UGC NET Paper II and III Write up Invisible College , Ph 078-380-2439-56

1) Introduction: In the middle of the 17^th century small groups of scholars and philosophers began to meet in various places (including taverns) in London to discuss the experimental method of scientific inquiry propounded by Francis Bacon. This groups which later become known as “invisible colleges” could not meet openly and regularly due to civil strife in England. The term invisible college is coined by Robert Boyle. After the civil war ended, these natural philosophers decided to established a formal constitution which results in the foundation of one of the greatest scientific societies – The Royal Society on July 15, 1662 and the meeting of individual colleges in England eventually culminated in the establishment of the Royal Society.
 

2) Characteristic: The characteristic of invisible colleges are -

a) Membership in these invisible colleges is not formalized but is dependent on the acceptance of one’s research effort by peers.

b) The scientists see himself as belonging to amorphous groups of fellows scientist who share his research interest and attitude regardless of their organizational or geographical locations.

c) The personal communication among eminent workers in a given field keeps the others informed of the developments in their field.

d) This group falsely assumes that researches not included in their peer group or work done not in exactly their field will not be of interest.

e) This group also assumes that the researcher should be able to duplicate any steps along the way to his own research goal.

f) It also assumes that one knows what problem remains to be solved in one’s specialty.

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UGC NET Paper II and III Write up Intellectual Property Rights (IPR) , Ph 078-380-243-65

Intellectual Property Rights (IPR): Like other forms of property, intellectual property is also an asset which can be bought, sold, exchanged or gratuitously given away. Owners of intellectual property also have the right to prevent the unauthorized use or sale of their property.

According to The World Intellectual Property Organization (WIPO) <http://www.wipo.int/>, “Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce”.

Intellectual property is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programmes.

According to The World Intellectual Property Organization (WIPO) <http://www.wipo.int/> “Copyright and related rights protect the rights of authors, performers, producers and broadcasters, and contribute to the cultural and economic development of nations. This protection fulfils a decisive role in articulating the contributions and rights of different stakeholders and the relation between them and the public. The purpose of copyright and the related rights is twofold: to encourage a dynamic creative culture, while returning value to creators so that they can lead a dignified economic existence, and to provide widespread, affordable access to content for the public.”

Copyright is basically the individual right of an author to dispose of his / her work in return for remuneration. According to Christopher Scarles, “subject to certain exception, it is ownership of and right of control over all possible ways of reproducing a work”.

1. International Context

a) Berne Convention: The international convention for protection of literary and artistic works was first signed at Berne on 9^th September, 1886, which later on came to be known as “Berne Convention”. It guaranteed protection for the life of the author plus fifty years after his death. The convention was revised and amended more than seven times.

Berne remained essentially European. It could not attract the U. S. A. So, most civilized states except the U. S. became signatories to it.

b) Universal Copyright Convention (UCC): In the early 1950s UNESCO set about devising a union that would combine Berne and Montivideo convention and the outcome was the establishment of Universal Copyright conventions in 1952. U. S. joined it in 1955.

Paris Revision of 1971: In 1971 both Berne and UCC was revised. This is what goes by the name of Paris revision of 1971. This has made some realistic concession to the developing countries with regard to reproduction and translation of material having great educational value.

c) World Intellectual Property Organization (WIPO): The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest. WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States (Till 2009 there were 184 Member States, i.e. over 90 percent of the countries of the world) to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations. Its headquarters are in Geneva, Switzerland.

2. Indian Context: The earliest statutory law in India concerning copyright was the Indian copyright of 1847 which was passed by the Governor General of India. In 1911 the law of copyright was codified in England and was made applicable to all Majesty’s dominions including India. The Governor General of India enacted the Indian Copyright act of 1914 to make some modification to the provision of the 1911 Act. The copyright of 1914, granted copyright to an author for the whole of his life and fifty years after his death.

            The provision of the copyright act of 1914 were again modified after independence and the copyright act which is in force even today was passed in the Indian Parliament in 1957 and known as Copyright Act, 1957. The copyright act of India of 1957 had been amended in August 1983 with the specific purpose of incorporating the provisions of the Paris text of 1971 of the Berne convention concerning the grant of compulsory licenses for translations and reproduction of foreign work for educational purposes. The copyright was further amended in 1984 in order to overcome the problem of wide spread piracy in India. The act was further modified in 1992 and 1994 (No. 38 of 1994). The Copyright (Amendment) Act, 1999 officially published in: The Gazette of India, 30/12/1999, No. 49. In accordance with the copyright act of 1957, a copyright office and a copyright board were set up in New Delhi under the auspices of the Government of India of which the copyright board serves as a civil court with the power of adjudicating disputes arising out of claims and counter claims. The copyright board serves as a civil court and its judgment can be challenged only in the high court of the area and in no other lower court.

The legislation covering intellectual property right in India are

i) Communication: Communication Bill, 2000;

ii) Copyright: The Copyright Act of 1957 (last amended in 1994);

iii) Designs: The Design Act 1911;

iv) Information Technology: Information Technology Act 2000;

v) Patent: The Patent Act 1970 (changes bought in 1994);

vi) Trade Mark: The Trade Merchandise Mark Act 1958, etc.

            India signed the Berne convention in 1886 when it was part of the British Empire. India also signed the Universal Copyright convention in 1952 of its own choice as a free country.

3. Intellectual Freedom: According to American Library Association, every individual has the right to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement may be explored. Intellectual freedom encompasses the freedom to hold, receive, and disseminate ideas.

