Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 673111 - 673140 of 5209439

Full-Text Articles in Entire DC Network

Sui Generis Protection For Plant Varieties And Traditional Knowledge In Biodiversity And Agriculture: The International Framework And National Approaches In The Philippines And India, Christoph Antons Sep 2022

Sui Generis Protection For Plant Varieties And Traditional Knowledge In Biodiversity And Agriculture: The International Framework And National Approaches In The Philippines And India, Christoph Antons

Indian Journal of Law and Technology

The so-called ‘biotechnology clause’ of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an ‘effective sui generis system’ or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, ‘traditional knowledge’ remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The …

Go to article

Policy-Making, Technology And Privacy In India, Subhajit Basu Sep 2022

Policy-Making, Technology And Privacy In India, Subhajit Basu

Indian Journal of Law and Technology

There is a preconceived assumption that privacy laws in India are notoriously weak. This unquestioned assumption is based on a paradigm that does not take into consideration that the conception of privacy in India is influenced by its ‘culture of trust.’ Unfortunately, rather than looking into the specific societal, political and economic factors triggering the controversy, privacy researchers in the West have constantly varied the meaning and extent of the ‘right to privacy’ to bolster their argument. This article offers an explanation for why ‘umbrella’ data privacy legislation similar to the E.U. Data Protection Directive should not be enacted by …

Go to article

Jurisdictional Issues In Cyberspace, Justice S. Muralidhar Sep 2022

Jurisdictional Issues In Cyberspace, Justice S. Muralidhar

Indian Journal of Law and Technology

With the advent of the internet and the transmission of information and transacting of business across borders, a host of issues have cropped up on the legal front. This article proposes to deal with only one such major issue – that of jurisdiction of the courts to deal with intellectual property rights (IPR) disputes arising out of commercial transactions on the internet. Within the fairly broad field of IPR, the focus will be on trademark disputes, as that is one area where the major developments have taken place.

Go to article

Balancing Online Privacy In India, Apar Gupta Sep 2022

Balancing Online Privacy In India, Apar Gupta

Indian Journal of Law and Technology

There have been disturbing press reports and articles on the Information Technology (Amendment) Act, 2008. These accounts broadly wallow about the increase in the police powers of the state. They contend that the amendment grants legal sanction to online surveillance inexorably whittling down internet privacy. This article seeks to examine this prevalent notion. It discovers that legal provisions for online surveillance, monitoring and identification of data have been inserted in a narrow and defined class of circumstances governed by tenuous procedures. At first glance it may seem that these procedures and safeguards by themselves increase the right to privacy. However, …

Go to article

Fake Facts: An Incredulous Look At Piracy Statistics In India, Prashant Iyengar Sep 2022

Fake Facts: An Incredulous Look At Piracy Statistics In India, Prashant Iyengar

Indian Journal of Law and Technology

The author of the paper looks at how the expression ‘piracy’ has acquired traits due to the manner in which news has been reported, and also the manner in which ‘piracy statistics’ have defined the boundaries of their context by perpetuating an image of value-neutrality while revealing little other than the quantity of ‘pirates’. By examining newspaper reports, he notes the manner in which the losses in the music and video industries are portrayed, and the estimations of the same which are sometimes downright fictitious, but nonetheless accepted by the press. Accounts of piracy in the press have changed though, …

Go to article

The Melting Of Patent Law, Eben Moglen Sep 2022

The Melting Of Patent Law, Eben Moglen

Indian Journal of Law and Technology

In this special comment, the author posits that the patent system as it stands is archaic and oppressive, and has neither intellectual nor moral support. Having veered away from its original goals, by virtue of the change in the technological and functional basis of government, it instead serves as a justification for inequalities of wealth distribution. The author argues that substantial reform is required that would shift the balance in patent law from monopolistic greed to public interest, paving the way for access to knowledge.

