Category: Government

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Draft National Educational Policy of India 2019

The Committee led by the Chairman Dr. Kasturirangan submitted the Draft National Educational Policy to the Union Human Resource Development Minister, Shri Ramesh Pokhriyal ‘Nishank’ and Minister of State for HRD, Shri Sanjay Shamrao Dhotre in New Delhi today in the presence of Shri R. Subrahmanyam, Secretary Department of Higher Education and Smt. Rina Ray, Secretary Department of School Education & Literacy and other senior officials of the Ministry.

 

The Government of India had initiated the process of formulating a New Education Policy to meet the changing dynamics of the requirements of the population with regard to quality education, innovation and research, aiming to make India a knowledge superpower by equipping its students with the necessary skills and knowledge and to eliminate the shortage of manpower in science, technology, academics and industry. The extant National Policy on Education, 1986 modified in 1992 required changes to meet the contemporary and futuristic needs of our large youth population.

 

For this, the MHRD initiated an unprecedented collaborative, multi-stakeholder, multi-pronged, bottom- up people-centric, inclusive, participatory consultation process. The extensive consultations undertaken across multiple levels of online, expert and thematic, and from the grassroots ranging from Village, Block, Urban Local bodies, District, State, Zonal and the National level, provided an opportunity to every citizen to engage in this massive exercise. Several in-person and in-depth deliberations across a wide spectrum of stakeholders were held. Subsequently, a ‘Committee for Evolution of the New Education Policy’ under the Chairmanship of Late Shri T.S.R. Subramanian, Former Cabinet Secretary, was constituted, which submitted its report in May, 2016. Based on this report, the Ministry prepared ‘Some Inputs for the Draft National Education Policy, 2016’.

 

The Committee had the onerous task of analysing and examining a humungous volume of suggestions, inputs, reports, and outcome documents that preceded its own efforts. The underlying spirit that dictated the Committee’s own course of crafting this significant document was primarily to bring out a vision document which will hold the test of time for at least another 20 years. The Draft National Education Policy, 2019 is built on the foundational pillars of Access, Equity, Quality, Affordability and Accountability. The Committee has proposed to rename MHRD as Ministry of Education (MoE).

In School Education, a major reconfiguration of curricular and pedagogical structure with Early Childhood Care and Education (ECCE) as an integral part of school education is proposed. The Committee also recommends Extension of Right to Education Act 2009 to cover children of ages 3 to 18. A 5+3+3+4 curricular and pedagogical structure based on cognitive and socio-emotional developmental stages of children: Foundational Stage (age 3-8 yrs): 3 years of pre-primary plus Grades 1-2;  Preparatory Stage (8-11 years): Grades 3-5; Middle Stage (11-14 years): Grades 6-8;  and Secondary Stage (14-18 years): Grades 9-12. Schools will be re-organized into school complexes. It also seeks to reduce content load in school education curriculum. There will be no hard separation of learning areas in terms of curricular, co-curricular or extra- curricular areas and all subjects, including arts, music, crafts, sports, yoga, community service, etc. will be curricular.  It promotes active pedagogy that will focus on the development of core capacities: and life skills, including 21st century skills.

The Committee proposes for massive transformation in Teacher Education by shutting down sub-standard teacher education institutions and moving all teacher preparation/education programmes into large multidisciplinary universities/colleges. The 4-year integrated stage-specific B.Ed. programme will eventually be the minimum degree qualification for teachers.

In higher education, a restructuring of higher education institutions with three types of higher education institutions is proposed- Type 1: Focused on world-class research and high quality teaching; Type 2: Focused on high quality teaching across disciplines with significant contribution to research; Type 3: High quality teaching focused on undergraduate education. This will be driven by two Missions -Mission Nalanda & Mission Takshashila. There will be re-structuring of Undergraduate programs (e.g. BSc, BA, BCom, BVoc) of 3 or 4 years duration and having multiple exit and entry options.

A new apex body Rashtriya Shiksha Ayog is proposed to enable a holistic and integrated implementation of all educational initiatives and programmatic interventions, and to coordinate efforts between the Centre and States. The National Research Foundation, an apex body is proposed for creating a strong research culture and building research capacity across higher education.

The four functions of Standard setting, Funding, Accreditation and Regulation to be separated and conducted by independent bodies: National Higher Education Regulatory Authority as the only regulator for all higher education including professional education; Creation of accreditation eco-system led by revamped NAAC; Professional Standard Setting Bodies for each area of professional education and UGC to transform to Higher Education Grants Commission (HEGC). The private and public institutions will be treated on par and education will remain a ‘not for profit’ activity.

