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Wednesday, February 24, 2021

Current Affairs – February 24, 2021

 

INDIA

Congress government in Puducherry falls

The Congress government in Puducherry fell on February 22, 2021 after Chief Minister V. Narayanasamy resigned ahead of the confidence vote. On February 21, the ruling coalition of Congress (9) and DMK (2) had 11 MLAs while the opposition had 14: All-India NR Congress (7), AIADMK (4), BJP (3). The 33-seat Assembly has one independent MLA while there are seven vacancies.

India, World Bank sign $68 mn project for improving education in Nagaland

Indian government, Government of Nagaland and the World Bank on February 23, 2021 signed the $68 million “Nagaland: Enhancing Classroom Teaching and Resources Project” to enhance the governance of schools across Nagaland as well as to improve teaching practices and learning environments in select schools.

Court in Delhi grants bail to climate activist Disha Ravi

A court in New Delhi on February 23, 2021 granted bail to climate activist Disha Ravi, arrested in connection with allegedly being involved in sharing a “toolkit” on social media related to the farmers’protest, terming evidence produced by police as “scanty and sketchy”. The court said there is nothing on record to establish any direct link between Ravi and pro-Khalistan activists of ‘Poetic Justice Foundation’ (PJF) and also there is not even an iota of evidence brought connecting the perpetrators of the violence on January 26 with the PJF or her. She was arrested from Bengaluru on February 13.

Former TRAI Chairman Rahul Khullar dies at 69

Former chairman of the Telecom Regulatory Authority of India (TRAI) Rahul Khullar passed away on February 23, 2021 in New Delhi at the age of 69. Khullar, a 1975-batch Indian Administrative Service (IAS) officer, was appointed as TRAI chief in May 2012. He served at TRAI for three years. Before being appointed as TRAI chief, he was a secretary of the Ministry of Commerce and Trade.

Economy & Corporate

DAC approves capital acquisition proposals worth Rs 13,700 crores

The Defence Acquisition Council (DAC) on February 23, 2021 approved capital acquisition proposals of various weapons, platforms, equipment required by the three-armed forces and accorded three Acceptance of Necessities (AoNs) for an overall cost of Rs 13,700 crore. All these AoNs are in the highest priority category of defence acquisition.

India, Mauritius sign CECPA

India and Mauritius have signed Comprehensive Economic Cooperation and Partnership Agreement (CECPA). This is the first trade Agreement signed by India with a country in Africa. The Agreement is a limited agreement, which will cover Trade in Goods, Rules of Origin, Trade in Services, Technical Barriers to Trade (TBT), Sanitary and Phytosanitary (SPS) measures, Dispute Settlement, Movement of Natural Persons, Telecom, Financial Services, Customs Procedures and Cooperation in other areas.

AIIB to give loan for Assam Intra-State Transmission System Enhancement Project

Union Government and the Asian Infrastructure Investment Bank (AIIB) on February 23, 2021 signed a loan agreement for $304 million Assam Intra-State Transmission System Enhancement Project to improve reliability, capacity and security of the power transmission network in the State of Assam. The programme would strengthen the existing intrastate transmission network of Assam by augmenting it with newer networks to achieve affordable, secure, efficient and reliable round the clock power. The total estimated cost of the project is USD 365 million of which USD 304 million will be financed by the AIIB.

World

Nepal’s Supreme Court reinstates dissolved House of Representatives

Nepal’s Supreme Court in a historic verdict on February 23, 2021 reinstated the dissolved House of Representatives, in a setback to embattled Prime Minister K P Sharma Oli who was preparing for snap polls. A five-member Constitutional bench annulled the government’s decision to dissolve the 275-member lower house of parliament. Nepal plunged into a political crisis in December 2020 after President Bidya Dev Bhandari dissolved the House of Representatives and announced fresh elections on the recommendation of Prime Minister Oli.

Canadian MPs vote to label China’s treatment of Uighur minority as ‘genocide’

Canadian MPs voted February 22, 2021 to label Beijing’s treatment of its Uighur minority as genocide in response to China claims its policy in Xinjiang is a “shining example” of human rights progress. Rights groups believe at least one million Uighurs and other mostly Muslim minorities have been incarcerated in. China is also accused of forcibly sterilizing women and imposing forced labour.

