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Innovation & Access to Knowledge in India : Role of Copyright
This document discusses the relationship between copyright laws and access to knowledge in India, highlighting how copyright can deter innovation and limit accessibility to educational resources. It presents the argument that such restrictions can have detrimental effects on creativity and knowledge sharing, particularly in developing nations. The author cites legal cases and international conventions to illustrate the complexities and challenges surrounding copyright in promoting or hindering knowledge access.
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Innovation & Access to Knowledge in India : Role of Copyright
- 1. Innovation and Access toKnowledge in India: role of copyright Dr. Sabuj Kumar Chaudhuri Department of Library & Information Science University of Calcutta Email: [email protected] 16 September 2018
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- 3. Invention Vs Innovation 16September 2018
- 4. Refrigerators revolutionized notonly the way we eat, but the way food is manufactured and distributed. African American inventor John Standard of Newark, NJ Patented on June 14 1891 (U.S. patent #455,891). 16 September 2018
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- 6. Valley of Death 16September 2018
- 7. • Changes callfor innovation, and innovation leads to progress. -Li keqiang 16 September 2018
- 8. Innovation distinguishes between a leaderand a follower 16 September 2018
- 9. Creating a Climateof Invention & Innovation 16 September 2018
- 10. Creation of NewIdea (Invention) Conceptualization of New Idea (Decision to innovate) Commercialization of New Idea (Innovation)(many stages) 16 September 2018
- 11. Primary Players inGlobal Innovation Source-WIPO 16 September 2018
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- 13. India Innovating... 66 7681 66 60 57 Rank in Global Innovation Index India in Innovation 2013 2014 2015 2016 2017 2018 Source-WIPO 16 September 2018
- 14. “Access to knowledgeis the superb, the supreme act of truly great civilizations. Of all the institutions that purport to do this, free libraries stand virtually alone in accomplishing this.” 16 September 2018
- 15. Road to KnowledgeSociety as Envisioned by the NKC 16 September 2018
- 16. Hard Realities ofCopyright Deterrence 16 September 2018
- 17. Renowned Publishers BlockingAccess to Knowledge 16 September 2018
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- 20. Very Limited Downloading 16September 2018
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- 22. Adobe Digital: aDRM System 16 September 2018
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- 26. Denial of Accessto knowledge 16 September 2018
- 27. Ontogeny Recapitulates Phylogeny 16September 2018
- 28. Knowledge is Caged 16September 2018
- 29. Let us Tryto Understand How Copyright is Impeding Access to Knowledge deterring us to Innovate... 16 September 2018
- 30. Growth based ontechnological dynamism Karl Marx Joseph Schumpeter 16 September 2018
- 31. Knowledge based economicgrowth Robert Solow Fritz Machlup 16 September 2018
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- 33. 16 September 2018 Philosophical •Philosophical Legal • Legal Functional • Functional 3 Aspects of Copyright
- 34. 16 September 2018 3Options before Creators of Any Creative Expressions
- 35. The basic valuesand ideology of copyright • Individualism • Commodification • Reward • Consumerism (Source: The Copy/South Research Group) 16 September 2018
- 36. Theories of Copyright •Fairness Theory • Personality Theory • Welfare Theory • Culture Theory (William Fisher for CopyrightX, Berkman Klein Center for Internet & Society in the Faculty of Law at Harvard University, US) 16 September 2018
- 37. Let us discussthe functional aspects of Copyright... • What is Copyright? • Copyright is a kind of Intellectual Property Rights (IPR). • Copyright is a right given by the law to creators (or his Assignee) of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings for a limited period of time after that it goes into the public domain. • For copyright protection: 1. The work must be original. 2. The work must be fixed, or presented in a tangible form such as writing, film, or photography. 3. Minimal Creativity ,creativity need only be extremely slight for the work to be eligible for protection. 16 September 2018
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- 39. Copyright as Economicor Moral Right Copyright Economic Right Moral Right licensed, assigned, Can not be transferred or reserved 16 September 2018
- 40. Contd... Economic Right 1. Rightsfor reproduction, 2. Rights to publish 3. Rights for rental and lending 4. Rights for modification/adaptation, 5. Right to translate, 6. Rights for distribution 7. Rights for public performance, 8. Rights for public display, 9. Rights of communication to the public, Moral Rights • The Right of Paternity • The Right of Integrity • The Right of False attribution • The Right of Disclosure • The Right of Publication 16 September 2018
- 41. Do you thinkLibrarians to be Copyright Cops ? 16 September 2018
- 42. Copyright promotes limitedaccessibility and discourage innovation Limited accessibility Discourage Innovation 16 September 2018
- 43. Nothing comes fromnothing 16 September 2018
- 44. Innovation is aRelay Race based on Past Knowledge of Inventions 16 September 2018
- 45. Field of Innovation Trespasserswill be prosecuted Alternative path 16 September 2018
- 46. Field of Innovation Trespasserswill be prosecuted Alternative path T O L L GA T E T O L L GA T E C L A I M C L A I M C L A I M C L A I M C L A I M C L A I M C L A I M C L A I M C L A I M C L A I M Royalty, Licensing, and Agreements IDEA 16 September 2018
