Thursday 17 October 2013


-Lt Col CR Sundar
It is now clear to all of us that much of the news media, be it the news papers or television channels, are in the hands of those who are inimical to the idea of a united India and more so to the continued existence of a strong Indian Armed Forces. Therefore it is obvious that our ideas are not likely to be published and publicized by the media.

          So what should we do? A few years back there was nothing that could be done about it. But in this ‘internet era’ we are not so handicapped. We can each run our own media on the net. However, we need to understand how best to use this free-of-cost opportunity.

          I have given some simple suggestions below.

          Whenever you get an idea put it down in the form of a small essay. We have all been taught in school that a composition should have an introduction, a main body and a conclusion. It would not be difficult for us to do this in 300 to 400 words.

          Once you are ready send it to all your mailing list. But if your mailing list is not proper all your bulk mail will end up as spam. How then can we have a proper mailing list?

          When you receive a mail check the mailing list. Many people send their entire mailing list with their mail. Copy the list and paste it on a blank MS Word page. Remove all additional detail and retain just the email addresses.

          Now send your mail to 50 addressees at a time using ‘gmail’. When you have sent to 250 recipients look in your inbox. Some of your mail would have bounced. Open another ‘gmail’ window and go to ‘contacts’. In this window delete the bounced addresses.

          Now you have to create groups. A group should not contain more than 250 addresses. How is this done? Scrawl down the left panel of ‘contacts’ window and find ‘Other Contacts’. Click that and now click ‘new group’. Create a group eg. ‘Alfa’. Put all the ‘Other Contact’ in ‘Alfa’. Repeat the process to create more groups. You may have as many groups as fancy; there is no limit to the number of groups.

          Now, using these groups you can send mails to 250 recipients at a time. But there is a limit of 1000 mails per day. Once you have sent a 1000 mails you have to wait for 24 hours before you can send the next batch.

          Do not use your media ‘gmail’ address for discussions or for banter. News papers do not discuss. They just put out stories and keep moving. Follow the same principle. Whatever you put out let it be a full article.

          Thus over a period of time you will get your ideas through.


-Hari Prasad, IP Dome

Friday, 27/09/2013 at the offices of Giridhar & Sai Associates, Advocates, IP Dome organised a focused group interaction with Mr. Naveen Andrew, Assistant Controller, Patents office, Chennai. The small audience comprised IT entrepreneurs, faculty members of IIT working in the area of computer science and Information Technology, Dean of the Industrial Consultancy and Sponsored Research Office of IIT, and lawyers.Mr. Andrew made a remarkably pertinent presentation on the ‘Legal Aspects of Software Patenting’.

Mr. Andrew joined as examiner of patent and design with Patent office in 2002, with a BE (ECE) & ME in Communication systems engineering. He has PG Diplomas in IPR and in German language. In 2006 he underwent the in EPOQUE training of the EPO in Berlin and also participated in seminar “EAST MEETS WEST 2012” conducted by EPO Austria. He was promoted as Assistant Controller in 2009. Swapna Sundar, CEO of IP Dome and Mr. Andrew, along with DrVinodSurana formed one viva-voce panel for the Patent Agent Exams held in 2013.

Mr. Andrew began by explaining that Software was a fit and appropriate subject for copyright protection. Computer software is “computer program” within the meaning of the Copyright Act.  Computer programs are included inthe definition of literary work under the Copyright Act.According to the Copyright Act, a computer program is a “set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result.” Software, per se, are intangibles and not protected by patents but are protected by copyrights as applicable to literary and aesthetic works. A computer program is therefore dealt with a literary work and the law and practice in relation to literary works will apply to computer programs. A computer program can be reproduced in any material form including the storing of it in any medium by electronic means on CDs, DVDs, USBs or Floppys which are now obsolete.

The essential elements of a computer program are:
 1.  It is a set of instructions expressed in:
·         words
·         codes
·         schemes or
·         in any other form, including a machine readable medium

2.  capable of causing a computer to:
·         perform a particular task or
·         achieve a particular results

What are not patentable?
A mathematical algorithm or computer programs are not held as inventions because they merely describe an abstract idea. They merely solve a mathematical problem and not a practical application or idea. They are considered mental acts as any professional could do with requisite skills.

