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Articles 2701 - 2730 of 14807
Full-Text Articles in Law
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 …
Zero Rating As The Demon And The Saviour: Rethinking Net Neutrality And Freedom Of Expression For The Global South, Smarika Kumar
Zero Rating As The Demon And The Saviour: Rethinking Net Neutrality And Freedom Of Expression For The Global South, Smarika Kumar
Indian Journal of Law and Technology
Zero-rated mobile applications like Internet. org have been characterised both as a supposed exterminator of the digital divide and as a violation of net neutrality in developing countries like India. This serves to illustrate how net neutrality and bridging digital divide have been posited as goals in contradiction to each other. How this seeming contradiction is relevant to developing a more nuanced understanding of the freedom of speech and expression and of net neutrality is the subject of the present paper. Accordingly, the paper is divided into three broad sections: I begin by analysing how far different conceptions of freedom …
Trai Tariff Orders – Effect On Broadcasting Sector, Ameet B. Naik
Trai Tariff Orders – Effect On Broadcasting Sector, Ameet B. Naik
Indian Journal of Law and Technology
Tony Benn, the veteran British Labour politician, as the then Minister of Technology in 1968, made the statement in the context of journalism. However, in the current Indian current scenario, the quote measures true with respect to the entire broadcasting sector, with Telecom Regulatory Authority of India (TRAI) scampering to regulate the third largest broadcasting market in the world.2 The article deals with the impact of the TRAI Tariff Orders passed from time to time to regulate the broadcasting sector. The author acknowledges TRAI’s competence to fixing tariff, as has been judicially held,3 but questions the extent to which the …
It’S All About Principle: How Patent Trolling, Over Broad Patents, Evergreening, And Patent Shelving Represent A Departure From The Patent Clause And How To Return To The Principle Of The Patent Clause, Morgan L. Stringer
Indian Journal of Law and Technology
This article explores differing patent abuses that reflect how current patent law has swung drastically away from the Patent Clause of the U.S. Constitution. The purpose of the Patent Clause is to ensure that inventors are given a limited monopoly in order to encourage innovation, or to “progress the useful arts and sciences.” There are many forms of patent abuse, but this article will explore patent trolls, overbroad patents, evergreening, and patent shelving as forms of patent abuse that reflect a departure from the Constitutional principle of progress in patent law. Each of these patent abuses hinders progress, so according …
A Legal-Comparison Of The India Software Law And The Software Law Of Germany, Thomas E. Soebbing
A Legal-Comparison Of The India Software Law And The Software Law Of Germany, Thomas E. Soebbing
Indian Journal of Law and Technology
India has emerged as one of the leading destinations for offshore outsourcing in the software industry and has attracted the attention of software industries of several countries including Germany. In order to sustain this outsourcing relationship, the legal frameworks of these countries play a very important role. In this article, the author conducts a comparative analysis of Indian and German laws that impact the software industry, mainly dealing with three fields: first, Copyright Law impacting the protection of intellectual rights over software; second, Contract Law specifically dealing with software contracts and nature of such transactions and, finally, the remedies available …
The Central Monitoring System And Privacy: Analysing What We Know So Far, Jaideep Reddy
The Central Monitoring System And Privacy: Analysing What We Know So Far, Jaideep Reddy
Indian Journal of Law and Technology
State-run surveillance is as old as the ages, but the wired state of our lives has put it in the spotlight more now than perhaps ever before. Our communication and data can often be veritable repositories of all that we are, and many governments today have the technological means to give them relatively easy access to most of our private data. Civil society around the world has therefore naturally expressed concern over the increasing scope of State surveillance. The Central Monitoring System (hereafter, “CMS”) is a new technology for State surveillance in India, and is in the nascent stages of …
Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor
Of Bollywood Songs, Film Producers And Collecting Societies: Locating The Rights Of The Composers, Poorna Mysoor
Indian Journal of Law and Technology
Bollywood films are known for their songs, and in many cases Bollywood films are known because of the songs. It is not merely in Bollywood films that songs have a significant role, but also in the lives of myriad composers, lyricists, singers and so on, lending an opportunity for their creative expression in addition to serving as a means of livelihood. Ideally, it should be possible for composers to be able to earn an income by composing music for films, as well as by being a member of a collecting society in such a way as to maximize their returns. …
The Data Exclusivity Debate In India: Time For A Rethink?, Prashant Reddy T.
