Intern at Hariyali Foundation In collaboration with Educational News
After the arrival of Corona Virus into the country after the months of February and March, educational institutions including schools and colleges were shut down and the normal teaching learning process was hampered. After, a certain time, the Teaching process again started through online mode and till now the same process is being followed.
Now, the question arises that the available mode of teaching is accessible to all the students across India or there are other students left who still are not connected with their respective educational institutions through the new mode of learning?
The normal classroom learning is not possible at present because of transmission of virus amongst the students and that will make the situation even worse than before. Therefore, lectures and notes to the students are given via the online mode with help of apps like Zoom, Google meet, Jio meet, Google Classroom and many more. These apps can only be accessed with the help of a Smartphone. Now, being a developing country, unequal distribution of wealth and resources is genuine in a country like India.
According to a survey by Central Board of Secondary Education (CBSE), at least 27% students do not have access to Smart phones, tablets or laptops for online classes. Such college and school students are facing a lot of problems in their studies
According to a real time progress tracker, 83% of households in India had electricity connection till 2018, and after some tome Modi government claimed that they have electrified India to 100% but everyone knows that laying wire lines, and transformers doesn’t mean that electricity reaches to the place.
Though the data is unavailable, there are villages still left waiting for electricity and hence in such remote areas it is so difficult for a student having a phone or any other electronic device and charging it properly for uninterrupted attendance in the online classes.
Now, there are sudden prolonged power cuts too which occur and can obstruct the power supply to electronic devices which can hamper the delivery of education through online mode from teachers and professors to the students and scholars. The all India average duration of power cuts was5 hours and 28 minutes on May 2, 2019. And also, in villages sometimes the reason is all unknown to the people behind the sudden power cuts.
There is also a problem of slow speed in congested localities, small towns, villages and remote areas of the country. According to the Akamai Q1 2017 State of the Internet Report, the average internet connection speed in India is 6.5 Mbit/s and the average peak connection speed is 41.4 Mbit/s. Globally, India was ranked 89th out of 149 countries/regions by average internet connection speed and 97th by average peak connection speed. According to telecom industry experts, the slow bandwidth speed in India is due to the high cost of spectrum leading to Internet Service Providers (ISPs) not investing much into the spectrum. The growing number of telecom users and Smartphone users are also cited as one of the reasons for slow speed in the country.
Therefore, taking into consideration the present situation, the online mode of education is the best way possible to deliver knowledge to the students in these tough times of Corona. Also, the problems of unavailability of electronic devices and slow internet speed and proper supply of electricity to each and every household must be ensured so that the youth which is the future of the nation gets uninterrupted education and training through online mode.
Article by – Shishir Tripathi Intern at Hariyali Foundation In collaboration with Educational News
An individual for living a life with pride and respect with a roof above the head and Food on the dining table, a steady employement is required. But after the arrival of Covid19 into the scenario the whole situation has been changed and the virus has affected a lot of bindividuals’ livelihood to a very great extent.
The economy was suffering since the slowdown which came into the country after the year 2018-19. The automobile sector wasthe kne which was affected to the maximum extent. Sales were low and the market was lesser and lesser demand from the marketside and as a result after the end of the fiscal year, a lot of inventory was left with the automakers.
India’s automobile industry accounts for 49% of the country’s manufacturing GDP, and it directly and indirectly employs 37 million workers. According to the Society of Indian Automobile Manufacturers (SIAM), 3, 50,000 jobs (mostly contractual) have been lost because of this slowdown and over a million are at a risk due to plant shutdowns and bankruptcy of dealers and component makers.
The services sector is the largest sector in India. The services sector accounts for 53.66% of total India’s GVA of Rs. 137.51 lakh crore. The industrial sector is at the second spot and contributing around 31% of the Indian GDP.
As many as 41 lakh youth in India lost jobs due to the Covid-19 pandemic with most job losses in the construction and farm sector, according to a joint report by the International Labour Organization and the Asian Development Bank. Youth will be hit harder than adults (25 and older) in the immediate crisis and risk bearing higher longer-term economic and social costs, said the report.
There are job disruptions in the form of reduced working hours and earnings, and job losses for both paid workers and the self-employed; disruptions in their education and training; and difficulties in transitioning from school to work, and moving between jobs in a recession.
Data from the Centre for Monitoring Indian Economy (CMIE), an independent body that measures and tracks economic indicators, has said that salaried jobs took a big hit during the COVID-19 lockdown, with the total loss estimated to be at 18.9 million during April 2020-July 2020.