EAM inaugurates new chancery building of Indian High Commission in Mauritius

External Affairs Minister S Jaishankar on February 23, 2021 inaugurated a new and environment-friendly chancery building of the Indian High Commission in Mauritius. Indian-origin people constitute nearly 70 per cent of the population of Mauritius. Their ancestors were sent there as indentured labourers during British rule.

Luca Attanasio, Italy’s ambassador to Democratic Republic of Congo, killed

Luca Attanasio, Italy’s ambassador to Democratic Republic of Congo, his bodyguard and a driver from the World Food Programme were killed in an attack on their convoy on February 22, 2021. The ambush occurred as the convoy was travelling from Goma, Congo’s eastern regional capital, to visit a World Food Program school feeding project in Rutshuru.

Ahmed Zaki Yamani, Saudi oil minister from 1962 to 1986, dies at 90

Ahmed Zaki Yamani, a long-serving oil minister in Saudi Arabia who led the kingdom through the 1973 oil crisis and the nationalisation of its state energy company, died on February 23, 2021 in London. He was 90. Yamani became oil minister in 1962 and would lead the ministry until 1986.

Researchers accidentally discover extreme life beneath Antarctica’s ice shelves

 Dr Huw Griffiths, marine biologist and lead author of the study, said that the stationary animals are like sponges and potentially several previously unknown species.Researchers accidentally discovered extreme life far underneath the ice shelves of the Antarctic during an exploratory survey, a recent study published in the journal Frontiers in Marine Science said. At a distance of 260km away from the open ocean, the researchers found out the existence of stationary animals attached to a boulder on the seafloor as they drilled through 900 metres of ice in the Filchner-Ronne Ice Shelf with their cameras lowered down.

Dr Huw Griffiths, marine biologist and lead author of the study, said that the stationary animals are like sponges and potentially several previously unknown species. In a video shared by the British Antarctic Survey, Griffiths said it was a surprising discovery because they never expected animals that “filter feed their food from the water column to be found this far from a source of food or daylight.”

“This discovery is one of those fortunate accidents that pushes ideas in a different direction and shows us that Antarctic marine life is incredibly special and amazingly adapted to a frozen world,” the biogeographer said in a separate statement.

The first-ever record of a hard substrate community deep beneath an ice shelf throws up more questions than it answers since the researchers don’t know how did they get there, what they have been eating or how long they have been there. The researchers are wondering whether these are the same species seen outside the ice shelf or are they new species. There are also few questions around the survival of these species in case the ice shelf collapses.

The discovery appears to go against all previous theories of what kind of life could survive in such an extreme condition. The dependence on drilling and cameras mean, according to Griffiths, the area underneath the giant floating ice shelves is probably one of the least known habitats on Earth. But getting up close with these animals and their environment remains a challenge for polar scientists.

“We have no idea what species these animals are. We don't know how they are coping with these extreme conditions. And the only way we are going to be able to answer those questions is to come up with a new way of investigating their world,” added Griffiths.

Source: Hindustan Times, 16/02/21

Tuesday, February 23, 2021

Quote of the Day February 23, 2021

 

“No one can make you feel inferior without your consent.”
Eleanor Roosevelt
“कोई आपको आपकी अनुमति के बिना नीचा नहीं महसूस करवा सकता है।”
इलेनौर रूजवेल्ट

Mass Migration of Blue Earthworms in Meghalaya

 

Key Facts

  • The blue earthworms, measuring up to 1.6 feet in length, migrate up and down to 300 metres in the East Khasi Hills of the state.
  • Uphill migration of the earthworms starts in April-May. With the onset of monsoon, they emerge from the rivers and streams.
  • Downhill migration occurs during September-October when the vegetation starts to dry and temperature & humidity drop.
  • The locals in the state beat them when they observe these earthworms because of they play a major role in enhancing the fertility of soil.
  • Further, it helps in shifting the locals to ecologically sustainable organic farming.

Concerns

There are some areas in the state where the unsustainable land-use practices have drastically reduced the population of earthworms. The damage has been caused mostly by the stone quarry and heavy earth-cutting. The factors including the developmental activities, erratic weather patterns, predation, and climate change results into the mass migrations of earthworms.

