CHARMS AND DANGERS OF HARRY POTTER'S WORLD

(Summary: This post is about problems relating to intellectual property rights on the Internet.
This talk was delivered by Justice Yatindra Singh, Judge Allahabad High Court on 4.5.2008 in National Judicial Seminar on 'Cyber Law: Current developments and Key Issues for the District Judiciary' at National Judicial Academy Bhopal)

Harry Potter's world is the world of fantasy; he takes Hogwart's express to reach the Hogwart's castle where the school of Witchcraft and Wizardry is situate—some where in Dufftown near Scotland. It is impossible for any muggle (i.e. non-magical person like us) to locate the castle as it has charms, spells and dangers around it; we can see only the ruins and danger warnings.

Harry Potter and the Goblet of Fire - Courtsey: Warner Brother Studios

We, the muggles, can reach our own fantasy world, riding our Hogwart's express—the Internet. It has its own charms, spells, and dangers. One of them is, the Intellectual Property Rights (IPRs). Before we talk about this danger, a few words about our Hogwart's Express—the Internet and the Web.

SANJEEVANI BOOTI: PROTECTION, PROBLEM AND SOLUTION

(Summary: This post is about traditional knowledge, how it is being legally protected and the problems relating to its protection.
This talk was delivered by Justice Yatindra Singh, Judge Allahabad High Court, Allahabad on 4.5.2008 National Judicial Seminar on 'IPRs: Current developments and Key Issues for the District Judiciary' at National Judicial Academy Bhopal)

Sanjevani Booti! ... Am I supposed to talk about traditional knowledge or Sanjevani Booti?

Hanumaan and Sanjevani Booti: Photograph courtesy Ramanand Sagar's TV serial Ramayan

Who does not know the Laxman-Meghnath episode in Ramayan. Lakshman was wounded by Meghnath and Hanumaan was send to Himalayas to fetch Sanjevani Booti, a plant having medicinal properties. In botanical terms the plant is known as Selaginella bryopteris and this episode is nothing but traditional knowledge.

COMPUTER SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS

(Summary: This paper discusses, how intellectual property rights operate in the field of computer software.
It was read by Justice Yatindra Singh Judge Allahabad High Court on 15th March 2008 at National Conference on Advancements in Information Communication Technology Allahabad)

Justice Michael Kirby picture from Wikipedia

Justice Michael Kirby is a puisne judge in the High Court of Australia, the highest court there. On 21st February 2008, Justice Kirby was the chief guest in the annual dinner meeting of Internet Industry Association Sydney, Australia. The audience here, reminds me of his speech on that occassion,

'The people who built the Internet ... have ... extra dimension. I asked tonight when I came in here and saw you all: why is this such a male dominated audience? Why are there so few women?
If I were to go to a Law function tonight, about half the audience would be women – and the same in most professions. But here, this is overwhelmingly a male domain.
My conversationalist said, it all goes back to the fact that to be good in this type of technology, you have got to have that very strange mental quirk. And that’s a male phenomenon. It’s on the Y chromosome, in the male genes. That’s probably why they are mostly men here.
I don’t know that I accept that.
It may be a power thing. You may be just a little bit behind the rest of us in society. But it’s a thing for you to look to. Women are the great networkers. And toilers in the Internet are in the business of the greatest network of them all.'

Even I don't accept the explaination offered by the conversationalist however, it is not only a thing to look to but a thing to be look into. With this preliminary, Let's come to today's topic.

MEANS ARE MORE IMPORTANT THAN THE END

(Summary: This paper provides legal implications of formats and explains why it is better to adopt format based on open standards. Guidelines for implementing open formats are also provided.)

Mahatma Gandhi - from Wikipedia

The beginning of the last century witnessed the emergence of a semi-clad Indian, referred to as 'half naked Fakir' by Winston Churchill. His philosophy was, 'means are more important than the end: it is only with the right means that the desired end will follow' (see Endnote-1). To the charge that 'means are after all means', he would say, ‘means are, after all, everything’. His name, Mohandas Karamchandra Gandhi – known to the World as Mahatma Gandhi, father of the Indian nation.

Gandhi's philosophy is still relevant, in all walks of life. In the context of the Information and Communication Technology (ICT), the end is - dissemination and communication of information: the means are - how to achieve it; how to implement it; what kinds standards to employ; what kinds of formats to adopt; what kind of software to use?

HISTORY AND FUTURE OF THE INFORMATION TECHNOLOGY

{Text of speech delivered by Justice Yatindra Singh on 8.10.2007 at the inauguration of the website of the Debt Recovery Appellate Tribunal (DRAT) Allahabad.
Summary: It talks about history and future of the Internet.}

Routes of Internet - from Wikipedia

The website of Debt Recovery Appellate Tribunal (DRAT) Allahabad is a small step in the journey that was started by Vint Cerf and Bob Kahn in the 1970's.

TRADE SECRET, CONTRACT AND REVERSE ENGINEERING

(Adopted from the speech 'Intellectual Property Rights in Computer Software' delivered by Justice Yatindra Singh Judge Allahabad High Court on 31st July 2005 at Judges' Round Table Conference on IPR held at Kolkata)

1890 advertisement of Coca cola - the best kept secret  - from Wikipedia

TRADE SECRET AND COMPUTER SOFTWARE

TRADE SECRET/ UNDISCLOSED INFORMATION

Trade secret or undisclosed information is an area of intellectual property required to be protected under TRIPS. Trade Secret, as its name suggests, is a secret.

THE ANXIETY – TO DO RIGHT – REMAINS

Picture - courtesy Wikipedia

(Summary: This paper discusses how a judge may communicate and a judgement may be written.
A pdf format of the article can be downloaded by clicking here.
It was read by Justice Yatindra Singh, Judge, Allahabad High Court at National Judicial Academy, Bhopal in the National Judicial Seminar of the judges of the higher judicial service on Judicial Method on 21.7.2007.)

Themis is goddess of justice; she is generally—though not always―shown blindfolded; she has a pair of scales in one hand and a double edged sword in the other. The blindfold indicates that justice is impartial and is administered without fear or favour. The pair of scales explains that justice is done after weighing the strength of the competing claims. The sword symbolises the power to enforce it.
Our task is to find out the side, where justice lies. In this process, we '

must not spin a coin or consult an astrologer' {Lord Diplock in R.V. Deputy Industrial Injuries Commissioner ex parte Moore (1965) 1QB 450, 488}.

We must do it openly, under public scrutiny and provide reasons. Ours is a difficult job: we take decisions - others procrastinate.
How should our performance be judged? What qualities should we have?