The plight of salaried employees has worsened since the lockdown, with a loss of 17.7 million salaried jobs in April, additional 0.1 million jobs in May, followed by a gain of 3.9 million jobs in June and then again a loss of 5 million jobs in July.
Salaried job loss are very rare, but once lost they are further so difficult to be retrieved again. Another report says that salaried jobs were nearly 19 million short of their average in 2019-20.
As per the World Economic Forum (WEF), the Coronavirus pandemic is putting up to 50 million jobs in the global travel and tourism sector at risk. Of the 50 million jobs that could be lost, around 30 million would be in Asia.
Data from bloombergquint.com, timesofindia.com and theeconomicstimes.com
Moving ahead from the data of organized sector, there’re huge job losses in the unorganized or informal sector where there are no regulations, no rules and hence no correct data. Over 122 million people in India lost their jobs in April, according to estimates from Centre for Monitoring Indian Economy. Around 75% of them were small traders and wage-labourers. Local manufacturers previously also were not in a very good state because of big foreign producers availing goods at cheaper prices, but after the lockdown and the corona virus, their condition have turned to be even more inferior.
Small street food sellers, vendors who generally earn on daily basis, without savings and without sale have shut down their small business and are in a very bad state prolonging to have some credit and start the business again.
Even after introduction of various budgets and relief funds by the department of finance but still, daily wage labourers, and the small businesses are still suffering. Though the relief funds and other budgetary measures are taken by the government but this help is not reaching to the people at the root level. Proper disbursement of financial help directly to all the concerned groups should be there and the benefits of the schemes and other employment generation programs should reach to every sufferer.
Cumulative efforts by the government and other bodies will help the working population and various business to grow again and retaining their same positions like earlier in comparatively lesser time.
The biggest question among the Corona virus epidemic is about the opening of schools and colleges. Some people are in favor of opening the school and many are against it. Meanwhile, a survey has revealed shocking results. The survey has been conducted by the Education Department of the state Haryana adjacent to Delhi.
In this survey of Haryana Education Department, it has been found that about 85% of the students of class 10th and 12th in the state are in favor of opening school from September 2020. Despite the dangers of the Corona epidemic, these parents are ready to send their children to school.
The survey was conducted online by the state school education department. In this, parents of a total of 76,019 students of class 10th and 12th of various government schools of the state attended. It included a few schools from all the 22 districts of the state.
What questions were asked from parents These four questions were asked by the education department to all parents –
Should schools be opened by September 2020?
Are parents ready to send their children to school from September 2020?
Have any of your family members conducted the Kovid test?
Have any of your family members been found to be Kovid positive? … so how will the schools be opened now.
An Education Department official said that ‘most of the students of 10th-12th students are in favor of opening of schools. Therefore, the department has decided to run trial run by opening two schools in different districts first. Government Senior Secondary School in Karnal and Government High School in Sonepat will be opened for four days. Dates will be revealed soon. ‘ In these four days, every movement of the school will be recorded on cameras. How students come to school, how they enter, how classes attend, or not touch each other, how they get out of school .. All these things will be recorded. Classes will be held in small groups instead of classrooms. After the trial, a team of seven members of the education department, including health and hygiene experts, will watch these video recordings to see if all the rules are being followed. If there is a shortage, teachers will be asked to remove it the very next day. These recordings will be shown to every teacher before school opens. The education department is preparing to open schools for class 10th and 12th from September 21.
Students have to submit written consent of their parents for this. An official of the Directorate of School Education has told that the ‘School Management Committee will conduct a survey from the parents of all the students from class 9th to 12th. If 60 percent or more of the parents are in favor of opening the school, it will be recorded in the school register. However, all these things are still in the planning stage.
Coronaviruses are a group of related RNA viruses that cause diseases in mammals and birds. In humans and birds, they cause respiratory tract infections that can range from mild to lethal. Mild illnesses in humans include some cases of the common cold (which is also caused by other viruses, predominantly rhinoviruses), while more lethal varieties can cause SARS, MERS, and COVID-19. In cows and pigs they cause diarrhea, while in mice they cause hepatitis and encephalomyelitis. There are as yet no vaccines or antiviral drugs to prevent or treat human coronavirus infections.Coronaviruses are a group of related RNA viruses that cause diseases in mammals and birds. In humans and birds, they cause respiratory tract infections that can range from mild to lethal. Mild illnesses in humans include some cases of the common cold (which is also caused by other viruses, predominantly rhinoviruses), while more lethal varieties can cause SARS, MERS, and COVID-19. In cows and pigs they cause diarrhea, while in mice they cause hepatitis and encephalomyelitis. There are as yet no vaccines or antiviral drugs to prevent or treat human coronavirus infections.