Blue earthworm

The scientific name of the blue earthworm is Perionyx excavates. It is also called as composting worms, blues, or Indian blues. The species is known for its ability to create the fine worm castings so quick. The species have become popular in North America recently where it is used for composting purposes. Scientists believe that its origins are in the Himalayan mountains. It is also suited for vermicomposting in tropical and subtropical regions.

How to prepare for the UPSC Prelims 2021

 

The UPSC Civil Services Exam is a curriculum-heavy one, which makes it imperative for students to start their preparations a year ahead. The major difference between the Prelims and the Mains is in the type of questions. The Prelims are objective while the questions in Mains are descriptive in nature. Reading the NCERT textbooks or taking regular classes can be sufficient to get the basics right. Going through previous year test papers to understand the pattern will be additionally beneficial. Here are a few quick suggestions:

Prep plan

Source wisely: While you need to source material from various books, do not make the mistake of trying to read too many. Decide on a few and stick with them.

Stay updated with current affairs: Get into the habit of reading one or two good newspapers to stay up-to-date on current affairs. Also, go through news websites for the latest on national and international politics, science and technology and socio-economic issues.

Planning and goal setting: To cover the vast UPSC syllabus, you must plan your day, week and month. Prepare a daily routine where you spend a fixed number of hours on study. Have daily or weekly goals and strive to achieve them.

Revision: The importance of revising cannot be undermined, especially as the Prelims involve being able to recall a lot of facts. This is where making notes helps. With well-made notes, you can revise the whole syllabus easily.

Aptitude tests: Covering aspects like comprehension, mental ability, and logical reasoning while taking aptitude tests can be very advantageous in the long run. This test requires intense practice.

Mock tests: Answering previous years’ question papers will give you an idea on the type of questions and also help assess your preparation level. In addition, you can time your answers optimally. This way, you can plan how much time to spend on each question.

Do not waver: Work hard and persevere. You might be tempted to give up because of the sheer enormity of the task. Remember, the Prelims is only half the battle. You cannot afford to lose enthusiasm at this stage itself. So buck up, study hard, and will yourself to go that extra mile. Do not look at the exams as a burden but as a golden opportunity to improve and showcase intelligence.

The writer is Founder and CEO, The Catalyst Group.

Source: The Hindu, 17/01/21

Current Affairs – February 23, 2021

 

INDIA

PM inaugurates several projects in Assam

Prime Minister Narendra Modi dedicated to the nation INDMAX Unit at Indian Oil’s Bongaigaon Refinery, Oil India Limited’s Secondary Tank Farm at Madhuban, Dibrugarh and a Gas Compressor Station at Hebeda Village, Makum, Tinsukia remotely from Dhemaji in Assam on February 22, 2021. He also inaugurated the Dhemaji Engineering College and laid the foundation stone for Sualkuchi Engineering College in Assam.

PM inaugurates several projects in West Bengal

Prime Minister Narendra Modi on February 22, 2021 inaugurated the 4.1 km extension of Metro Railway from Noapara to Dakshineswar in West Bengal and flagged off the first service on this stretch. He also inaugurated the third line between Kalaikunda and Jhargram.  He dedicated the fourth line between Dankuni and Baruipara and the third line between Rasulpur & Magra and the doubling of Azimganj to Khagraghat Road section which is a part of Howrah-Bandel-Azimganj section of Eastern Railway.

External Affairs Minister Dr. S. Jaishankar visits Mauritius

External Affairs Minister Dr. S. Jaishankar handed over one lakh additional doses of commercially procured Made in India COVID vaccines to Mauritius. India had earlier sent one lakh doses vaccines to the island nation. India also signed a landmark Comprehensive Economic Cooperation and Partnership Agreement (CECPA) with Mauritius. A special 100 million-US Dollar Defence Line of Credit has also been signed which will enable the procurement of defence assets from India as per the needs of Mauritius.

Puducherry CM V. Narayanasamy resigns after losing confidence vote

Puducherry Chief Minister V. Narayanasamy of Congress and his cabinet colleagues in the union territory resigned on February 22, 2021 after the government lost the confidence vote sought by him in the face of its depleted strength of 11 against opposition’s 14 in the House.

