NUJS Journals West Bengal National University of Juridical Sciences
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GOODS IN TRANSIT: FINDING AMICABLE SOLUTIONS FOR UNFAVORABLE INTELLECTUAL PROPERTY RIGHTS PROTECTION
Get PDFDo to the ever evolving transformation and sophistication of the world
counterfeiting industry; the issue of fake ‘goods in transit’ is of
omnipresent importance. Most basically, ‘goods in transit’ are goods
that travels from one country, through another sovereign territory,
such as the European Union, destine for a third country. Boarder
measures are one the fundamental tools rights holders utilize to
protect their intellectual property rights when it comes to these
infringing goods in transit. This procedure provides customs a basis
to suspend the release or suspected infringing goods. This article
exams the principle of ‘goods in transit’ as related to the European
Union, specifically, its obligations under the WTO and ultimately
suggest he best course of action to combat infringing ‘goods in
transit
LAW ENFORCEMENT AGAINST ILLICIT TRAFFICKING IN NARCOTIC DRUGS COMMITTED BY FOREIGN CITIZENS IN THE INDONESIAN LEGAL SYSTEM
Get PDFconvicts of foreign nationality often effect diplomatic relations
between the two countries, especially when Indonesia is to implement
the death penalty for drug offenders. This research is a normative
legal research. Approaches to the problem carried out are using facts,
analytical and conceptual approach and statute approaches. The legal
materials are obtained through library research. The analysis is
conducted qualitatively problems presented descriptively and
analytically. In transnational crime, applies the principle of
territorial, where applicable jurisdiction is state law where the crime
was committed. Normatively, Indonesia could impose the death
penalty and other countries are obliged to respect it in accordance
with the principle of respect for sovereignty. In overcoming
transnational crime, it is necessary for mutual legal assistance to
facilitate the arrest and conduct legal proceedings against the
perpetrators
ETHICAL STANDARDS IN ERADICATING/CONTROLLING CORRUPTION IN GOVERNANCE: A CRITIQUE
Get PDFCorruption has affected nations across the globe. No nation is immune from the
impact of corruption. Menace of corruption has numerous faces which has posed
assorted challenges throughout the world. The moot question that is bothering
everyone, Is, how to be in command of giant of corruption. What should be modes
or techniques to eliminate/control corruption?
India has been ranked 94 by the Transparency International corruption
Perceptions Index- 2012 and 2013; and 85 in 2014. Like other Countries, India is
also struggling hard to control corruption. It is pretty sure that merely enacting
legislations such as Lokpal, Judicial accountability and standards, citizens
charters and other endeavours on transparency and accountability in governance,
will not eliminate/control corruption from India, unless People are the change
agents for elimination or controlling corruption from every field of governance.
This research paper is an endeavour to examine and analyze the contribution of
ethics in promoting good governance and controlling corruption in governance.
Some remedial measures/suggestions also have been recommended to enhance
ethical values to ensure transparency and accountability in public life and
controlling corruption from public administration
Privacy in the Age of Artificial Intelligence
Get PDFIn the global village that we currently live, enmeshed it is with humongous information being shared every second by users. Sharing content online encompasses the acts of divulging information inter alia about pets, a kid, loved ones on social media platforms, in the form of digital pictures, videos, audios or otherwise. Legal Scholars have opined it to be a bad idea to share every information, citing some serious negative legal and non-legal consequences. In order to get a quick dopamine rush via likes, shares and comments we, unknowingly, render ourselves to bear grave consequences. The problem is exacerbated in cases of sharenting, wherein a child gets nothing positive by being on the screens of her parents' connections, sometimes complete strangers’, rather a host of issues he is faced with when he grows up viz., identity and other thefts. Further the risks in today's knowledge economy where data is considered to be the new oil in the wake of disruptive technologies such as deepfakes, blockchain, machine learning and artificial intelligence the risks involved have increased. This research paper incorporating a Qualitative Doctrinal approach explores the legal ramifications that the world ensues at the intersection of technology and privacy concerns. It endeavours to know how our lives get affected privately in the wake of disruptive technologies and what could be possible solutions for its regulation. The paper discusses this concept in the light of various doctrines and leading case laws in order to give the reader a holistic and birds eye view surrounding the concept and its relations to other domains viz., intellectual property, Artificial Intelligence, Privacy Concerns etc. Thus the research endeavor is to disseminate knowledge that erupts at the intersection of the concept of privacy and intellectual property in the age of artificial intelligence. Further the Article also analyzes the issue through the lens of the newly enacted EU-AI Act.
