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2002 research outputs found
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Comparing Specific Performance under the Specific Relief (Amendment) Act 2018 with the CISG and the UNIDROIT Principles: The Problems of the “Un-common Law” in India
No full textIndirect Acquisitions under the Takeover Code: The Fairness-Efficiency Spectrum and Lessons for Regulation
No full textWhy the elevation of disabled advocate Moxa Kiran Thakker is important
No full textAppointments such as that of disabled advocate Moxa Kiran Thakker as a judge in the Gujarat High Court repudiate the theory that persons with disability are not competent enough to discharge responsibilities
Start-ups vs Google: Action can be taken only as per law: Rahul Singh
No full textThe Alliance of Digital India Foundation (ADIF) filed a plea against Google’s user choice billing system (UCB) in the Delhi High Court. The court asked the Competition Commission of India to look into ADIF’s complaint by April 26—the day the new billing system was to go into effect. In this podcast episode, Associate Professor Rahul Singh helps listeners understand the dynamics between start-ups and Google. He also talks about the possibility of tech giants like Google being monitored
Mahua Moitra’s Plight Is Testament to the Kismet of Women Politicians in India
No full textIndian politics has constructed a sexual imagery of women leaders that primarily focuses on their character, physical appearance, dress, demeanour and family. While their success is understated and mostly shoved under the carpet, their failure is wholly attributed to their gender
India\u27s Take on Legal Remedy of Passing Off: A Celebrity\u27s Perspective
No full textThe development of mass media led to the development of intrigue and curiosity around celebrities and their persona, and the profits hidden therein. Harping upon this intrigue, stakeholders realised the brand power behind celebrity personalities. However, problems arose when there was an increase in the unauthorised exploitation of celebrity personalities. While on the legal front, several remedies are resorted to, William Prosser narrowed down these into four, i.e., intrusion into one’s private space, disclosure of one’s personal and private facts, disclosure of incorrect facts that puts one under a false light and misappropriating one’s personality for commercial gain. Hinged on the brand value of a celebrity’s personality, the right to publicity emphasises the right of a celebrity to claim control over the commercial value of their identity. Remedy against the unauthorised commercial exploitation of a celebrity’s identity is commonly found in the tort of passing off. The article assesses the contours of the remedy of passing off as availed by celebrities and implemented by the Indian Courts. The article also draws a comparison with the approaches employed by American and English law in their understanding of celebrity personality, contrasting the same with the Indian approach
Unilaterally Altering the Bargain: TRIPS, Section 107A, and the Regulatory Review Exception under Indian Patent Law
No full textIn 2003, Section 107A of the Patents Act wrote a regulatory review exception into Indian law. Its beholden purpose is to enable patent-protected pharmaceutical products to be brought to Indian markets quicker and in large numbers. Emboldened by a WTO decision brake-testing a similar Canadian statute, Indian pharmaceutical manufacturers have consistently claimed Section 107A benefits from domestic courts. Lately, the economic trail of these benefits has grown to implicate entities abroad. Pushback to this trend from patentees has duly arrived. It has culminated in a stack of Delhi High Court decisions in Bayer v. Union of India. Bayer writes three precepts into Indian law. First, it stipulates that, so long as the purpose of Section 107A is met, courts will not concern themselves with the geographical incidence of the underlying transaction. Second, it prescribes a checklist to assist domestic courts in assessing whether Section 107A is, indeed, satisfied. Finally, it sets out that commercial animus is the bright line dividing permissible transactions from impermissible ones. As this goes to press, less than six years have passed since Bayer. Yet, even in this short time, each of the Bayer precepts has been systemically annihilated by later courts.
As a result, Section 107A law sits nervously: unsure whether to stick with the Bayer ideals or twist in favour of a more chaotic exercise of the TRIPS flexibilities that birthed Section 107A in the first place. In this essay, we narrate how and why this state of affairs has come to be. We side, on balance, with respecting outcomes that predictably interpret Section 107A and its attendant economic considerations. We conclude that, if push comes to shove, Indian courts ought to follow the lead of the WTO Canada decision over two decades ago
Caste, Gender and Intersectionality in Labour Market Aspirations: Evidence from a Skill-Training Programme in India
No full textThis study examines how social identity shapes future aspirations in a developing country context. Using data from a large-scale skill-training program for rural youth in India, we focus on two key identity dimensions: caste and gender. Our findings suggest that trainees from the socially disadvantaged groups – Scheduled Tribe (ST) and Scheduled Caste (SC) – have significantly lower income aspirations and expectations than trainees from privileged castes. However, caste gaps disappear in expected post-training salaries. Female participants also have significantly lower aspirations and expectations than their male counterparts. These disparities persist even after accounting for background characteristics, including pre-training personality traits and non-cognitive skills. Exploring intersection of caste and gender, we find that disadvantages are cumulative: SC/ST women face the lowest aspiration and expectation levels across all groups. This pattern supports the “double jeopardy” hypothesis, highlighting how overlapping social identities compound disadvantage in shaping individuals’ economic outlooks and perceived future opportunities
Book review: Ritajyoti Bandyopadhyay, Streets in Motion: The Making of Infrastructure, Property, and Political Culture in Twentieth-century Calcutta
No full textRitajyoti Bandyopadhyay, Streets in Motion: The Making of Infrastructure, Property, and Political Culture in Twentieth-century Calcutta, Cambridge University Press, 2022, 320 pp., ₹1295, ISBN 978-1-009-10011-