Etymology:- The name “coronavirus” is derived from Latin corona, meaning “crown” or “wreath”, itself a borrowing from Greek κορώνη korṓnē, “garland, wreath”.The name was coined by June Almeida and David Tyrrell who first observed and studied human coronaviruses.The word was first used in print in 1968 by an informal group of virologists in the journal Nature to designate the new family of viruses.The name refers to the characteristic appearance of virions (the infective form of the virus) by electron microscopy, which have a fringe of large, bulbous surface projections creating an image reminiscent of the solar corona or halo.This morphology is created by the viral spike peplomers, which are proteins on the surface of the virus.
The earliest reports of an illness caused by a coronavirus occurred in the late 1920s, when an acute respiratory infection of domesticated chickens emerged in North America.Arthur Schalk and M.C. Hawn in 1931 made the first detailed report which described a new respiratory infection of chickens in North Dakota. The infection of new-born chicks was characterized by gasping and listlessness with high mortality rates of 40–90%.Leland David Bushnell and Carl Alfred Brandly isolated the virus in 1933.The virus was then known as infectious bronchitis virus (IBV). Charles D. Hudson and Fred Robert Beaudette cultivated the virus for the first time in 1937.The specimen came to be known as the Beaudette strain. In the late 1940s, two more animal coronaviruses, JHM that causes brain disease (murine encephalitis) and mouse hepatitis virus (MHV) that causes hepatitis in mice were discovered. It was not realized at the time that these three different viruses were related.
Human coronaviruses were discovered in the 1960susing two different methods in the United Kingdom and the United States.E.C. Kendall, Malcolm Bynoe, and David Tyrrell working at the Common Cold Unit of the British Medical Research Council collected a unique common cold virus designated B814 in 1961.The virus could not be cultivated using standard techniques which had successfully cultivated rhinoviruses, adenoviruses and other known common cold viruses. In 1965, Tyrrell and Bynoe successfully cultivated the novel virus by serially passing it through organ culture of human embryonic trachea.The new cultivating method was introduced to the lab by Bertil Hoorn.The isolated virus when intranasally inoculated into volunteers caused a cold and was inactivated by ether which indicated it had a lipid envelope.Dorothy Hamre and John Procknow at the University of Chicago isolated a novel cold from medical students in 1962. They isolated and grew the virus in kidney tissue culture, assigning it as 229E. The novel virus caused a cold in volunteers and was inactivated by ether similarly as B814.Scottish virologist June Almeida at St. Thomas Hospital in London, collaborating with Tyrrell, compared the structures of IBV, B814 and 229E in 1967.
Using electron microscopy the three viruses were shown to be morphologically related by their general shape and distinctive club-like spikes.A research group at the National Institute of Health the same year was able to isolate another member of this new group of viruses using organ culture and named one of the samples OC43 (OC for organ culture) Like B814, 229E, and IBV, the novel cold virus OC43 had distinctive club-like spikes when observed with the electron microscope. The IBV-like novel cold viruses were soon shown to be also morphologically related to the mouse hepatitis virus.This new group of viruses were named coronaviruses after their distinctive morphological appearance.Human coronavirus 229E and human coronavirus OC43 continued to be studied in subsequent decade.The coronavirus strain B814 was lost. It is not known which present human coronavirus it was.Other human coronaviruses have since been identified, including SARS-CoV in 2003, HCoV NL63 in 2003, HCoV HKU1 in 2004, MERS-CoV in 2013, and SARS-CoV-2 in 2020.There have also been a large number of animal coronaviruses identified since the 1960s.
Microbiology :- Coronaviruses are large, roughly spherical particles with bulbous surface projections.The average diameter of the virus particles is around 125 nm (.125 μm). The diameter of the envelope is 85 nm and the spikes are 20 nm long. The envelope of the virus in electron micrographs appears as a distinct pair of electron-dense shells (shells that are relatively opaque to the electron beam used to scan the virus particle). The viral envelope consists of a lipid bilayer, in which the membrane (M), envelope (E) and spike (S) structural proteins are anchored.[47] The ratio of E:S:M in the lipid bilayer is approximately 1:20:300.On average a coronavirus particle has 74 surface spikes.A subset of coronaviruses (specifically the members of betacoronavirus subgroup A) also have a shorter spike-like surface protein called hemagglutinin esterase (HE).
The coronavirus surface spikes are homotrimers of the S protein, which is composed of an S1 and S2 subunit. The homotrimeric S protein is a class I fusion protein which mediates the receptor binding and membrane fusion between the virus and host cell. The S1 subunit forms the head of the spike and has the receptor binding domain (RBD). The S2 subunit forms the stem which anchors the spike in the viral envelope and on protease activation enables fusion. The E and M protein are important in forming the viral envelope and maintaining its structural shape.
