Bonum Certa Men Certa

USTR is Trying to Shame and Bully India Into Introducing Software Patents in India

What is "Special 301 Report"? Check Wikipedia.

USTR



Summary: Lobbying body of the US (corporations-led) is trying its usual dirty tactics against India's sound policy which excludes software/algorithms from patent scope

"USTR complains about block of software patents in India while they have Alice," Benjamin Henrion wrote today. For those who are not familiar with the antics of USTR, see examples and details of its bullying in Cablegate articles. Microsoft too uses USTR for influence.



"Microsoft too uses USTR for influence.""USTR complains about Indian block of software patents while they have Alice," Henrion wrote hours later (he found out about it because of Jamie Love, who is a FOSS supporter and also an affordable medicine advocate). Love wrote: "This is one of the business lobbies that pressures India on IPR issues."

In their own words: "Special 301 Report: India’s #IP Climate Continues to Discourage Innovation" (whose innovation?).

USTR is basically an imperialistic corporate army and it needs to be treated as such. We gave examples of how it bullies, shames and potentially sanctions nations that don't play ball for US multinational corporations. Here is the article about it: "The Special 301 Report echoed several of the same outstanding concerns with India’s IP policies that AFTI and its members outlined in recently submitted comments to the USTR. These issues include inadequate trade secret protection in India, continued copyright piracy across India, concerns about compulsory licensing for biopharmaceutical and environmental technology, and unnecessary and burdensome criteria for the patentability of medicines and other products. The USTR report also noted that weak or inadequate IP protections in India have a negative impact on both U.S. and Indian businesses."

"USTR is basically an imperialistic corporate army and it needs to be treated as such."That's nonsense. To quote the PDF from USTR (Henrion has scanned it), "with respect to CII, there was a lack of transparency in the process to adopt the current set of guidelines" ("CII" is just a cheeky term that's often when trying to evade the better known term, "software patents").

In [1] below one can find a report about this from IP Watch. No doubt India's Indians-leaning policies are upsetting some very rich and powerful people in other countries, not just in India. India's long war against the software patents lobby continues with RCEP's clauses. As SFLC has just put it (copy here) in a press release: "Indian law on patentability of computer programmes is abundantly clear in that Section 3(k) of the Patents Act 1970 explicitly excludes computer programmes per se, mathematical methods and algorithms from patent protection. Moreover the recent Guidelines for Examination of Computer Related Inventions released by the Patent Office on February 19, 2016 ensure that patents are granted only to those inventions where a computer programme is claimed in conjunction with novel hardware. This eliminates the possibility of frivolous patents being granted in the field of software in India. However, recently it has come to light that the Regional Comprehensive Partnership Treaty (RCEP) presently being negotiated proposes a clause on patents in the area of computer programmes that will result in patents being granted in this field."

"If China and India care about their future and prosperity, then they will give USTR the middle finger, get out of the RCEP 'trade' agreement and just carry on developing things (India is big for software, China for hardware), not bickering over patents in courtrooms, where English-speaking (usually foreign) lawyers often become necessary because of language barriers."We are disgusted to see these attacks on Indian sovereignty, or on politicians who simply try to establish policy based on human rights, innovation and so on. It's not too hard to see who's behind these attacks, which impact not only India but also China (see [1] below for context). Right now Chinese censorship, for instance, is being cast a "trade barrier" by think tanks and lobbyists of US corporations. These are just opportunistic excuses which try to frame human rights issues as a barrier to US profits in China. And watch what IAM 'magazine' is doing today. When Mr. Schindler says "the Chinese" he probably means "the Chinese lawyers" because IAM believes that more lawsuits are a good thing and wants to increase their frequency. IAM is seemingly worried about barriers to litigation based on yesterday's article. That's really what it's all about. It's exercising power in the courtroom, usually a large company against a small one or a company from a rich country like the US against another company in a poorer country such as India. In the courts, as virtually everyone knows, those with deeper pockets have the cards stacked in their favour (costs of appeals, experienced lawyers, etc.), so who is this all for? It's an imperialistic or colonialist system, which India ought to know enough about, having suffered British occupation for a long time.

