Opposition of a Patent

Definition of a Patent:-            A patent is a collection of exclusive rights awarded for a short period following a successful application procedure over any item, substance, technique, or process that is novel, useful and is an invention. It is a properly registered right provided by the nation of registration, similar to trade marks. The patent... Continue Reading →

Duties of a Protection Officer: Protection of Women from Domestic Violence Act, 2005

Who is a Protection Officer?        A Protection Officer is a person who is in charge of aiding women in accessing remedies for the violence that took place against them, the person who must make sure that all services and benefits provided in the Act is being accessed by the women who survived domestic violence, as... Continue Reading →

Residence Orders under the Protection of Women Against Domestic Violence Act, 2005

 If a woman is being ejected from her shared home with her harasser or does not feel comfortable staying there, she can seek legal aid from the Court with the help of a lawyer or a Protection Officer. Even though she doesn't have a formal title or a claim to the house, the Domestic Violence... Continue Reading →

Landmark Judgments on Maternity Benefits Act, 1961

The Maternity Benefit Act of 1961 safeguards women's employment during pregnancy and entitles them to several maternity benefits and the most important one is a fully compensated leave of absence from work – to care for their child. In 2017, an Amendment Bill was approved that applies to all enterprises that employ 10 or more... Continue Reading →

Landmark Judgements on Right to Information Act, 2005

 The Right to Information Act (RTI) is an Indian law that establishes the rules and processes for individuals' access to information. It took the place of the previous Freedom of Information Act of 2002. Under the RTI Act, any Indian person may seek information from a "public authority", which is supposed to respond promptly or... Continue Reading →

Landmark Judgements on Capital Judgement in India

 Capital punishment, commonly known as the death penalty, is the execution of a person who has been condemned to death by a court of law. Extrajudicial executions carried out without due process of law should be separated from capital punishment. Because of the potential of commutation to life imprisonment, the terms death sentence and capital... Continue Reading →

Landmark cases of Public Interest Litigation in India

PIL (Public Interest Litigation) is a legal action brought in a court of law to protect a community's legal rights. In a politically structured society or political institution, the expression refers to a specific human claim. The concept of public interest litigation (PIL), which has been and continues to be promoted by judicial activism, has... Continue Reading →

Different ways to acquire Indian Citizenship

           At the outset of the Constitution, Part II of the Indian Constitution establishes numerous types of Indian citizens. An individual who is a full member of the political community or the State is referred to as a citizen of that state. Citizens are distinct from foreigners or temporary residents, who lack all of the privileges... Continue Reading →

Doctrine of Waiver

The Part III of the Indian Constitution provides the Citizens six Fundamental Rights, which are essential for a person to lead a dignified life and provide an individual with basic opportunities to better his life through these rights. The six rights are:- Right to Equality (Article 14 to 18)Right to Freedom (Article 19 to 22)Right... Continue Reading →

Offences and Penalties described under the Monopolies and Restrictive Trade Practices Act, 1969

Section 47 of the Act gives the penalty for the violation of Section 27. Section 27 talks about the Division of Undertakings that talks about the transfer or vesting of property, rights, liabilities, obligations, and so on. If this action is contravened then the person will be punishable with imprisonment for a term extending to... Continue Reading →

Unfair Trade Practices

Unfair Trade Practice is defined by Section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act), as   “A trade practice, which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any services adopts any unfair method or unfair or deceptive practice including oral,... Continue Reading →

Constitutional Law: Theory of Eclipse

Article 13 of our Constitution has two doctrines. One of them is the Doctrine or theory of Eclipse. The idea behind the Theory of Eclipse is that any law that is incompatible or inconsistent with the fundamental rights of the Constitution will not be right away deemed to be invalid. The Unconstitutional law isn't completely... Continue Reading →

Powers of Redressal Agencies under the Consumer Protection Act, 2019

The Consumer Protection Act of 2019 establishes a three-tier quasi-judicial system for resolving consumer complaints, which includes:- District Commissions: The District Commission can entertain cases where consideration of the goods purchased is only up to one crore rupees and does not exceed that limit State Commissions: The State Commission can entertain cases that have the consideration... Continue Reading →

Monopolistic Trade Practices

                  Monopoly is generally defined as a situation where there is just one vendor in the market. The monopoly situation is considered the polar opposite of perfect competition in traditional economic theory. As a result, the monopolist has great control over the price it charges, implying that it is a price maker rather than a price... Continue Reading →

Constitutional Law: Doctrine of Severability

The Doctrine of Severability or Separability is a part of Article 13(2) which says that the State will not be allowed to make any law that is Unconstitutional and violative of the Fundamental Rights of the Citizen. Article 13(2) says that:- “ The State shall not make any law which takes away or abridges the... Continue Reading →

Landmark cases on Patent Infringement in India

Novartis International AG vs Union of India  Novartis International AG, a Swiss pharmaceutical giant, declined a patent for them to introduce a cancer drug known as Glivec. Our Country India was and still is a developing country and decided to join the World Trade Organisation (WTO) in 1995 to start providing patents. It was noticed... Continue Reading →

Types of IPR covered by Trips Agreement 

The TRIPS agreement stands for Trade-Related Aspects of Intellectual Property Rights and is a basic standards agreement that permits the member countries to provide wider protection for their intellectual property if they wish. The Members are free to choose the best manner for implementing the agreement's provisions within their respective legal system and practice. The... Continue Reading →

Remedies available for Copyright Infringement

Section 55 (1) says that if the copyright of an owner’s work has been infringed, then he is entitled to all kinds of remedies that the Copyright Act, 1957 provides, which includes an injunction, damages, accounts, etc. The plaintiff shall not be entitled to any remedy other than an injunction in respect of the infringement... Continue Reading →

India’s institutions that keep Democracy alive

India is no longer regarded as a truly democratic country, and a Swedish institute has classed it as an electoral autocracy instead. After the BJP came to power, the country's democracy began to deteriorate. However, there are a few institutions in India that keep "semi-democracy" alive. The first is the Indian Election Commission. Elections at... Continue Reading →

India’s human rights abuses

                  The term human rights are defined by The Protection of human rights Act, 1993, which says that they are the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution and enforceable by courts in India. These rights are important for the social development of the citizens of India. Despite... Continue Reading →

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