Inside the envelope, there is the nucleocapsid, which is formed from multiple copies of the nucleocapsid (N) protein, which are bound to the positive-sense single-stranded RNA genome in a continuous beads-on-a-string type conformation.The lipid bilayer envelope, membrane proteins, and nucleocapsid protect the virus when it is outside the host cell.
Genome See also: Severe acute respiratory syndrome-related coronavirus § Genome
Schematic representation of the genome organization and functional domains of S protein for SARS-CoV and MERS-CoV Coronaviruses contain a positive-sense, single-stranded RNA genome. The genome size for coronaviruses ranges from 26.4 to 31.7 kilobases.[9] The genome size is one of the largest among RNA viruses. The genome has a 5′ methylated cap and a 3′ polyadenylated tail.
The genome organization for a coronavirus is 5′-leader-UTR-replicase (ORF1ab)-spike (S)-envelope (E)-membrane (M)-nucleocapsid (N)-3′UTR-poly (A) tail. The open reading frames 1a and 1b, which occupy the first two-thirds of the genome, encode the replicase polyprotein (pp1ab). The replicase polyprotein self cleaves to form 16 nonstructural proteins (nsp1–nsp16).
The later reading frames encode the four major structural proteins: spike, envelope, membrane, and nucleocapsid. Interspersed between these reading frames are the reading frames for the accessory proteins. The number of accessory proteins and their function is unique depending on the specific coronavirus.
Replication cycle Cell entry
The life cycle of a coronavirus Infection begins when the viral spike protein attaches to its complementary host cell receptor. After attachment, a protease of the host cell cleaves and activates the receptor-attached spike protein. Depending on the host cell protease available, cleavage and activation allows the virus to enter the host cell by endocytosis or direct fusion of the viral envelop with the host membrane. Genome translation On entry into the host cell, the virus particle is uncoated, and its genome enters the cell cytoplasm. The coronavirus RNA genome has a 5′ methylated cap and a 3′ polyadenylated tail, which allows it to act like a messenger RNA and be directly translated by the host cell’s ribosomes. The host ribosomes translate the initial overlapping open reading frames ORF1a and ORF1b of the virus genome into two large overlapping polyproteins, pp1a and pp1ab. SARS-CoV genome and proteins The larger polyprotein pp1ab is a result of a -1 ribosomal frameshift caused by a slippery sequence (UUUAAAC) and a downstream RNA pseudoknot at the end of open reading frame ORF1a.The ribosomal frameshift allows for the continuous translation of ORF1a followed by ORF1b.
The polyproteins have their own proteases, PLpro (nsp3) and 3CLpro (nsp5), which cleave the polyproteins at different specific sites. The cleavage of polyprotein pp1ab yields 16 nonstructural proteins (nsp1 to nsp16). Product proteins include various replication proteins such as RNA-dependent RNA polymerase (nsp12), RNA helicase (nsp13), and exoribonuclease (nsp14).
Replicase-transcriptase
Replicase-transcriptase complex A number of the nonstructural proteins coalesce to form a multi-protein replicase-transcriptase complex. The main replicase-transcriptase protein is the RNA-dependent RNA polymerase (RdRp). It is directly involved in the replication and transcription of RNA from an RNA strand. The other nonstructural proteins in the complex assist in the replication and transcription process. The exoribonuclease nonstructural protein, for instance, provides extra fidelity to replication by providing a proofreading function which the RNA-dependent RNA polymerase lacks.
Replication – One of the main functions of the complex is to replicate the viral genome. RdRp directly mediates the synthesis of negative-sense genomic RNA from the positive-sense genomic RNA. This is followed by the replication of positive-sense genomic RNA from the negative-sense genomic RNA.
