Friday, September 18, 2009

Patent for Thirupathi Laddu; Unbelievable!!

It was surprising and unbelievable for the IPR community members like me to hear the news that Tirumala-Tirupati Devasthanams, a trust that administers the Venkateswara Temple in the Tirumala hills has been awarded geographical copyright that bars others from naming or marketing the sweet preparation under the same name. All the products like Darjeeling tea, Nilgri tea, Champagne etc, has been protected by the GI simply because the special character the geography influences distinguishes the food products from others. The soil, the climate, the altitude, water etc, plays a vital role in deciding the GI.

All the ingredients which go into the Laddu are sourced from all parts of the country and are not just sourced from Thirupathi, the land of “Seven Hills”. No special geographic character of Thirupathi influences the Laddu. Even if Chappathi, Puliyotharai or Vadai is served as a prasadam in Thirupathi, sure they would have been as popular as “Laddu”

Today if millions love the "Thirupathi Laddu" it is not for the taste, sweetness or the aroma. Purely for the divinity it carries. It is sacred and invaluable for the believers. So what is the Tirumala-Tirupati Devasthanams achieved by patenting is nothing but comercializing the laddu which othewise is holy for millions. Does the trust have the right to make the laddu a commodity. This patent says "Yes!"

Hence the GI is primarily because of the clout enjoyed by the Tirumala-Tirupati Devasthanams rather than any special geographical influences. As a saying goes in Tamil "Saami Varam Koduthaalum Poosaari Vidamaataaru", the Tirumala-Tirupati Devasthanams has grown over and above the Lord himself.

Sunday, August 16, 2009

The only Victory that counts is the one over yourself

The legendary coach Charles Riley uttered these words to ever famous Jesse Owens, who broke Hitler’s theory of Aryan Supremacy. Jesse Owens, grandson of a slave imported to US for the benefit of the white man, disproved the racists that merit eliminates everything and anything. Owens won an unprecedented four gold medals in the 100m, 200m, 4X100m relay and long jump. His stunning achievement came when the New world (US) was reeling under the racist discrimination and India fighting for the rights of the untouchables.
69 years have passed since and much has changed in the United States. An Afro-American has been selected as a President whereas India is still to find a PM from the socially deprived Dalit Community. Parts of India are still reeling under racist discrimination in the name of caste. Both India and US were colonies of Britain and faced discrimination by the crown. One country rose to be the “world super power” and the other to be “poorest of the poor”.
Today whether the Afro Americans or the backward castes in India lack is nothing but the will to win over oneself. The burgeoning middle class in India does not seem to understand that there is so much of poverty and discrimination in their streets but have to compete for whatever is available to grab.
Owens humiliation under the Americans was much worse than what Hitler did to him. Though he created history in the Olympics, he was neither appreciated nor invited to the White House by the then US president Franklin D Roosevelt or Harry S Truman. The worst came when he was asked to use the freight elevator to attend his own reception at the Waldorf-Astoria. On the other hand one lakh Germans cheered him and sought his autograph. He was also allowed to stay in the same hotels as any other white man.

May his light shine forever as a symbol
for all who run for the freedom of sport,
for the spirit of humanity,
for the memory of Jesse Owens. – Charles Ghigna.

Saturday, August 15, 2009

Stop Selling MS Word in U.S.

This is what US District Judge Leonard Davis told Microsoft on 11th August 2008. In his two page judgment the judge says “Defendant Microsoft Corporation (“Microsoft”) is found to have unlawfully infringed U.S. Patent No. 5,787,449 (the “‘449 patent”). Defendant Microsoft is found to haveinfringed the ‘449 patent willfully.Damages, post verdict damages, enhanced damages is worth $277,241,092 and $21,102 per day thereafter until the date of this Final Judgment”. iei, the owner of U.S. Patent No. 5,787,449 is very happy about the out come.

This is a significant judgment having in mind the millions of users all over the world. This could affect Microsoft’s applications like word, excel and powerpoint. The fight is not over as there is another 60 days for Microsoft to appeal the judgment.