Several new policy initiatives for promoting internationalization of higher education, strengthening quality open and distance learning,  technology integration at all levels of education, adult and lifelong learning  and initiatives to enhance participation of under-represented groups, and eliminate gender, social category and regional gaps in education outcomes are recommended. Promotion of Indian and Classical Languages and setting up three new National Institutes for Pali, Persian and Prakrit and an Indian Institute of Translation and Interpretation (IITI) has been recommended. The path breaking reforms recommended will bring about a paradigm shift by equipping our students, teachers and educational institutions with the right competencies and capabilities and also create an enabling and reinvigorated educational eco-system for a vibrant new India.

The draft NEP (Hindi & English) is given at links below::

https://mhrd.gov.in/sites/upload_files/mhrd/files/Draft_NEP_2019_EN.pdf

https://mhrd.gov.in/sites/upload_files/mhrd/files/Draft_NEP_2019_HI.pdf

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Initiative to crush Indian pharma generic industry #PatINFORMED

@WIPO & @IFPMA launch #PatINFORMED – a new online tool designed to help procurement agencies better understand the global #patent status of #medicines
The Patent Information Initiative for Medicines (Pat-INFORMED) is a resource where patent holders provide information about patents covering approved medicines through a free, open access database.
This database became operational today, along with a platform where procurement agencies can make direct enquiries to companies.
Pat-INFORMED is a partnership between WIPO and the International Federation of Pharmaceutical Manufacturers and Associations, IFPMA, the global trade association representing the research-based pharmaceutical industry. Pat-INFORMED originated in the industry’s efforts to add clarity to patent information about
WIPO is hosting the database and providing the resources to ensure its continued development, while IFPMA is working closely with the 20 leading research-based biopharmaceutical companies that have backed this initiative to help ensure a consistent and coordinated approach.
While information about patent applications and grants reside in the public domain, resources that directly link patents to medicines already on the market are scarce and limited. Tools that directly link granted patents to medicines are only available publicly in certain countries (e.g. the USA’s ‘Orange Book’) or through private third-party databases. Pat-INFORMED aims to help close these gaps and make patent research easier, faster and more accessible to a wider array of health workers.
Important issue which is against generic industry is thay Pat-INFORMED also offers procurement agencies a direct communication channel for follow-on enquiries to participating companies. Each of the participating companies, currently 20, has agreed to engage in discussions with official procurement agencies that are seeking more detailed information about granted patents on specific products.
So far, Pat-INFORMED houses information on over 14,000 individual patents, for 600 patent families and 169 INNs, unique names that are globally recognized and used to identify pharmaceutical substances or active pharmaceutical ingredients within medicines that cover a wide range of conditions.
This initiative is a practical way of reducing the complexity around access to patent information, something health experts have long been calling for. By easing access to patent information for public health authorities, Pat-INFORMED other objective which is against the generic industry is that its main focus is on procurement options available to health agency and government of developing and least deceloping nation which will definetly give negative impact generic contribution to global health.

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How to Register IPR in India

According to the World Intellectual Property Organisation (WIPO), intellectual belongings refers to creations of thoughts: innovations; literary and creative works; and symbols, names and pictures used in commerce. It can be bifurcated into two categories :

1. Industrial assets which incorporates patents for innovations, commercial designs, logos, and geographical indications.

2. Copyrights which covers literary works (e.g. novels, poems and many others.), films, music and/or every other creative work.

As an inventor, proprietor or writer of such intellectual assets you have got rights, similar to in case of every other physical property. It prevents every person or entity to apply it without your permission in conjunction with giving due credit or even financial compensation.

To legally put in force such rights, you need to register your invention with the office of controller General of Patents, Designs & Trade Marks under Ministry of Commerce & Industry, Government of India.

File in your application as quickly as possible, as first-to-report rule is of great importance for registration of intellectual property. If two or more applications are identical or comparable only the the foremost application will be given importance for registration.

Patent implies a brand new product or procedure capable of industrial application. The product or procedure need to be a new invention that has not been used earlier than within the public domain. Time period for registered patents in India is 20 years.

Application for registration has to be filed inside the patents office of applicable territorial jurisdiction via the inventor either by self or through assigned legal representative. An important thing to understand is that those rights are territorial in nature and do no extend beyond the jurisdiction for which it is granted. If you want to reserve the IPR in different international boundries, then either you can file the patent application separately in countries of your preference or you can file Patent Cooperation Treaty (PCT) application simultaneously with application in Form-1.

In addition to Form 1 you need to fill Form 2 in which you need to mention the specification of your invention in detail and Form 3 and Form 5 in which you need to mention the details of any foreign filings for the same and a bonafide affirming that the product/process is your invention respectively.

