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Articles 1 - 30 of 94
Full-Text Articles in Law
Recommender Systems And Autonomy: A Role For Regulation Of Design, Rights, And Transparency, Christian Djeffal, Christina Hitrova
Recommender Systems And Autonomy: A Role For Regulation Of Design, Rights, And Transparency, Christian Djeffal, Christina Hitrova
Indian Journal of Law and Technology
Recommender systems are now widely deployed across multiple dimensions of the digital reality that increasingly shapes our lives. In doing so, they mould individual thoughts and actions and can affect individual and collective autonomy. In this paper we first discuss how the ubiquitous exercise of ‘soft’ power by recommender systems on individual users presents interference into individual autonomy and its legal dimensions, expressed through collective and individual self-determination, democratic values and institutions, as well as individual human rights and freedoms. We then argue that this exercise of power over individual and collective destinies necessitates regulatory action to establish an appropriate …
Encryption In India: Preserving The Online Engine Of Privacy, Free Expression, Security, And Economic Growth, Greg Nojeim, Namrata Maheshwari, Eduardo Miglani
Encryption In India: Preserving The Online Engine Of Privacy, Free Expression, Security, And Economic Growth, Greg Nojeim, Namrata Maheshwari, Eduardo Miglani
Indian Journal of Law and Technology
This article argues that the traceability mandate imposed in India by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 undermines encryption and negatively impacts cybersecurity as well as the fundamental right to privacy. In doing so, it explains how the traceability requirement fails the necessity and proportionality test laid down by the Indian Supreme Court in the Puttaswamy judgment, wherein it held that the right to privacy is a fundamental right under the Constitution of India. Further, the article makes a case for why encryption is important for protecting privacy, free expression, and other human rights, …
Building Digital Walls And Making Speech And Internet Freedom (Or Chinese Technology) Pay For It, Apratim Vidyarthi, Rachel Hulvey
Building Digital Walls And Making Speech And Internet Freedom (Or Chinese Technology) Pay For It, Apratim Vidyarthi, Rachel Hulvey
Indian Journal of Law and Technology
More broadly, the tools at the US government’s disposal— IEEPA, Congressional lawmaking authority, and CFIUS review—encourage the use of such flimsy rationale and a lack of transparency, which ultimately promotes such broad bans; and the costs of these bans are dear. There may be First Amendment implications, and at the very least, a chilling of speech. There are also significant impacts on American foreign policy, from legitimizing the Chinese strategy of cybersovereignty and government regulation, to the creation of incentives to localize data in a manner that might undermine American law enforcement efforts.
Killer Robots Or Soldiers Of The Future: Legal Issues And India's Role In The Lethal Autonomous Weapons Debate, Sarvjeet Singh, Sharngan Aravindakshan
Killer Robots Or Soldiers Of The Future: Legal Issues And India's Role In The Lethal Autonomous Weapons Debate, Sarvjeet Singh, Sharngan Aravindakshan
Indian Journal of Law and Technology
This paper traces the politico-legal discussions surrounding autonomous weapons and unpacks the major legal issues plaguing scholarly and governmental debates around Lethal Autonomous Weapons Systems (LAWS). The authors first lay out a typology of autonomy to better understand issues and concerns with such weapons systems. The article then examines the broad legal framework with which these weapons will be required to comply and within whose boundaries these weapons will be required to be operated. The authors proceed to trace major States’ views on LAWS under the auspices of the United Nations Convention on Conventional Weapons. Finally, the authors examine Indian …
The Interaction Between Competition Law & Digital And E-Commerce Markets In India, Anshuman Sakle, Nandini Pahari
The Interaction Between Competition Law & Digital And E-Commerce Markets In India, Anshuman Sakle, Nandini Pahari
Indian Journal of Law and Technology
Part I of this article deals with the present regulatory framework under the Act within the ambit of which anti-competitive practices of e-commerce platforms are currently being investigated by the CCI. Part II of the article provides a brief snapshot of how the CCI has dealt with the anti-competitive practices of e-commerce platforms in the past and how these decisions and observations gradually led to the realization that such platforms are unique and different from the existing offline or brick and mortar market-places. Part III of the article deals with the various kinds of anti-competitive practices (including the novel types …
Eu Merger Review Of 'Killer Acquisitions' In Digital Markets - Threshold Issues Governing Jurisdictional And Substantive Standards Of Review, Peter Alexiadis, Zuzanna Bobowiec
Eu Merger Review Of 'Killer Acquisitions' In Digital Markets - Threshold Issues Governing Jurisdictional And Substantive Standards Of Review, Peter Alexiadis, Zuzanna Bobowiec
