GNLU Centre for IPR in collaboration with GNLU-Microsoft chair on IPR and policy research, is organising a panel discussion on ‘Protecting softwares through Patents: Current Challenges and Future Solutions’.
7th October, 2017
Gujarat National Law University, Gandhinagar, Gujarat
Protecting Softwares Through Patents: Current Challenges and Future Solutions
About GNLU IPR Centre
GNLU Centre for Intellectual Property Rights was established in January 2016 with an aim to promote research, extension and training in the field of intellectual property rights of India.
Intellectual Property Rights and their related laws is still a developing field in the country, but its reach and importance simply cannot be ignored.
Intellectual property now touches several types of industries and businesses, ranging from pharmaceutical industry to Bollywood, and not to forget, even small-time innovators.
With the aim and vision to incentivize innovative and cutting-edge academic research in the field of IPR Laws, and conducting various training and extension activities for creating more awareness in the field of IPR laws, GNLU has established Centre for Intellectual Property Rights.
Centre activities are undertaken under the able guidance of Dr. Nidhi Buch, Centre Director & Assistant Professor of Law, Mr. Hardik Parikh, Assistant Professor of Law and Research Associates, Ms. Vaishali Singh & Ms. Hetvi Trivedi along with a group of student members.
The Microsoft Corporation India Pvt. L.td Company establishes a Chair on Intellectual Property Rights (IPR) Law and Policy Research, with an aim to promote research, education and awareness through multi-disciplinary approach and dissemination of knowledge and information on IPR laws and policy through teaching and outreach Programmes.
With this purpose of creation and development of superior quality Intellectual Capital through research in the area of IPR law and Policy for increasing awareness and respect for IPR, this chair has established.
About the Panel Discussion
The GNLU Centre for IPR along with GNLU-Microsoft Chair on IPR Law and Policy Research, Gujarat National Law University, Gandhinagar, is organizing a Panel Discussion on ‘Protecting Softwares through Patents: Current Challenges and Future Solutions’ on October 7, 2017.
India is one of the fastest growing economy and is expected to be the third largest of the world only after US and China by 2035. Innovations and inventions will play a crucial role in making India an attractive destination for investments and business.
Considering the significant role played by the Indian software industry in contributing to the growth of the economy and putting India on the global map, it is necessary to ensure that the patent system can adapt to and assimilate new, innovative technologies ensuring growth and development of software industry.
Judicial forums both globally and domestically have attempted to resolve the question of patenting of softwares.
From Parker v. Flook to Alice Corporation Pty. Ltd. v. CLS Bank and Yahoo v. Rediff to Accenture Global Service Gmbh, Switzerland v Assistant Controller of Patents and Designs the US and Indian judiciary respectively, have so far concluded that ‘technical improvement’ in the functioning of a computer is a criteria for determination of patenting a software, but meaning of the term ‘technical improvement’ is yet to be ascertained.
Further, if we suppose that a computer is used to calculate complex calculations which are not easily possible with calculators, and thereby improves the functionality of a computer, whether such invention is a patentable subject matter or can it be considered as mere use of computer as a generic device.
Whether only hardware improvements in computer are patentable?
What about improvements in the software?
Courts are trying to find solutions in the background of changing technologies but diverse approaches are creating differences in opinions about patenting of softwares, thereby leading to a software patent war.
Thus, it can be safely understood that ample questions remain unanswered even after a series of judicial pronouncements.
As digitization gathers pace in all areas of our lives, the time is ripe for the global community to re-examine the current state of play and to weigh up the merits of enhancing patent protection for computer programs that embody software-related inventions. The law currently falls short of its goals.
In this discussion, we will first consider the Patent protection to softwares, then the costs of Patent protection, and the limits and consequences of the Patenting system. We will then canvas solutions and discuss the strengths and weaknesses.
The discussion will provide a platform to all the participants to engage, discuss and debate on the issues related to software protection through patents. All participants will be awarded a certificate.
Who Can Apply
Students of law
Students of Science
Mr. D.P Vaidya, Director and Head, Lakshmi Kumaran & Sridharan
Prof. (Dr.)V. C. Vivekanandan Founder Dean, School of Law at Bennett University
OCTOBER 7, 2017:
10.00 A.M. – 10.45 A.M. Inaugural Session
10.45 A.M. – 11.00 A.M. Morning Tea
11.00 A.M. – 1.00 P.M. Panel Discussion
1.00 P.M. – 2.00 P.M. Lunch
All participants shall duly fill-in and submit a Registration Form latest by September 20th, 2017 to [email protected]
The Registration Fee (inclusive of participation, lunch for the event date for all participants is:
Rs. 500/- for Practicing advocates, Software engineers, Patent Attorneys, Academicians, of law.
Rs. 300/- Student of law, Student of engineering and technology.
Registration fees should be remitted through a Demand Draft drawn in favor of ‘The Registrar, Gujarat National Law University, Gandhinagar. Alternatively, the fees may also be remitted online–payment details for the same will be provided upon submission of duly filled-in registration form.
Address Your Queries to:
Ms. Vaishali Singh, Research Associate
E-mail: [email protected]
Ms. Hetvi Trivedi, Research Associate
E-mail: [email protected]