Go to article

The Fundamental Problem Of Regulating Technology, Hon. Justice Michael Kirby Ac Cmg Sep 2022

The Fundamental Problem Of Regulating Technology, Hon. Justice Michael Kirby Ac Cmg

Indian Journal of Law and Technology

Scientific breakthroughs and the ceaseless pace of technological innovation touch a diverse range of subject matter, with the most profound changes often proving to be the most controversial. Recent decades have seen the fields of biotechnology and information technology raise the most attention, with the deliberations of lawmakers and courts being increasingly focused on issues brought up by innovation within these fields. Though seemingly disparate and autonomous, given the wide range of issues brought up by the different facets of contemporary technological innovation, the author in this special comment presents how one can take an overview of the subject of …

Go to article

Book Review: Thomas Schultz, Information Technology And Arbitration: A Practitioner’S Guide, Kluwer Law International, 2006, Promod Nair Sep 2022

Book Review: Thomas Schultz, Information Technology And Arbitration: A Practitioner’S Guide, Kluwer Law International, 2006, Promod Nair

Indian Journal of Law and Technology

No abstract provided.

Go to article

Saving The Internet, Jonathan Zittrain Sep 2022

Saving The Internet, Jonathan Zittrain

Indian Journal of Law and Technology

The runaway successes of the Internet and PC with the mainstream public have put them in positions of significant stress and danger. Though the Internet’s lack of centralized structure makes it difficult to assess the sturdiness of its foundations, there are strong signals that our network and computers are subject to abuse in ways that have become deeper and more prevalent as their popularity has grown.

Go to article

Data Protection Efforts In India: Blind Leading The Blind?, Latha R Nair Sep 2022

Data Protection Efforts In India: Blind Leading The Blind?, Latha R Nair

Indian Journal of Law and Technology

This paper, after establishing the need for effective data protection in India, goes on to describe the rudimentary measures taken in the country till date in the sphere of data protection. While highlighting the inadequacy of such measures and the ambiguity in proposed amendments, the author seeks inspiration from European Union law in proposing a broad framework for data protection law in India.

Go to article

Data Exclusivity With Regard To Clinical Data, Animesh Sharma Sep 2022

Data Exclusivity With Regard To Clinical Data, Animesh Sharma

Indian Journal of Law and Technology

Intellectual property rights have evolved over the years with the intention of protecting novelty and innovation of ideas while creating a competitive market, at both a local and global level. The strongest tools to achieve this end have arguably been patents – protecting inventions that are novel, non-obvious and demonstrate utility. Most countries give a protection term of twenty years from the date of filing a valid submission. In the field of pharmaceuticals, foods and agrochemicals, marketing of products requires statutory clearances from the appropriate national regulatory bodies, in order to ensure that the products satisfy certain minimum criteria of …

Go to article

Licensing Information Assets In The New Economy: A Pro-Rights Perspective, Raymond T. Nimmer Sep 2022

Licensing Information Assets In The New Economy: A Pro-Rights Perspective, Raymond T. Nimmer

Indian Journal of Law and Technology

Transactions in the twenty-first century are no longer restricted to just transactions of goods. The digital age has brought with it a boom in transactions in information, and licensing of information assets is often seen as the best way to permit and control the use of the information in question by mutual agreement. However, given the rapidity of technological advances and the corresponding changes in the nature of licensing transactions, an economy is not best served by a static legal system that continues to treat information licensing in the same manner as a hire, rent or lease of goods. This …

Go to article

A Collective Rights Society For The Digital Age, John Maloney Sep 2022

A Collective Rights Society For The Digital Age, John Maloney

Indian Journal of Law and Technology

Variations in digital copyright law in the international sphere have created unnecessary transaction costs to both consumers and producers who wish to transfer digital media efficiently. This article argues that the international community should create a collective rights organisation to bring uniformity, fairness, and efficiency to the process of transferring digital media and endeavours to construct the ideal model for such a collective rights organisation by describing a hypothetical collective rights organisation named PICRO (Possible International Collective Rights Organisation) and examining its operation using the example of digital music distribution. By illustrating the PICRO model in the light of current …

Go to article

Comparing The Competition Law Regimes Of The United States And India, Richard J. Pierce Jr. Sep 2022

Comparing The Competition Law Regimes Of The United States And India, Richard J. Pierce Jr.