Indian Journal of Law and Technology
A growing discontent has spread over the past few years that large digital platforms are putting themselves in a position of unassailable market power through their many acquisitions of fledgling companies that offer niche digital products or services. There has been widespread concern that so many of these so-called ‘killer acquisitions’ fall outside merger control scrutiny because the size of the target in terms of existing revenues is so low that traditional merger thresholds are not satisfied. Critics therefore argue that it is bad public policy to systematically allow mergers capable of generating serious anti-competitive effects on digital markets to …
Hitting The White Ball: The Technology Neutrality Principle And Blockchain-Based Applications, Anne Veerpalu, Eduardo Da Cruz Rodrigues E Silva
Hitting The White Ball: The Technology Neutrality Principle And Blockchain-Based Applications, Anne Veerpalu, Eduardo Da Cruz Rodrigues E Silva
Indian Journal of Law and Technology
This article provides a legal analysis model for legislators to employ in order to identify non-compliance with the technology neutrality principle in cases of use of blockchain technology. The principle of technology neutrality is aimed at supporting innovation and competition. The article uses the treatment of an application called CUBER in Estonia as early as in 2014 as an example for such analysis. The CUBER mobile application used blockchain technology to execute payment transactions for goods and services. The article first portrays the challenges that the technology neutrality principle poses on existing regulation. It then explores whether technology discrimination took …
The Right-To-Education Responsibilities Of Book Publishing Companies, Emmanuel Kolawole Oke
The Right-To-Education Responsibilities Of Book Publishing Companies, Emmanuel Kolawole Oke
Indian Journal of Law and Technology
The responsibilities of copyright owners, specifically book publishers, should be construed from a human rights perspective. Building on the work of John Ruggie and his ‘Guiding Principles on Business and Human Rights,’ this paper contends that book publishers have a responsibility to respect human rights including the right to education. As it relates to copyright law, respecting the right to education entails respecting the measures that countries have incorporated into their national copyright laws to facilitate access to learning materials. Furthermore, corporate actors that own copyright in learning materials should not use litigation or the threat of litigation to try …
The Conundrum Of Internet Jurisdiction And How Us Law Has Influenced The Jurisdiction Analysis In India, Julia Hörnle
The Conundrum Of Internet Jurisdiction And How Us Law Has Influenced The Jurisdiction Analysis In India, Julia Hörnle
Indian Journal of Law and Technology
This Article examines jurisdiction, in the sense of the competence of the courts from a US perspective in internet cases and compares this with the jurisdictional approach of the courts in India. Both the US and India are common law jurisdictions and since the US has been leading the technological internet revolution it is probably not surprising that Indian courts have been influenced by US legal approaches. At the same time, there are important legislative and constitutional differences in India, which makes it even more interesting to trace this influence in internet cases. The Article focuses on jurisdiction in tort …
Dual Capacity Of Advocates: Implications For Ip Law Firms, Arpan Banerjee, Manasi Chaudhari
Dual Capacity Of Advocates: Implications For Ip Law Firms, Arpan Banerjee, Manasi Chaudhari
Indian Journal of Law and Technology
Due to the global nature of intellectual property (IP) infringements, a fair number of plaintiffs in Indian IP cases turn out to be foreign entities with no offices or agents in India. Such entities often appoint partners of law firms as their constituted attorneys. However, Indian law prohibits an advocate from acting in the dual capacity of a lawyer and client’s representative. In this article, we discuss the law on the subject, including case law involving IP law firms, and interview leading IP law firms to understand their practices. We suggest strategies which law firms can use to skirt the …
Book Review: Diversity In Intellectual Property: Identities, Interests, And Intersections, Weijie Huang, Yahong Li
Book Review: Diversity In Intellectual Property: Identities, Interests, And Intersections, Weijie Huang, Yahong Li
Indian Journal of Law and Technology
Book Review of 'Diversity in Intellectual Property', edited by Irene Calboli and Srividhya Ragavan
India’S New Ip Policy: A Bare Act?, Shamnad Basheer, Pankhuri Agarwal
India’S New Ip Policy: A Bare Act?, Shamnad Basheer, Pankhuri Agarwal
Indian Journal of Law and Technology
Amidst much fanfare, the Indian government unleashed an Intellectual Property Rights (“IPR”) policy around two years ago. This paper aims at the first ever comprehensive assessment of this policy, its purported rationale and implications. It argues that the policy is a shoddily drafted and poorly conceptualised document, which is resting on empirically unproven intellectual property (“IP”) assumptions. It is more faith-based than fact-based and endorses a fairly formalistic view of IP, taking it to be an end in itself
