Should Investments Come Under the Ambit of the WTO?
In light of the relation between trade and investment, should the WTO push for a global investment treaty?
Will the Stop Online Piracy Bill kill the Internet?
The Stop Online Piracy Act (SOPA) is a bill that was introduced in the United States House of Representatives on October 26, 2011. Will the Bill destroy the internet as we know it today?
Do warnings on tobacco packs harm the IP of tobacco companies?
Australia and Uruguay have passed legislations that will require tobacco companies to sell tobacco without their brands or regular packaging. Philip Morris, the tobacco company, has filed for arbitration under ICSID. This is a topic-to-be-considered if you’re writing to be published.
Whether a copyright and a patent can exist simultaneously in a work?
Can a copyright exist in a patented work?
Can a Court Review its Own Order?
Can a Court review its own order when the legislation that established it does not provide explicit permission?
The End of Attorney-Client Privilege?
Section 922 of Dodd-Frank Act added the Section 21F – Securities Whistleblower Incentives and Protection, to the Securities Exchange Act. The SEC has now introduced new rules that will allow attorneys of companies to report any financial misconduct even if the information is…
Is the arbitrator an employee of the arbitration parties?
This topic is the fundamental question decide in Jivraj v Hashwani [2011] UKSC 40 on appeal from: [2010] EWCA Civ 712 (case available here). The question in this case was whether the arbitrator was an employee under the Employment Equality (Religion or…
Minimum Penalty of 25 Crore
I learnt today that someone has filed a writ petition in the Delhi High Court alleging that SEBI is mandated to charge the higher of the following penalties: 3 times gain made/loss avoided Rs. 25 crores (Rs. 250 million) (S….
Does DNA testing under S.53 of the Indian Code of Criminal Procedure Violate the Right Against Self-Incrimination?
Article 20(3) of the Constitution of India reads- “No person accused of any offence shall be compelled to be a witness against himself”. However, Section 53 of the Cr.P.C allows an investigative agency to examine an arrested person for the…
Which comes first: Parliamentary or legal professional privilege?
But what if the House of Commons were to summon the external lawyers and ask them to give evidence? It may be that the lawyers could not be compelled to provide evidence on pain of “contempt of Parliament”. However, if…
Can Ebay will Held Liable for Selling Counterfeit Goods?
The European Court of Justice has ruled that online auction site eBay should be held liable for trademark infringement where it is aware that users are selling counterfeit items via the site. Source: L’Oreal wins ECJ trademark ruling against eBay…
Should Investigative Agencies be Exempted from Transparency Laws?
The government’s notification exempting the CBI under Section 24 of the RTI Act (which allows exemption of intelligence gathering agencies from the RTI Act) has sparked a controversy. A PIL has been filed in the Madras HC challenging its constitutional validity. Read: CBI’s…
A Comparative Analysis of the Lokpal Bill Drafts
You can read the following materials to understand the differences between the draft of the Government and of Anna Hazare: 1. Comparison of Lokpal Bill Drafts (India Policy Wiki) 2. Comparison between Jan Lokpal Bill and Government’s Lokpal Bill (Ombudsmen India) …
Do the Indian Information Technology (Intermediaries guidelines) Rules Violate Constitutional Rights?
Various concerns have been raised after rules relating to the internet were notified on 11th April 2011. Objections have been raised on mainly three fronts: one, that an unreasonable standard has been imposed on the intermediaries and cybercafé owners who…
Is the Indian Right to Education Act against Minority Groups?
On Right to Education Act (RTE), the AIMPLB’s resolution said that it would take away the rights of the minority institutions to offer religious education and mother tongue learning. The board has demanded that the madarssas and minority institutions should be exempted…