"We should increase the capacity to innovate because concept of wealth and poverty is changing all over the world. We should foster the culture of creativity. The role of media is crucial because the people have right to know. This right to know comes from our basic right of freedom of expression. Therefore journalists must try to understabnd complex, critical IPR issues in order to educate people by seperating news with views. This will definitely lead towards the upgradation of knowledge." These were the guding remarks by N.R. Madhavan Menon, founder Director of National Law School, Bhopal narrated the contemporary situation in brief. He was speaking at one day seminar organised by FICCI and DIPP in New Delhi yesterday.
Seminar started with welcome remarks by fresh Controller Geenral of Indian Patents Office P.H. Courian who narrated the progress of the Indian Patent Office. He expresses his concern that despite increase in patent filing (35, 000 last year) 80% of it was from abroad. Still it is happy development that patents filing is growing at 20%, TradeMarks at 40 % with Geographical Indications reaching 110 mark.
Continueing his very learned guidance on this issue, Dr. Nair said, "IPRs are crucial because it`s effect on scale of knowledge economy, growth and distribution of technology and it`s relation to Law and Jurisprudence. Therefore it should be remembered that IPRs with power of ICT are going to rewrite the rules of Justice in coming days. That is why the post DOHA round TRIPS negotiations are very crucial. Considering the fact that legislation as expression of public opinion, journlaist should try to evolve a debate around how IPRs can serve people`s interests. The competitive scenario after product patent regime came into force, it is compulsory for us to look ahead to the creating the mechanism of granting Utlitiy Patents. This should be done in the national interest."
" You may remember a line from Anna Karenina by Leo Tolostoy that "Happy home does not make story but broken home does !!! "Journalists are oftent found to make pitch to the editor with her reported story and sometimes due to biased sources or due to pressures of market they try to sell their story without understanding basics of Intellectual Property Rights." This was well judged observation of Pravin Anand, Managing Partner, Anand & Anand.
In his talk Mr. Pravin Anand said, "Sometimes very tall claims are made without considering the implications of the news on judiciary and policy makers. The content regulators have great responsibility because after the brainwash effect of media, people do not want to study on their due to established credibility of media platforms." He suggested new age of Innovation Journalism is needed with spotlight on success stories across the rural-urban areas.
He continued, "The children hold great potential so we should reach out for schools in a search of new ideas just like Anil Gupta has discovered six lakh ideas by his grass roots innovations. Unless and untill we respect the creative attitude and inventors there will not be a incentive to people who are coming out with new ideas. So job of Innovation Journalism is to communicate the steps between Protection, Branding, Marketing and Tie ups for greater commercialisation benefits. Eventhough many media houses lack seperate cell on Science-Technology houses, the need to write more and more on IPR issues will force them to create some kind of specialised team in coming days at the level of association of media houses."
Many issues were discussed in this seminar. One of the rare presentations was by Alka Chawla on Copyright issues. Teaching IPR in Delhi University. Alka focussed her talk on copyright issues. "Journalist are creators of their own work. Therefore it is very necessary to realise while entering into any kind of agreement following issues: a) Time Period of Agreement, b)Territory of execution c)Medium of operation ....."
She cited famous cases Anil Gupta V Kunal Dasgupta (2002), Indian Express Group V Dr Jagmohan (1985). In copyright issues of Journalist, she said many times it is not literary merit or quality of work which matters but the quantum of the work published. Ownership is on expression of ideas. In case of Journalist is in full contract then their will be split copyright of both employee and employer. In other then newspaper print media, copyright rests with the employer alone.
She expressed her concern over Section 17 of the Copyright Act being very descriminatory making Employer the first copyright owner. She appealed all the Journalistic Community to move forward for repealing of this section 17 because it is responsible for violating Right to Equality inherent in Article 14. So basically many times copyrights issues in media and publishing industry is one element of power equation in influencing opinions and market shares.
Dr. Vidya Sagar in another very forward looking presentation visualised why IP Journalism is the call of the future. Therefore to become proficient in IP related issues, a curious journalist should always keep her eyes on market developments, ongoing pathbreaking research in various fields, legislative developments(amendments), international conventions regarding technology & IPR, judicial pronouncements, implications of IPRs on specialised beats or niche areas of reporting, major controversies in patentability issues and much much more...
Eventually, there was a presentation on Commercial Aspects of IPRs in sport. This was given by Pratibha Singh. Players/athletes, manufactureres , proffessional leagues, teams, governing bodies, sport event organisors, broadcasters are involved in the game of sports using different IPRs for proffessional contracts, agreements. Players have right to publicity with their name, personality and likeness having some value associated with it. There may be conflicts between player`s brand and team`s brand. She referred to many controverses in broadcasting related issues. She also explained how ambush marketing and overriding of trademarks happens during the competitive world of sports.
Some of the cases referred by her are:
Tolley Vs. Fry (1931)
Edmund Irvine & Ors Vs Talksport Ltd (2003)
ESPN Star sports vs. Global Broadcast News Ltd (2008)
ICC Development Vs. Evergreen Service
Seven Network Vs. News Interactive
This seminar was very significant in recognising the importance of Journalist and their capactity to influence the course of Policy making.
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