Author: PRASANNASRI26092001

The Concept of Originality under the Copyright Law

Author – Aashi Jain, Student at National Law University and Judicial Academy

BEST CITATION – Aashi Jain, The Concept of Originality under the Copyright Law, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 751-755, ISSN – 2583-2344.

Abstract

Originality in works protected by copyright is a requirement of every copyright regime in existence. The definition of “original” as it is generally understood is “new” or “not done before.” There has been more than one ideology that has attempted to define “originality,” but there isn’t a clear-cut, universal definition of the term and hence various doctrines have been introduced. The researcher in this article tries to talk about the concept of originality and its application in different jurisdictions. However, the researcher also believes that while giving copyright the standard set for originality should not be way too high so that it becomes difficult to get the right nor shall it be too low so that anyone by making a few modifications qualify for the copyright protection as this will only lead to the less qualified works. Hence, it is utterly important that a balance between the two is done so as to maintain decorum.

Keywords: Copyright, producer, original, doctrine, creative

CHALLENGES OF COMMERCIAL ELECTRONIC ARBITRATION IN E-COMMERCE

Author – UMA NARAYANAN, ASSISTANT PROFESSOR at PRESIDENCY UNIVERSITY

BEST CITATION – UMA NARAYANAN, CHALLENGES OF COMMERCIAL ELECTRONIC ARBITRATION IN E-COMMERCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 743-750, ISSN – 2583-2344.

ABSTRACT

This paper talks about E-Commercial Arbitration and how online dispute resolution methods and in the world of E-commerce today that people purchase things it plays a very important role. This paper also talks about how the consumer should be aware of the facts regarding the process and his rights and remedies. E-Commercial contracts have become a major part in everyone’s life or just say it is unavoidable as the public today prefer to purchase majority through online and do their shopping online as it is very easy and home delivery is also provided. The services provided by such e-commerce chains are also subject to certain terms and conditions. The e-commerce may not always have a proper jurisdiction as the supply place and the recipient place may not be the same and basically both parties wouldn’t like to travel for such disputes. In all this case the online arbitration plays a great role and also it is easier, less time consuming and keeps in mind interest of both the parties while making an award. The submission of evidences is also easier in such cases. Online Dispute Resolution has become a important part of the ADR system in today’s fast pace of life.Keywords: Online arbitration, virtual arbitration, electronic means of communication, New York Convention of 1958, UNCITRAL Model Law on International Commercial Arbitration, seat of arbitration, agreement in writing

NARCOANALYSIS: CONNECTING SCIENCE WITH CRIMINAL JUSTICE

Author – Khusbu Priyadarshinee, Student at National Law University, Odisha

BEST CITATION – Khusbu Priyadarshinee, NARCO ANALYSIS: CONNECTING SCIENCE WITH CRIMINAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 737-743, ISSN – 2583-2344.

ABSTRACT

Criminal justice system in India is conventional but criminals today are evolving, so we need to reconfigure the entire system. There needs to be incorporation of both science and the law, i.e., addition of scientific evidence to aid in the efficient administration of justice. The system of justice has become increasingly dependent on medical science to administer justice, yet it is still debatable to what extent this medical information should be considered admissible. An effort in this article to show so that this kind of evidence can be used for effective administration of justice. With the recent Shraddha Walker Murder Case, where the accused named Aftab Poonawala has murdered his live-in-partner and the court has ordered for the narcoanalysis test, the debate as to whether the usage of such procedures in investigation lead to violation of fundamental rights of the accused has surfaced again. This Article states the position of Narcoanalysis in India starting with its origin, the procedure, and its legality under the Indian Evidence Act. It also discusses about its admissibility as scientific evidence in Court with help of cases where such procedure has aided in investigation.

THE LIAISON BETWEEN DARK WEB AND HUMAN TRAFFICKING

Author – BUSAM PUSHYAMI, Student at Sastra Deemed University

BEST CITATION – BUSAM PUSHYAMI, THE LIAISON BETWEEN DARK WEB AND HUMAN TRAFFICKING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 730-736, ISSN – 2583-2344.

ABSTRACT

The world is sunk into the sea called advancement in technology. Unknown things are easy to understand but known things are difficult to understand. The dark web is a website that is unknown but which is easy to access and understand. It is considered to be the starting point where the person without expressing the true identity commits the crime by using technology. It is nothing but some illegal activity which is punishable under law and against the public. Human trafficking is one among the crimes. It came to the knowledge of the people in recent times. The reason is the advancement in accessing the information and relating it to the real or present conditions. There is a big chain of linkage between the dark web and human trafficking. Our paper establishes the relationship between dark web and human trafficking. The crime rate can be decreased to some extent and we will suggest some solutions not to prevent but to reduce it.