If China and India care about their future and prosperity, then they will give USTR the middle finger, get out of the RCEP 'trade' agreement and just carry on developing things (India is big for software, China for hardware), not bickering over patents in courtrooms, where English-speaking (usually foreign) lawyers often become necessary because of language barriers.

Related/contextual items from the news:



  1. On IP Protection, USTR Finds Fault With China, India … And Switzerland? [Ed: see what else it did, bullying nations that don’t obey the demands of US corporations]
    The Office of the United States Trade Representative (USTR) does not hesitate to add even its closest friends to its annual list of concerns about possible inadequate protection of US intellectual property rights. So this year, along with perennial listees China, India and dozens of others, vigorous IP-rights defender Switzerland makes an appearance. The annual Special 301 report was issued today, and in its press release this year, USTR also included its primary client in publishing the list – the rightsholder industry.




Recent Techrights' Posts

Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
 
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work
Microsoft's Windows Down to 8% in Afghanistan According to statCounter Data
in Vietnam Windows is at 8%, in Iraq 4.9%, Syria 3.7%, and Yemen 2.2%
[Meme] Only Criminals Would Want to Use Printers?
The EPO's war on paper
EPO: We and Microsoft Will Spy on Everything (No Physical Copies)
The letter is dated last Thursday
Links 22/04/2024: Windows Getting Worse, Oligarch-Owned Media Attacking Assange Again
Links for the day
Links 21/04/2024: LINUX Unplugged and 'Screen Time' as the New Tobacco
Links for the day
Gemini Links 22/04/2024: Health Issues and Online Documentation
Links for the day
What Fake News or Botspew From Microsoft Looks Like... (Also: Techrights to Invest 500 Billion in Datacentres by 2050!)
Sededin Dedovic (if that's a real name) does Microsoft stenography
Stefano Maffulli's (and Microsoft's) Openwashing Slant Initiative (OSI) Report Was Finalised a Few Months Ago, Revealing Only 3% of the Money Comes From Members/People
Microsoft's role remains prominent (for OSI to help the attack on the GPL and constantly engage in promotion of proprietary GitHub)
[Meme] Master Engineer, But Only They Can Say It
One can conclude that "inclusive language" is a community-hostile trolling campaign
[Meme] It Takes Three to Grant a Monopoly, Or... Injunction Against Staff Representatives
Quality control
[Video] EPO's "Heart of Staff Rep" Has a Heartless New Rant
The wordplay is just for fun
An Unfortunate Miscalculation Of Capital
Reprinted with permission from Andy Farnell
[Video] Online Brigade Demands That the Person Who Started GNU/Linux is Denied Public Speaking (and Why FSF Cannot Mention His Speeches)
So basically the attack on RMS did not stop; even when he's ill with cancer the cancel culture will try to cancel him, preventing him from talking (or be heard) about what he started in 1983
Online Brigade Demands That the Person Who Made Nix Leaves Nix for Not Censoring People 'Enough'
Trying to 'nix' the founder over alleged "safety" of so-called 'minorities'
[Video] Inauthentic Sites and Our Upcoming Publications
In the future, at least in the short term, we'll continue to highlight Debian issues
List of Debian Suicides & Accidents
Reprinted with permission from disguised.work
Jens Schmalzing & Debian: rooftop fall, inaccurately described as accident
Reprinted with permission from disguised.work
[Teaser] EPO Leaks About EPO Leaks
Yo dawg!
On Wednesday IBM Announces 'Results' (Partial; Bad Parts Offloaded Later) and Red Hat Has Layoffs Anniversary
There's still expectation that Red Hat will make more staff cuts
IBM: We Are No Longer Pro-Nazi (Not Anymore)
Historically, IBM has had a nazi problem
Bad faith: attacking a volunteer at a time of grief, disrespect for the sanctity of human life
Reprinted with permission from Daniel Pocock
Bad faith: how many Debian Developers really committed suicide?
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 21, 2024
IRC logs for Sunday, April 21, 2024
A History of Frivolous Filings and Heavy Drug Use
So the militant was psychotic due to copious amounts of marijuana
Bad faith: suicide, stigma and tarnishing
Reprinted with permission from Daniel Pocock
UDRP Legitimate interests: EU whistleblower directive, workplace health & safety concerns
Reprinted with permission from Daniel Pocock