Transcription of nested mRNAs
Nested set of subgenomic mRNAs Transcription – The other important function of the complex is to transcribe the viral genome. RdRp directly mediates the synthesis of negative-sense subgenomic RNA molecules from the positive-sense genomic RNA. This process is followed by the transcription of these negative-sense subgenomic RNA molecules to their corresponding positive-sense mRNAs.The subgenomic mRNAs form a “nested set” which have a common 5′-head and partially duplicate 3′-end. Recombination – The replicase-transcriptase complex is also capable of genetic recombination when at least two viral genomes are present in the same infected cell.RNA recombination appears to be a major driving force in determining genetic variability within a coronavirus species, the capability of a coronavirus species to jump from one host to another and, infrequently, in determining the emergence of novel coronaviruses.The exact mechanism of recombination in coronaviruses is unclear, but likely involves template switching during genome replication. Assembly and release The replicated positive-sense genomic RNA becomes the genome of the progeny viruses. The mRNAs are gene transcripts of the last third of the virus genome after the initial overlapping reading frame. These mRNAs are translated by the host’s ribosomes into the structural proteins and a number of accessory proteins.RNA translation occurs inside the endoplasmic reticulum. The viral structural proteins S, E, and M move along the secretory pathway into the Golgi intermediate compartment. There, the M proteins direct most protein-protein interactions required for assembly of viruses following its binding to the nucleocapsid. Progeny viruses are then released from the host cell by exocytosis through secretory vesicles. Once released the viruses can infect other host cells. Transmission Infected carriers are able to shed viruses into the environment. The interaction of the coronavirus spike protein with its complementary cell receptor is central in determining the tissue tropism, infectivity, and species range of the released virus.Coronaviruses mainly target epithelial cells.They are transmitted from one host to another host, depending on the coronavirus species, by either an aerosol, fomite, or fecal-oral route. Human coronaviruses infect the epithelial cells of the respiratory tract, while animal coronaviruses generally infect the epithelial cells of the digestive tract.SARS coronavirus, for example, infects via an aerosol route,the human epithelial cells of the lungs by binding to the angiotensin-converting enzyme 2 (ACE2) receptor.Transmissible gastroenteritis coronavirus (TGEV) infects, via a fecal-oral route,the pig epithelial cells of the digestive tract by binding to the alanine aminopeptidase (APN) receptor.
Classification :- The scientific name for coronavirus is Orthocoronavirinae or Coronavirinae.
Coronaviruses belong to the family of Coronaviridae, order Nidovirales, and realm Riboviria.They are divided into alphacoronaviruses and betacoronaviruses which infect mammals – and gammacoronaviruses and deltacoronaviruses, which primarily infect birds.
Genus: Alphacoronavirus;type species: Alphacoronavirus 1 (TGEV) Species: Alphacoronavirus 1, Human coronavirus 229E, Human coronavirus NL63, Miniopterus bat coronavirus 1, Miniopterus bat coronavirus HKU8, Porcine epidemic diarrhea virus, Rhinolophus bat coronavirus HKU2, Scotophilus bat coronavirus 512 Genus Betacoronavirus;type species: Murine coronavirus (MHV) Species: Betacoronavirus 1 (Bovine Coronavirus, Human coronavirus OC43), Hedgehog coronavirus 1, Human coronavirus HKU1, Middle East respiratory syndrome-related coronavirus, Murine coronavirus, Pipistrellus bat coronavirus HKU5, Rousettus bat coronavirus HKU9, Severe acute respiratory syndrome-related coronavirus (SARS-CoV, SARS-CoV-2), Tylonycteris bat coronavirus HKU4 Genus Gammacoronavirus;type species: Avian coronavirus (IBV) Species: Avian coronavirus, Beluga whale coronavirus SW1 Genus Deltacoronavirus; type species: Bulbul coronavirus HKU11 Species: Bulbul coronavirus HKU11, Porcine coronavirus HKU15.
Origin :- The most recent common ancestor (MRCA) of all coronaviruses is estimated to have existed as recently as 8000 BCE, although some models place the common ancestor as far back as 55 million years or more, implying long term coevolution with bat and avian species.The most recent common ancestor of the alphacoronavirus line has been placed at about 2400 BCE, of the betacoronavirus line at 3300 BCE, of the gammacoronavirus line at 2800 BCE, and of the deltacoronavirus line at about 3000 BCE. Bats and birds, as warm-blooded flying vertebrates, are an ideal natural reservoir for the coronavirus gene pool (with bats the reservoir for alphacoronaviruses and betacoronavirus – and birds the reservoir for gammacoronaviruses and deltacoronaviruses). The large number and global range of bat and avian species that host viruses has enabled extensive evolution and dissemination of coronaviruses.