The Data Exclusivity Debate In India: Time For A Rethink?, Prashant Reddy T.
Indian Journal of Law and Technology
Data exclusivity or regulatory marketing exclusivity is a concept that has been subject to much debate in the Indian context – with specific reference to the Indian pharmaceutical and agro-chemical industries. This debate has been carried on in the backdrop of obligations under the TRIPS as well as the Indo-EU Free Trade Agreement. In this paper, the author discusses the concept of data exclusivity in the light of the existing regulatory regime for pharmaceuticals and agro-chemicals in India. He also examines various Committee reports to glean the Indian stance on data exclusivity for agro-chemicals as well as pharmaceuticals and the …
Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar
Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar
Indian Journal of Law and Technology
Concomitant with the proliferation of cybercrime in India has been the use of Internet Protocol (IP) addresses by law enforcement agencies to track down criminals. While useful in many situations, the potential for misuse of this information raises important concerns for the privacy of individuals online. This note reviews the statutory mechanisms regulating the retention and disclosure of IP addresses by internet companies in India. It identifies and analyses the four broad sources to which the regime of IP Address disclosure by Internet Service Providers (ISP) may be traced: under the (i) operating licenses issued under the Telegrah Act, 1885, …
Book Review: “Overlapping Intellectual Property Rights” By Neil Wilkof And Shamnad Basheer (Eds.), V. Lakshmi Kumaran
Book Review: “Overlapping Intellectual Property Rights” By Neil Wilkof And Shamnad Basheer (Eds.), V. Lakshmi Kumaran
Indian Journal of Law and Technology
No abstract provided.
Renewable Energy And The Wto: The Limits Of Government Intervention, James J. Nedumpara
Renewable Energy And The Wto: The Limits Of Government Intervention, James J. Nedumpara
Indian Journal of Law and Technology
This paper examines the role of the government in designing and supporting renewable energy programs and the compatibility of such interventions with various covered agreements of the World Trade Organisation (‘WTO’). The WTO treaty does not provide a special framework for renewable energy and a number of programs are susceptible to WTO challenges and domestic trade contingency measures. Of particular interest to developing countries such as India will be the availability of necessary policy space in fostering various renewable energy programs. This paper discusses the current treaty provisions of the WTO, especially the Agreement on Subsidies and Countervailing Measures (‘SCM …
Should The Law Beat A Retweet? Rationalising Liability Standards For Sharing Of Digital, Nandan Kamath
Should The Law Beat A Retweet? Rationalising Liability Standards For Sharing Of Digital, Nandan Kamath
Indian Journal of Law and Technology
The emergence of social media has raised new and interesting questions concerning the regulation of free speech. One such question is the legal treatment of the sharing of third party digital content. Using the example of a ‘retweet’, this article highlights the urgent need to establish clearer liability standards for those sharing, repeating or endorsing illegal or infringing content. It attempts to propose a clear, principle-based approach that lifts the cloud of uncertainty creating a chilling effect on speech. This act of retweeting is sought to be analysed against various legal frameworks including defamation, copyright infringement and public order. It …
Give Me My Space And Take Down His, Ananth Padmanabhan
Give Me My Space And Take Down His, Ananth Padmanabhan
Indian Journal of Law and Technology
The Copyright (Amendment) Act, 2012 has introduced fair use provisions to exempt intermediaries from liability in certain specific situations and provides them an opportunity to take down infringing content when brought to their notice. Lawmakers in India have certainly taken a positive step forward, and the above provisions on a plain reading, seem to protect and nurture a file-sharing business model that offers immense possibilities for the future, even at this nascent stage. However, the judicial response to this Parliamentary intent is a matter of serious concern, considering the recent pronouncements of the Delhi High Court in the Myspace case …
Is The National Pharmaceutical Policy, 2012 Really Cheering The Pharma?, Dipika Jain
Is The National Pharmaceutical Policy, 2012 Really Cheering The Pharma?, Dipika Jain
Indian Journal of Law and Technology
The National Pharmaceutical Policy was approved by the Cabinet and notified in 2012. Based on this policy, a new Drugs Price Control Order was notified in May, 2013. As a result, several drugs will come within the ambit of price control under the National list of Essential Medicines (NLEM). The primary purpose of NLEM is to facilitate the rational use of medicines which will allow for cost effective, safe and drugs with efficacy. This paper critically evaluates the provision on exclusion of patented drugs in the recent National Pharmaceutical Policy, 2012 from the Drug Pricing Policy for five years. The …
Book Review: Indian Patent Law And Practice, Kaylan C. Kankanala, Arun K. Narasani And Vinita Radhakrishnan (Oup, 2010), Feroz Al Khader
Book Review: Indian Patent Law And Practice, Kaylan C. Kankanala, Arun K. Narasani And Vinita Radhakrishnan (Oup, 2010), Feroz Al Khader
Indian Journal of Law and Technology
No abstract provided.