Critical Analysis of Maternity Benefit Act, 1961

Author – Anirudh Bhati, Student at Bennett University

BEST CITATION – Anirudh Bhati, Critical Analysis of Maternity Benefit Act, 1961, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 723-729, ISSN – 2583-2344.

Abstract

This paper provides the analysis of the Maternity benefit Act, 1961 which provides for the various benefits to be received by woman employees during course of her pregnancy. This act aim to curb the problem of lesser participation of woman in workplace because of her pregnancy and promote the motherhood by providing health care and nourishment which infant child requires during initial age. Another aim is to provide her the protection against the loss of job and to have source of income during the period when is enable to work it makes the woman independent. The paper also discusses the amendment made in Maternity benefit Act in 2017 which made significant changes to provide better benefits to woman and encourage women in employment. The most significant change is maternity leave increased form 12 weeks to 26 weeks The purpose behind increasing the number of leave is provide woman sufficient time to recover and spent time in child care. This paper also provide the critical analysis of the Maternity benefit Act  such as for placing the full financial burden on the employer. Additionally, it says nothing regarding nursing breaks’ time, accessibility, or regularity. In this paper I have also discussed the various judicial interpretation and decision of the court. Another important part of this paper is that it discusses the international perspective with respect to maternity laws. It compares the position of various other countries such as Singapore, Malaysia, Indonesia etc. which provides a perspective as to where India stands globally with respect to Maternity benefits to woman.

Keywords: Maternity benefit Act, Maternity Leave, amendment, Social Security, Woman

MORALITY OF ARREST AND DETENTION IN CIVIL PRISONS AS A MODE OF EXECUTING A DECREE

Author – Chetan R, Student of National Law School of India University, Bangalore.

BEST CITATION – Chetan R, MORALITY OF ARREST AND DETENTION IN CIVIL PRISONS AS A MODE OF EXECUTING A DECREE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 715-722, ISSN – 2583-2344.

Abstract

All civil suits in India end with being brought to the execution court for being executed by the judgement-creditor. Among the many forms of executing the degree, the Civil Procedure Code, 1908 also provides for arrest and detention in civil prison among the execution proceedings for civil suits. This does not exist as a mode of executing the degree. Rather, arrest and detention under the Civil Procedure Code, 1908 merely acts as a tool at the hands of the judgement-creditor, of coercing the judgement-debtor to execute the degree if certain conditions mentioned in the law are met. The existence of this form of depriving person liberty by a civil court deciding on preponderance of probabilities has been a contentious and highly debated issue for it raises several questions of life and liberty under Article 21 and human rights under international conventions. This article will be venturing into this debate and will be arguing that the current form of arrest and detention existing in the Civil Procedure Code, 1908, is a flagrant violation of the right to life and liberty under Article 21 of the Constitution. It then proceeds to suggest alternatives to the current regime wherein arrest and detention can be done through appropriate procedures and standards of evidence.

Conjugal Relationship as an Exception to Section 375: A Legal Analysis

Author – K Varun Dev, Student at School of Law, CHRIST (Deemed to be University), Bangalore.

Best Citation – K Varun Dev, CONJUGAL RELATIONSHIP AS AN EXCEPTION TO SECTION 375: A LEGAL ANALYSIS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 707-714, ISSN – 2583-2344.

Abstract

“ A man is a man; an act is an act; rape is a rape, be it performed by a man the “husband” on the woman “wife” ”

– Observed by the Hon’ble High Court in Hrishikesh Sahoo and State of Karnataka & Ors.

Marital Rape literally means nonconsensual sexual intercourse by a person to whom the victim is married. In the Indian context, since the law defining rape does not recognize that a man can be raped, it is completely reasonable to believe that Marital Rape means nonconsensual sexual intercourse by the husband on the wife. The Indian Penal Code of 1860 which define and prescribe the punishment for rape does not recognize marital rape and explicitly mentions the same as an exception under it. This paper delves into understanding the effects of making such an act an exception under the Indian Penal Code and how it is violative of certain integral rights that are recogonized for women by the national laws and constitution as well as international conventions. Moreover, the paper also looks into how such an exception is discriminative of married women among women. This paper also tries to understand the theories behind the existence of such an exception and also the social impact of the same on the victims of Marital Rape. Furthermore, the paper also gently looks into the change in trend of judgements of courts over the time on the subject of Marital Rape inorder to understand the changes in the view of the courts with respect to this matter. Finally, the author concludes the paper by making a proposal to criminalize Marital Rape and also base the same on the fact that the pros of criminalizing Marital Rape overpower its cons.

