INTRODUCTION TO INTELLECTUAL PROPERTY LAWS

With the progress in fields like art, science, technology, media, literature and other creative works, there arose a need to protect unique and distinctive creations from blatant misuse. All these were the creation of a person’s intellect and hence was identified to be protected. With this came the establishment of intellectual property rights. These were... Continue Reading →

TRADEMARK

In today’s world, we mostly identify products or the company with a logo or any distinctive mark that appears on the product. For example, we can easily identify a Mercedes or a BMW car by its logo solely. In the advent of a competitive market, the manufacturers started relying on these marks to make a... Continue Reading →

SEPERATION OF POWERS IN DIFFERENT COUNTRIES

Separation of powers means to divide the functions of the government to keep a check on the powers and to help the government to function smoothly, in a just manner and keeping in mind the ideals of law and justice for the citizens. The advent of this doctrine helped many Constitution makers to include this... Continue Reading →

DELEGATED LEGISLATION

Administrative law is a new area of law in India. It is vast and complex in nature and deals with some interesting topics. One amongst them is delegated legislation. In layman’s language delegated means “power or authority given to”. As we know that separation of powers in India is not in a strict sense, hence... Continue Reading →

HUMAN RIGHTS OF UNDERTRIAL PRISONERS IN INDIA

Prison is defined as a center of captivity for individuals who are convicted or undergoing legal proceedings for wrongs done against the society. In prisons basically two categories of people are held captive- 1) Convicted prisoners 2) Undertrial Prisoners Undertrial prisoners are described as those individuals whose cases are being still heard by the court... Continue Reading →

GEOGRAPHICAL INDICATION- AN OVERVIEW

Some places are famous around the world because of a particular type of object. This object derives it roots from there or can only be found in that area. This can be attributed to various factors like climate, topography, soil terrain etc. For example, Alphonso Mangoes of Devagiri, Oranges of Nagpur etc., are some famous... Continue Reading →

WHY IS LAW REFORMS NEEDED IN INDIA?

Laws have been an integral part of the society from its inception. They have not only given a structure and definition to the society but also have devised and defined what is right and wrong. It gives ever individual the protection from wrongdoings and penalizes the culprits by punishing them or giving them a chance... Continue Reading →

SEPERATION OF POWERS- AN OVERVIEW

The term Separation refers to division. The doctrine separation of power refers to the division of powers between the different organs ruling a country. This means a country has 3 main governmental functions- 1. Legislative, 2. Executive, 3. Judicial functions respectively. In order to carry our these functions there are 3 main organs of the... Continue Reading →

ARTICLE 19 of the constitution of India

Expression is one of the essentials and fundamental rights with which a person is born in a democratic country. Article 19(1)(a) of the Constitution guarantees the protection of this right to the citizens of India. The broader aspect and scope of this Article is that the right of citizens to know. It also points out... Continue Reading →

REGISTRATION OF TRADEMARK

Trademark is defined as any logo or mark that is lawfully protected and can be graphically represented which can distinguish the products of an organization or company from others merely by the virtue of the mark. The trademarks in India is protected under Trade Marks Act, 1999. The Controller General of Designs, Patents and Trademarks... Continue Reading →

EXCESSIVE DELEGATION

Excessive in simple terms means to go beyond the scope legally. The primary functions of the legislature is to make laws for the country. This function cannot be handed over to any other branch. The basic legislative functions are to understand and investigate the existing laws, search for downfalls, ans promulgate and introduce new laws... Continue Reading →

PRINCIPLE OF AQUISCENCE AND ESTOPPEL

AQUISCENCE According to the Oxford Dictionary acquiescence means “the reluctant acceptance of something without protest”. When it comes to international laws some acts by the states like inactions, silence, non-responses, or omissions results to some kind of legal effects as well. Like when we investigate the Vienna convention of law of treaties, when a party... Continue Reading →

WHY IS RESERVATION STILL NECESSARY IN INDIA?

Reservations have become a hotcake for all sections of people in the society nowadays. The common man wants it to secure his future and the politicians love to use it as a bait to attract voters for most of the time. If we look back into history, there has always been a divide between the... Continue Reading →

RULE OF LAW IN INDIA

Rule of law is a fundamental concept that has been incorporated in various forms in Constitutions around the World. Likewise, the framers of Indian Constitution have also adopted the doctrine and included it in the Constitution. The Preamble mentions the ideals of justice, equality, and liberty. Part III of the Constitution describes the Fundamental Rights... Continue Reading →

BRIDGING THE GAP BETWEEN POLICE AND PUBLIC

When we talk about enforcement of law, the first people that cross our minds is the police. They are present everywhere to maintain the law and order at a given place and time. Whether it is festive processions, riots, protests, rallies, and campaigns, or even at roads, railway stations, airports, and other transit centers we... Continue Reading →

SHOULD FREEDOM OF SPEECH and EXPRESSION BE CONSTRAINED BY LAW

Expression of opinions is one of the fundamental rights guaranteed by the Indian Constitution under Article 19(1) (a). Opinions are important as they move further to create discussion, debates, and ideologies. In a democratic country, speech is considered as a fundamental right with which a person is born and is guaranteed protection by law. The... Continue Reading →

INDIVIDUALS IN INTERNATIONAL LAW

International law, also known as law of nations, governs the relationship between various countries in the world. The main objective of international law is to harmonize the political situations and promote world peace and stability. It also penalizes and imposes restriction on states that break the law. This is done through various ways like setting... Continue Reading →

SAFETY OF WORKERS UNDER FACTORIES ACT,1948

Industrial sector in India is still one of the major labor-intensive sectors though it is said that the future belongs to automation. The Factories Act, 1948 was introduced to consolidate and distribute the powers within the factories for the benefit of the employers and employees, also known as workers and employees. Factory has been defined... Continue Reading →

RELATIONSHIP BETWEEN PUBLIC INTERNATIONAL LAW AND PRIVATE INTERNATIONAL LAW

After First World War, League of Nations was set up to prevent further war and to promote peace and stability amongst nations. But soon, Second World War commenced, and the objective of League of Nations failed. To prevent further wars, and the devastating destruction caused by it, the United Nations was established to promote world... Continue Reading →

JUVENILE JUSTICE IN INDIA

Minors are those individuals who have not attained legal adulthood (18 years). Once you turn 18, then you must take up whole rights and responsibilities of an adult except some that are reserved until you turn 21. Minors are at the benefit of law as they are presumed to be innocent. It is considered that... Continue Reading →

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