by IJLMH | Apr 27, 2020
The researcher in the present project aims to analyze the present position on the access to medicine after the introduction of product patent regime in TRIPS agreement, an outcome of globalization, especially in context with the situation in developing and least developed countries. The provisions of TRIPS agreement had changed the whole intellectual property regime by setting the minimum standards of IPR protection. Under the TRIPS agreement, it introduced the product patent regime which grants the monopoly right to the holder of IPR on the product itself which significantly affected and raised the price of medicines in the pharmaceutical industry. It created a big obstacle for the accessibility of medicine in developing and least developed countries. Although various flexibilities are mentioned under TRIPS agreement which can be used in case of non-working of patent or non-availability or accessibility of patented product in the market but there are still many developing and least developed countries which don’t have access to essential medicines. Also, under Doha Declaration it obligates the member countries to take measures to ensure public health but the situation is still not pleasant in most of the developing and least developed countries. Some of these flexibilities are Compulsory licensing under Article 31, Article 31bis of TRIPS absorbed under Section 84-92A of the Patents Act, 1970 of India and Principle of Exhaustion under Article 6 of TRIPS allowing for parallel importation of medicines in case of regional and international exhaustion.
Under the light of the above discussion the researcher will study the implications of the issue of access to medicine and imparting of justice to not only the patent holder but also to the general public not having access to it despite of the entire world being a global village because of which transfer of knowhow and medicines from one jurisdiction to other has become immensely smooth and easy. The researcher will also try to propose how harmoniously a balance can be adopted to resolve this issue thus ensuring justice to all the stakeholders.
Key terms – Patent, Access to medicine, TRIPS.
by IJLMH | Apr 27, 2020
The administration of criminal justice remained generally unsatisfactory from the point of view of the victims of crime. The basic object of the Criminal Justice is to protect the society against crime and to punish the offender. However, Criminal Justice System does not show equal concern to the victims of crime, who have suffered loss or injury. It is flaw of our criminal law jurisprudence that victims of crime and the distress of their dependents of the victim do not attract the attention of law. In fact, the victim compensation is still the vanishing point of our criminal law. The remedies currently available under the law are limited, fragmented, uncoordinated and reactive. This is the lacunae in the system, which must be remedied by the legislature.
The present paper attempts to examine and evaluate the law governing victim compensation in India and the criminal justice system. The paper also accentuates the need for inclusive law to provide assistance to crime victims.
Key words- Victim, Compensation, Crime.
by IJLMH | Apr 26, 2020
In this paper, the author is focusing on the new stance taken by the government on water conservation and critically analysing the role of Jal Shakti Ministry. While doing so the author outlines the history of water conservation and related bodies, authorities and ministries in our country. In doing so, the reader would be able to understand the vast history of such ministries in our country and how we reached to the point of the Jal Shakti Ministry. The reader would be able to see how the objectives and ways to tackle problems related to water have evolved over the years. The author would deal with issues regarding the functions, plans and vision of the ministry alongside the new dimension which has been given to issues related to water conservation. The authors would analyse how effective the change in approach has been, the issues which are left unanswered. While doing so, the author would point out the flaws in the Ministry and why they can prove to be an impediment to the ministry being able to achieve its goals.
Keywords: Water Conservation, Jal Shakti Ministry, Historical Evolution.
by IJLMH | Apr 26, 2020
The Land of Goa has a uniqueness envied by many. One of its most endearing features, its uniform civil code has received praise both from academicians as well as the judiciary. However, the various provisions of the Civil Code remain a mystery for most people, be it academicians or legal fraternity in the rest of the country.
The Supreme Court in a plethora of judgments has called upon the legislature to enact a uniform civil code for the country. The Constitution also exhorts the State to enact a uniform civil code for its citizens. This provision is however a directive principle of state policy and as such it is not perceived as mandatory thereby justifying the State inaction.
The tiny State of Goa has an unparallel opportunity to lead by example and fill this lacuna. The Research Paper summarizes the law of divorce applicable to all Goans irrespective of religion or domicile.
The Research Paper incorporates legislative provisions as well as judicial precedents. It is an attempt to present, clarify and analyze the law.
by IJLMH | Apr 26, 2020
In this technological era, though man-made many things which are highly compatible in all aspects for human life, conversely today’s scenario is completely reversed. The fast ever roaming lives of human beings have been clogged. Everyone is fighting with an invisible, unseen and hidden enemy (Biological Agents) from their four walls under lock down. Such Biological agents are organisms or toxins that can kill or incapacitate people, livestock and crops. A biological attack is the deliberate release of germs or other biological substances that can make human beings into severe ill health conditions. A biological attack may or may not be immediately obvious. In most cases local health care workers will report a pattern of unusual illness or there will be a wave of sick people seeking emergency medical attention. After the Second World War, in this technological era completely the entire world is being terrorised by this biological agent and has a severe impact on political, social, economic, religious and cultural rights of human individuals. This paper aims to examine bioterrorism and its impact on the society and to identify international law governing bioterrorism and provide suitable remedies.
by IJLMH | Apr 26, 2020
The main objective of the industrialization program is to raise the stand of living of the people. This means industrialization to be sound at a balance development of agriculture and manufacturing industry. The industries are classified in to two categories 1) Resource based industries, are started around the location of the available natural resources like agro based, forest product, livestock products (fish, marine, poultry and leather, mineral products) 2) Demand based industries are those industries which can be developed in any place or region like metal and metallurgical, chemical and allied industries, textile products, electrical and electronic products and miscellaneous Andhra Pradesh is a state in the south-east region of India, bordering Telengana in the north, Tamilnadu in the south, Karnataka in the west and Odissa to the north east. Hyderabad is used to be the capital of Andhra Pradesh till state bifurcation of Telengana in the year 2014. Now, Amaravathi is the new formed capital of Andhra Pradesh, the population of the state in 2011 is 4.93 crores. With a geographical area of 1,60,205 sq kms. During the period of last five decades before the bifurcation of the state the performance of large and medium scale industries mainly resource based (cement industries) has grown impressively. Further demand based industries (textile, cotton, chemical and fertilizers industries) turned out as important industries in our state
Keywords: Growth and Structure, Resource Based Industry, Demand Based Industry and Large and Medium Scale Industry