Storage media such as CDs, DVDs and Flash drives are not patentable as such due to lack of constructional features / lack of technical features. Some typical software content which arenot patentable are:
       Methods implemented by algorithms /software products
       Editing functions, user-interface features, compiling techniques , databases..
       OS functions
       Program algorithms
       Menu arrangements
       Display presentations/arrangements
       Program language translations

What are patentable?

Patent law protects the technical idea underlying the invention, i.e. the functional elements, while copyright protects the form in which the idea is expressed, i.e. originality of expression but not the underlying idea or concept or function. In fact, the technicality / functionality of the algorithm or program can be protected , if the same is claimed in method steps, but not the source codes, per se.

The patentee would have to bring out the technical feature of the program in claims, demonstrating the solution of a technical problem (in clear method steps), in co-ordination / collaboration with constructional features (or) by projecting ( in claims) by what constructional features the claimed method is implemented. The technical solution provided has to be novel and inventive.

System/device or apparatus claims are not recommended. However, system claims maybe allowed when the technical functions are performed in co-ordination with new or novel hardware which may result in a technical solution. In this case the hardware has to be supported with description / illustrations. Application claims may be allowed.

Mr. Andrew went on to provide some examples of patents that had been granted and others that had been rejected from his own experience as Controller to explain the nuances of software patenting.


Justice K.N.Basha has assumed the charge as Chairman, Intellectual Property Appellate Board , Chennai on the forenoon of 28th August, 2013.His Lordship was attached to the law firm of the Senior Advocate, N.T.Vanamamalai and later, took over the office of Justice R.Balasubramanian, on his elevation to the Bench of Madras High Court. He was designated as Senior Advocate with effect from 9.2.2005 and elevated as the Judge of Madras High Court on 10.12.2005, retiringfrom the service on attaining the age of superannuation with effect from 13.5.2013.

Justice K.N.Bashatakes over from Justice PrabhaSridevan who demitted office at the end of a 27 month tenure. After she retired as a Judge of Madras High Court, she was appointed IPAB Chairman in May, 2011. During tenure, Justice PrabhaSridevan delivered landmark judgments that have set the course for responsible IP practice in India while ensuring her a place in the list of the "50 most influential people in the IP world" by Managing IP magazine.Justice PrabhaSridevan has been lobbying tirelessly for resources and infrastructure for the IPAB.

At a felicitation programmeorganised jointly by the IP Association of South India (IPASI) and the IP R Bar Association, today at Chennai, members of the IP bar expressed their gratitude and appreciation to justice PrabhaSridevan, noting that she had been instrumental in bringing prestige and energy to the IPAB.

In her response to the appreciative words of the secretary of IPASI, Mr MS Bharath, Justice PrabhaSridevan thanked the IP bar for being responsible in the choice of indications and urged continued and enthusiastic action and lobbying on their part for better resources and infrastructure for the IPAB. In her advice to the bar, she encouraged lawyers to have shorter and more focused pleadings and written arguments that would help the tribunal to render better judgements. She also encouraged the bar to start thinking of the IPAB as a quasi-judicial body, and indeed treated as the judicial forum it was intended to be.

Intellectual Property Appellate Board (IPAB) was constituted by the Union Government in the Ministry of Commerce and Industry on 15 September 2003 to hear appeals against the decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.Subsequently, the provisions of the Patent Amendment Act, 2002 and the Patents Amendment Act, 2005, relating to the IPAB were also brought into force, pursuant to which all the appeals pending before the various High Courts stand transferred to the IPAB.

Justice KN Basha was introduced by advocate Rajashekhar of the IPR Bar Association, who took pains to establish that the new chairman of the IPAB was a proficient and sensitive practitioner of both criminal and civil law, and had during his tenure as High Court judge, rendered several landmark judgements in both domains.

In his response, Justice Basha began by pointing out the abysmal lack of resources at the IPAB, and the difficult situation in which the excellent staff of the IPAB were functioning. He pointed out that the term IPAB was inappropriate, as the body was more a tribunal than board and said it would be more fitting to call it the Intellectual Property Appellate Tribunal. He expressed happiness at the promise of better and larger premises for the IPAB at Kelambakkam. He also thanked and appreciated his illustrious predecessor and appreciated the orders passed by her. Justice Basha ended by exhorting the bar to be responsible and "collaborate with the IPAB, so that the chariot of Justice could move smoothly".

Senior advocates of the IP bar also felicitated the judges.