Big Data & Litigation: Analyzing The Expectation Of Lawyers To Provide Big Data Predictions When Advising Clients, Siegfried Fina, Irene Ng (Huang Ying)
Big Data & Litigation: Analyzing The Expectation Of Lawyers To Provide Big Data Predictions When Advising Clients, Siegfried Fina, Irene Ng (Huang Ying)
Indian Journal of Law and Technology
This article intends to provide a background of big data and law, and to provide insights on the interaction between professional legal ethics and big data analytics, i.e. whether a lawyer can be disciplined for failing to use big data analytics in litigation cases. While most references in this article will be made to developments in the US legal technology/legal industry scene, this article will also provide a short segment on general developments of big data and law in the developing world. Ultimately, this article hopes to shed light on what litigators may expect from the use of this technology …
Expedited Trials In Ip Cases, Prathiba M. Singh, Devanshu Khanna
Expedited Trials In Ip Cases, Prathiba M. Singh, Devanshu Khanna
Indian Journal of Law and Technology
This article examines recent amendments and judgements concerning expedited IP Trials in India.
On Monopolistic Practices In Bitcoin: A Coded Solution: A Coded Solution, Sanya Samtani, Varun Baliga
On Monopolistic Practices In Bitcoin: A Coded Solution: A Coded Solution, Sanya Samtani, Varun Baliga
Indian Journal of Law and Technology
The underlying values inherent in the creation of bitcoins are those of decentralization and accessibility. The horizontal power structure is an integral part of bitcoins’ architecture – this paper seeks to find a feasible alternative to status quo in order to preserve these characteristics. First, we look at the harms of monopolies and how the concentration of bitcoins is exceptionally harmful to its continued existence. Second, we expose the inadequacies of the existing regulatory frameworks, and discuss how status quo militates against the foundational ideology of bitcoin as a non-institutional cryptocurrency. Third, we undertake a comparative study of the existing …
The Proposed Treaty For The Protection Of Broadcasting Organizations: Old Wine In A New Bottle?, Nehaa Chaudhari, Amulya Purshothama
The Proposed Treaty For The Protection Of Broadcasting Organizations: Old Wine In A New Bottle?, Nehaa Chaudhari, Amulya Purshothama
Indian Journal of Law and Technology
This article analyses the proposed WIPO Treaty for Protection of Broadcasting Organizations (“Broadcast Treaty”) and argues that (a) The need for the Broadcast Treaty has not been fully established and b) even if there were such a need for the Broadcast Treaty (purportedly to help counter signal piracy), the proposed draft of the treaty deviates from this approach towards a ‘rights-based’ approach, creating a ‘paracopyright’ regime, potentially creating chilling effects on legitimate end uses of copyrightable material.
Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley P. Kowalski, Aarushi Gupta, Ifica Mehra
Overcoming India’S Food Security Challenges: The Role Of Intellectual Property Management And Technology Transfer Capacity Building, Stanley P. Kowalski, Aarushi Gupta, Ifica Mehra
Indian Journal of Law and Technology
The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter "agbiotech") within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in …
Fair Dealing Of Computer Programs In India, Rahul Matthan, Nikhil Narendran
Fair Dealing Of Computer Programs In India, Rahul Matthan, Nikhil Narendran
Indian Journal of Law and Technology
This essay analyses the amendments to the Copyright Act introduced in 1994 that dealt with fair dealing provisions for computer programs. The authors identify fair dealing as a user right rather than a defense right on the basis of judicial decisions on the point. They discuss the statutory exceptions to copyright for the purposes for which the program was supplied and to achieve inter-operability of a program. The authors also discuss the restrictions upon such fair dealing provisions, such as their accrual only to the lawful possessor of the program and their use solely for the purpose of achieving the …
Beyond Copyright: Possible Solutions To An Internet Governance Regime, Meera Jayakumar, Hemangini Dadwal
Beyond Copyright: Possible Solutions To An Internet Governance Regime, Meera Jayakumar, Hemangini Dadwal
Indian Journal of Law and Technology
There has been much debate over the general proposal that IP law should be re-designed to suit the climate of cyberspace.However, in this paper, we propose that the very premise of IP law in general, and copyright in particular, as it stands on its own, is redundant for the regulation of the internet. Consequently, we propose two regulatory solutions that can complement the present copyright law regime through improved control over access to data spread over the internet, viz., the Creative Commons approach and the Tier Model for internet regulation.
