by IJLMH | Oct 30, 2018
This paper discusses the relevant provisions of the Indian statute, highlighting the protection offered to Well-Known Trade Mark’s proprietors from passing off and infringement of well-known trademarks. It provides for what acts constitute passing off and infringement of well-known trademarks, what are the remedies available, who can sue and be sued and the defenses available in case of well-known trademark violation. The paper also discusses the factors to be considered in case of passing off and infringement action along with different judicial pronouncements given by Indian Courts.
by IJLMH | Oct 29, 2018
The prominent English legal scholar Salmond has properly seen that law looks to direct the lead of people in the society. It is in this manner, the consequence of advancement and improvement of the general public. The advancement of law can be truly followed back from the birthplace of common society. With the steady advancement of society, individuals began living and cooperating, framing bunches which in the end prompted the arrangement of the State. There was requirement for controlling the direct of people bury se; along these lines, State shaped the tenets of administration which later came to known as “law”.
Hence, improvement of law is a procedure which proceeded with the progressions and headway in the societal conditions. Law is for the most part made to address the issues of the general public and subsequently, it is a dynamic idea which experiences changes with the changing needs of the general public. The advanced innovative development has empowered human culture to succeed and advance and yet has offered ascend to new issues which were up to this point not known to humankind and digital criminally is one such hazy area which rose just a couple of decades back. The colossal advancement made by PC innovation amid the last quarter of the twentieth century has now made it workable for the general population to outwardly visit, send messages, and transmit data and direct business with a man in any piece of the world through web. The PC as an inventive component has expanded our ability to store, look, recover and impart information as additionally availability to data which has made it workable for us to speak with any individual, anyplace, whenever on the planet.
by IJLMH | Oct 29, 2018
‘Transgenders’ are referred as individuals of any age or sex whose appearance, personal traits, or behaviours dissent from stereotypes. Their identity or behavior falls outside the purview of stereotypical gender norms. In this manner, it can be derived that it is community generated. The Constitution of India mandates right to equality as a fundamental right and any form of discrimination is considered as an anti thesis of the same. The Constitution also ensures right to privacy and personal dignity. In spite of the constitutional affirmation of fundamental rights and equality in all spheres, it is to be noted that the third gender continues to be ostracized. Different facets of such deprival refers to infringement of right to marry, right to claim an identity, right to education, employment, and so on. This leads to their seclusion from the very fabric of civilized society and are subjected to many forms of harassment. Major scenario of discrimination faced by the community is in the matter of employment. This paper explores the different facets of discrimination faced by the transgender community in India.
