by IJLMH | May 16, 2020
Brands constitute a very important part of trade and business in the current world. It is the symbolic representation of the quality, source and ingredients of the products. In the current scenario, with rise in globalization, people are more inclined towards high end luxury brands and fashion industry is one of the most demanded one across the world. The brands associated with high end fashion clothing and accessories influence the minds and choice of consumers to this extent that they are ready to purchase it at any cost and sometimes even ready to buy a substitute of lower quality of similar brand, just to have the pride of possessing a luxury brand. This is where the scope of counterfeiting develops and the competitors resort to unfair competition by free riding on the reputation of famous brands and deceiving consumers. Counterfeiters target luxury brands due to their reputation in the market and the consumer trust associated with it. Selling counterfeits of these famous brands become easier by deceiving consumers. Counterfeiting in fashion industry in many cases is injurious to health and interest of the consumers. Use of cheap quality of cosmetics, perfumes or clothing can severely damage skin and cause huge losses to both the consumers and the brand owners apart from increasing scope of organized criminal activities associated with counterfeiting. Such activities are most commonly seen in developing industries due to the consumer demand and also due to weak regulatory mechanism which facilitates the counterfeiters in many ways. Whether high end fashion brands are really affected by such activities or there is a need for strong enforcement of anti counterfeiting law is a matter of concern.
Keywords: Counterfeiting, luxury brands, deception, fashion industry, trademarks, consumers
by IJLMH | May 16, 2020
The reminiscent memories of our childhood may remind some of us of monkeys dancing to the beat of the drums or a snake being enchanted by the tunes of a snake charmer, growing up, however, the reality seems contradictory, distraught and disappointing. From wearing their skin on our wrists, their furs on our back and immuring them into cages the truth of human brutality towards these voices less creatures remains beyond our grasps.
In order to vocalise these silent majority this article critically analysis various animal welfare legislation in India. Unfortunately, the growth of animal laws is stunted in India. This field of law is considered less important, more emotional and poor pragmatic approach is taken while responding to the suffering of animals.
Although, there exist a number of animal welfare laws yet, there is a need to recognise and understand the difference between animal welfare and animals’ rights. Where Animal welfare works towards minimizing an animal’s suffering, Animal rights are the inherent rights of animals, much like human rights are inherent rights by the virtue of being a human.
The question that still remains unanswered is whether these rescue attempts are truly saving or protecting a population of animals that are “strictly” protected under various animal laws in India? In the end, the aim of any legislation should not be mere sustainability but a better quality of life.
by IJLMH | May 16, 2020
Beer has always been more than just a drink. It has been an important drink in social settings, a medium over which people tend to bond together and share important moments with their friends, family, colleagues or even with a large crowd at a festival or a concert. With this importance that beer holds in social settings comes the important niche that beer brands have created for themselves as a part of the national culture and identity of a particular place. Although, beer started off as the go to drink for socializing, the beer market has seen a changing trend over the past few years. Consumers are increasingly moving towards premium liquor like cocktails or wine and there is another set of people who are lowering their alcohol consumption to move towards alcohol free or low alcohol options. Also, within the beer category, the regular beer customer is moving away from traditional lager beer and is moving towards craft and premium beer. This puts immense pressure on regular mainstream brewing companies like Carlsberg and has forced them to change their strategy in ways which prevents them from becoming obsolete in this emerging beer market which is more demanding than ever.
by IJLMH | May 16, 2020
Substance abuse refers to the harmful or hazardous use of psychoactive substances, including alcohol and illicit drugs. The drug problem has posed a serious threat to public health and to the safety and well‐being of humanity – particularly children, young people and their families. The abuse of alcohol and illicit and prescription drugs continues to be a major health problem internationally. In order to control the growing problem of substance abuse, governments around the world have taken punitive measures. Not only countries at individual level but the United Nations itself has held various conferences to discuss the issue at length and recommended multiple measures to deal with the problem. The judicial system in various countries has also acted proactively towards the betterment of society.
Through this paper an attempt has been made to understand the existing issue of substance abuse, analyze the persisting situation in the country and recommend punitive measures that can be taken to deal with the situation.
by IJLMH | May 16, 2020
Any society is based on its cultures, as these are the stepping stones, and warfare comprises of a very important content of the culture of any society. Prior to the 19th century there were no set of rules governing the battleground, as every civilisation moved as per there cultural ethics. But, later a set of governing rules and regulations originated which have now taken the form of International Humanitarian Law.
Time and again it is argued that, where lies the inception of the International Humanitarian Law? The law didn’t get framed in a day but it went through a crucial procedure of court battles, that lead to the evolution of ‘Human Right’ methodology.
The Indian society went through a huge process of renovation that lead to the amendment of certain of its customs and acceptance of the global ideologies. Several times Indian courts had the opportunity to build a nexus between the constitution of India and International Humanitarian Laws, but the judgements given, lacked the view, as the courts were unable to harmoniously construe the two mechanisms.
International Humanitarian Law was met with open arms by both Judiciary and Legislature of India, but still a full-fledged application seems like a distant dream.
by IJLMH | May 15, 2020
Parliamentary privileges refer to legal immunity enjoyed by certain members of the legislative houses of particular countries. These privileges provide immunity in the form of protection from civil and criminal acts. These acts include statements made and actions done by these members in the course of their legislative duties. They have also been defined under Article 105 of the Indian Constitution. This research work talks about the types of parliamentary privileges and their relation with freedom of speech and judicial review. Parliamentary privileges and Freedom of Speech go hand-in-hand. Article 105 of the Constitution of India deals with the powers, privileges and immunities of the Houses of Parliament, their members and committees. This article guarantees freedom of speech to every member in Parliament. Further, it also grants these members immunity from proceedings in any court of law in respect of anything said or any vote given by him/her in Parliament or in any of its committees. Are these privileges subject to judicial review? Judicial review refers to the power of the judiciary to interpret the Constitution and declare any law enacted or order passed by the state as void, if the court thinks it to be unconstitutional. Parliamentary privileges and judicial review place the legislature and the judiciary face-to-face. On one hand, the Parliament claims absolute sovereignty when it comes to its privileges, and on the other hand the Judiciary does not accept any kind of restraint on its judicial review power. This has led to numerous conflicts between the two highest organs of the State. Emphasis has also been laid on whether parliamentary sovereignty is immune from judicial review citing the examples of India and the United Kingdom. This research work aims to display how these three broad terms complement each other in the modern context.
