National and International Protection of Trade Secret

Abstract This research article contains an introduction to ‘Trade secret as an Intellectual Property’, primarily focused on principles of TRIPS and relevant laws related to trade secret in USA, UK, China and Japan. The paper also Includes Trade Secret Licensing, Factors, restrictions and validity along with Non-Disclosure/ confidentiality agreement. So basically the effort is to draw a comparison between available measures to deal with trade secret issues in India and other countries

Intellectual Property Rights: A Thorough Study Of Industrial Design

Industrial plan is a course of configuration applied to actual items that are to be made by large scale manufacturing. It is the inventive demonstration of deciding and characterizing an item's structure and provisions, which happens ahead of the assembling or creation of the item. Conversely, fabricate comprises simply of rehashed, frequently mechanized, replication, while make based plan is a cycle or approach where the type of the item is controlled by the item's maker to a great extent simultaneous with the demonstration of its creation. Industrial Design (ID) is the skilled act of planning items, Gadgets, Articles and Administrations utilized by a great many individuals all throughout the Planet Consistently. Industrial planners ordinarily center around the actual appearance, usefulness and manufacturability of an item, however they are frequently engaged with undeniably really during an Improvement Cycle. All of this eventually stretches out to the generally enduring worth and experience an item or administration accommodates end-clients. Each item that you communicate with consistently in your home, office, everyday life setting is the aftereffect of a plan cycle. During this interaction, horde choices are made by an industrial planner (and their group) that are pointed toward working on your life through the first-rate plan

Misuse Of Public Interest Litigation: A Critical Study As How It Is A Major Threat To Judiciary

Regardless of how much advancement PILs have brought to the Indian Judicial framework, we can't unseen the other side of the coin at any expense as PILs are being mishandled a great deal these days alongside its broad and manhandled use. They have brought different traps and downsides as well. Thusly, to keep away from such instances of maltreatment of the PILs, the high court itself set out a definite rule that will be utilized to administer the administration and removal of the PILs. Numerous PIL activists in India have been utilizing the PILs as a helpful apparatus for pestering the legal framework. Since recording PILs is a modest cycle, numerous unimportant cases are being documented with no speculation of heavy court charges which one would typically pay for common prosecution cases. Subsequently, by recording such cases, bargains are haggled to get cash for the said bothered party to get the PILs. The basic clarification for such cases is that any weapon that can be utilized to safeguard oneself can likewise be utilized to assault somebody. Utilizing a similar rationale, one can bring down the Locus Standi prerequisites which license the inspired gatherings to record PILs which could address a public interest matter

Mob Lynching: Socio-legal Morality

Now a day’s mob lynching is becoming huge problem in our society, ‘social clashes and intolerance are the triggers to fire,’ ‘bullet of such lynching.’ In this research paper backdrop and categories of mob lynching discussed along with its effect and statutory provisions in India. Reasons, suggestions and solutions are the main focus of this research paper

Marital Rape Legislation– An Emerging Need, Indian Prospective

Sexual ferocity is defined as the action of divulging somebody to a sensual conduct without one’s accord. It comprises of a large range of behaviours from touching to raping. The mainstream of the sufferers are women. Rape is the act of having erotic intercourse with an individual without consent. The notion of marital rape has been unnoticed for years because of the philosophy that endorses men have the right to treat their spouses as they desire and the wife must provide her man with all his requirements. These days with the variations and progress in the notion of marriage, the upsurge in the consciousness of the society and the understanding of the idea of violence against women; it has been understood that sensual intercourse should be equally desired by both parties of the married couple. Or else it should be well-thought-out as sexual assault.The aim of the research paper is to review the medical, social and legal aspects of marital rape, to present the existing situation about marital rape in India, also to discuss how it could be barred

Jurisdiction Issue in Cyberspace and International Principals

This paper tried to emphasis on the most crucial issue in cybercrime, which is jurisdiction. Exponential growth of cybercrime is a big problem for any developed or developing nation these days but the most problematic area is there jurisdiction. This research paper is an ex-post facto research and based on various theories and judgments take in international platform related to jurisdictional Issue. Recently in the case of Kulbhushan Jadhav, this issue was raised in international corridor that weather Pakistan got jurisdiction to heard and decide this case or not. In this case International court of justice hold the decision of the Pakistan Supreme Court. This paper is not concern about Kulbhushan case but only focusing on the fundamentals which work behind the jurisdictional issues in cyberspace. This paper is the attempt of an outcome to gauge the scope of state and international Jurisdiction in cyber space