New Crimes Under The Information Technology (Amendment) Act, Amlan Mohanty
New Crimes Under The Information Technology (Amendment) Act, Amlan Mohanty
Indian Journal of Law and Technology
This paper delineates the legislative response to cyber crime in India with an analysis of the Information Technology (Amendment) Act, 2008 focussing on the new crimes introduced by the amendment, on the touchstone of cyber crime legislative standards across jurisdictions. Thus, a brief look at the jurisprudential basis for criminalisation of cyberspace activities has been undertaken, following which, the new crimes have been examined section-wise. The paper uses the theoretical framework set out in the first section to probe the various problems that the Amendment Act poses in light of bad drafting and lack of understanding in the area.
Rethinking Online Intermediary Liability: In Search Of The 'Baby Bear' Approach, Gavin Sutter
Rethinking Online Intermediary Liability: In Search Of The 'Baby Bear' Approach, Gavin Sutter
Indian Journal of Law and Technology
This paper examines various national approaches to the regulation of online content. Its particular focus is on the treatment and liability of the intermediary service provider in the context of data provided by third parties. It does this through a survey of the issues involved in the provision of unacceptable content, basing on this even its assessment of why the intermediary should have an appropriate role in the first place. It then moves on to how content can be regulated at this point. The argument this paper makes is that a case-specific approach offers probably the optimum solution; being not …
Bias In Search Results?: Diagnosis And Response, Benjamin Endelman
Bias In Search Results?: Diagnosis And Response, Benjamin Endelman
Indian Journal of Law and Technology
The author explores allegations of search engine bias, including understanding a search engine’s incentives to bias results, identifying possible forms of bias, and evaluating methods of verifying whether bias in fact occurs. He then considers possible legal and policy responses, and assesses search engines’ likely defences. He concludes that regulatory intervention is justified in light of the importance of search engines in referring users to all manner of other sites, and in light of striking market concentration among search engines.
Limitations And Exceptions In The Digital Era, William Patry
Limitations And Exceptions In The Digital Era, William Patry
Indian Journal of Law and Technology
Ideological polarization has hijacked copyright debates, drowning out the question: how do we get our copyright laws to do what we want them to do? The term “limitations and exceptions” assumes that the ability to control all unauthorized uses is the norm. This special comment asserts that private rights should never trump public interest, and that our copyright laws must reflect this principle. Copyright law must be grounded in current technological and market conditions in order to accomplish its lofty objectives. Even as changes wrought by digital technology are at the core of most debates over copyright, there is a …
Book Review: Cyber Laws, Justice Yatindra Singh (Universal Law Publishing Co., 2010), Prof. Ashwani Kumar Bansal
Book Review: Cyber Laws, Justice Yatindra Singh (Universal Law Publishing Co., 2010), Prof. Ashwani Kumar Bansal
Indian Journal of Law and Technology
The book is a comprehensive guide to the various legal issues which have arisen as a result of the unprecedented growth of the internet. It covers both academic and practical information regarding technology-related issues and the underlying legal principles which have been applied in these areas. Part I of the book has 146 pages of commentary and Part II contains relevant Acts, rules, notifications, circulars, etc. in 276 pages. The book provides an overview of the cyber law scenario in India. The material is well researched and clearly described in thirteen concise chapters.
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 …
Policy-Making, Technology And Privacy In India, Subhajit Basu
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 …
Jurisdictional Issues In Cyberspace, Justice S. Muralidhar
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.
Balancing Online Privacy In India, Apar Gupta
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, …
Fake Facts: An Incredulous Look At Piracy Statistics In India, Prashant Iyengar
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, …
The Melting Of Patent Law, Eben Moglen
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.
The Fundamental Problem Of Regulating Technology, Hon. Justice Michael Kirby Ac Cmg
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 …
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.
Saving The Internet, Jonathan Zittrain
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.
Data Protection Efforts In India: Blind Leading The Blind?, Latha R Nair
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.