According to Canadian Library Association, the fundamental right is to have access to all expressions of knowledge, creativity and intellectual activity, and to express their thoughts publicly.

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UGC NET Paper II and III Write up Information as a Resource / Commodity , Ph 078-380-239-56

Information as a Resource / Commodity: The concept of information as commodity is wider than that of information as resource, as it incorporates the exchanges of information among the people and related activities as well as its use. The notion of information as a commodity is tied closely to the concept of value chains. With commoditized information gaining in value as it progresses through the various steps of creating, processing, storage, distribution, and use.

a) Information is a Resource / Commodity: Information possesses many characteristics that are the same as those of some other commodities. When we consider such characteristics, information can be termed as a resource and a commodity in a broad sense and people at large have accepted this view.

i) Information is a Natural Resource: Many resources were earlier taken for granted as common for all. For example, clean air and water. Information has also been similarly understood. Whoever is interested can get enough information for his daily needs through institutions established for that purpose. But specialized information is made accessible to those who have special needs and can legitimize its claim by status or by money. Just like the maintenance of clean air and water, the proper information demands some cost.

ii) Information is a Vital Resource: Information is looked upon as a resource like manpower, material and money. Information is a resource created by ingenuity of man to be used by man for the benefit of man; it can be used for the opposite also. According to K. J. McGarry, information becomes a resource by analogy with the classic resources of labour, capital and material. Management of these classic resources (man, material and money) now mutates to the “management of information”. It is easy to see how information can be depicted as a resource as essential to productive success as are raw materials and skilled staff. But information needs to be controlled, manipulated and managed.

According to W. L. Saunders, information is that type of resource which is not scarce. It has also economic value as when company uses the information effectively, the level of trade and revenue are maximized. Information and knowledge become the principal generators of wealth in the form of educational institutions of research and development establishment and science laboratories.

            No national development programme can succeed fully without proper information support. As such, it is regarded as a national resource like energy, coal, water, etc. vital for national development. It is an important input for nation building. The impact of fast, reliable and inexpensive information would be as great as that of electricity in national and international economy. IBM, the giant computer company, says that information is like an inexhaustible and renewable source of energy.

iii) Information is a Major Criterion: Information is vital for national development. The backwardness or forwardness of any county nowadays is mainly due to the use of adequate information, especially in the field of science and technology. Presently the world is divided on economic consideration into economically developed and economically developing countries. According to Herbert I. Schiller, in future the division will be based on possession of information into information rich or data rich nations and information poor or data poor nations.

iv) Information as a Thing: Buckland points out that in order to communicate knowledge it must be expressed or represented in some physical way as a signal, text or communication. Any such expression would, therefore, constitute information as a thing. The notion of information as resource attracts information economics and spreads to such diverse disciplines like management, transport and communication, consolidation and repackaging, pricing, marketing, distribution, exchange, etc.

v) Satisfies the Economic Principle: Information satisfies the economic principles of generation or gathering, processing, storage, dissemination, etc.

* Demand / Market: Information has a wider market. All people need information for some purpose or the other. There is a heavy demand for information from all around the world, so to get profit out of it, its production rate must increase.

* Information Generation: Information is generated mainly through research activities and research activities are highly price consuming business, which is just like other product whose production or manufacture involves a high cost.

* Protection: Information as a resource has been well established which is evident from the profusion of national and international laws and policies relating to storage, transmission and information related services including trans-border data flow. Just as in the case of various commodities or products, information is also protected by copyright and patent. However, the property right of information is weaker than the property rights of other goods we possess.

* Consumption: Information does not always flow across market. Within some private sectors information produced is entirely consumed within the organization itself, which is in the same line of other goods.

* Different Forms of Products: For the different categories of users, different forms of information are released into the market. In this regard it is just like any other services provided in the market place. Information is provided through books, magazines, business, news, investment, advice, legal advice, medical advice, consulting services, formal education through school, colleges and universities, etc. So, we do have markets for information and people buy it depending on its perceived value. In this respect information is like other goods and services.

* Transportation / Communication: High cost is involved when we use the information technology for communication and transportation of information just like any other product.

* Storage: If information is stored for a long period just like other consumable products it loses its value because particularly in case of science and technology, historical information is generally less valuable.

b) Information is not a Resource / Commodity: Judith Jordet complains about the notion that information is a commodity.  According to him, this notion will not only interfere with real knowledge creation, it will unravel what knowledge we have!  When information is seen as a commodity, the users are seen as customers consuming a commodity identified as information.  Users define usefulness.   If it is not used, it is not useful.  But in reality, how many users use all the information that are the product of large research investment, is itself a question. Again, against the view of information as a resource / commodity, the following arguments can be offered-

i) Shareable and not Exchangeable (Public Good): Most of the goods and services have the property that more for you means less for me; but in case of information, more for you does not mean less for me. Passing of information is not losing it.

ii) Assigning Value: It is very difficult to assign values to ideas because different people need information in different depth.

iii) Tax: Tax is not levied on information generation or its consumption; so it is not a commodity.

iv) Publicity: Before buying any other product or goods people know ahead of time what they are going to buy, but in case of information one will not be able to know the whole thing before buying it. If one knows the whole thing, then they may not feel the need to buy it.

v) Expandable and Compressible: Information increases with use, it can be expanded and compressed i.e it can be summarized, integrated, etc.

vi) Non Materiality Problem: The non-materiality of information creates several problems in respect of measurement, appropriateness, ownership, impact, costing, etc.

Information does not possess each and every property of other general resources or commodities but at the same time we also should not expect it to be. The people at large are favouring the view that information is a resource and a commodity.

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