The general feeling in the bar is the Justice Basha will have big shoes to fill, and that he will do so with ease and confidence.

Saturday 17 August 2013




Successful research activity relies on the development of ideas, the ability to protect and execute these ideas, and the commercialization of the inventions. In the evolving innovation ecosystem of India, IITm has a crucial role to play given the superior research capabilities of the faculty, and the branding of the Institute that attracts lucrative and industrial significant sponsored research opportunities. In order to properly manage research activities towards developing innovative solutions to the problems faced by the industry and addressing the future needs of the people of India requires a clear and cogent IP Strategy.

For many educational and research institutes, developing an IP strategy and managing their portfolio of IP assets is a major challenge. In order to successfully create opportunities for innovation and growth, it is essential for the researcher team as well as the Institute to understand the IP landscape in the domain and the trend that the technology is taking. Collaborative research with industry partners for cutting-edge research depends both on the brand of the Institute, and the ability of the team to deliver technologies that can be taken to the market in the shortest possible time. Researchers with a good understanding of the market where the demand for products based on the patent comes from, and knowledge of the ability of industry to develop the invention into products, have greater opportunity to protect and leverage their IP towards profitable commercialization.

The IP SMART Strategy workshop for researchers is designed to provide knowledge and information in a clear and interactive format, addressing the following questions:

 How can IP be designed for commercialization?
 How can a researcher speed up the process of technology translation?
 How can a researcher increase the value of his invention?
 How can different types of IP be deployed with synergyr?
 How to design a legal strategy and craft appropriate contracts for maximizing the revenue potential of the IP generated?

The workshop is also intended to demonstrate the important concepts and useful tools and frameworks designed to build and implement an elegant IP Strategy.

More details available shortly...!



A survey of IP awareness and utility was conducted in Coimbatore city between May and July 2013 by Mr. R. Manoj, MBA marketing student from PSG Institute of management in collaboration with IP dome. Responses were received from various industries such as education, food and soaps, textiles etc., in and around Coimbatore. The response given by these industries shows that they have insufficient awareness or knowledge about IP in their field, as a result of which they are unable to use IP to their advantage.

Nearly 60 companies participated in the survey. The questionnaire contains about 13 analytical questions, designed to elicit information about the level of IP knowledge among the respondents. The response from them demonstrates that they do not intend to use IP for protecting and promoting their brands. However, they are focused on developing their business without piracy and infringement by competitors.

Some companies in the industrial and manufacturing sectors were aware that the processes and designs they are using may be protected by third-party IP but are not intending to license the IP from the IP owners. They do not fear infringement action from the IP owner.

Smaller service and product companies such as oil sellers, travel agencies, and retail shops (all kinds) are not ready to show interest in IP but are very satisfied that customers can easily identify them by their goods or services. They also rely on a good personal relationship with their customers.

This survey gives you adequate details about the awareness and utilization of IP among the local companies of Coimbatore city. Complete response of the participants is with us, to get the full details, please write to Mr. Hari Prasad at




Chennai metro rail is a rapid transit system currently under construction with two phases having both underground and elevated lines and stations. The total length of line is 45.1 kms and the project value is Rs. 14000 crores. The first phase is now underway. Nearly 25 companies have been awarded tenders. We found during our study that mostly the underground constructions were undertaken by foreign giant companies such as SUCG, Mosmetrostroy and Transtonnelstroy. Indian construction companies such as L&T have only joint ventures with these companies but none of them involved as an individual unit.Some companies such as the Tata group companies,Voltas and Tata Steel, are handling independent projects in air conditioning and material supply.


Chennai Metropolis has been growing rapidly and the traffic volumes on the roads have also been increasing enormously. Hence the need for a new rail based rapid transport system has been felt and towards this objective the Government of Tamil Nadu has undertaken the Chennai Metro Rail Project. This project aims at providing the people of Chennai with a fast, reliable, convenient, efficient, modern and economical mode of public transport, which is properly integrated with other forms of public and private transport including buses, sub-urban trains and MRTS.

The corridor-1 starts from Washermanpet and ends at the Chennai Airport. Dead end to dead end length of Corridor is 23.085 km, out of which 14.300 km is underground, 8.785 km is elevated. Total 18 stations have been planned along this corridor.