National Law School of India Review

The aim of this article is to engage in a critical comparison of the legal regimes that the United States and India use to implement and enforce their competition laws. In Part I, the author describes the U.S. institutions that play major roles in implementing and enforcing competition law, including their powers, their staffing, and the procedures they use to announce policies and to adjudicate disputes. In Part II, the author seeks to critically evaluate the working of competition law in the United States. In Part III, the author describes the Indian institutions that implement and enforce competition law, including …

Go to article

Consumer Internet Standard Form Contracts In India: A Proposal, Robert A. Hillman Sep 2022

Consumer Internet Standard Form Contracts In India: A Proposal, Robert A. Hillman

National Law School of India Review

India's burgeoning Internet commerce sector has made consumers susceptible to standard-form contracts. Due to the slim likelihood of consumers reading the terms, vendors may often draft heavy-handed terms in the contracts, thereby adversely impacting consumer interests. The Indian legal framework in this regard is inadequate. This article evaluates the existing suggestions on standard-form contracts and argues that none of them safeguard consumer interests sufficiently. Instead, based on the American Law Institutes' Principles of the Law of Software Contracts, the article proposes a disclosure approach that would benefit the interests of Indian consumers engaged in commerce on the internet.

Go to article

Penal Code Defences: Lessons From Sri Lanka, Stanley Yeo Sep 2022

Penal Code Defences: Lessons From Sri Lanka, Stanley Yeo

National Law School of India Review

This article discusses a selection of cases from Sri Lanka that have dealt with certain defences under the Indian Penal Code. The defences that will be covered are private defence, consent and necessity, automatism and insanity, intoxication, provocation, and sudden fight. An analysis of cases sheds light on problems in these defence provisions. Practitioners and students of criminal law in India and elsewhere would benefit significantly from studying the solutions to these problems developed by the Sri Lankan courts. Where these solutions are inadequate, the author suggests alternative solutions including legislative reform.

Go to article

What Would An Ambedkarite Jurisprudence Look Like, Aravind Narain Sep 2022

What Would An Ambedkarite Jurisprudence Look Like, Aravind Narain

National Law School of India Review

Dr. Ambedkar is famously known as the father of the Indian Constitution. This article goes beyond this epithet and explores Ambedkar's jurisprudential contributions to Indian law. The article argues that Ambedkar saw the rules of caste as law and in the state's legal intervention to combat caste-based discrimination articulated the importance of both norm creation and having a procedure for enforcement-ideas that continue to influence law-making till date. Further, the article identifies "fraternity" and "constitutional morality" from the Ambedkarite corpus as key legal concepts, and stresses upon their relevance in finding solutions to problems that India faces today

Go to article

Property, Title And Debt In Sale Of Goods, M.G. Bridge Sep 2022

Property, Title And Debt In Sale Of Goods, M.G. Bridge

National Law School of India Review

Recently, the Supreme Court of the United Kingdom in The Res Cogitans held that a contract for bunker fuels that allowed for consumption prior to payment and contained a 'reservation of title' clause was not a contract of sale under the Sale of Goods Act. By creating a new category of sui generis supply contracts, the Supreme Court stripped away the various statutory protections associated with sale of goods rules. This decision is expected to have far-reaching consequences for commercial contracts. This article analyses the decision of the Supreme Court in light of these consequences. While the Indian Supreme Court …

Go to article

Liberalisation Of Indian Aviation Market: The Way Forward, Ramya Sankaran Sep 2022