DRDO conducts 2 successful launches of VL-SRSAM developed for Indian Navy

Defence Research & Development Organisation (DRDO) conducted two successful launches of Vertical Launch Short Range Surface to Air Missile (VL-SRSAM). The launches were carried out on February 22, 2021 from a static vertical launcher from Integrated Test Range (ITR), Chandipur off the coast of Odisha. Indigenously designed and developed by DRDO for Indian Navy, VL-SRSAM is meant for neutralizing various aerial threats at close ranges including sea-skimming targets.

Airport in Ayodhya will be named Maryada Purushottam Sriram Airport: UP Govt.

The under-construction airport in Ayodhya will be named Maryada Purushottam Sriram Airport, Ayodhya after Lord Ram and a provision of Rs 101 crore has been made for it in the budget presented in the Uttar Pradesh Assembly on February 22, 2021.

Pune International Centre to co-chair Asia Economic Dialogue with MEA in Feb

The Pune International Centre will co-chair this year’s Asia Economic Dialogue that will be addressed by External Affairs Minister Dr. S. Jaishankar and his counterparts from Japan, Australia, Maldives, Mauritius and Bhutan. It will bee co-hosted by the Ministry of External Affairs the Asia Economic Dialogue will be held over three days from February 26 and its theme is ‘The post-COVID global trade and finance dynamics’.

BJP candidates win both Rajya Sabha seats from Gujarat

Bharatiya Janata Party (BJP) candidates Dineshchamdra Jemalbhai Ananvadiya and Rambhai Harjibhai Mokariya won both Rajya Sabha seats from Gujarat on February 22, 2021. The seats had fallen vacant following the demise of Congress MP Ahmed Patel and BJP MP Abhay Ganpatray Bhardwaj.

Lt Gen B S Raju to be new Director General of Military Operations of Indian Army

Lt Gen B S Raju, the General-Officer-Commanding of the Srinagar-based Chinar Corps, will be the new Director General of Military Operations (DGMO) of the Indian Army. Lt Gen Raju, who has extensive experience in counter-terror operations, will succeed Lt Gen Paramjit Singh who has taken charge as Deputy Chief of the Army Staff (strategy).

Mohan Delkar (58), Lok Sabha MP from Dadra and Nagar Haveli, dies in Mumbai

Mohan Delkar (58), seven-term Lok Sabha member from Dadra and Nagar Haveli Union Territory, was found dead in a Mumbai hotel on February 22, 2021. Delkar is an Independent MP.

Economy & Corporate

State-owned Life Insurance Corp launches new plan Bima Jyoti

Life Insurance Corporation has introduced a new plan which is a non-linked, non-participating, individual, savings plan offering a combination of protection and savings. Bima Jyoti provides a guaranteed lumpsum payment on maturity and financial support to the family in case of untimely death of the policyholder during the policy-term.

World

At least 6 killed as Mexican Air Force plane crashes in eastern region

At least six soldiers were killed when a Mexican Air Force plane crashed on February 21, 2021 in the municipality of Emiliano Zapata in the state of Veracruz. LearJet 45 crashed after taking off from El Lencero Airport.

Sports

Adriatic Pearl Boxing Tournament in Montenegro: Indian women finish on top

Babyrojisana Chanu (51kg) and Arundhati Choudhary (69kg) fetched two more gold medals as Indian women boxers ended with five overall for a top finish in the 30th Adriatic Pearl Tournament in Budva, Montenegro. Alfiya Pathan (+81kg), Vinka (60kg) and T Sanamacha Chanu (75kg) are the other Indian women boxers who secured gold medals earlier in this tournament. Indian women emerged as the top team with 10 medals (five gold, three silver and two bronze).

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?

 Introduction

The art of making kathputli was given life by the Bhaat community of Rajasthan as a form of entertainment ages ago. The word ‘kathputli’ is a combination of two words ‘kaath’ meaning wood and ‘putli’ meaning a doll. The inner body frame of the puppet is made from wood and then it is given adornments in the form of metal jewellery, clothes and some metal work. Often however, the word ‘kathputli’ is used, and incorrectly so, for any kind of puppet. This piece maps the intellectual property rights framework for both puppets of the ordinary variety and kathputlis in particular. First, let’s understand where the traditional kathputlis are placed in the panorama of IP rights.