- 47. Field Of Innovation:Patent Ecology 16 September 2018
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- 49. Place your innovationin the existing patent ecology 16 September 2018
- 50. Reduced Access toKnowledge • Reduced access to knowledge encouraged by the patenting system has tremendous impacts on new innovations in developing nations. 16 September 2018
- 51. Rationale of Innovation 16September 2018
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- 53. A Patent Documentand its Parts 16 September 2018
- 54. Copyrightable Components ofa Typical Patent Document Bibliographic Information + Text with Claims + Drawings 16 September 2018
- 55. Copyright on PatentDocument • Copyright on patent specifications and drawings (if any) • Whether scientific literature can be freely copied for the purpose of patent prosecution is also a matter for discussion. 16 September 2018
- 56. Embedded Knowledge inPatent Document 16 September 2018
- 57. What is PriorArt ? Prior Art = Prior Knowledge - ANY information in the public domain… that has been disclosed to the public in any form about an invention before a given date. - Includes video recordings, news paper & magazine articles, speeches, journal papers, patents, etc. - If it is public ANYWHERE in the world, it is prior art! 16 September 2018
- 58. Laboratory Notebooks Laboratory notebooksare of particular importance when United States patent protection is sought due to the “first to invent” system. In the United States, novelty (and priority) of an invention can be assessed according to the date an invention was first conceived and/or reduced to practice, provided that there is trustworthy corroborating documentary evidence to support this date, for example, a laboratory notebook 16 September 2018
- 59. Publications may DestroyNovelty • Any publications published in a journal of a learned society or • Exhibited before in an authorized manner as designated by the Government within one year from the date of such filing may be permissible with a great caution. • Publications existing on the date of filing of complete specification would be considered as a prior art. 16 September 2018
- 60. TRIPS to TRAP 16September 2018
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- 63. Sharp Contradiction Copyright protectionis a necessary tool for growth & development. Copyright is viewed as the great impediment in the complex process of knowledge creation and innovation 16 September 2018
- 64. Berne Convention Berne Convention(1886) is the WIPO driven CR Convention incorporated into the TRIPS agreement India is a member of Berne Convention (1928-04-01) India has been a WTO member since 1 January 1995 India joins TRIPS on January 1, 2005 16 September 2018
- 65. Early Days ofthe Convention France, Germany, and the UK signed the Berne Convention in 1886, they effectively compelled their colonies to the Convention’s Obligations. British India signed Berne Convention in 1928 When colonies across the South became formally independent countries, many during the 1950s and 1960s including India, they were forced to comply with the Berne Convention. Berne Convention is a particularly a rigid , Inflexible and Colonial convention 16 September 2018
- 66. New need withIndependence 16 September 2018
- 67. Affordability is Important 16September 2018
- 68. Conflict of Interest •Most countries in the South quickly realized that international copyright conventions had not been set up with their particular interests or requirements in mind rather they are essentially European in orientation 16 September 2018
- 69. Violation of HumanRights Controlling Knowledge through strong Copyright regime globally is a strong violation of HUMAN RIGHTS in the global South or developing nations 16 September 2018
- 70. Case Study: HRviolation in DU 16 September 2018
- 71. Contd... • The petitionwas filed by three publishers—Oxford University Press, Cambridge University Press and Taylor & Francis —against the University of Delhi and Rameshwari Photocopy Services, alleged to have violated India’s copyright law by selling photocopied compilations of study material as ‘course packs’. The petitioners argue that this amounts to a parallel publishing enterprise of sorts that is not just illegal, but also harms their market sales. 16 September 2018
- 72. Final Judgement • Finally,Delhi High Court on 16th September 2016 in a landmark judgement rejected the plea placed by a group of publishers including Oxford University Press, Cambridge University Press and Taylor & Francis and said that “Copyright is not a divine right". Copyright is there to promote creativity but not to impede the knowledge harvesting by the students. Thus labeling making photocopies by students out of their textbooks taken out from the library is not crime rather it should be considered as a process of knowledge harvesting by the students who otherwise cannot afford costly textbook. It also comes under the ambit of Section 52 of the Indian Copyright Act meant for fair dealing of the copyrighted works of creators. 16 September 2018
- 73. Contd... Article 26 (section1) of the UDHR says that • Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. • Section 52 of the Indian Copyright Act, 1957 says that • Certain acts not to be infringement of copyright that constitutes Fair Dealing for purposes of private study, research, criticism, review, or newspaper summary 16 September 2018
- 74. Copying-Qualitative or Quantitative? Copying 16 September 2018
- 75. What is FairUse ? 16 September 2018
- 76. Determination of FairUse Four Factor Analysis • P (Purpose) • N (Nature) • A (Amount) • M (Marketing) 16 September 2018
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- 78. Catastrophic for Accessto Knowledge Source: TOI, Kol/13.9.18 16 September 2018
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