Open Documents And Democracy: A Political Basis For Open Document Standards, Laura Denardis, Eric Tam
Open Documents And Democracy: A Political Basis For Open Document Standards, Laura Denardis, Eric Tam
Indian Journal of Law and Technology
Modern information society depends upon an enormous variety of electronic devices in order to function on a day-to-day basis. Information and communication technology (ICT) devices are able to exchange information only if they adhere to common communication protocols, technical interfaces, and information formats. ICT standards are the blueprints enabling users to access, create, and exchange information regardless of their hardware or software choices. Increasingly, governments are establishing policies to use ICT products based on standards that adhere to principles of openness and interoperability. Academic analyses of open standards policies usually address economic and technical concerns. But technological design is also …
Of Square Pegs And Round Holes: Towards A New Paradigm Of Database Protection, Deepu Jacob, Prasan Dhar
Of Square Pegs And Round Holes: Towards A New Paradigm Of Database Protection, Deepu Jacob, Prasan Dhar
Indian Journal of Law and Technology
This article looks at the question of the applicability of copyright law to the protection of databases. It features a detailed discussion of the EU Database Directive, which is the only comparable legal framework for the protection of databases. It then discusses some problems that the EU Directive encounters vis-à-vis public interest concerns, and outline why the EU Directive is unable to strike the right balance, both in principle and in practice. Next, it briefly studies database protection law as it exists in the United States, Australia, Canada and finally India, following which the need for protection of databases in …
It Outsourcing And Global Sourcing: A Comparative Approach From The Indian, U.K. And German Legal Perspectives, Ulrich Baumer, Mark Webber
It Outsourcing And Global Sourcing: A Comparative Approach From The Indian, U.K. And German Legal Perspectives, Ulrich Baumer, Mark Webber
Indian Journal of Law and Technology
Businesses today have been able to take advantage of technology in order to use models such as offshoring in order to reduce their costs without a corresponding decline in quality. However, concerns such as data confidentiality and security issues have emphasised the need for businesses to take considerable care when dealing with crossborder transactions, especially since some knowledge of the needs of different jurisdictions is necessary. This article examines the outsourcing model in the context of the information technology industry and looks at the most important clauses and legal issues in such contracts in the light of Indian, English and …
Property Rights In Cyberspace Games And Other Novel Legal Issues In Virtual Property, Peter Brown, Richard Raysman
Property Rights In Cyberspace Games And Other Novel Legal Issues In Virtual Property, Peter Brown, Richard Raysman
Indian Journal of Law and Technology
A major challenge faced by the law as it struggles to keep up with advances in technology is the surprising rate at which it canters along, throwing up new varieties of disputes, new types of transactions and even new types of property. This note examines the concept of virtual property and the problems that may arise from it in the specific context of cyberspace games, as well as the ways in which such problems have been dealt with by the law in the past and how they may be better dealt with in the future. It also discusses the existing …
Outsourcing In India: Practical Approaches To Intellectual Property Issues From The Indian Company Perspective, Wilburn L. Chesser, Steven A. Cohen
Outsourcing In India: Practical Approaches To Intellectual Property Issues From The Indian Company Perspective, Wilburn L. Chesser, Steven A. Cohen
Indian Journal of Law and Technology
International outsourcing transactions by their very nature require some understanding of the laws in multiple jurisdictions on a variety of subjects, including contract law and intellectual property rights law. Such an understanding becomes especially difficult if the systems of law are very different from each other, but it is required nonetheless to ensure that both parties are fully aware of the best ways to avoid liability and maximise their own benefits from the transactions. This article takes the familiar example of US companies outsourcing to India and discusses what the Indian company should be aware of in the context of …
Establishing Appropriate Best Practices In Intellectual Property Management And Technology Transfer In The United Arab Emirates: Building Human Capital, Global Networks And Institutional Infrastructure To Drive Sustainable Knowledge-Based, Innovation-Driven Development, Stanley P. Kowalski
Indian Journal of Law and Technology