Liberalisation Of Indian Aviation Market: The Way Forward, Ramya Sankaran

National Law School of India Review

The substantial ownership and effective control requirement in the civil aviation sector has witnessed significant changes in the recent past. This article examines the Indian Government's policies that seek to further liberalise such requirements. In this context, it seeks to answer whether the unilateral relaxation of nationality requirements by Indian regulators would be in the interests of the Indian aviation market. Furthermore, the paper considers possible alternatives to such unilateral relaxation of rules

Go to article

Intellectual Property Rights And The Public Domain In The New World Order, John Frow Sep 2022

Intellectual Property Rights And The Public Domain In The New World Order, John Frow

Indian Journal of Law and Technology

The proprietary system of intellectual property rights introduced by the TRIPS regime is premised on Western, neo-liberal notions of the nature of property. This article first highlights a number of recent changes in the global organisation of intellectual property rights. These changes indicate the international convergence of intellectual property law. The repercussions of the TRIPS regime on pharmaceuticals, agriculture, and genetic research are then examined. Finally, it stresses the importance of the idea of “common heritage” as a better way of thinking about the public domain.

Go to article

Patentability Under Trips: The Need For Uniformity, Donald S. Chisum Sep 2022

Patentability Under Trips: The Need For Uniformity, Donald S. Chisum

Indian Journal of Law and Technology

International intellectual property law has never been uncontroversial, and patent law in particular has been the subject of heated debate. The advent of TRIPS seems to have fuelled rather than ended these discussions, as arguments continue to rage on in developing countries about the subject-matter and patent term provisions of TRIPS and the ways in which developed countries have purportedly used TRIPS to impose their own laws on the world. However, such an approach misses the point of TRIPS altogether: the need for international harmonisation. By examining two recent examples from US case law, it becomes apparent that the developed …

Go to article

Access To Medicines, Paragraph 6 Of The Doha Declaration On Public Health, And Developing Countries In International Treaty Negotiations, Daya Shanker Sep 2022

Access To Medicines, Paragraph 6 Of The Doha Declaration On Public Health, And Developing Countries In International Treaty Negotiations, Daya Shanker

Indian Journal of Law and Technology

Paragraph 6 of the Doha Declaration on Public Health, dealing with access to medicines for countries lacking the manufacturing capacity for them, became an important issue because its solution on 30th August 2003 on the basis of the Note of the Chairman of the TRIPS Council was perceived as changing the basic features of the TRIPS Agreement. This was the subject of much debate, and a number of proposals from different countries were submitted either individually or collectively. However, the proposals from developing countries did not find their way into Paragraph 6, and the problem of developing countries not being …

Go to article

Evolution Of Copyright Law: The Indian Journey, Justice Prathiba M. Singh Sep 2022

Evolution Of Copyright Law: The Indian Journey, Justice Prathiba M. Singh

Indian Journal of Law and Technology

Out of all the forms of protection given to innovation and creation, copy- right law is the most versatile. This law encompasses recognition, protection and enforcement of rights for a very large variety of creative works including traditional forms of works such as books, articles, poetry, lyrics of songs, paintings, musical compositions, sculpture, architecture, script in a drama or a film, to modern forms of copyrighted works such as computer software, databases, compilations, broadcasts etc. Protection for copyright finds its justification in fair play. The law strikes a fine balance between the rights and interests of authors/owners of copyright and …

Go to article

Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath Sep 2022

Permanent Downloads And The Resale Of Digital Content: Another Exhausting Journey?, Aparajita Lath

Indian Journal of Law and Technology

The rise of digitally supplied content has created several ambiguities regarding the treatment of such content as goods or services. The shift in the medium of delivery from physical objects to digital formats has raised several questions in the realm of copyright law. The concepts of exhaustion and first sale, the interpretation of which in the Indian context is already arguably confused, now face additional uncertainties and ambiguities. This paper seeks to identify questions that arise in the field of copyright law due to the emergence of this new medium of delivery, such as whether the circulation of digital content …

Go to article

A Foreign Outlook On Satyam Infoway Ltd. V. Siffynet Solutions Pvt. Ltd., Cédric Manara Sep 2022

A Foreign Outlook On Satyam Infoway Ltd. V. Siffynet Solutions Pvt. Ltd., Cédric Manara

Indian Journal of Law and Technology

Even after ten years of domain name disputes all over the world, there have been very few rulings by supreme courts and all of them are recent. The scarcity of authoritative decisions regarding domain names means that the judgment of the Supreme Court of India in Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. is of significant interest.