STANDARDS BASED SINGLE GLOBAL TECHNOLOGY LAW
Get PDFThe common goal of law throughout the world is to create justice, order, and stability. OurLaws create a framework for dispute resolution, safeguard our individual rights, and ensurethat we are all treated fairly. This paper provides an overview of the current situation ofdisparate laws for each country in order to discuss the challenges of regulating technology ina globalised world, where different countries have different laws and regulations, with afocus on the most acceptable standards commonly demanded by various countries that areglobally acceptable standards for technology law, and the challenges of developing andenforcing such standards. The paper addresses the gap between existing laws and controllingtechnology crimes such as cybercrime and intellectual property theft in particular. The studysuggests possible strategies for developing and implementing globally acceptable standardsfor technology law, such as fostering consensus, developing flexible standards, and ensuringtransparency, as well as the benefits of globally acceptable standards of a single commontechnology law: such as reduced costs, increased innovation, and improved security. Thearticle also focuses on finding common ground between different countries' technology lawsand provides a brief and instructive summary of the need for globally acceptable technologylaw norms.Keywords- acceptable standards, technology crimes, intellectual property theft, strategies,technology la
COMPARATIVE DISCUSSION ON IPR LAWS IN E-SPORTS: EXAMINING THE LANDSCAPE IN INDIA & THE USA
Get PDFEsports, as a whole, has been a rising scene as a competition in specific virtual video games since the 1970s, reaching an unrivalled height in current times. Video games and their development in popularity inevitably lead to the engagement of rules and bylaws, as well as the enormous economic ramifications that result from these activities, demanding intellectual property protection. However, video games are fundamentally distinct from other intellectual assets, and the intersection of IPR and the video game business introduces unexpected complexity. This article explores the interplay between IPR and new scenarios in video games, namely the phenomenon of e-sports, as well as IPR laws and their evolution in the context of video games and e-sports. It highlights existing laws in India and the United States, providing a comparative analysis of how both legal systems have evolved to deal with technology-heavy competition and a sector with rapidly rising economic strength. To reach that goal, this research study employs a doctrinal, comparative, and analytical approach to explore the situation surrounding video games in both countries within the context of IPR
INDIAN LAW VS TRADITION: THE BATTLE TO SAVE INDIA’S DONKEYS AND MULES FROM CRUELTY
Get PDFDonkeys and mules are the beasts of burden, silent workhorses of India’s rural life; they are the backbone of agriculture, construction and transport. Yet, beneath this service is a stark truth that these animals are caught in a brutal cycle of cruelty. Their suffering is hidden under the heavy weight of tradition, cultural beliefs, and economic pressures. Yes, the law exists, on paper at least, to protect them but its enforcement is sporadic at best. This paper peels back the layers, exposing the tension between the law and the weight of tradition in safeguarding these creatures. It digs into the legal framework, spotlights the gaps, and unearths the grim reality of their mistreatment, backed by cold, hard statistics. It’s not just about the law, it's about culture, economics, and politics colliding in a mess that leaves donkeys and mules on the losing side. The solution to this problem is not simple but radical, which needs a multi-pronged approach that doesn’t just mend but rebuilds the system
REGULATORY GAPS IN ARMS LICENSING: ANALYSING THE LIMITS OF ADMINISTRATIVE STATE DISCRETION IN ASSAM
Get PDFThe Assam arms licence portal creates an identity-based eligibility by confining licences to “indigenous citizens”. The State’s policy amounts to executive overreach, for no State government can alter criteria that Parliament alone has fixed under the Arms Act, 1959 and the Arms Rules, 2016. Arms and firearms are a Union subject, and the State’s role is strictly administrative (and discretionary). By crossing that boundary, the Assam government unsettles federal discipline. The policy is manifestly arbitrary and violates the fundamental right to equality under Article 14 and liberty under Article 21. In my article, I have tested the administrative decision by the State against the principle of Wednesbury unreasonableness and the doctrine of proportionality. The policy decision fails both tests, as no reasonable authority would adopt such a rationale to ensure “protection” of the citizens, and the State has overlooked other avenues to address the law and order situation in Assam without jeopardising the fundamental rights of the citizens. The article analyses the general regulatory gaps in the Arms Rules, 2016 and suggests initiatives that the State can take in lieu of the arms license portal to ensure more reasonable measures to protect indigenous communities