For the United Arab Emirates (UAE), to sustainably build, foster, and sustain accelerated transformation towards globally networked knowledge-based, innovationdriven, economic development in the 21st century, a suite of internationally-standardized best practices (BP) in intellectual property (IP) management and technology transfer (techtransfer) will be necessary. Appropriate BP are not only integral to national and international IP law, practice, and management, but, perhaps more fundamentally, are critical as the UAE seeks to forge strategic partnerships linking the private (e.g., small/ medium enterprises: SMEs), government (e.g., funding sources), and public sectors (e.g., universities and research institutions), towards a dynamic nationally, regionally and globally …
Plant Breeders’ Rights, Farmers’ Rights And Food Security: Africa’S Failure Of Resolve And India’S Wobbly Leadership, Chidi Oguamanam
Plant Breeders’ Rights, Farmers’ Rights And Food Security: Africa’S Failure Of Resolve And India’S Wobbly Leadership, Chidi Oguamanam
Indian Journal of Law and Technology
Since 2000s, Africa and India severally rejected the notion that UPOV’s 1991 standard of Plant Breeders Rights (PBRs) is the only route to fulfil their obligations under Article 27 of the TRIPs Agreement. Objecting to the exclusive focus of the UPOV regime on formal plant breeders, African countries insisted on a holistic approach to plant breeders’ rights to include protection for rights of communities, farmers and their indigenous knowledge, innovation and practices. Consequently, under the African Union’s (AU) auspices, Africa proposed the Model Law for the Protection of the Rights of Local Communities and Breeders, and for Regulations of Access …
Infrastructure Innovation In India: What Can Be Inferred From Eu Regulation?, Serge J.H. Gijrath
Infrastructure Innovation In India: What Can Be Inferred From Eu Regulation?, Serge J.H. Gijrath
Indian Journal of Law and Technology
This article assesses the innovation policy objectives underlying the proposed EU Telecom Single Market (TSM) regulation considering disruptive technological developments and asks what the regulator in India can infer from such regulation. The paper explores the network operator’s dilemma of how to deal with investments in a time where fundamental innovation comes from outside, and the regulator’s dilemma of how to improve the conditions for access to the operators’ networks and safeguard a level playing field. The measures with respect to two technological developments: the deployment of 5G and the goal to ensure very high-speed broadband access in the EU …
Law And Technology: Two Modes Of Disruption, Three Legal Mindsets, And The Big Picture Of Regulatory Responsibilities, Roger Brownsword
Law And Technology: Two Modes Of Disruption, Three Legal Mindsets, And The Big Picture Of Regulatory Responsibilities, Roger Brownsword
Indian Journal of Law and Technology
This article introduces three ideas that are central to understanding the ways in which law and legal thinking are disrupted by emerging technologies and to maintaining a clear focus on the responsibilities of regulators. The first idea is that of a double disruption that technological innovation brings to the law. While the first disruption tells us that the old rules are no longer fit for purpose and need to be revised and renewed, the second tells us that, even if the rules have been changed, regulators might now be able to dispense with the use of rules (the rules are …
Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla
Oxford University V. Rameshwari Photocopy Services - Reshaping The Copyright Discourse, Kartik Chawla
Indian Journal of Law and Technology
This essay analyses the judgment of the Division Bench of the Delhi High Court in the case of University of Oxford v. Rameshwari Photocopy Services3 from the perspective of fair use and the public domain, and the importance of the educational exceptions in contrast with the private property and trade-centric discourse of copyright. The essay is divided into five parts. After the introduction, the second chapter discusses the importance of commons in the core philosophy of copyright law, and how this has been subsumed by the private property discourse in the recent decades. The third chapter provides a brief summary …
The Question Of Aerospace Vehicles: In Support Of Dual Legal Systems For A Dual Purpose Craft, Marshall Mckellar
The Question Of Aerospace Vehicles: In Support Of Dual Legal Systems For A Dual Purpose Craft, Marshall Mckellar
Indian Journal of Law and Technology
World governments and military contractors have been developing aerospace vehicles (ASVs) for over seventy years. Today, there exists a renewed interest in the development and utilization of this technology. From the Air Force’s X37-B spaceplane and DARPA’s Hypersonic Technology Vehicle-2 (HTV-2), to Virgin Galactic’s SpaceShipTwo, Reaction Engine’s SkylonSpaceplane, XCOR’s Lynx Mk II and India’s Avatar Spaceplane, cutting-edge innovators are pursuing an aircraft capable of traversing the fringes of outer space with unprecedented frequency and efficiency. In order to facilitate the viability of this developing technology, space-faring states—and the international community as a whole—must have a thorough legal discussion concerning the …