Kathputli as Traditional Knowledge and Its Protection as GI

Kathputli, as the unique art of Indian puppetry would fall under what we now refer to as ‘traditional knowledge’ or TK. Due to the various shortcomings of protecting TK as such (for example lack of documentation, lores and processes being oral, unidentifiable creator etc), kathputlis have been protected by India under its GI regime in the class of ‘handicrafts’. The protection is available till 2026, after which its continued protection would be subject to the payment of a registration fee. The certificate declares the Development Commissioner (Handicrafts), Ministry of Textiles, Government of India, New Delhi to be the registered proprietor.

The truth that emerges does not present a promising picture if the socio-economic status of the community involved with kathputlis is taken as an indication. The registration details of the GI certificate for kathputlis reveal 6 odd authorised users, mostly based in the Makrana and Dedwana districts of Rajasthan. All are in penury. Bhaat, the community mentioned above, for instance, comes under the Dalit domain and is grappling with the change of taste amongst contemporary patrons of art and also the rebellion within the community youth who want a more economically viable profession with a regular income. Clearly, an art which has lost its patrons is a dying one and it is unlikely that the stakeholders involved would be aware of their intellectual property rights.

Kathputlis, being registered as a GI, of course, get legal protection but what about ordinary puppets? After having briefly looked at the status of kathputlis under the GI regime, it is useful to examine the copyright protection of puppets in general, which would operate concomitantly with the GI protection of kathputlis. Two statutes that may be of some relevance here are the Copyright Act, 1957 and the Designs Act, 2000.

Are Puppets Protected under the Copyright Act?

Are puppets protectable as artistic work under the copyright law? What rights does one have in a purchased puppet? What if the puppet is mass produced, ‘more than 50 times’?

Firstly, copyright would subsist in puppets if they meet the criterion of being a work with a ‘modicum of creativity’. But, if the puppets are commonplace and of ‘run-off-the-mill’ variety, they may not qualify to be original.

Copyright however, does not protect purely utilitarian aspects of a work. So, a crucial question is that  would a puppet which is nothing more than a toy, often hand-made, meant to be played with hands, strings, rods and other such props, not classify as a utilitarian object; hence not amenable to copyright protection?

We do not have any Indian case law that throws light on copyrightability of toys. Thankfully however, we do have a plethora of US cases which have held in favour of their copyrightability. In Gay Toys Inc. v. Buddy L. Corp., 703 F.2d (6th Cir. 1983), the court declared that the toy plane was not a ‘useful article’ possessing utilitarian and functional characteristics. It held that toys do not have any intrinsic function other than the portrayal of the real item and are protectable by copyright. The recent (July 2019) case of LEGO A/S v. Best-Lock Construction Toys Inc., D. Conn., No. 3:11-cv-01586-CSH, 7/25/19 also reiterates the same stand. Mini-figures of LEGO usually have movable torso and hands. This was alleged to be a functional element by Best-Lock. Rejecting this claim, the US district court declared that LEGO torso shapes were a creative element and nothing more.

It can, hence, safely be said that puppets, being toys, cannot be considered as utilitarian and their creative element can definitely be considered as artistic work meriting copyright, if found to be original.

Coming to the second question—what if the concerned copyrighted puppet is mass produced, more than 50 times? Here, section 15(2) of the Copyright Act, 1957 creates a distinct linkage with the Designs Act, 2000 to provide a clear answer. It states that “copyright in any design, which is capable of being registered under the Designs Act, 2000 but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person.”

Transposing the above understanding to the situation of puppets, if the outer appearance of the puppets is replicated more than 50 times, the copyright which might have subsisted in the puppets’ artistic work would cease. This would leave them unprotected under both copyright law and design law.

Performer’s Rights in Puppeteering

Would the use of a puppet for a public performance be an infringement of the artist’s copyright?

For example, if I purchase a few puppets from a maker ‘M’ and do a show (for money) with them, weaving a storyline of my own, would I be violating any copyright of the maker?

The doctrine of first sale entitles a purchaser of a copy of a copyrighted work to use or dispose of that copy freely without paying a royalty to the copyright holder. However, although the purchaser of the concerned puppet may freely dispose it by using or reselling it, they are still bound by the other exclusive rights granted to the author under the Copyright Act, including the right to communicate the work to the public under section 14(c)(ii); and to make any adaptation of the work under section 14(c)(v).

