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Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
The rationale for the exception will vary with purpose for which it is granted. However, in the previous article 30, it has already been explained that these justifying reasons come from numerous sources such as Articles 7 and 8(1), the Doha Declaration and GATT 1994 and TRIPS opening declarations. Just like Article 20 does not … Continue reading Balancing Patent Rights and Societal Interests: Interpreting Articles 20, 7, and 8 in Light of TRIPS
Read more »Countering the Surge of Digital Piracy in OTT Platforms in India
Abstract This article studies how India’s media and entertainment sector has changed as a result of the impact of the COVID 19 pandemic, in particular, the growth of the Over the Top (OTT) platform. Against this backdrop, audiences now increasingly migrate to digital streaming services as traditional channels such as cinemas are disrupted by lockdown, … Continue reading Countering the Surge of Digital Piracy in OTT Platforms in India
Read more »Non-Payment of Dues by Companies: Civil or Criminal Wrong? Insights from Calcutta High Court Ruling
INTRODUCTION The Calcutta High Court recently addressed this important question in its judgement in the case of Dasrathbhai Narsangbhai Chaudhary and Another Versus the State of West Bengal and Another. Through this case, the court further clarified the line between civil and criminal wrongs by analysing the facts of the case and reiterating the judgements … Continue reading Non-Payment of Dues by Companies: Civil or Criminal Wrong? Insights from Calcutta High Court Ruling
Read more »Jasleen Royal’s Fight for Creative Rights: A Battle against Unauthorized Use in the Music Industry
INTRODUCTION On March 12th Singer-composer Jasleen Royal filed a case of copyright infringement and unauthorized usage against music label T-Series, lyricist Raj Ranjodh, and singer Guru Randhawa in the Bombay High Court. The case is related to her original musical composition in the song called “All Right”. It began when she composed some pieces for … Continue reading Jasleen Royal’s Fight for Creative Rights: A Battle against Unauthorized Use in the Music Industry
Read more »Paper Leak: Law to Combat the Issue
Introduction Competitive exams in India are not just a means to get a job, rather they signify a much deeper meaning. They are a means through which people improve their social status, and standard of living. A large section of our country is poor and the only way they think they can improve their status … Continue reading Paper Leak: Law to Combat the Issue
Read more »The Blurred Lines Between Excise and Trademark Law
EXCISE LAWS VS TRADEMARK LAWS The case of ‘Mount Everest Breweries Ltd. v. Excise Commissioner, MP has an interesting twist on the confluence of excise laws and trademark legislation. In the case at hand, the Madhya Pradesh High Court held that what powers to determine the similarity between beer labels can be exercised by the Excise … Continue reading The Blurred Lines Between Excise and Trademark Law
Read more »Analysis of The TMKOC Case: John Doe Orders and their Necessity in the Entertainment Industry
Introduction TMKOC which stands for Taarak Mehta Ka Ooltah Chashma is one of the most reputed and long-running TV Shows. It occupies a very special place in people’s hearts as it is a sitcom based on ordinary -middle-class people and depicts situations to which people can relate. The show was created by Asit Kumarr Modi and … Continue reading Analysis of The TMKOC Case: John Doe Orders and their Necessity in the Entertainment Industry
Read more »Novartis Vs Union of India: A Landmark Case in Intellectual Property Law
INTRODUCTION The judgment of the Supreme Court of India in the case of Novartis vs Union of India, 2013, marked a milestone at the interface between intellectual property law and public health. This landmark case has shifted thinking with respect to the perception of pharmaceutical patents vis-à-vis their impact on access to lifesaving drugs. In … Continue reading Novartis Vs Union of India: A Landmark Case in Intellectual Property Law
Read more »Are Personality Rights only for Celebrities.
Personality rights are rights to individuals to protect their persona in commercial domain, which includes but is not limited to their name, voice, physical characteristics etc. In India, we do not have a specific law on personality rights. But through different precedents of courts in India, we can conclude, that Personality right can be broadly … Continue reading Are Personality Rights only for Celebrities.
Read more »Buybacks and Company Legislation
INTRODUCTION Buybacks is a process or a mechanism where the company approaches the shareholders to buyback or repurchase the shares they hold of the existing company.[1] Buyback is a good way to do capital restructuring. It is a strategic corporate tool regulated under Companies Act, 2013 and Income Tax Act, 1961 which is used for … Continue reading Buybacks and Company Legislation
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