FROM THREAT TO STRATEGY: IMPACT ANALYSIS OF THE DARK WEB AND BUILDING A STRONG REGULATORY FRAMEWORK FOR INDIA
Get PDFThe dark-web, which can be accessed through Tor browser, is a concealed segment of the internet. This system safeguards users from surveillance and tracking, effectively preserving their anonymity. The anonymous nature of dark-web has made it a thriving marketplace for cybercriminals. It is the place where sensitive data of individuals such as healthcare data, financial records, patented drugs are illegally sold. Thus, it poses a serious threat to data privacy and has a profound impact on society by destructing public safety and trust within communities. Similarly the illegal sale of intellectual property, counterfeited goods and leaking bank account details leads to revenue losses of legitimate companies and has an overall impact on the economy. India is currently relying on Information Technology Act 2000 and certain provisions of IPC. However, India has taken a step forward in addressing the issue by introducing organized crime which includes cybercrimes in BNS and increasing the punishment for the same. India has also implemented a Criminal Tracking Network and System to address the problem. A comprehensive regulation will act as a deterrent for people to commit crimes and will also resolve any future uncertainty while dealing with cases revolving around cybercrimes and dark-web. This paper first analyzes the issues and impact of dark-web on society and economy with the help of cross jurisdictional analysis and then find solutions to address the same. The cross jurisdictional analysis with USA, Europe and China, where laws are in place to regulate the dark web, will help in understanding the impact of the dark web and analyze whether such regulations have helped the countries in regulating the dark web, which will help in framing recommendations for India. Thus, the paper aims to make recommendations for India on the basis of case studies from cross jurisdictional analysis and impact analysis
DATA DILEMMA IN DIGITAL AGE: BALANCING INDIVIDUAL PRIVACY AND NATIONAL SECURITY
Get PDF“We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there are no secrets from government.” William O. DouglasThe Digital Personal Data Protection Act, 2023, the most awaited, welcome step towards a robust statutory mechanism, is a significant milestone in safeguarding the personal data of the Indian citizens. The Act aims to regulate the processing of personal data of individuals as well as guarantee them the Right to privacy following the infamous Puttaswamy judgment. While the enactment is a groundbreaking step towards data privacy and security, yet it has raised some concerns that have been delved into in this paper. The paper extensively discusses about the processing and regulation of the non-consensual data. The DPDP Act has exempted the Government and its agencies from certain provisions of the statute. Thus, the exemption of the government and its agencies under the Act, empowers them to collect and process the personal data of citizens without following any of the safeguards prescribed Act, such as getting consent, securing data from breaches, maintaining accurate and complete data, etc., and for any purpose they want. It brings to light concerns of surveillance and misuse, pertaining to broad exemptions, in the minds of stakeholders. Further, it is criticised for giving blanket exemptions to process data without any check or balances. However, these provisions are enacted to facilitate the government and its agencies to safeguard the security and integrity of India. Here, comes the dichotomy between the individual privacy on one hand and national security on the other. The paper analyses this by drawing a comparison between laws relating to data protection in India to that of other international jurisdictions and has, therefore, suggested towards a balance to ensure that both data privacy and national security are not jeopardized