Corridor-2 starts from Chennai Central and ends at St. Thomas Mount. Dead end to Dead end Corridor length is 21.961km. Alignment length is 22.000 from dead end to dead end (Table 1).
Table1: Total length of metro rail line (in km)

Underground (km)
Washermenpet to Airport
23.1 kms.
14.3 (extension 2.3)
Chennai Central to St.Thomas Mount
22.0 kms.
45.1 kms.

Fig1: Route map of Chennai metro rail


Chennai metro rail limited started awarding tenders for the construction of metro rail in Chennai from 2009.So far totally 25 tenders were awarded to both national and international companies. These tenders are given for the construction of elevated and underground stations, electric and signaling works and other project work. The tenders have been given to companies such as:

The New India Assurance Company Limited, Chennai, M/S SGS India Pvt Ltd,  M/S Arthur D Little Limited, M/S. LancoInfratech Limited, M/S Voltas Ltd, M/S Emirates Trading Agency LLC, Dubai and ETA Engineering Private Limited, India Consortium, M/S The Nippon Signal Co Ltd, M/S Siemens Aktiengesellschaft, Germany and Siemens Limited India Consortium, M/S Gammon-OJSC Mosmetrostroy JV, M/S Johnson Lifts Pvt. Limited and SJEC Corporation-JV, M/S. Larsen & Toubro Limited, Alstom Transport, SA and Alstom Projects India Ltd.-JV, M/S Consolidated Construction Consortium, M/S Transtonnelstroy-Afcons JV, M/S Metro Tunnelling Chennai L&T-SUCG JV, M/s Tantia Construction Limited, M/s. Soma Enterprise Limited.

Elevated stations and other construction tenders have been won by Indian companies such as:  Larsen & Toubro Limited (L&T), M/s. Soma Enterprise Limited, M/s Consolidated Construction Consortium Limited.
Most of the tenders for underground works have been awarded to international companies from China, Russia and France either as individual companies or as consortia. The companies are: M/S Metro Tunnelling , M/S Transtonnelstroy-Afcons JV, M/s Alstom Transport S.A and Alstom Projects India Ltd Consortium, M/S Gammon-OJSC Mosmetrostroy JV. The underground constructions and tunneling are mainly done by foreign companies such as M/S Emirates Trading Agency, Dubai and ETA Engineering Private Limited, M/S Transtonnelstroy, Mosmetrostroy and SUGC. Signalling, Platform Screen doors and Tele-communications were done by M/S The Nippon Signal Co Ltd, M/S Siemens Aktiengesellschaft, Germany and Siemens Limited India Consortium (Fig 2).
Alstom signed its first metro rolling stock contract in India for supplying 168 cars and 16 additional metro cars to Chennai Metro. Alstom will supply Chennai metro's public operator with 42 train-sets composed of four cars each. Each coach costs CMRL Rs.90 million. The stainless steel trains will feature air-conditioned interiors and electrically operated automatic sliding doors, offering comfort and easy access to passengers. They will be equipped with a regenerative braking system ensuring significant energy savings. The cars will operate on 25 KV AC through an overhead catenary system at speeds of up to 80 km/h. 

Financial support for the construction of Chennai metro rail has been received from JICA (Japan international cooperation agency). The estimated amount for construction is Rs. 14000 crores, the central and state government of India is expected to contribute 41% and the rest will be given by JICA by signing of ODA loan.

Fig: 2 Chennai Metro rail tunnel

Many foreign companies got tender in Chennai metro rail project among them three main tunnel constructing companies are:
v        SUCG (Shanghai Urban Construction (Group) Corporation)
v         Mosmetrostroy
v        Transtonnelstroy

SUCG (Shanghai Urban Construction (Group) Corporation)
SUCG Infrastructure India Pvt. Ltd. is an international company which integrates overseas construction, design and management, investment, and sales of construction equipment. Shanghai Urban Construction (Group) Corporation, established in October 1996 with the approval of Shanghai Municipal Party Committee and the Government, is a comprehensive enterprise particularly supported by the Ministry of Construction and Shanghai Municipal Government. It is authorized by Shanghai State-owned Asset Management Committee to manage the state-owned assets within the Group.
Shanghai Urban Construction (Group) Corporation has the special-class qualification for municipal public works, the first-class general contracting qualifications for highway construction, housing, etc.
Role in construction of Tunnel:

