution and development of intellectual property rights under Indian law. And part-VI will conclude the subject.

I. ROLE OF INTELLECTUAL PROPERTY

The international community has set itself the target of reducing the proportion of people below poverty line to half by 2015, along with associated specific targets for improving health and education and environmental sustainability. The Millennium Development Goals, adopted at various international fora, recognize the crucial importance of reducing poverty and hunger, improving health and education, and ensuring environmental sustainability. It is important to know whether and how intellectual property rights (IPRs) could play a role in helping the world meet these targets — in particular by reducing poverty, helping to combat diseases, enhancing access to education and contributing to sustainable development, protecting our cultural heritage, safeguarding the food security for the country. It is also necessary to deliberate whether and how they create obstacles to meeting those targets and, if so, how those obstacles can be removed.

There are strong views from both sides on the protection and enforcement of IPRs though there is no data to check these views objectively. Some argue strongly that IPRs are necessary to stimulate economic growth, which in turn, helps in poverty reduction. By stimulating invention and new technologies, IPRs help to increase agricultural or industrial production, promote domestic and foreign investment, facilitate technology transfer and improve the availability of medicines necessary to combat diseases. They are also of the view that there is no reason why a system that has worked for developed countries would not work for developing countries. Others argue equally vehemently the opposite. IPRs do little to stimulate invention in developing countries, because the necessary human and technical capacity may be absent there. In assessing these opposing arguments, it is important to remember the technological disparity between developed and developing countries as a group. What role the intellectual property can play to plug this gap is a serious subject for every developing nation? For this, it is also pertinent to know about the IPRs, the challenges they pose to the legal system in general and to the Indian legal system in particular, and their basic rationale to take a considered approach in their implementation.

I. PUBLIC POLICY CONCERNS

The working of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) Agreement, 1995 along with World Intellectual Property Organization (WIPO) and the jurisprudence developed for the last twenty years is a testimony to the fact that although TRIPS is geared to promote the protection of intellectual property rights internationally, yet some controversial public policy issues need to be addressed and solutions devised for addressing these public policy issues otherwise there is a possibility of seeing the demise of TRIPS Agreement or sidetracking it by some other methods which may not be conducive for maximizing the welfare of the international trading community. As all of us know that intellectual property and international trade are mutually inclusive and the minimum standards set forth in the TRIPS Agreement are economically value oriented. The trade offs among and between the members of the WTO need to be balanced on an even keel, otherwise the possibility of camaflouging the TRIPS Agreement and the attendant jurisprudence becomes real. The TRIPS Agreement addresses seven categories of IP rights such as; Copyright and related rights; Patents; Trademarks and Service marks; Geographical Indications; Undisclosed Information or Trade Secrets; Industrial Designs ; and Layout Designs of Integrated Circuits and read with other WIPO Treaties obligates the members of the World Trade Organization (WTO) to reduce distortions and impediments to international trade by taking into account the effective and adequate protection of intellectual property rights as well as the procedures for the enforcement should not become barriers to international trade. The TRIPS Agreement also recognizes the need to cater to the special needs of the developing and least developed countries.

11.1 Introduction

The application of greenhouse in agriculture is vast. Greenhouses are used for growing flowers, vegetables, fruits, transplants and varieties of certain crops in a controlled environment which is appropriate for the plants. The edible flowers are served in some good restaurants to grow them precise calculation is required. Sensor network can help to monitor and automate the activities in greenhouse. The objective of this chapter is to discuss the development of sensor nodes to monitor the growth of flower plants through XBee and internet of things. The system comprises of three sections- sensor nodes, local server and main server. Sensor nodes communicate to local server with XBee and then local server communicates the same data to main server through IoT.Fig.11.1 shows the generalized block diagram, sensor node is to be implemented on each flower pot and communicating to local and main server.

10.1 Introduction

The objective of this chapter is to develop a data logger and indicator for fire detection in agriculture field. The data logger is designed with the help of Scilab. The system comprises of Ardiuini Nano, light sensor, MQ6, MQ135, IR sensor, temperature sensor, power supply. The system is designed to take sensory data on Scilab with serial communication. Fig.10.1 shows block diagram for a system. Table.10.1 shows the component list required to develop the system.