Many human coronaviruses have their origin in bats.The human coronavirus NL63 shared a common ancestor with a bat coronavirus (ARCoV.2) between 1190 and 1449 CE.The human coronavirus 229E shared a common ancestor with a bat coronavirus (GhanaGrp1 Bt CoV) between 1686 and 1800 CE.More recently, alpaca coronavirus and human coronavirus 229E diverged sometime before 1960.MERS-CoV emerged in humans from bats through the intermediate host of camels.MERS-CoV, although related to several bat coronavirus species, appears to have diverged from these several centuries ago.The most closely related bat coronavirus and SARS-CoV diverged in 1986.A possible path of evolution of SARS coronavirus and keen bat coronaviruses is that SARS-related coronaviruses coevolved in bats for a long time. The ancestors of SARS-CoV first infected leaf-nose bats of the genus Hipposideridae; subsequently, they spread to horseshoe bats in the species Rhinolophidae, then to Asian palm civets, and finally to humans. Unlike other betacoronaviruses, bovine coronavirus of the species Betacoronavirus 1 and subgenus Embecovirus is thought to have originated in rodents and not in bats. In the 1790s, equine coronavirus diverged from the bovine coronavirus after a cross-species jump.Later in the 1890s, human coronavirus OC43 diverged from bovine coronavirus after another cross-species spillover event.It is speculated that the flu pandemic of 1890 may have been caused by this spillover event, and not by the influenza virus, because of the related timing, neurological symptoms, and unknown causative agent of the pandemic.Besides causing respiratory infections, human coronavirus OC43 is also suspected of playing a role in neurological diseases.In the 1950s, the human coronavirus OC43 began to diverge into its present genotypes.Phylogentically, mouse hepatitis virus (Murine coronavirus), which infects the mouse’s liver and central nervous system is related to human coronavirus OC43 and bovine coronavirus. Human coronavirus HKU1, like the aforementioned viruses, also has its origins in rodents.
Prevention and treatment:- There are no vaccines or antiviral drugs to prevent or treat human coronavirus infections. Treatment is only supportive. A number of antiviral targets have been identified such as viral proteases, polymerases, and entry proteins. Drugs are in development which target these proteins and the different steps of viral replication. A number of vaccines using different methods are also under development for different human coronaviruses.
There are no antiviral drugs to treat animal coronaviruses.[citation needed] Vaccines are available for IBV, TGEV, and Canine CoV, although their effectiveness is limited. In the case of outbreaks of highly contagious animal coronaviruses, such as PEDV, measures such as destruction of entire herds of pigs may be used to prevent transmission to other herds.
The US order of July 7 stating that F1 visas will not be renewed for students if they are attending only online- lectures in the US is a concerning mater for India since the highest number of foreign students in the US are from India. The US government has announced those F-1 and M-1 (non-academic and vocational students) visa holders attending only online classes will not be allowed to remain in the US.
India on Thursday said it has reported its concerns to the US govt about the new rule on F1 visa and urged to keep in mind the role education have played in the developing relationship between the two countries.
The concerns were expressed during the virtual foreign office consultations between Foreign Secretary Harsh Vardhan Shringla and US political affairs secretary David Hale on Tuesday. Ministry of External Affairs’ spokesperson Anurag Srivastava said that the US government has looked into the concern regarding the new rule.
During virtual meeting, Srivastava said that India is concerned about the possibility of the return of a large number of Indian students studying in the US due to new rules in visa.
The Immigration and Customs Enforcement (ICE), an agency of the US Department of Homeland Security (DHS) on Monday said that the foreign students pursuing courses in the US must return to their country if their institutes are conducting only online course due to covid-19 pandemic.
‘Intellect’ refers to the creations of the mind. Intellectual Property is a type of intangible property and includes inventions, literary and artistic works, symbols, names and paintings.
Intellectual Property Rights (IPRs) are the Rights granted to the creators of Intellectual Property (IP) by the Government. The nature of IPR is territorial. In any country an IP has to seek protection separately under the relevant laws.
Mechanisms which are Special in nature have been kept in place for various territories in order to provide protection to different types of IPRs. It confers an exclusive right to the inventor/ creator or assignee to fully utilize the invention/ creation for a given period of time.
It’s been established that the intellectual labor associated with the innovation should be given due importance so that public good emanates from it.
This is a strong tool, to protect investments, time, money, effort invested by the inventor/creator of an IP, since it grants the inventor/creator an exclusive right for a certain period of time for use of his invention/creation.
Hence it aids in the economic development of a country by promoting healthy competition and encouraging industrial development which shall also aid in the growth of the economy.
WHAT IS AN INTELLECTUAL PROPERTY?
Intellectual Property(IP) refers to creations of the mind; inventions; literary and artistic works; and symbols, names and images used in commerce.
IP is divided into two categories: 1) Industrial Property:- includes patents for inventions,trademarks, industrial designs and geographical indications. 2) Copyright:- covers literary works (such as novels,poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design.
In Intellectual property(IP), there are Rights which relates to the rights of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs are included.
WHAT ARE INTELLECTUAL PROPERTY RIGHTS?
