by IJLMH | Dec 23, 2020
Every man who puts in his effort, skill, labour, and capital would want to protect it as its own contribution, and sometimes an author of the work would also like to be known for his work. especially, in case of literary, dramatic, musical, artistic work including cinematograph film and sound recording. The author is given protection for his work under the Copyright Act but is subject to an exception called” Fair dealing”. the main objective behind this exception called “Fair dealing “is for the public benefit. Fair dealing ensures that the copyrighted work is protected, and at the same time, the public gets benefit by providing the new upgraded talent and information to the researchers, students, etc. However, this exception is called Fair dealing in India and Australia, whereas in the united states, it is known as Fair use. This article focuses on the exceptions to copyright infringement in India, Australia, and the United States. The article mainly highlights the factors that need to be considered while determining the use to be fair. This paper also deals with the provisions of the doctrine of fair use and fair dealing in the Indian, Australian and united states copyright act.
Keywords: Fair, Infringement, Copyright, Factors
by IJLMH | Dec 23, 2020
This article verifies the Migrant workers’ present status in India and looks back into the evolution and the very idea behind migrant labour. Initially, the concept of migrant workers seemed to be beneficial, but later there had been certain repercussions. The article focuses on such consequences faced by the workers, the work conditions under which the migrant workers are made to work, and their facilities. The basic idea behind writing this article is to bring out the issues and challenges faced by the migrant labourers and to what extent the idea of economic growth has become fruitful by adopting the concept of migrant labour. In the later part of the article, the researcher states about the laws under which the fundamental rights and Human Rights of the Migrant are protected, i.e., its practical implications. Em-phasis is put on the upliftment of women migrant labourers, the work conditions they are put to, the discrepancy in the wage rate, the nature of work, and the hygiene facility provided to women migrant workers. In this paper, the researcher also highlights the condition of the migrant workers’ children, where mostly it is witnessed that they are brought up in a misera-ble condition and are deprived of various facilities. The paper discusses the status of Migrant workers before the Covid-19 pandemic and the hurdles faced by them in terms of wages, working conditions, nature of work, and various financial and medical crisis the workers had to go through post the outbreak of the pandemic.
Keywords: Migrant Workers, Fundamental Rights, Human Rights, Covid-19 Pandemic.
by IJLMH | Dec 22, 2020
The covid-19 virus has severely hit the global economy including trade. To curb its spread, world economies haphazardly implemented nationwide lockdowns which ultimately lead to a dramatic decrease in supply and an enormous upward shock in demand for “pandemic-special goods”. The virus gave rise to an atmosphere of panic, fear, and uncertainty and prompted nations to hoard goods like medical equipment and supplies on a wide scale and started putting in place various export prohibitions and restrictions which shook the foundations of world trade. Export Bans have serious consequences, especially for poor countries who are rendered incapable of securing essential products handy in combating the virus for their people. Examining the current WTO and GATT laws, unilateral imposition of trade restrictions by a country is within the ambit of such laws. However, what is disturbing is the lack of cooperation in the international community and disregard for import-reliant countries while introducing such restrictions. This paper aims to highlight how export restrictions negatively impact global trade and the economy. It would also discuss the inadequacy and loopholes of international trade laws to address a pandemic like situation and additionally, how the WTO and international community can avoid such a scenario in the future.
by IJLMH | Dec 22, 2020
India is a diverse country not only based on territory but also based on religions and cultural groups. Our Indian Constitution provides secularism in its Preamble and Implementation of a Uniform Civil Code under the Directive Principles. One aims to protect freedom of professing and practicing any religion and the other aims to safeguard the right of equality and the basic norm of justice. There has been a dispute on these matters and rights since the inception of the Indian Constitution. The lawmakers aimed to protect every right by successful codification of all the laws. After the codification of Hindu Laws, the disputes arose and a need of codification of the laws of minority communities was sought to be achieved. Interpretation tools give a complete understanding of the provision, its applicability and viability in a particular legal system.
The research paper aims to analyse the need of a Uniform Civil Code by using the rules of interpretation, legal maxims, and external aids. The researcher has also aimed to determine the scope of a UCC and its chances of being implemented. It is next to impossible to implement a Uniform code keeping in mind the religions and their interests. Thus, a mid-way of making changes ‘within the religion’ is sought to be achieved.
Keywords: Religions, Communities, Personal Laws, Diversity, Secularism, Uniform Civil Code, Constitution, Preamble.
by IJLMH | Dec 22, 2020
Derivatives markets generally are an integral part of capital markets in developed as well as in emerging market economies. These instruments assist business growth by disseminating effective price signals concerning exchange rates, indices and reference rates or other assets and thereby render both cash and derivatives markets more efficient. These instruments also offer protection from possible adverse market movements and can be used to manage or offset exposures by hedging or shifting risks particularly during periods of volatility thereby reducing costs. By allowing for the transfer of unwanted risk, derivatives can promote more efficient allocation of capital across the economy, increasing productivity in the economy. The paper describes the types, evolution ranging from L.C. Gupta, Securities and Regulation Act, Foreign Exchange Management Act regulations, Security and Exchange Board of India guidelines to the ones under the Reserve Bank of India. It also gives a critical analysis of how the Over the Counter system is different from the other centralized models globally. Based on the practices prescribed by the International Organisation of Securities Commissions, the Indian and international systems are evaluated on market efficiency and integrity, consumer protection or fairness of regulation and finally on financial integrity regulations. Moreover the policy issues with the Indian system, recent developments in this area along with suitable recommendations have been provided for the way forward.
by IJLMH | Dec 20, 2020
The article focuses upon the right of patent. It talks about brief history and emergence of the legislations related to patents in India. It also focuses upon the objective behind the patent laws. The article inquires the legitimacy of rights and compares its application in different countries through WIPO & Patent Cooperation Treaty. Patent not being an absolute right, has some criteria for the patentability of the product or process which is also discussed in the article. For clarity in the subject, special reference is given to the important cases through which India realized more about its traditional knowledge and intellectual property.
Keywords: Intellectual Property, patent, product, process.
