by IJLMH | Nov 22, 2020
Negligence and violations of fundamentals rights have taken many lives, which is more than any pandemic country has faced. The lessons we took from the Bhopal gas tragedy has become robust now, negligence on the part of the administration and the environment authorities has become more common. This paper deals with the changes our parliament has brought in the laws to minimise the chances of any other Bhopal gas tragedy incident. The Indian judiciary has also acted in the bona fide manner for providing every essential remedy to the sufferers. The court has attempted to make a balance between strict liability and absolute liability Justice PN Bhagwati has made clear statements on the strict liability and absolute ability. The incident which took place at the Vizag in Vishakhapatnam is an indication for the authorities to take all the necessary steps while setting up any chemical plant or otherwise. The reason is that human rights and fundamental rights of the citizens will always prevail over the money-making system of the administration.
Keywords: Vizag gas leak, Supreme Court of India, Bhopal gas tragedy, absolute liability, strict liability, etc.
by IJLMH | Nov 22, 2020
Surrogacy as concept is neither known much and nor practiced The draft bill of 2008 along with the ICMR(Indian Council of medical research) guidelines give the rules for functioning of the fertility clinics. The research paper seeks to evaluate the viability of the draft bill in the new developing industry of surrogacy with a slight reference to the upcoming bill (The surrogacy regulation bill, 2019). This doctrinal research involves the analyzing of fundamental laws regulating surrogacy and their impact on existing circumstances and various stakeholders. This research also lays slight emphasis on the pending bill which tends to regulate commercial surrogacy and to what extent this bill tries to control the strategic impediments existing till date. This study finally suggests that Legislation has to be brought in as soon as possible to solve the existing issues. Every care should be taken to eliminate the role of touts and brokers in surrogacy cases. Fertility clinics should also come under the Government scanner to have a check in respect of specific methods, used for fertilization, medication, pre-natal and post-natal care.
by IJLMH | Nov 17, 2020
Coffee is one of the world’s most popular beverages. According to a report by the World Intellectual Property Organisation, more than 3 million cups of coffee are consumed per day. Today, coffee is highly associated with several premium products, ranging from beverages to cosmetic products, thus coffee enjoys a somewhat elite connotation today, especially with the growth of premium coffee brands like Starbucks and McCafe. However, the situation is quite different on the other side of the chain, that is at the producer’s end. The intense competition and lack of differentiation between coffee farmers has caused severe competition between them, which has in turn resulted in low returns and poverse conditions for them.
This paper analyses the basic economic principles behind Intellectual Property Rights, and further examines the condition of the coffee industry, and how Intellectual Property can be used in the coffee industry. It explores the demand in the three sectors of coffee. The paper concludes that IP has a huge potential to enable gains in this industry.
Keywords: Intellectual Property, Coffee, Value Chain, First Wave, Second Wave, Third Wave.
by IJLMH | Nov 17, 2020
Patent Licensing has now become an emerging tool to use the technology which is not available in the country. That technology which has been protected by a foreign person in another country can now be used with some formalities only. A patent license is a license granted by the owner which is licensor to a person who wishes to use that license known as licensee. The granted license can also come with conditions of using it in certain parameters and within the limits provided. Patent licensing plays a great role in increasing the economy as well. Without any infringement the technology can be used and also the indigenous technology can be granted in the same way to another country which yields economic benefits like (i) where the license granted is exclusive in nature the licensee already has an advantage over its rivals (ii) the technology can be used directly without investing any money and time in it. There are also some rights and liabilities that are imposed on both licensor and licensee like there are additional charges which are to be decided by the parties, and any new release to be notified to the party also certain terms are included like how the renewal of license and no reverse engineering is to be done. This paper deals with the patent licensing agreement and the clauses covered under it which will be followed by the laws applicable, legal issues between licensor and licensee, and the use of the licensed property. It will further describe important terms and specific provisions related to the agreement and things that are necessary to be considered while drafting the agreement.
Keywords: additional charges, new release, renewal of license, reverse engineering.
by IJLMH | Nov 17, 2020
The beginning of 21st century has witnessed major shift in the power not only in terms of the political power but economic power. The Asian countries such as India and China are desperately trying to consolidate power in the new world order. China and India are emerging as superpowers owing to the boost in their GDPs and are thus, consolidating military power through economic power. The projection and manifestation of the military might in the light of the technological advancement in not restricted to land and sea and the super powers such as the United States, China and Russia are consistently trying to dominate the outer space by weaponising and militarising the outer space. In the backdrop of changing balance of political power in the new world order, the paper intends to study how far the States have progressed in the weaponisation and militarisation of space.
The paper argues that militarisation and weaponisation is the direct result of the desire of the State to consolidate power. The rivalry between the US and China has made India rethink its security calculus; more particularly in the wake of China conducting Anti Satellite (ASAT) Test whereas simultaneously China is trying to encroach upon the Indian territories. However, the unchecked and unregulated weaponisation and militarisation of space pose serious threat not only to the international peace as suspicion and mistrust amongst the States is increasing exponentially but also the critical civilian infrastructure such as communication, navigation, broadcasting which is dependent upon satellites in the outer space is also threatened. In the light of these developments, the paper argues that there is imminent need of regulations to prevent further weaponisation and militarisation of space.
Keywords: India, Space Laws, Militarisation, Weaponisation
