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Author: Dr. Kalyan C. Kankanala

BananaIP Counsels > Articles posted by Dr. Kalyan C. Kankanala

Gandhiji’s views on Exclusivity and Intellectual Property

Gandhiji's Exclusivity and Intellectual Property

Mahatma Gandhi's views on exclusivity over intellectual creations are fraught with uncertainty, and merely a matter of one's understanding, probably influenced by individual biases, opinions and inclinations. Scholars have over the years used the ambiguities in Gandhiji's views to arrive at inferences and conclusions that further their own understandings, philosophical underpinnings and ends. It is difficult to clearly state what Mahatma Gandhi's stand was with respect to intellectual property, and easy to opine that his stand on the subject is filled with ambiguity. From strands of Gandhiji's quotes and opinions from secondary sources, and work of respected scholars like Shyamkrishna...

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Patentability Requirements in India

Patentability Requirements in India

The requirements for patentability of inventions can be considered as one of the most important parts of patent law. They form the basis for grant of a patent, scope of protection, and patent validity, among others. At a general level, they influence the efficiency of the patent system in achieving its objectives of promoting scientific and technological progress, economic/industrial growth and public benefit. Owing to their value, they may be termed as essential parts of the patent machinery. If they fail, the patent machine also fails. Under the Indian Patents Act ("Act"), patentability requirements and their elements have not been laid...

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A Case for Statutory Licensing of Music for Broadcasting

After the Wynk decision of the Bombay High Court, which came to the conclusion that internet broadcasting is not covered under Section 31D of the Copyright Act, the record labels are on  a drive to convince the Government, industry and academics that statutory licensing does not provide fair value to sound recording holders. Their efforts seem to have doubled and tripled after publication of the draft Copyright Rules, 2019, which  proposed to include internet broadcasting within the scope of statutory licensing scheme under Section 31D. Led by the Indian Music Industry, the record labels are arguing that fair value for...

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It is Fair and Enabling – Data Mining from JNU Depot

Author: Dr. Kalyan C. Kankanala Data Mining in today's context is not limited to collection, organisation, management, searching and displaying of relevant data, it means much more than that, and includes creation of information, knowledge and intelligence from data sets, among others. At a basic level, data mining involves extraction of data, which is mostly done by using data mining software, applications or tools, and analysing the extracted data for a defined purpose. The data sets extracted may be further used by humans or machines for different purposes ranging from understanding trends and relations to training and developing artificial intelligence. Data and...

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Intellectual Property, Open Source and Intelligent Automobiles

Open Source Software (OSS)

  License: Creative Commons — Attribution-No Derivatives 4.0. Open Source Software (OSS) is today an integral part of every software development project, and there are open source projects for almost every utility and functionality. Software relating to Artificial Intelligence (AI) is not an exception, and there are several AI linked open source initiatives targeting the automotive sector. From autonomous vehicles to telematics, there are many open source projects addressing different aspects of mobility. Some examples of specific AI projects for the automotive industry include Apollo Project, Udacity, StreetDrone and Autoware for autonomous automobiles; and Automotive Grade Linux, Eclipse Open Mobility, and Asset...

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The Progress and Value of Patents in India

The Progress and Value of Patents in India

Over the last decade, intellectual property (IP) has emerged as an important business tool for companies in India. Many companies have during the period managed to overcome the challenges posed by the Indian IP regime and devise strategies to derive business and competitive value from their IP assets. The progress of intellectual property law, policy and systems has instilled confidence in IP holders and noticeably furthered their commercial interests. Intellectual property awareness, knowledge and culture improved significantly during the period, and IP has now become an important assessment parameter for research and educational institutions, academics and corporate employees. Among researchers,...

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A Progressive Step Towards Regulating The eCommerce Sector – In response to Professor Arul’s 101 Article on Decimating Digital Competition

NATIONAL E-COMMERCE POLICY DRAFT

I write in response to Professor Arul George Scaria's article in Bloomberg where he argues that the Draft National eCommerce Policy ("eCommerce Policy") will decimate digital competition. Arul bases his arguments on issues in the policy with respect to data ownership/sharing and intellectual property protection, and states in strong words that the policy is discriminatory, anticompetitive, protectionist, and violative of individual rights. While I agree with Arul's comments relating to anti-piracy measures and open access, I find several of his arguments unsustainable in the context of the policy's objectives and eCommerce business in India. Data Ownership and Sharing Contrary to Arul's explication...

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Your Story! So What? – Books, Similarity and Copyright Infringement – Copyrights and Writers Part 11

Copyright Infringment, Author rights, Post on Authors and Copyrights

Copyright does not protect ideas except to the extent they are expressed, and a writer will not be liable for copyright infringement if she copies only ideas of another writer. Ideas, facts, historical events, and public domain works are open to all writers, and no writer can claim exclusivity over them under the copyright law. However, a writer is not permitted to copy expressions of another writer, and such copying without authorization gives rise to copyright infringement. Copyright Infringement If an author exercises exclusive rights of another author with respect to his copyrighted book without permission, the first author will be liable...

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Reading Between The Lines- Book Publishing Contracts: Copyrights and Writers Part 9

Reading Between The Lines- Book Publishing Contracts_ Copyrights and Writers Part 9

Getting a publishing contract is an important milestone for a writer. For some writers, that is a remarkable achievement. This is despite the fact that the value added by publishers in publishing a book has been diminishing over the years. In reality, a publisher is merely a middle man between the author and the reader, and though many publishers claim to contribute to the quality of the book, their role is mostly limited to copy editing, printing, and distributing it. The success of a published book is largely dependent on the author and his efforts, and when seen from this...

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Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

Regulating eCommerce Marketplaces: Proposals in the National eCommerce Policy Draft

The recently released National eCommerce Policy Draft ("eCommerce Policy") acknowledges the role of eCommerce marketplaces in building the network and systems to facilitate eCommerce in India. As stated in the policy, many agree that the emergence of eCommerce marketplaces have benefited small sellers and consumers. At some level, eCommerce marketplaces have also played a role in spreading eCommerce knowledge and culture. However, the growth of large eCommerce marketplaces combined with lack of an effective regulatory mechanism has created entry and growth barriers for enterprises, and has given rise to anti-competitive, oppressive, unfair, and discriminatory practices. Acknowledging some of these aspects,...

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