TRIPS on Copyrights and Provisions in Indian Law

Author: Abhinav Gaur, Research Associate Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) – An Overview The TRIPS Agreement is the most comprehensive and extensive piece of multilateral agreement on Intellectual Property which came into effect on 1 January 1995. TRIPS is the first WTO agreement requiring Members to corroborate a relatively comprehensive set of substantive...

Aysha v. Ozir Hassan: The Publicised Judgment by Madras HC

Author: Nivedita Saxena, Research Associate Facts of the case1. The petitioner, name Aysha, had filed a maintenance case against her husband, named Ozir Hassan, and claimed a monthly compensation for her two minor children and herself. The wife claims that the respondent had married her as per Muslim customs. Immediately after the marriage both had led their marital life at Coimbatore, Out of the wedlock,...

Call for Papers – NLUO, Journal of Competition Law

Competition Law in India is still a evolving branch of law. To cope with the rapidity of technological and market changes and to deal with future problems, it must be sufficiently flexible in character. Hence, arises a need for a platform for discourse on competition law, policy and its interplay with allied fields, which the NLUO Journal of Competition Law and Policy (JCLP) aims to provide. This annual...

Polluter Pays Principle

Author: Anshu Bansal, Research Associate The polluter pays principle states that whoever is responsible for damage to the environment should bear the costs associated with it1. The principle is now internationally recognised and most of the countries have adopted this doctrine in their legal system including European countries Organisation for Economic Co-operation and Development (OECD) and European...

Arbitration as a Mechanism for Dispute Resolution In International Tax Cases

Authors: Sriram P. Govind & Anjali Venugopal1. The power of a State to impose an income tax burden on a person is attributable to its sovereignty. The sovereignty of a State with respect to taxation is dependant on the connection of income to the concerned person. Such a connection or nexus can be either personal or objective. For a natural person, this personal connection is usually owing to his...

Fortifying Consumers in E-Commerce Mechanism: An Indian Perspective

Authors: Piyali Sengupta & Mona Pattanaik, HNLU, Raipur In 49th year of Indian independence, internet was commercially introduced in India. Slowly and gradually grew the role of internet in every sphere and e-commerce emerged. E-commerce is defined as, “the use of electronic transmission medium to engage in exchange, including buying and selling of products and services requiring transportation,...

Importance of Biodiversity

Author: Anshu Bansal, Research Associate On earth, biodiversity is an exceptionally important part of life. Few decades ago, the topic was not considered worth to discuss but current change of events made it the most pertinent topic to discuss throughout the world. Evolution depends on biodiversity and any change in the system is capable of leading dangerous result. Biodiversity does not only refer...

Justifications for punishment and their relevance to criminal offences

Author: Dmytro Tupchiienko, Institute of Criminology, University of Cambridge (UK) Theories of Punishment and their Origins For punishment to be instituted, a conduct or behaviour must be deemed as improper for which punishment is applied. A system of criminal law must exist that defines crimes as being such. Mabbot1defines punishment as a ‘corollary of law-breaking by a member of the society...

Issues of Copyright Protection in the Digital Era

Author: Aishwarya H, National University of Advanced Legal Studies, Kochi The Issue of Online Piracy, the DMCA and the Amendments to the Copyright Act On 20th January 2012, Megaupload website, based in the United States and Hong Kong, which allows users to download pirated music, films and music was taken down. Recently in September 2012, the Kerala police registered cases on more than 1000 persons...

Environmental Policy in India

Author: Anshu Bansal, Research Associate “India though has a long way to go to attain environmental quality akin to those enjoyed in developed economies, has made one of the fastest progress in the world in addressing its ecological issues and improving its environmental quality between 1995 through 20101.” In the wake of World Environmental Day on June 5, once again Indian environmental policy...

Ownership of Copyrights

Author: Abhinav Gaur, Research Associate The copyright is an exclusive right to a creation, any act to do in relation to artistic, literary, dramatic, musical works, cinematography film, sound recording and software, so that the actual person doing it can control his or her material from being exploited. Widely, copyright includes an act of copying, adopting, issuing copies to the public at large,...