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Scholars in Conversation | Prof. Faisal Devji with Dr. Karthick Ram Manoharan
No full textDr. Karthick Ram Manoharan speaks to Prof. Faisal Devji about the contemporary politics of religious nationalism in India. Commenting on the recent Ram Temple consecration, Prof. Devji proceeds to discuss issues of secularism and how religion-based politics responds to the same. The interview concludes with Prof. Devji’s observations on Muslim politics in post-Independence India. The NLS Blog\u27s ‘Scholars in Conversation’ series features interviews with academics across diverse disciplines and geographies. Anchored by NLSIU faculty members, these conversations explore the work of leading voices in their fields in order to bring academic insights to bear on public discourse
Evolving Principles of Dominant Positition and Predatory Pricing the Telecommunicatior Sector: Revisiting Bharti Airtel Ltd v.Reliance Industries Ltd.
No full textRising Internet Shutdowns in India: A Legal Analysis
No full textThe central theme of this paper is to critically study the interplay of internet shutdowns with the right to freedom of speech and expression. A study of this nature is necessitated by India’s abysmal record with inter- net shutdowns. We must hence begin examining Internet shutdowns seriously within the Indian constitutional framework. In the recent judgment of Anuradha Bhasin, the Supreme Court has accepted that Article 19(1)(a) protects the right to disseminate and receive information through the internet. Therefore, the constitutional validity of every internet shutdown would have to be tested (at least) against the three standards ordinarily applied to test restrictions on the freedom of speech.
Accordingly, this paper sequentially analyzes internet shutdowns against these three requirements. Part I of this paper addresses the lawfulness prong by studying the statutory regime that is used by the executive to impose internet shutdowns. The Telegraph Act, 1885 (and the rules framed thereunder), the Code of Criminal Procedure, 1973, and the Information Technology (Amendment) Act, 2008 (and the rules framed thereunder) are studied and compared. Part II explores the meaning of public order, which is the most relevant ground from the list given in Article 19(2) in the context of internet shutdowns. Part III explains the concept of reasonableness, which is the final requirement of Article 19(2). Part IV examines judgments in which the Indian Supreme Court and various High Courts have considered the validity of internet shutdowns and applied (or failed to apply) the relevant constitutional principles
Revisiting the Conceptual Terrains of the Right to Accessibility in India: The Role of Judicial Enforcement
No full textThe main objective of this paper is to critically reflect on the right to accessibility of persons with disabilities in India, with special focus on the context of public streets and environments. The paper draws on work carried out during the India-related part of the Inclusive Public Space Project, as well as judicial pronouncements, and the norms evolved by India as a party to the United Nations Convention on the Rights of Persons with Disabilities. In this paper, we briefly set out competing conceptions of accessibility and evaluate the constitutional and statutory manifestations of the principle of accessibility. Further, the measures undertaken by the government in the form of policies, guidelines and campaigns to ensure accessibility in the Indian socio-political infrastructure are also assessed. The same is followed by the analysis of significant judicial precedents of the Supreme Court and High Courts on different aspects of the right to accessibility, to demonstrate how the courts have spearheaded various structural enhancements in the accessibility regime in India. The paper is concluded by drawing attention to the need for greater synchronicity in the adjudication and implementation of the principle of accessibility
The Sufficiency of Disclosure of AI Inventions
No full textThe complex and data-driven nature of artificial intelligence (AI) raises questions for the sufficient disclosure of patent applications in this field. What are the European patent disclosure requirements for AI inventions?
One challenge is that, prior to training, AI systems can be considered generic models. But after training, they transform into specialized AI systems to solve a particular problem. This transformation requires training data, making it an integral part of the AI system’s definition. But to what extent is the disclosure of the training data or training process necessary for patent disclosure?
The Boards of Appeal of the European Patent Office (EPO) first dealt with this challenge in case T 0161/18, which involved a medical AI invention to calculate cardiac output. It held that the specialized artificial neural network (ANN) in the patent could not be carried out by a person skilled in the art due to insufficient disclosure of input data suitable for the training of the ANN or at least one data set suitable for solving the technical problem. Furthermore, without specialization, the invention lacked an inventive step.
But, is it always necessary to disclose the input data or at least one data set suitable for solving the technical problem? Are there alternative ways for applicants to satisfy the disclosure requirements for AI inventions? And what evidence is there that patent applicants are disclosing specific details of the AI/machine learning (ML) training or specific AI/ML model architecture?
In this article, we analyse case T 0161/18 and subsequent sufficiency of disclosure decisions (T 1539/20; T 0606/21; T 1526/20; T 1191/19) and consider these foundational questions for applicants drafting patent applications with claims directed to AI inventions. We also analyse the EPO’s examination guidelines on sufficiency of disclosure for AI inventions, which were updated in early March 2024
What the Internet Archive Case in the U.S. Means for Digital Book-lending
No full textThe Internet Archive\u27s efforts have democratised access to more than 835 billion web pages and 44 million texts for anyone with an internet connection. Two of IA’s techno-legal experiments prompted a major copyright tussle with book publishers. The matter came to be titled Hachette Book Group, Inc. and others v. Internet Archive. This article examines the recent judgement of a US appellate court reaffirming the district court’s verdict in favour of the publishers. The author explains how US courts approach \u27fair use\u27 and reflects on the implications of the decision on digital book-lending
How Anti-Hindi Protests of the 1960s Created India’s Most Successful Regional Political Movement
No full textExcerpt:
\u27The 1960s were a time of student uprisings across the world.... While all these protests made for spectacular news, and are duly commemorated every year, only a few of them resulted in a concrete political change. The anti-Hindi agitations in Tamil Nadu of the 1960s are one such exception. Led predominantly by students, the anti-Hindi agitations contributed to unseating the ruling Congress and bringing the Dravida Munnetra Kazhagam (DMK) to power in 1967. Ever since, only Dravidian parties have formed the government in Tamil Nadu.\u2
In New Readings, There is Hope for Persons with Disabilities
No full textAlthough the Rights of Persons with Disabilities (RPwD) Act 2016 prohibits disability-based discrimination, it in the same breath condones the acts or omissions if the same are considered by the State or authorities as the proportionate means for achieving any legitimate aim
The ‘Public’ in the ‘Public Interest Test’: Rethinking the Parameters of the Public Interest Test in India
No full textIn recent years, there has been a considerable difference in approach between the relevant anti-dumping investigation agency and the Ministry of Finance when it comes to the imposition of anti-dumping duties in India. This difference revolves around the interpretation of the ‘public interest test’ which requires investigating agencies to consider whether the imposition of anti-dumping duties would be in the larger interest of the public.
WTO law does not offer much guidance in this regard and Members have chosen to adopt different approaches when deciding whether the imposition of an anti-dumping duty is in the public interest. In India, the investigating agency and the implementing ministry have considered different factors in their analysis of the ‘public interest test’ and arrived at contradictory conclusions on the application of the test in the same proceeding. The lack of a codified approach to the public interest test coupled with the limited avenue for judicial intervention on the issue has resulted in a limited understanding on the scope, operation and relevant considerations that underpin the test. Having considered the approach of investigating agencies to the ‘public interest test’ in India between 2020-22 (when the divergence in approach between the DGTR and the Finance Ministry was most apparent), this paper seeks to identify relevant considerations in the use of the test, highlight practices from other jurisdictions and examine how the operation of the test can be better structured to enable better and more informed participation of third parties in anti-dumping proceedings