Microsoft is obviously unhappy about the judgment and wants to fight the case.
Microsoft spokesperson Kevin Kutz says that “the evidence clearly demonstrated that we do not infringe and that the i4i patent is invalid. We will appeal the verdict."XML is part of the open consortium. i4i in its patent petition says, “The invention does not use embedded metacoding to differentiate the content of the document but rather, the metacodes of the document are separated from the content and held in distinct storage in a structure called a metacode map,
whereas document content is held in a mapped content area”

If this order should be applied to other applications and parties who are using it, for sure this will have a wider range of application. So what about ODF? Though the open document format (ODF) and custom approach yield the same result, ODF method is different hence it is not affected by this judgment. The XML form came into existence primarily because of the monopoly the software companies had over the older binary file formats. They were their proprietary.

Amgen, Merck and Bayer use XML to drug label data. Interestingly US patent office also uses iei’s XML. Ironically microsoft got a patent through Patent # 7,571,169 for word processors who use XML format. The judgment affects
this patent.

Let us wait and watch the appeal for the final outcome. Industry players
feel that Microsoft may win the legal battle but time will answer for sure.

Monday, August 10, 2009

சுடலை மாடன்

The lone deity Sudalai Maadan standing tall beneath a Palm tree is a
common scene in and around the southern districts of Tamil Nadu.
He is the guardian and protector for the farmers and peasants
cutting across caste, creed and status. Every village has a
Sudalai Madan temple and sometimes more than one, though without any building around him.

Sudalai Maadan hates a building around him. He stands with his
younger brother all alone in the woods. He is offered Kodai(Festival)
every year during the month of Aadi (July-August).
Depending on the popularity of the Sudalai, the number of animal offering can
vary. Near Vijayanarayanam, as a boy I have seen hundreds of Goats, pigs
chicken, cocks etc., slaughtered to appease the Sudalai. The Chaamiyaadi soaks the banana in the bubbling blood and eats it just like that. One should have guts to watch that! Watching this as a small boy I did not get sleep for several days along with the fever. Thanks to my elder brother who took me with him. Too much of violence seems to be occupying these festivals but that was how the life was in those days. Little primitive though!

Sudalai Maadan enjoys a two days festival with grand Kaniyaan Koothu. Men draped in saris dance to the drum beat in a very unique style. Drums are accompanied with age old Kombu, Parai, Melam etc., My mom says that the Kaniyaan is not an Eunuch but a perfect male who works in the farms during the monsoon and does these stuff during the festival alone. He has a tough task as well. He has to observe some rituals for months and prepare for the festival. His blood is dropped in 21 banana leaves for the Chaamiyaadi to lick them before his dance.

The best part is his journey to the Graveyard where he has to pick up some bones and display it to the crowd on his return. I have heard among the crowd a disbelief on the credibility of the Chaamiyaadi if he fails to bring some buried remnants from the graveyard. He also offers solution to the mass’s
problems and give them hope. He acts as an astrologer. His attire is the best. A
black shorts kind of waist cloth rolls till the knees and has several bells hung around the waist and legs. With a torch in the hand his looks invite fear and reverence. Chinnathaayi movie in Tamil language has done a decent job in portraying Sudalai character.

Post the graveyard visit starts entertainment for the young men and elderly by the Karakaattakari and Kattiyakaaran. Karakaattakaari is a woman who balances a decorated pot on the head and dances for the fast beat. Kattiyakaaran is the modern day compere. With a sexy make-up and sexually
inviting gestures the Karakaattakaari receives rupee notes pinned on her jacket by even the old and young alike. The Kattiyakaaran, delivers double meaning
dialogues to kick-up the men's mind.

Due to the conversion of Dravidians to Brahminical Hinduism and Christianity, Sudalaimadan is not attractive to many southern Tamils as he used to be. Moreover Sudalai madan in most places was a family diety rather than a village one. Along with the families Sudalai's fortune also comes down in many cases. Above all the Real Estate hype has forced the locals to desecrate the Sudalai, Ooiykaatu Sami, Isaki etc., Still I could see some temples conducting the festival on an yearly basis with some foreign aid or those migrated to cities coming back to cherish their nostalgia on their birth places.