Keywords: Marital Rape, Exception, Criminalization, Violation of Rights, Discrimination, Married Women.

Conundrums in Administration of IPR in Pharmaceutical Industry in India

Author – Prateek Chandra, Student of Bennett University, Times of India Group

Best Citation – Prateek Chandra, Conundrums in Administration of IPR in Pharmaceutical Industry in India, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 701-706, ISSN – 2583-2344.

Abstract

With time, there are numerous developments in the pharmaceutical industry which came with certain problems concerning getting the particular drug & medicine to be patented following the Patents Act 1970 which laid down the criteria and conditions under which the patent can be granted to the inventor in the field of the pharmaceutical sector to achieve new drugs and medicine as a result following the laid down criteria in the patents act benefiting the public due to the manufacturing of drugs which are effective and cost-efficient.

This paper will enlighten the concepts of Patent Rights granted under the patent laws in the pharmaceutical industry and what are the major problems associated with the process of patenting a drug or medicine and it’s further licensing to other manufacturers. It will highlight the problems in getting patent rights and licenses by other manufacturers from the patentee to manufacture the drugs at an easy and affordable price with the help of compulsory licensing. Further, this paper will highlight the new measures and steps taken by the government to improve the current situation of Intellectual property in the pharmaceutical industry in India.

Keywords: Evolution of patent system, Problems, Compulsory Licensing, reforms.

Case commentary – X Vs. THE PRINCIPLE SECRETARY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT, DELHI [APPEAL NO : 5802 of 2022]

AUTHOR – K.INDHUMATHI, Student at Government law college Madurai.

Best Citation – K.INDHUMATHI, Case commentary – X Vs. THE PRINCIPLE SECRETARY OF HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF NCT, DELHI [APPEAL NO : 5802 of 2022], Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 697-700, ISSN – 2583-2344.

Abstract

Medical termination of pregnancy Act,1971 & amendment Act,2021 and Medical termination of pregnancy rules 2003 were enacted to regulate the unsafe abortions and to legalize the abortion in certain cases. It provides some criteria who were eligible to legal and safe abortion for women. Medical termination of pregnancy act does not include the unmarried women. It  only includes the married woman, divorced wife, minor and widow. In this case the Supreme Court held that section 3(2)(d) of the Medical termination of pregnancy act, 1971 also include married and unmarried woman and also held that unmarried women are entitled to abortion within 20 to 24 weeks. This verdict  recognise  the  right to equality , right to privacy and right to reproductive choice  of the women. This judgement is a landmark judgement in Indian legal history.

Key words : Unmarried woman – Abortion – Reproductive choice – Pregnancy – Medical termination

An Analysis of Impact of GST in Real Estate Sector

Author – M.Srihariprasath, Student of Saveetha School of Law, SIMATS

Best Citation – M.Srihariprasath, An Analysis of Impact of GST in Real Estate Sector, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 690-696, ISSN – 2583-2344.

Abstract

           In this article we are going to deal with the role of GST in the real estate sector, and the impact of GST in that sector. The year 2017 brings a huge change in the financial side of our nation,and it leads to so many protests among the people of  our nations. The reason for the huge changes and the protests is only because of the three letter abbreviations “GST”. The GST is an indirect tax replacing so many indirect taxes in India such as the excise duty, VAT, services tax, etc. The GST foots his leg in all the products and its sales, and it didn’t even leave the Real estate sector. The present analysis was made through a random through a random and convenience sampling method where the survey was taken from common public, professionals, etc. The sample size in the present analysis is 200 samples, the independent variables in this analysis are gender and age, the dependent variables are reliable. The research tools used in the present paper such as graphical representation was also used to analyse the study.The objective of the research is to know about the people’s opinion about the gst impact in the real estate sector, and to know what are the changes happening in the real estate sector due to implementation of GST, to know whether gst is making a positive or negative impact in the real estate sector.

Keywords: GST, tax, indirect tax, real estate, implementation, changes, independent, etc.,