Industrial Design

In accordance to WIPO, an industrial design refers to the ornamental or aesthetic aspects of an article. A design may comprise of 3-D features, such as the shape or surface of an article, or 2-D features such as patterns, lines or color. Industrial designs are applied to wide variety of industrial products containing distinctive features and handicraft items.

There is a separate Design Wing in the patent office under Government of India which oversees the registration process. The process is now online.You need to create an account,fill in the application, digitally sign the form (Form 5 and 44 ) and make the payment.

After the thorough examination, the copyright is granted, and the details of the same are entered into Register of Designs , maintained in the Patent Office. It contains parameters such as Name and address of the Proprieter , Design number, class number , date of filing, etc.

Any person can inspect the register after payment of prescribed fees.

Trademarks

A Trademark mark is a recognizable sign, design, or expression which identifies products or services belongs to or provided by certain individual or some legal entity.

A trademark identifies the brand owner of a particular product or service. Trademarks can also be licensed to others in order to earn revenue or brand proliferation. The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy. Regulation of Trademarks in India is governed under Trademarks Act, 1999. This Act is in compliance with World Trade Organization recommendations and Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.

You can obtain Trademark from Registrar of Trademark under the Office of Controller General of Patents, Designs & Trade Marks ,Government of India.The validity of Trademark is 10 years and you can again renew that for another 10 years.The Process of registration is now online.

To register follow the link ,create an account,fill in the application ,digitally sign the Form TM-1 and make the payment.

Like registration of Industrial Design, Trademark registration is also limited to certain territorial boundries. The Application is inspected for the uniqueness of the relevant mark ,whether is it enough to distinguish and differentiate an applicant’s good or service and whether it is prohibited for registration under any other law or is identical or similar to any existing marks. On successful grant ,the trademark is included in the Register of Trademark.

In case somebody wants to contest the grant of trademark, same should be intimated to the Office within 4 months from the date of publication in the official gazette.

Some important links:
(1)For e-Filling Patent,Design,GI etc.
(2)For Form and Fees.

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Who claims the software, I simply paid to have developed? Who Owns What?

A typical copyright misinterpretation is that if a enterprise pays to have software built up, the software is a work made for hire and is naturally owned by an enterprise. In any case, that is not always true.

Hinging on this confusion can bring about a enterprise not owning software it paid to have developed.

The general rule is that the creator of a copyrightable work is naturally its proprietor. One essential exemption happens if software is created by an employee. In this case, the enterprise — and not the employee — will claim the copyright. Notwithstanding, if the work is developed by a contractor, proprietorship consequently vests in the hands of the same and not the enterprise that paid to have it developed.

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For what reason should a enterprise think about copyright possession? The copyright proprietor has boundless opportunity to market and change the work and to keep others from utilizing it. Truant ownership, leads to constrained rights to utilize the product by the enterprise, that was developed for it.

On the off chance if there is no drafted covenant, the copyright remains with the contractor, and the enterprise gets a nonexclusive license to utilize the product according to the understanding of the parties.

There are two critical words here. First, the enterprise entitlement to use the product is nonexclusive, which implies that the contractor can resell the software without paying anything to the enterprise.

Second, the product must be utilized by the enterprise in the way the parties concurred it would be used when the product was developed. For instance, if the product were developed for the interior utilization of the enterprise, pitching it to others would be outside of the extent of the license.

So what are a few things a enterprise ought to consider while hiring a software developer?

Intellectual Property Rights in the software by default belongs to the contractor. On the off chance if the IPR transfer agreement/development agreement do not mention the copyright proprietorship then the IPR belongs to contractor.

Jot down all things in an agreement. Copyrights must be exchanged by particular dialect in a document. Just a normal handshake deal or a verbal comprehension won’t transfer the copyright. Web based software development agreement should incorporate arrangements identified with possession.

Talk about possession right on time in the arrangement procedure. That may influence the cost of the task since the designer might plan to reuse all or part of that product in another venture.

Incorporate confidentiality provisions in the agreement. Custom developed software can contain privileged insights of an enterprise. Negotiate to keep those techniques secret and out of the hands of business competitors after the venture is done.

On the off chance that proprietorship can’t be negotiated, consider acquiring the privilege to utilize the product like a proprietor. Sometimes possession can’t be gotten on the grounds that the product incorporates routines that the contractor reuses in each task. Exchanging possession would mean the contractor would never again have the capacity to utilize those routines itself. Rather, consider consulting for the privilege to utilize and alter the product without constraint.

