by IJLMH | Jun 10, 2019
With the fast technological advances of the computer and the Internet, multimedia information is winding up progressively boundless. Individuals of all foundations can make, adjust and appropriate multimedia information around the globe. Multimedia has basically introduced another time of correspondence and data stream, which has significantly affected society. Creators have more chances to make content, explicitly in the multimedia position. Furthermore, the licensed innovation law assumes a key job in securing the estimation of multimedia works. Be that as it may, in actuality, it is difficult for the legitimate framework to adapt to changes in regards to the organization and substance of multimedia works. In this paper we address the idea of multimedia, the job of copyright, and the advancements that can be utilized to secure the copyrights of multimedia work. We additionally examine current issues on multimedia copyrights on the Web and present our recommendations to multimedia copyright assurance on the Web.
by IJLMH | Jun 7, 2019
Fashion is one of the industries which is leading the style and progress among all age groups in the world, whereas the technology and designs are concerned, they are made up with damn hard work and it needs a protection. Development in the time line of relationship between Intellectual Property Rights and the Fashion Industry is a flexible on going one amid the advancements in the other sectors which help to promote the Fashion across the globe. Enormous economic growth and revenue generated shows that this industry needs a hardcore protection of it’s techniques and methods used to generate such a huge amount of fund to sustain, which is only possible when the Designs and Patents are to get designers their absolute rights. These are used to grab attention of its target audience helping the fashion industry to sustain and keep on evolving. Considering the present scenario, it is debatable whether or not fashion designs should get copyright protections or not. The reason being fast fashion, meaning low end designers copy high end designs and produce what we call as “first copy” is the market, which not only infringes the rights of the designer but also hampers the goodwill and the target of the person concerned. So, overally, IP is a primer which fortifies the innovative artistic creations of mind on graphical forms. Although, the degree and gravity of safeguarding is different in US, Europe and India which shows that the initial point was in France, Europe and was followed up by USA and India. The methodology used to create and protect the levels of fashion is too widely described as per the three regions which will show the global distinction and variance.
by IJLMH | May 24, 2019
The present paper discusses in details the historical background and inception of Foreign Banks in India and also the evolution of the Regulatory Framework of Foreign in India. The development of Regulatory Framework of Foreign Banks in India could be broadly divided into 3 Phases. The paper discusses in great detail about the Banking Reforms in India and also how Reserve Bank of India regulates the entry and functioning of Foreign Banks in India. The paper also elaborates about the modes of existence of Foreign Banks in India and the procedure for opening and operating of Foreign Banks in a particular mode in India. The Paper discusses what are the reasons for limited presence of Foreign Banks in India and what factors are discouraging Foreign Banks from entering Indian Banking Sector. The Paper also discuss the regulatory compliance which Foreign Banks have to comply for operating in India and also how emergence of Foreign Bank has led to improvised customer services, competitive efficiency, provided cheaper banking services and better banking products in India.
by IJLMH | May 21, 2019
The new era of recognition of mental-illness of prisoners has commenced with this judgment. With the Supreme Court allowing commutation of Death sentence to Life imprisonment of convicts suffering from mental-illness under exceptional circumstances. Seventeen years before the cognizance of court in this matter, the petitioner has suffered long incarceration as a death row convict, which resulted severe mental-illness such Schizophrenia or Some type of Psychosis. The judgment further issued guidelines to be followed in future cases. In addition to the immediate effect this judgment might have, it future holds interesting outcome of similar cases. Moreover in a country like India where 1 in 4 people suffer from mental health issues, the apex court does directly convey it’s message regarding the importance of mental health and illnesses. Usually criminals are seen as cruel and a threat to society, however they’re humans at the end of the day who found themselves in unfortunate circumstances and couldn’t think beyond the temptation of the moment. It doesn’t call for life Time of cruelty. And in our staunch opinion, it is not unfair to victims as the person convicted is given what he deserves, death comes to all regardless of their activities and post conviction mental illnesses are due to several factors being afraid of death is just one of them Criminals are without a doubt threat to society, they’re harmful, but their activities do not exclude their families. A person who is already suffering for his deeds should not pay more for problems caused by circumstances. Even when their capital punishment is reversed, mental illnesses like schizophrenia, depression, PTSD last a lifetime if not treated well. Even with proper therapy the results cannot be guaranteed. Lastly The right to dignity of an accused does not dry out with the judges ink, rather it subsists well beyond the prison gates and operates until last breath. This classic judgment upholds right to dignified life, which is corner stone of our constitution.
by IJLMH | May 21, 2019
Since the beginning of the 1990s, there had a global boom in environmental law. Environmental Jurisprudence has developed to a considerable extent since then. The Supreme Court had suggested the institution of environmental courts in a number of judgments. The National Green Tribunal was brought into existence on the 18th of October in the year 2010.It was meant to be a specialized body to deal with matters which were multi-disciplinary in character. At present, the tribunals have developed into mechanisms that have surpassed their initial defects. This paper seeks to analyse the formation of the National Green Tribunal as well as the jurisprudence and reforms it has brought to light since its inception. This paper will cover the analysis of several orders passed by the tribunal and also delve into the limitations which have restricted the objective of the Tribunal. There are currently over twelve hundred environmental courts worldwide concentrated on resolving environmental matters. Good governance and enforcement are essential to achieving the 2030 Agenda for Sustainable Development and India too has taken a step forward towards the same.
by IJLMH | May 21, 2019
Judicial review is the power of the courts of a country to scrutinize the actions of the legislative, executive, and administrative arms of the government and to find out whether such actions are constant with the constitution. Activities judged inconsistent are stated unconstitutional and, therefore, null and void. The organization of judicial review in this sense depends upon the presence of a written constitution. The usage of the term judicial review could be more accurately described as “constitutional review,” because there also exists a long practice of judicial review of the actions of administrative actions that require neither that courts have the power to declare those actions unconstitutional nor that the country have a written constitution. Such “administrative review” assesses the purportedly questionable actions of administrators against standards of reasonableness and abuse of decision. When Judges confronted administrative actions to be irrational or to involve abuses of discretion, those actions are declared null and void, as are actions that are judged erratic with constitutional necessities when courts exercise judicial review in the conventional or constitutional sense. Whether or not a court has the power to declare the acts of governing agencies unconstitutional, it can achieve the same effect by exercising “indirect” judicial review. In such cases the court articulates that a confronted rule or action could not have been envisioned by the legislature because it is inconsistent with some other laws or established legal principles. This paper basically deals with the question that whether there can be Judicial Review on the power of the President under Article 72 of the Constitution of India or to put it in other words whether the Pardoning power of the President of India can be subjected to Judicial Review or not.
