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Nanotech Patentability Issues in India
The world of nanotechnology opened its eyes to the world in 1959, when Caltech physicist Richard Feynman painted a vision of the future of science. In a talk titled “There’s Plenty of Room at the Bottom,” Feynman hypothesized that atoms and molecules could be manipulated like building blocks.[i] The first “proof-of-principle” that atoms could be […] -
Growth of A Digital First Sale Doctrine – An Assessment of US and Indian Laws
With the entire world moving towards digitization of information, the scope and applicability of different principles encompassed within copyright law have come into question. One such principle is that of Copyright Exhaustion, also referred to as the First Sale Doctrine in the US. In the light of the ReDigi case decided in 2012, the possible […] -
Necrophilia; is it an Offence?
“She killed herself because she was a victim of sexual abuse. But even in death, her body was not spared. Her soul must be, somewhere, crying out in pain. We live in a society that turns a deaf ear to women who are abused everyday, can we then, hear the cries of the women who […] -
Violation of Net Neutrality in India: analyzing the mistaken nemesis of the free speech
ABSTRACT The agencies like Nasscom and various campaigns, driving the vox populi in India, have shaped a perception that violation of net neutrality unavoidably infringes the right to free speech. Using the examples of net neutrality (violations), the present paper argues that this approach is fallacious. The intricate relation between the two would have to […] -
Marital Rape in India – A Socio–Legal Critique
ABSTRACT Rape is one of the most heinous offences that has been traumatizing and debilitating the virtues of morality and justice worldwide. Rape is not just limited to the parameters of forced sexual activity but it also affects the emotional, societal, mental and physical harmony of the victim. In a country like India where sexual […] -
Right to Information Act – A Tool for Good Governance
“RTI is the most fundamental law this country has seen from the local panchayat to parliament, from a nondescript village to posh Delhi, and from ration shops to the 2G scam” -Aruna Roy ABSTRACT Participation, transparency, legitimacy and responsiveness form the pillars of good governance. The concept of good governance was applied in India through the […] -
The Need for Restorative Justice Approach to Sexual Offences in India
ABSTRACT Sexual offences have now become a commonplace in India. Punishment is the society’s customary response to a crime. It neither is beneficial to the victim nor has any deterrent effect. The criminal justice system which is expected to deliver a sense of justice has failed in its current response to satisfy the large majority […] -
Liability in Louboutins: Fashion Law as an Emerging Discipline
Introduction The emergence of fashion law as a discipline to reckon with, has, in the recent times, taken the legal world by storm. Also known as the law of luxury good and first systematized in 2004, with the publication of “Droit Du Luxe” by Annabelle Gauberti[i], which is widely regarded as the cornerstone of fashion […] -
No Easy Way – Net Neutrality and Ott Players
Introduction When Tim Wu coined the term “Net Neutrality” in 2003, he probably did not envisage that the concept one day would assume an importance of gargantuan proportions, and capture the world’s attention at large.[i] Since the FCC mooted the idea of reversing its stand on net neutrality on 23 April 2014,[ii] the discussions around […]