Ownership of the contractor developed software is crucial and often ignored aspect of the software development/innovator patent agreement. Being aware of the principles of copyright possession can spare the enterprise from numerous conceivable issues that may get apparent long after the product is delivered.

Also see : http://siddhast.com/innovators-patent-agreement

Written By : Arpit Agarwal

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Search, Judge, Court, Advocate, Legal

Yesterday prime minister of  India , Shri Narendra modi ji, while giving his address to a function in Allahabd high court put forward the road map of new judiciary, a new legal system. His emphasis on use of search engine in legal , judiciary is great.  below are his words in his own words.

…. भारत की न्‍याय व्‍यवस्‍था को आधुनिक टेक्‍नोलॉजी ICT से Information Communication Technology से कितना मजबूत बनाया जाए कितना सरल बनाया जाए और पहले कोई जमाना था जो आज judges के रूप में बैठे हैं वे जब वकालत करते होंगे उन्‍होंने एक एक केस की बारीकियों को लेकर के घंटों तक किताबों को उलटना पड़ता था।

आज के वकील को वो मेहनत नहीं करनी पड़ती वो Google guru को पूछ लेता है Google guru  तुरंत बता देता है कि 1989 में ये केस था, ये मैटर था ये जज थे इतनी सरलता आई है टेक्‍नोलॉजी से पूरे वकील बिरादरी के पास इतनी बड़ी ताकत आई है कि क्‍वालिटी ऑफ बहस अत्‍याधुनिक Information के साथ तर्क ये हमारा वार अपने आपको टेक्‍नोलॉजी की मदद से सत्‍य करता है और जब कोर्ट के अंदर क्‍वालिटी के अंदर ये change आएगा sharpness आएगी date लेने के लिए sharpness की जरूरत नहीं होगी लेकिन मसले सुलझाने के लिए sharpness की जरूरत होगी और मुझे विश्‍वास है कि judges के सामने sharpness के साथ बहस होगी तो उनको दूध का दूध, पानी का पानी कर करके उसमें से सत्‍य खोजने में देर नहीं लगेगी हमारी न्‍यायप्रक्रिया को गति अपने आप आना शुरू होगा हम हर तर्क पर टेक्‍नोलॉजी का उपयोग कैसे करें आज हम डेट जब देते हैं आएंगे, दो मिनट लेंगे बात करेंगे अच्‍छा फलानी तारीख, इतनी तारीख, ये सारी मोबाइल फोन पर एसएमएस डेट देने की परंपरा कब शुरू होगी।

आज एक अफसर कहीं नौकरी करता है। उसके जमाने के एक केस हुआ है उसकी ट्रांसफर हो गई है लेकिन अगर उसके जमाने का केस निकलता है तो उसको नौकरी छोड़कर के अपना इलाका छोड़ कर के कोर्ट में जाकर करके क्‍यों न हम उन्‍हें वीडियो कांफ्रेंसिंग से ऐसे लोगों के लिए सुविधा खड़ी करें । कम समय में जो चीज पूछनी है पूछ ली जाए ताकि उन अफसरों का समय भी शासन के काम में लग सके। ये सारी चीजें जेल से कैदियों को अदालत में लाना, सुरक्षा में इतनी खर्चा और उस मार्ग में क्‍या क्‍या नहीं होता है ये सभी जानते हैं।

अब योगी जी आएं हैं तो शायद अब यह बंद हो, अगर वीडियो कांफ्रेंस में जेल और कोर्ट को हम कनेक्‍ट कर दें तो कितना खर्चा बच सकता है, कितना समय बच सकता है, कितनी सरलता हम पैदा कर सकते हैं। भारत सरकार का प्रयास है कि हमारी न्‍याय व्‍यवस्‍था को आधुनिक आई सी टी टेक्‍नोलॉजी का पूरा लाभ मिले। उसको priority प्रायोरिटी मिले। मैं देश के स्‍टार्ट अप वाले नौजवानों से भी कहूंगा कि भावी देश की न्‍याय प्रक्रिया के लिए अपने स्‍टार्ट अप में नये नये innovation करें। वे भी टेक्‍नोलॉजी के माध्‍यम से जुडिशियरी को ताकत दे सकते हैं। अगर जुडिशियरी के हाथ में उस प्रकार के नये innovation आ जाएं। मझे विश्‍वास है कि जुडिशियरी के लोग इसका उपयोग कर कर के गति लाने में बहुत बड़ी मदद कर सकते हैं। वह एक चहुं दिशा में अगर हम प्रयास करेंगे तो हम एक–दूसरे के पूरक बनेंगे। इच्छित परिणाम लेकर रहेंगे।….

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