So what do you mean by intellectual property rights? IP rights like any other property right allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation.
These rights are outlined in Article 27 of the UDHR which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).
There are various pros which are more compelling than the cons.
1) The progress and well-being of humanity rest on its capacity to create and invent new works in the areas of technology and culture.
2) The legal protection of new creations and this encourages the commitment of additional resources for further innovation.
And Lastly the third pros is that the 3) Promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
An efficient and equitable intellectual property system can help all countries to realize intellectual property’s potential as a catalyst for economic development and social and cultural well-being. The intellectual property system helps strike a balance between the interests of innovators and the public interest, providing an environment in which creativity and invention can flourish.
INTELLECTUAL PROPERTY HOLDERS IN A QUANDARY DUE TO COVID-19 PANDEMIC
While experts are in a combat mode and the race is on to discover the cure for COVID-19, the claim of intellectual property rights for exclusive use of the cure poses a dilemma as it is not considered the most rational thing to do at the moment.
Carlos Correa addressed to organizations like WHO, WTO and WIPO via an open letter to seek support for WTO countries that invoke the ‘security exception’ contained in Article 73 of the Agreement on Trade Related Intellectual Property Rights (TRIPS) Agreement, to take ‘actions it considers necessary for the protection of its essential ‘security interests’ in the wake of COVID-19 threat.
It has been suggested that invocation of exception under Article 73 will be warranted to procure medical products and devices or to use the technologies to manufacture them as necessary to take cue of the present public health emergency.
By suspending the enforcement of any Intellectual Property right as given under Article 73(b) of TRIPS Agreement, an obstacle for the procurement or local manufacturing of the medical equipments shall be necessary in order to protect the population of the world will be outlasted.
The question which is raised due to the above is regarding IP rights which are aimed to aid the public by promoting technological advancement in return of providing the inventor an exclusive right over the invention, though for a limited time. Though the IP rights are at a standstill due to the outbreak the IP Registry offices all over have limited their functioning.
TYPES OF INTELLECTUAL PROPERTY
Trade Mark: –
A trademark is used in order to identify a business entity and it also differentiates the goods made or services offered by a company or an individual. Names, Words, Logos, Colors, Packaging, Sounds (audible), Signs (visual) or any combination thereof are considered and can be filed as trademarks.
A trademark must be Unique and Distinctive in nature and must also avoid adjectives for eg efficient and Names of person or places (E.g. India). Even Obscene words, Religious or Government words or symbols (E.g. OM) and Common Shapes (Square) should be avoided.
The Trade mark means a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and some person having the right as proprietor to use that mark.
The function of a trade mark is to give an indication to the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to the trade source from which the goods come or the trade hands through which they pass on their way to the market.
The Trade Marks Act, 1999 is an act which provides for the registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks. A trade mark is valid for a period of 10 years.
Case Name: The Coca-Cola Company v. Bisleri International Pvt. Ltd Case Citation: Manu/DE/2698/2009
Copyright: –
Copyright is an exclusive legal right granted to the creators of an intellectual work. The owner of a Copyright has rights to reproduce, translate, adapt, perform, distribute and must be publicly allowed to display the work, etc.
Registration is not mandatory since copyright comes into existence as soon as the intellectual work is created but it is recommended to register a copyright for better enforceability, since registered copyrights have more evidentiary value in court.
(a) Types of Works covered under Copyright:-
(1) Literary including Software – Books, Essay, Compilations, Computer Programs.
(2) Artistic – Drawing, Painting, Logo, Map, Chart, Plan, Photographs, Work of Architecture.
(3) Dramatic – Screenplay, Drama.
(4) Musical – Musical Notations.
(5) Sound Recording – Compact Disc.
(6) Cinematograph Films – Visual Recording which includes sound recording.
(b) Duration of Copyright:-
(1) Literary, Dramatic, Musical or Artistic Works – Lifetime of the author + 60 years from the death of the author.
(2) Anonymous & Pseudonymous Works – 60 years from the year the work was first published.
(3) Works of Public Undertakings & Government Works – 60 years from the year the work was first published.
(4) Works of International Organizations – 60 years from the year the work was first published.
(5) Sound Recording – 60 years from the year in which the recording was published.
(6) Cinematograph Films – 60 years from the year in which the film was published.
Case Name:- Indian Performing Rights Society Ltd. v. Eastern India Motion Picture Association Case Citation: – 1977 SCR (3) 206
Designs: – The Design Act, 2000 states that it protects the aesthetic and ornamental features of an object. As per the Act a 2D or 3D pattern of a handicraft, a product, or even an industrial commodity.