Firstly, the author of an artistic work has the right to communicate the work to the public. Communication to the public, as per section 2(ff) of the Copyright Act can be—a) directly; b) through a display; and c) through diffusion whether simultaneously or otherwise. Therefore, merely purchasing a copy of the work will not entitle the purchaser to publicly ‘communicate’ the art work (subject to any fair use rights under section 52 of the Act).

Secondly, the author also has the right of adaptation, which, in the case of an artistic work means:

1) ‘conversion of the work into a dramatic work by way of performance in public or otherwise’ under section 2(a)(ii)–this, in the submission of the author, would cover within its realm, any monetised puppet show that one does with the puppets so purchased, provided the scenic arrangement or acting form of it is fixed by me in writing or otherwise.

CAUTION: The above explanation is skeptically offered by the author, considering the unfortunate absence of any case law or comparative jurisprudence on the matter. Comments are welcome.

2) ‘rearrangement or alteration’ of any work. This also possibly forecloses any modification of the puppet in order to convert it into a dramatic work.

Additionally, if such modification is proved to be ‘prejudicial to the honour or reputation’ of the maker, the latter has a special right to claim damages u/s 57 (moral rights).

In relation to point 1 above, the author’s submission (in the hope of convincing the readers) is that while adaptation of literary works into dramatic works by way of performance in public or otherwise [as stated in s 2(a)(ii)] is easy to understand if we look at a novel being adapted into a play/nukkad natak etc; however, by contrast, the examples of artistic works being adapted through conversion into dramatic works by way of performance in public, are not easy to fathom. Nonetheless, they do exist—for example the Odissi and Bharatnatyam dance forms (dramatic works) owe a lot to the dance sculptures (artistic works) found in various Hindu temples.

In fact, Dr. Kanak Rele, Director, Nalanda Dance Research Center and a recipient of Padmabhushan Award, Fellow of Sangeet Natak Akademi maintains that “Odissi is characterised by simplicity of grace and redolent with sculpturesque poses which are reminiscent of the glorious stone sculptures of Konark and other temples.

MF Hussain’s Gaja Gamini, the cinematograph film had an 80 feet long visual script which was in fact a sequence of paintings or artistic work by Hussain interspersed later with written words/lines here and there. The script of Gaja Gamini may serve as an apt example of adaptation of an artistic work into a dramatic work.

Likewise, kathputlis being used to give a stage performance is another example befitting the league (in the submission of the author).

Also, any alteration of the traditional kathputli puppet is also likely to invite an infringement action, albeit under Geographical Indications of Goods (Registration and Protection) Act, 1999 (GIGA). Considering that kathputlis are registered as a GI, section 22(4) of GIGA would come into play to hold any ‘impairment of goods after being put in the market’ as infringement.

Conclusion

Simply put, it seems that whether it’s a purchase of the traditional kathputli (as protected under GI) or a simple puppet which is a copyrightable subject matter as an artistic work – the rights that the purchaser has in them are quite limited, some even dubious.

Whether the owner of rights in those puppets would be eager to vindicate them or even have the means to achieve that, is a different matter altogether. For instance, coming back to the Bhaat community to which kathputli making is now confined, it is safe to assume that given their socio-economic status, illiteracy and lack of zeal to establish their rights, it is unlikely that any such infringement as above would ever come to light.

Indeed, the current tendency might just be to tolerate many types of infringement. Also, one must not forget that adaptation is an enabling right and not a stifling one. So any stringent reading of the rights may not find favour even legally.

The endeavour of this post was just to highlight how the world of IP interacts with puppets – both the kathputlis as well as the ‘ordinary’ onesOn a positive note, it is hoped that the Entrepreneurship Development Institute of India (EDII) which has been set up to develop entrepreneurial competencies in weavers, artisans and traders to promote hand-made art, would cover within its fold the almost lost art of kathputli making. This would not only give some respite to the Bhaat community but also give the necessary impetus and encouragement to other artisans/makers of puppets to enable them to establish their rights.

Source:spicyip.com,23/01/21