Go to article

Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy Sep 2022

Intellectual Property And India’S Development Policy, Sudhir Krishnaswamy

Indian Journal of Law and Technology

As India wades into the 21st century, we are faced with a strategic choice about how we imagine and institutionalise new modes of regulation of access, control and production of information, knowledge and cultural resources. The rapid legislative activity on intellectual property, most recently the Patent (3rd Amendment) Act, 2005, has so radically shifted the goalposts of the debate that we are still to catch our breath! This essay is an exercise in deep breathing and careful reasoning to relieve us from our present breathless state.

Go to article

Voip: The Future Of Telephony Is Now… If Regulation Doesn’T Get In The Way, Burt A. Braverman Sep 2022

Voip: The Future Of Telephony Is Now… If Regulation Doesn’T Get In The Way, Burt A. Braverman

Indian Journal of Law and Technology

VoIP is an innovative new form of telephony that can dramatically enhance both the efficiency and functionality of telephone service to businesses and individuals around the globe. Regulators worldwide are now faced with the choice of whether to impose inapt, antiquated monopoly-based telecom regulations on VoIP or to exercise regulatory restraint and allow this dynamic communications medium to flourish. This article examines some of the technical aspects of VoIP, and considers why this new technology is rapidly gaining popularity in both industrialised and developing nations alike. The article also analyses the changes in the regulatory environment in the United States, …

Go to article

Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang Sep 2022

Copyright, Cultural Production And Open-Content Licensing, Lawrence Liang

Indian Journal of Law and Technology

This article seeks to introduce the complex world of open-content licences against the backdrop of the massive expansion of copyright in recent years and the increasing threat posed by copyright licences to the world of cultural production. The world of open content has been inspired by the free software movement and hence this article begins with an overview of the conceptual challenges posed to copyright by free software movement. It then moves into an analysis of the ways in which the terms of free software may be understood for the purposes of cultural production and what such a translation may …

Go to article

India’S Tryst With Trips: The Patents (Amendment) Act, 2005, Shamnad Basheer Sep 2022

India’S Tryst With Trips: The Patents (Amendment) Act, 2005, Shamnad Basheer

Indian Journal of Law and Technology

The Patents (Amendment) Act, 2005 introduces pharmaceutical product patents in India for the first time. This Act attempts to balance out competing interests of a variety of stakeholders, including domestic generic medicine producers, foreign multinational pharmaceutical companies and civil society groups concerned with access to medicines. Although this dexterous manoeuvring around competing interests deserves praise, the net result of such a compromise has been a lack of clarity in the law. While highlighting the key aspects of the 2005 amendments and this lack of clarity, this article also focuses on the vexed issue of the likely impact of the new …

Go to article

Technology, Law, Freedom And Development, Yochai Benkler Sep 2022

Technology, Law, Freedom And Development, Yochai Benkler

Indian Journal of Law and Technology

Technology interacts with social, economic and legal frameworks to set the basic ‘affordances’ and constraints of human action over time. While biotechnology and nanotechnology may portend significant upheavals in the future, the most significant present transformation revolves around computers and the emergence of the networked information economy. These new technological and economic conditions are creating new forms of production and new forms of social behaviour that are fundamentally altering the way we know the world, how we learn about how the world is and how we can make it become. It is important that we study this transformation and understand …

Go to article

First Prev Next Last