by IJLMH | Dec 30, 2018
This paper is dealing on the issue of Fluid marks under the Trademarks Act. It is talking about how the change in technology and emerging businesses in digital market have created a new kind of mark which is fluid marks and how big companies are using such marks to attract consumers and expand their business. Before the marks used to be static and it is granted protection by legislations across the world but with the advent of technology and internet today there are marks which are not static, they keeps on changing colours and have a moving object and in some cases it is not consistent it keeps on changing. These are known as fluid marks like Google doodle which doesn’t have any protection. This paper will deal with issues concerning fluid marks and marks which are operated online with respect to trademark. The paper will focus on Indian laws as well as international laws and examine laws of various countries with respect to this issue. Thereafter the paper will examine as to why these issues need attention and why there is a need for protection of such marks. This paper will try to analyse the issue by looking at various examples and cases which deals with fluid marks. Finally this paper will try to analyse and suggest some measures to tackle such issues. The issue which is addressed in this paper is that whether fluid marks require any protection under Trademarks act?
by IJLMH | Dec 30, 2018
Transnational Organized Crimes not merely have a bearing to the security of states, but also to that of its economy, given the large retail value of these crimes. Illicit Drug Trafficking, Terrorism, Money Laundering, smuggling, arms trade are not crimes independent of other crimes. They have a nexus and influence on one another as each is a means to the other. The proliferation these crimes has also been facilitated due to geopolitics and geography of the states, as can be seen in the case of India which requires more strengthening of border management to prevent these elements in taking advantage of the situation to facilitate these Transnational Organized Crimes. Furthermore, these crimes are not specific to one state though a particular state may be the leading market for the crimes. This paper addresses various Transnational Organized Crimes as an outline to expiate the menace of these threats to India, in particular and beyond the confines of geopolitics and geography, in general, as seen in the case of FATF (Financial Action Task Force) regulations, terrorism, money laundering and drug trafficking. The paper also attempts to understand the nexus between these various Transnational Organized Crimes concisely. Furthermore, the paper seeks to underline the recommendations to combat and regulate this menace of Transnational Organized Crimes.
by IJLMH | Dec 30, 2018
As civilization progressed, man started fighting against various diseases both internal and external. Along with earlier herbal or natural medicines, man searched for inventing more preventive and curative medicines. Development in science and technology has brought in more and more advancements in the field of medicine and treatment. The transplantation of human organs can be considered as one of the wonders of medical science. Initially organs were transferred from deceased persons, but gradually it became possible to donate organs from living beings. There started issues of organ trade, organ selling, commercialization of organs etc. The issues of medical professionals being engaged in these practices, the unethical practices of hospitals etc. started getting public attention. The Government of India enacted Transplantation of Human Organs Act 1994 for regulating organ transplantations in India. The Act was amended in 2011 and the rules came into force in 2014. Most of the state governments also issued orders regulating various aspects of organs transplantations in accordance with the legislations. The Constitution of India guarantees right to life under Art. 21 and the Supreme Court and various High Courts have held in many cases that Art 21 also includes righ to health. This article examines the various facets of organ transplantation in India, the reasons of organ trade, legislations for preventing organ selling etc.
by IJLMH | Dec 30, 2018
Presently, India does not have a clear legal framework to deal with cross border insolvency and the Ministry of Corporate Affairs plans to introduce draft chapter on cross border insolvency under the Insolvency & Bankruptcy Code, 2016 (IB Code) as it issued a public notice inviting suggestions and comments on the same. The chapter on cross border insolvency would be generally based on the United Nations Commission on International Trade Law Model Law on Cross Border Insolvency (the “UNCITRAL Model Law”) . On 16th November 2017, Government of India also appointed ‘Insolvency Law Committee ’ headed by Secretary of Ministry of Corporate Affairs (MCA) to give recommendations on adopting the Model Law in India.
This article will discuss the complexities of cross-border insolvency in the present Indian context, the article will further set out the broad principles of the UNCITRAL Model Law and implication of cross border insolvency provisions in India. This article will further try to define the effects, advantages, disadvantages, objective, implementation and application of the model law in the Indian context.
by IJLMH | Dec 30, 2018
Media is a very powerful tool in a democratic country like India. The positive role and use of the mass media is the strongest tool to maintain democracy. Our country had transformed itself from the Police State to Welfare State. Due to this transformation, the responsibility of the state has increased manifold. To work in such increased responsible manner it is required to make a lot of legislation either by the parliament or by the administrative authority. It is important to disseminate these laws to the general public for whose benefit it has been made. If the public is not aware of their rights and liabilities then the very essence of the law is lost. In such condition, the law becomes the toy in the hand of some people which is the more dangerous situation. Whatever progress the country has done, or what is the new area where our country should focus can be projected with the help of media only. The print media and social media help the society to demand justice. In the present era, it is evident that those social and legal matters aroused in the society in which the media has taken initiatives has got more legal support and reached to the conclusion soon than those which never got the attention of the media. The advertisement of the Right to Information Act has proved the usefulness of the media for the betterment of the administration as well as the country. The public has awakened and got the idea about their rights. In dealing with the government offices, the awareness of the general public works as a strong stimulant to fight corruption. There are certain persons and offices which are diminishing the image of the media in the society. These people and organisations are using the wrong ways to publish the fake news which spread rumours in the society. It has caused a quarrel between the groups in the society. Such fake news spread enmities, disturb the social structures of society. It needs to be curbed. It has been proved in times that the media the Fourth Pillar of the Democracy.
by IJLMH | Dec 30, 2018
John Rawls and Robert Nozick were both colleagues, however, despite their professional similarities, the theories that the two of them develop were contradictory to each other. Rawls had argued that a principle of justice that worked on two basic lexical principles of providing the basic liberties to all, and striving for achieving social equality, although not absolute equality, in a social contract setting, can accommodate the two principles together. However, Nozick put forth the argument that the coexistence of both of these abstract entities is not possible due to their incompatibility, and any attempt to achieve equality in society by means of distributive justice shall lead to the curtailment and limitations of the liberty of the people.