SUGC plays a major part in Metrorail construction overseas; they focus on construction of tunnels. In India it has three projects in joint venture with L&T, two in Delhi metro rail and one in Chennai metro rail.
It has 2 overseas tunneling projects in Singapore and Hongkong and has got “Best contractor” award from Angola local government.
Technique used for tunneling:

The machine used by SUCG in CMRL project is tunnel boring machine. The construction method of underground railway shield-driven running tunnel interconnecting channel is characterized by utilizing steel segments of downward tunnel to make grid front earth-cutting device, connecting said grid front earth-catting device with pipe-jacking equipment to form grid squeeze-type pipe-jacking machine, jacking to upward tunnel from downward tunnel and adopting prefabricated composite steel pipe components to assemble them to form the invented interconnecting channel. This method has got China national patent under the title: Construction method for tunnel contact passage in shield section of underground railway.

Open Joint-Stock Company Moskovsky Metrostroy is a bearer of the traditions of the Russian metro-engineering school, which started to emerge in 1931, when it became necessary to set up an infrastructure for the implementation of governmental resolution to set up metro service in Moscow. It has got much state, national and international prizes since 1939. It plays a major role in road tunnels and interchanges.

Role in CMRL:

In 2010 Mosmetrostroy in consortium with Gammon India Ltd. won 2 of 5 tenders announced by Chennai Metro Rail Limited (CMRL). The total contract value is about $430,000,000. The joint project provides the construction of 2 twin-bored tunnels and 7 metro stations in the city of Chennai, India. The Total length of the plot is 8.7 km (8706 m).

Innovative technique used in construction:

They play a major role in road tunnels and interchanges. The two major techniques used for building metro tunnels and stations are: shielding (underground) and cut-and-cover Shielding here all the works are done underground, without disrupting traffic or affecting the town utilities in place.  To bring people, machines and materials into the tunnel under construction, shafts are sunk, with hoists engineered. These are also used to bring out the excavated soil. Soil excavation and lining are performed using a variety of methods. Drilling-and-blasting method is based on breaking soil with explosive charges placed in pre-drilled boreholes. After that, soil is removed from the working face by rock-loading machines and cast-iron or reinforced concrete lining is put in place by special-purpose erectors.

The cut-and-cover method is used for building subsurface lines. Work is done in a pit or trench, which after lining is covered with soil. In conditions of dense urban development, special structures are used to stabilize pits, such as a diaphragm wall or bored-secant piles with anchor or girder bracing. Metro stations are most often built by the cut-and-cover technique; tracks between them by tunneling (fig 3).
  Fig 3 layout of facilities on metro rail station; source:


Transtonnelstroy is a specialized enterprise and is working on the design and construction of tunnels, subways, and other specialty and underground structures for various purposes. It is a giant Russian company for underground construction.It is mainly for construction of tunnels and has completed many projects in Moscow. They have Modern tunneling and special mining equipment which allows carrying out any construction and operation of underground facilities for special purposes in different geological conditions.

Project in CMRL:

A joint venture of Transtonnelstroy and Afcons Infrastructure has been awarded contracts worth Rs 2,598 crore for execution of the Chennai Metro Project. The two contracts with a value of Rs 1,567 crore and Rs 1,031 crore, respectively cover respective lengths from Washermenpet to Egmore station and from Shenoy Nagar to Thiurmangalam station. The works include design and construction of underground stations and associated tunnels covering a total length of 8.6 km and nine underground stations.


I am fascinated to note that the Russian and Chinese companies that have been awarded crucial tenders in the CMRL project are Government Companies or Joint Stock companies.However, similar Indian companies seem not have been awarded contracts. IRCON (the Indian Railway Construction Company) that specializes in Railways (New Railway lines, rehabilitation/conversion of existing lines, Station Buildings and facilities, Bridges, Tunnels, Signalling and Tele-communication, Railway Electrification, and Wet Leasing of Locomotives), Highways, EHV sub-station (engineering, procurement and construction) and Metro rail, and also has undertaking multi-million dollar railway contracts in Malaysia and Sri Lanka, has not been awarded any tenders according to the website of the CMRL.

Similarly, the metro rolling stock contract was given to Alston, a France based company, but not to ICF, even though ICF has all the facilities to construct and maintain cars.


This analysis brings home the point that though Indian companies may be competitive in the elevated sections of metro railways, they lack experience, technological skill and expertise in providing services to be competitive in the underground sectors.