Sunday, June 21, 2009

Software Engineer

I always end up with an argument with Cab Drivers, Canteen folks and other support functions which cater to the needs of the IT and BPO personnel whenever I have an encounter with them, it always starts like this. " These IT & BPO guys increased the home rent, land price, food cost etc.," This is the standard complain most people make.
How far this is true? A brief introspection will help us . 10 years back, government jobs were the only option and there was unemployment everywhere. (Now its doubled!!)Today due to the reach of education even to the remote villages and the dilution of the caste system, more Indians are educated and available in the job market. Coupled with the advancement in Information Technology, more Indians were able to work across geographies without much difficulty. If not IT,most of these Indians would have landed up in the Arabian desert.
Again, the benefit of IT was reaped by the middle class and above and not those who were poor and cannot afford the costly fees of an Engineering degree. Also, actual money thrown to get an engineering degree might not always get an IT job. One must also understand that there is a huge number of under-employed people in the IT field. In this field you will find a mechanical engineer, civil engineer, Chemical engineer writing codes for a supermarkek, bank, cosmetic products etc., May look funny!!
Well coming to the earlier point, who actually got the benefit of IT revolution in India, it is everyone. More than the IT & ITES folks it is the support functions which benefited the most. With a minimum education; Brokers, Realtors, Cab owners, Caterers, Gardeners, House keepers,Hoteliers got a very good business opportunity and today it is a multi million dollar industry. Thats what NASSCOM says.
For the Software folks its a raw deal. Living away from home, having little money to lead the life of the developed world, uncertain future and job insecurity threatens the very existence of the IT world. Mostly Indians living through an "on-site opportunity" live the life of a pauper not because they are paid low but they want to save more to buy a house in India and end up paying lesser home loan.
Amidst all the struggle, why is that Indians did not rally behind the IT professionals during the recession? Pretty simple, IT world did not care for the society. Plugging the ipod and traveling in a cab or a bus and ending up in an air conditioned office and return home to discuss the share market and real estate the IT folks lost touch with the society around. Though there is some improvement pertaining to their participation in social matters, it is still not a significant one.

It was heartening to see the IT world rallying for the Eelam Tamil cause in Chennai. There are also some groups within their organizations supporting social activities.

Indian IT community does not have an union. It is a great factor for the corporates but having in mind that there are no stringent labour laws around rights of the software community. They are vulnareable for exploitation which is already underway.

Sunday, April 5, 2009

Bio-medical Waste Management

The recent hand book from "Tamil Nadu Health Systems Project" has come up with a guideline for disposing medical waste in line with some of the best practices around the world. As usual its implementation and government monitoring is not in line with international expectations. Most health care organizations do not have any of these procedures implemented in their premises. Thats what India is! Lets us see what the “Hand Book” says. As per Bio-Medical Waste(Management and Handling) Rules, 1998, “ It shall be the duty of every occupier of an institution generating bio-medical waste to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment.
While a quick survey around the hospitals in our cities will tell us where we stand with respect
to the compliance of Hospital-waste management.
Even those hospitals where the rich throng with their money, a proper disposal management is not evidenced. This is my inference after visiting four hospitals in Chennai city. Blood loathed cotton, needles, broken bottles were lying in the open area very adjacent to these hospitals.
Our hospitals more than curing are creating more menace to the public health. Who will bell the cat??

Monday, March 2, 2009

National Health Bill 2009

Hailing from a hamlet which neither had a proper road nor any hospital, I was a witness of several deaths due to lack of infrastructure and medical facilities. The worst is the refusal by the hospitals to attend any emergency patient due to lack of money, police issues etc., . The medical fraternity was happy to see a fellow human being die rather than not using their costly gadgets. After all human life is the cheapest commodity in India. I only wish this kind of arrongance from the so-called learned doctors will come to an end with the proposed bill to boost patients' rights.

If only this piece of legistation gets approved, every patient has the right to question "over billing", denying medical records or referring the patient else where without any reasons. Thanks to "Jan Swasthya Abhiyan" (People Health Movement)for the long standing war for patient rights.
This piece of legislation will regulate the Public and private healthcare systems.

Till now the term "Patient's Right" was interpreted through other case laws and court judgements. After the "National Health Bill 2009" Patient Rights including emergency care could be very well understood. The bill will also make it madatory for the hospitals to have grievance mechanism to address patient complaints.
As the Indian Healthcare system is near the crisis point, its imperative that the law makers pass the bill as early as possible.

The proposed bill has some vital rights spelled out for the patients.
1. No one shall be denied emergency treatment due to inability to pay fees or need for police clearance.
2. Patient have the right to know name of doctor and nurse treating them.
3. Patient have the right to get a summary of their condition or to seek a second opinion.

Hope this bill brings cheers to the millions of patients across India and the law is follow in letter and spirit.