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 Pandemic Is Widening a Corporate Productivity Gap

Abstract-

The topic evolves around the corporate productivity gap due to pandemic around the world many countries have seen the worst productivity gap in their corporate culture and some has seen the good result despite the Covid-19. Many companies who have developed the exact policy for their work from home culture and making their employee better and give them the work activities and other thing have done the good at making the productivity good scale but some cases who did not have taken care of the policy of the productivity of the work from structure or time management has phased the major issue of the productivity. My article will give you the right on this productivity gap of corporate in this pandemic.

Authored by Rohit Khosla, O.P.Jindal

The Social Security Measures and their relevance in Labour Legislations

Abstract-

Ancient Indian Literature ‘Manusmrithi’ mentioned about codes for the protection and safety of the people. The concept of Social Security was associated with the Hindu Joint Families which was the ‘Original Cell of Security’ and ‘First Line of Defence’ against any misfortune. Then in Vedic period ‘Guilds’ a group of merchants or artisans worked during calamities for the security of life and property. Organized Social Security Measures in statutory form are of recent origins a key factor in Industrial system to protect employees and their dependents against contingencies like disability, sickness, employment injury and unemployment. The Industrial Programmes based on the ideals of human dignity and social justice will relieve the anxiety of the poor labours through financial benefit and medical care. Social Security as a National Programme aims to reduce Social sufferings due to Poverty, Unemployment and Intensity of Diseases. The Schemes for Provident Fund, Medical Insurance, Maternity Benefit, Compensation and Gratuity are useful in India. The efficiency, extent of coverage, finding suitable policy and approaches to strengthen the delivery system according to priorities through planned justice for inclusive growth is the need of the day. This paper describes about the implications of various social security benefits provided to the labours in India.

Authored by Pooja Heda, KES Jayantilal H Patel Law College.

Rising Legal issues and Challenges for E-Contracts

Abstract-

Due to the development of the technology the usage of E- contracts was found to be high. But usage of such contracts without adequate legal framework will definitely lead to jeopardy and work counterproductive to the business. In India, The Indian Contract Act, 1872, The Information Technology Act, 2000 and The Indian Evidence Act, 1872 plays a vital role in determining the validity of the e-contracts. And the major issues on e – contracts arise pertaining to capacity to contract, free consent, applicability, authenticity and confidentiality. Though the Indian legal system adequately addresses the issues of such, the situation gets elevated day by day with the development of technology.

Authored by Jayasurian.B, Saveetha School of Law.

Insider Trading and The Unfair Trade Practices

Abstract-

Insider Trading is an Unfair Trade Practice which has caused quite a stir all over the world. Many public entities are deceived by a trader who deals with diverting information to gain illegal profits. This article talks about the laws enacted by the countries to deal with the situation and how the authorities are functioning with accordance to these laws.

Authored by Sharyu Rumde, School of Excellence, Mumbai University

The Thriving Dispute of Corporate Fraud and it’s Supremacy Over Other White-Collar Crimes

Abstract-

Corporate Fraud has always been side-lined by our society as the impact of it, is not understood by many. The media has always given more attention to blue-collar crimes as they hold the attention of people more than white collar crimes. Most of the people believe fraud to be a part of business and don’t realise the consequences which will affect them. Being unaware about such topics makes a person vulnerable to these crimes as unlike other crimes, corporate fraud can affect any number of people. The social and economic effects of Corporate Fraud is immeasurable as the number of people affected is enormous. Fraud has been present in our world since time immemorial, even with proper laws corporate fraud has not shown any intention of slowing down. It has quickly spread its wings aggressively affecting our global economy. The influential people are mostly behind these frauds which makes it difficult to detect it or find any evidence relating to it. Hence there is often no conviction in these cases. The prevention of these frauds in the earlier stages is of utmost importance to make sure the company is safe from fraudulent activity. Corporate Fraud is a very serious issue and it should be treated as such before it becomes a norm for employees or executives to participate in unethical ways to gain more money. Some of the cases of Corporate Fraud such as Enron scandal or the Saradha group scam are good examples to understand the seriousness of this crime. This article briefly explains the effect of corporate fraud in our world economy with the help of some well-known corporate frauds which have previously done some serious damage to the respective country’s economy which in turn affected the economy globally.

Authored by A. Keerthikah, SOL, Mumbai University

How Illegal Business Practice is Anonymously Justified by Legal Means

Abstract-

This article studies about “ Flag of Convenience and its repercussion on seafarers”, following that this article will include brief introduction with historical view of it , how its convenience are very much inconvenience for labor or common people and for welfare of state . Its impact on seafarer and what are the laws for the preventions, proponent and consequences of the process with a clear conclusion .

Authored by Shristi Singh, Amity University.

A Global Perspective on Product Liability

Abstract:

Product Liability is an emerging law which deals with protecting the rights of consumers. Many times, manufacturers or suppliers sell a defective product which ends up harming a consumer, this field of law makes sure that such harm caused doesn’t go unnoticed and a consumer is compensated for the loss caused to him. Under this law, the sellers are held liable for providing such faulty products/services. This article focuses on the global perspective of product liability by studying the laws enacted by different countries and their applicability to the affected parties.

Authored by Sharyu Rumde, School of Law, University of Mumbai.

Indian Maritime Law

Abstract:

India has a long history of dealing with the sea and has a distinct tradition of many years of trade and commerce within and beyond its territorial borders. The history of the Indian Ocean dates back to the 3rd millennium BC when many ships sailed from India to and from India. Therefore, although there is no codified law as it exists today, customs and regulations relating to the sea and maritime activities have existed since ancient times. This article analyses Maritime Law in India and the law on ship arrests, including the jurisdiction of ship arrests in India, permissible arguments, and procedural issues. Prior to independence, maritime law in India was governed by the British Government. Coastal Vessels Act, 1838, Inland Steam Vessels Act, 1917, Admiralty Crimes (Colonial) Act, 1849, Indian Registration of Ships Act, 1841, Indian Ports Act, 1908, Shipping Control Act, 1947 with various aspects of the sea in India.

Authored by Rupa Paul, Amity University, Kolkata.

Demerger Regulations in India

Abstract:

“Demerger” can be defined as the division or division of a company into multiple companies. New, transferable companies do not have to be parental corporations that have been split or disbanded. The New Oxford Dictionary defines “demerger” as “to divide a large company into two or more entities.”Justice NV Balasubramanam noted that the Dismissal Scheme is a corporate partnership in two or more areas, thus retaining some of it and transferring the rest to the company or companies to which it has led. It is a business plan. The term ‘demerger’ is not defined in the Companies Act, 1956.

Authored by Rupa Paul, Amity University, Kolkata.