The Unique Selling Point (USP), protects the looks and feels of the product and it prevents the duplication of the product. An industrial design helps in drawing a customer’s attention and helps in increasing the commercial value of an article.
Case Name:-Cello Household Products v. M/S Modware India and anr Case Citation:- Notice of Motion (L) No. 209/2017 in Suit (L) No. 48/2017
Patents On the 4th December, 2018, The Ministry of Commerce and Industry released the draft (rules amendment) for Patents Act 1970. These rules are mainly amended with respect to international applications, patent opposition and a few form related extensions. The Central Government proposes to make these amendments in exercise of the powers conferred by section 159 of the Patents Act, 1970.In order to align with TRIPS, inventions which are not patentable have been included even, wider rights of patentee is incorporated. Uniform period of protection is 20years. Case Name: Bajaj Auto Limited v.TVS Motor Company Limited. Case Citation: JT 2009 (12) SC 103
5. Integrated Circuits
Semiconductor Integrated Circuits Layout Design (SICLD) Act 2000 states the meaning of Semi conductor Integrated Circuit as, a product having transistors and other circuitry elements designed to perform an electronic circuitry function. There are 2 types of designs as per the act:-
(i) Layout Design – A layout of transistors and other circuitry elements including lead wires which connects semiconductor integrated circuits.
(ii) Layout-Design Registry (SICLDR) is the office where the applications on Layout-Designs of integrated circuits are filed for registration. The jurisdiction of this Registry is whole of India. The Registry, as per the guidelines laid down in the Semiconductor Integrated Circuits Layout Design (SICLD) Act 2000 and the Semiconductor Integrated Circuits Layout-Design (SICLD) Rules 2001, examines the layout-designs of the Integrated Circuits and issues the Registration Certificate to the original layout-designs of the Semiconductor Integrated Circuits.
Case Name: Sunil Alag v. Union of India and Others Case Citation: W.P. (C) 8152/2013
6. Biological Diversity
The Biological Diversity Act 2002 was enacted to realize the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which was passed by the Lok Sabha on 2nd December 2002 and by the Rajya Sabha on 11th December 2002.
It recognizes the sovereign rights of states to use their own Biological Resources due to the scarcity and also to conserve it. The Act provides for a mechanism for equal sharing of benefits arising out of the use of traditional biological resources and knowledge. It is a federal legislation enacted by the Parliament of India for preservation of biological diversity in India.
Case Name: Environment Support Group vs National Biodiversity Authority Case Citation: W.P. No.41532 / 2012
7. Plant Varieties and Farmers
Protection of Plant Varieties and Farmer’s Rights Act of 2001(PPV & FR Act, 2001) confers right to breeders, researchers and farmers over their plant varieties. Reaching legislation with regards to establishing rights for farmers to save, use, exchange and sell farm saved seed.
The Act establishes nine rights for farmers of which the most important in this regard are the right to “seed” and the right to “compensation” for crop failure (Art. 39). Not only does the 2001 Act protect the rights of framers to save, use, exchange and sell farm- saved seed, it also seeks to ensure that these seeds are of good quality, or at least that farmers are adequately informed about the quality of seed they buy.
In addition, safeguards are provided against innocent infringement by farmers. Farmers who unknowingly violate the rights of a breeder are not to be punished if they can prove that they were not aware of the existence of such a breeder’s right (Art 42).
Case Name:- Monsanto Technology LLC & Ors Vs. Nuziveedu Seeds Ltd & OrsHigh Court of Delhi Case Citation: CS (Comm) 132/2016
The Geographical Indication of Goods:- The Geographical Indications of Goods (Registration and Protection) Act, 1999 states Geographical Indication as it is primarily an agricultural or food product, natural or a manufactured product (handicrafts, Handloom textiles or industrial goods) originating from a definite geographical territory. A product is considered to be manufactured in a territory if any one of the activities of either the production or of processing or preparation of the goods takes place there. It promotes the producers prosperity of goods which have been produced in the geographical territory.
It helps the producer community to differentiate its products from other competing products that are present in the market and generate goodwill around its products. Hence, it acts as a signaling device by helping consumers to identify genuine quality products.
Case Name:- Tea Board Vs ITC Limited on 20 April, 2011 Case Citation:- GA No. 3137 of 2010 CS No. 250 of 2010
It has been suggested that invocation of exception under Article 73 will be warranted to procure medical products and devices or to use the technologies to manufacture them as necessary to take cue of the present public health emergency.
CONCUSION
The above overview clearly depicts that India has adopted and adhered to the latest IPR Regime and it has forayed into the global trade competition with a double edged sword.
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