Formulation And Implementation Of National Laws On The Basis Of International Law - Case Study Of Environment Protection Laws

International Laws impact the formulation and implementation of National and Local Laws. The world woke to the negative impact of industrialization on the environment by the middle of the 20th century. But it took nearly half a century for the whole world to agree to Kyoto Protocol, 1998, and promulgate legislation for environmental protection at the national and local levels. As per the Indian Constitution, environmental protection is envisaged in Art 21 (Fundamental Right) and Art 48(A) (Directive Principle), and India made several Laws and Acts for environmental protection but it was only by 1997 that a National Environment Authority Act was passed to enforce the laws effectively. It was in 2002 that Biological Diversity Protection Act was passed. Various courts have passed laws from time to time in line with International Laws and commitments of the country to international forums for making such laws effective. Several principles have been devised to interpret such laws and enforce them. However, some problems still continue in such cases. This paper traces the evolution of National Laws and Acts for Environment Protection in India, and impact of International Laws and Protocols in the same

National Judicial Commission In India: The New Challenge

Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amend any new statute and empowered to Supreme Court to check the constitutional validity of particular act/statute. For much of its history the Indian judiciary has been regarded as largely fair and incorruptible. No action was taken on the bill but the system of Supreme Court appointments that it envisaged was mandated three years later by the Supreme Court itself. In Supreme Court Advocates-on-Record Association vs. Union of India (1993 (4) SCC. 441) the Court ruled that the Constitution’s provision that the President appoint Supreme Court judges in ‘‘consultation with such Judges of the Supreme Courts...as the President may deem necessary” (Article 124(2)) meant that the advice of the Supreme Court judges was binding upon the President. It also resolved that the judges involved in this ‘consultation’ would be the Chief Justice of India and the two judges next in seniority. This decision was upheld in 1998 in the Third Judges case, only slightly modified to involve the Chief Justice of India and the four judges – rather than two – next in seniority as well as all Supreme Court judges from the candidate’s High Court. The Supreme Court of India and the High Court’s set the standard for judicial conduct and competence in the country. It is vital that we create a National Judicial Commission, combining input from the elected branches of government and the judiciary, to appoint and over see the judges of the Supreme Court and High Court

International Law and COVID-19 Pandemic: An Analytical Study

The world is witnessing COVID-19 pandemic. The current crisis has several repercussions, across society. There have been strong restrictions imposed by various countries: from general health advisories to quarantines and isolations, to curbing the trans-border movement of people. In a few countries, an emergency has been declared and the government has assumed exceptional powers. Under such circumstances, it is pertinent to look into the issues like obligations, authority, and procedures for dealing with such situations under International Law. Have the current governments in all countries complied with it? What role has International Law played through its institutions especially the role of the World Health Organization (WHO). WHO has come under severe criticism from various countries for its ineffective and seemingly biased role so far in dealing with the pandemic. It needs to be seen that under International Law what best WHO could have done. The International Health Regulations (IMR) is the legal instrument for laying the rules in a pandemic. How has the IMR been adopted by various governments, needs to be evaluated. The paper attempts to address these questions and then evaluates them against other regimes under International Law like human rights, peace and security law, and the law of finance. The paper concludes by answering these queries based on current empirical data and descriptive research analysis

Legal Status of Third Gender in India with Special Reference to Kanpur Division

Liberty, equality, and fraternity, which have been provided by the Constitution to the people of India, are the main goals of social, economic, and political justice. The main purpose of 'justice' is to establish harmony between individual interests and social interests.1 Despite this, there is a section of society that was forced to be deprived of the right to equality due to its unclear gender and sexual identity, but on 15 April The “NALSA Verdict” given by the Supreme Court in 2014 was a landmark judgment for the status of the third gender community and for giving them a clear identity. All the fundamental rights given under the Indian Constitution apply equally to the third gender and provides a clear identity to the third gender community. Through this research paper, along with the legal status of the third gender, the social status has to be observed