by IJLMH | Apr 27, 2020
Biopiracy is playing a crucial role in the maintenance of biodiversity as biopiracy is a complex issue which consensus in the international community. The growing expansion of technology was pushed by developed countries to protect their technological knowledge and culminated in the adoption of minimum standards for patent law in the WTO TRIP’S Agreement. Efforts of the much weaker developing nations to address negative effects if IPR’S on developing countries and their biodiversity have been much less effective. The growing concern for the disappearance has resulted in adopting various legal instruments such as Convention on Biological Diversity, TRIP’S, Nagoya protocol, WTO, and so, but a mandatory disclosure could be used to monitor compliance with the CBD and remedy biopiracy .In this article a legal perspective has been gone through for an effective remedy to biopiracy from database genetic resources, traditional knowledge and private agreements.
Keywords: Biopiracy, Biodiversity, Intellectual Property, Biological Diversity Law, India and Biopiracy
by IJLMH | Oct 28, 2019
“Electronic-Commerce “means buying or selling of goods and services over an electronic or a digital network. The digital revolution has provided access to a large variety of products at competitive prices and India has also been a significant part of this digital revolution. In recent years India is witnessing consistent growth in the E-Commerce market. With large increasing digital literacy and mobile use across India, the Indian e-commerce sector has seen a boom which no industry has ever witnessed. Electronic commerce technologies have changed the structure and environment of business worldwide. E commerce is gaining popularity over traditional commerce because it offers versatility and advantages of business and customers.
For an E commerce merchant world’s online population is its potential market. It creates boundary less virtual market place without any geographical limitations. The e-commerce growth has not only affected the businesses by giving a virtual space for selling products online and create more avenues for revenue but also led to the creation of a number of job opportunities and eased out lives of modern day consumers. This paper deals with privacy and protection issues of E commerce. The government of India enacted Information and Technology Act in year 2000 to give legal recognition to digital records, digital signature and other electronic transaction. This paper explains the laws governing Ecommerce in India and what are the drawbacks in these laws while providing some suggestions for the same.
Keywords: India, protection, legal, privacy, intellectual property.
by IJLMH | Dec 30, 2018
Introduction: The Intellectual Property law in India has undergone an unfathomable change over the past decade. However, innovation, technological advances and the commercial gains which could be derived from such rights have led to the problem of increased litigations such as patent trolls. ‘Patent troll’ is a negative term used to describe an entity that enforces its patents against one or more alleged infringers in a manner that is considered unduly aggressive or opportunistic. Patent Trolls usually have no intention to manufacture or market the patented invention and their sole purpose is to make some quick money through cease and desist orders and Patents infringement litigations.
Purpose: This is a crucial area of research as patent trolls take advantage of the prevalent loopholes in the patent law system in various ways such as drawing huge settlement compensation from companies that cannot afford the cost and resources of litigation; they deter innovative companies from investing in research and development through the threat of litigation; and they do not practice the patents they hold, thus contributing no innovation in the advancement of technology and immunizing themselves from countersuit. In addition, trolls exhibit anticompetitive behaviour.
Methodology: The authors have used secondary sources to understand the prevalent patent law system and the best practices of various countries in order to draw a parallelism for the identification of solutions for the same.
Value: This Paper provides a survey of the modern patent landscape, addressing certain areas of the patent system that patent trolls are able to use to their advantage. This Paper then advocates that various concerned agencies play a more integral role in curbing anticompetitive troll behaviour and proposes several methods of patent reform.
