EMERGING TRENDS IN DIGITAL COPYRIGHT LAW

ABSTRACT:

The ubiquity of the Internet as an excellent and entirely modern intermediary in an all-inclusive human contact worldwide has been a huge problem for the copyright works of lawyers and others. The Internet and computer networks allow more and more individuals to engage in the building of common knowledge, thereby weakening attempts to promote the creators of intellectual property. The Internet allows the almost simultaneous replication of original quality and the global diffusion of copyrighted works at light speed. The above-mentioned intriguing aspect of Internet appears as the most important copying machine in the world. The puzzling and contradictory essence of the digital dilemma is related to the dichotomy between the notion of “information wants to be free” and the apprehension of more recorded information access in the digital setting. This article shall investigate and discuss objectively unindustrialized copyright-protecting problems in the digital world, the emerging trends in this digital copyright law against the aforementioned backdrop.

Authored by Rama Gandhi, NMIMS School Of Law.

An Overview On Patent Rights And Action To Be Taken On Patent Infringement

Abstract:

Infringement of a patent means infringement of the exclusive rights granted by the patent. Under Section 48 of the Patents Act, 1970 the patentee has the exclusive right to prevent any third party, without his consent, from making, using, offering for sale, selling, or importing for those purposes the patented product; or in case of a process patent, the exclusive rights to prevent any third party from using that process and from using, offering for sale, selling, or importing the product obtained directly by the patented process.
In India, the duration of each patent is 20 years from the date of filing the patent application, irrespective of whether it is filed with provisional or full specification. However, in the case of requests submitted under the Patent Cooperative Treaty (PCT), the 20-year period begins from the international filing day.
Patent can be qualified only if all three criteria are fulfilled respectively i.e. of Novelty, Inventive Step and being Capable of Industrial application, failure of any of the three will result in the patent as unqualified and thus, the application for the same will be rejected.

Authored by Preeti Selvam, Mumbai University

The Role Of IP In Sports In India

Abstract:

Commercialization of Sports is one of the most promising areas which have added to individual gains and contributed to the economic growth of the country. Today Intellectual Property Rights are used as marketing tools toward the branding of games and connected events, sports clubs, teams, celebrity status which all in turn require protection to prevent any complications that may arise in future. In the sports industry, a sequence of title has relevance in sports agreements which incorporate the legal release of the talent of the sportsman, in order that their work, images, personality rights, etc., can be used by another for profit. This article examines the role of IP in sports.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad

Rohingya Crisis

Abstract:

A military crackdown against the Rohingya ethnic group has driven many people from their homes in Myanmar. Rohingya people have faced systematic discrimination over decades, statelessness and targeted violence in Rakhine state, Rohingya people faced many violent attacks. Women and small girls were gang-raped and men were brutally attacked. Most of the people who escaped were severally traumatized after witnessing unspeakable atrocities. Such maltreatment has forced Rohingya women, girls, boys, and men went to go to Bangladesh for many years following violent attacks in 1978, 1991-1992, and again in 2016. Those people who moved from Myanmar have found a temporary shelter in Cox’s bazaar which is now the World’s largest refugee camp.

Authored by Alagappan. N, School of law, SASTRA Deemed University

Rethinking the role of Intellectual Property in Corona crisis

Abstract:

India’s reputation because the ‘pharmacy of the arena’, which changed into stated by using the Supreme Court in Novartis vs UOI in 2013, is affirmed once more. Back in 2001, throughout the HIV/AIDS outbreak, the price of treatment for AIDS become an not possible $10,000 per patient for one year, which turned into decreased to $400 via Indian pharmaceutical groups. By providing at 4% of the original fee, to Africa, tens of millions of lives had been stored. India maintains to manufacture and supply priced medicines and diagnostic kits matching worldwide standards for malaria, tuberculosis, HIV, hepatitis B and C, dengue, chikungunya, SARS, H1N1 and so forth.The novel coronavirus outbreak is a crisis that the sector has no longer witnessed for a century. Diseases want prevention, diagnostic, control, and healing mechanisms.

Authored by Nandini Tripathy, Symbiosis Law School, Hyderabad