Why is Article 15 Important?

In India, the constitution is the supreme law of the land. As declared in the preamble of the constitution, India is a secular, democratic and republic nation which has created the necessary provisions to safeguard the interests of the entire population of the country.

Presence of Article 15 in the Indian Constitution

Article 15 is present in the Indian Constitution under Part III which deals with the fundamental rights of the people of India. Article 12 to 18 wholey deals with various issues relating to “Right to equity”

Fundamental Rights according to Article 15 

Fundamental rights are the basic or civil liberties that are available to Indian citizens just by virtue of living in the country. The Part III covers articles 12 to 35 and all of them are dedicated to protecting the Read More 

Archeology Laws in India

The History of India’s monuments and heritage sites are as old as the development of Indus Valley civilization. The history of India is punctuated not only with diverse culture but also unrivalled monuments. 

In India there are lots of sites that people already know and talk about i.e. Taj Mahal, Qutub Minar, Gateway of India etc, and the government is also making huge investments to protect such sites and monuments. As per the latest reports, there are 3693 centrally protected monuments/sites under the Archaeological Survey of India (hereinafter ASI). But, there are 1000s of other sites not known to the ordinary and therefpre owing to the lack of information in relation to these, it becomes difficult for the citizens to even recognize them and thrie informations are just limited to folklores of the locals.  These“ unprotected” also needs protection but are left helpless in the sweeps of dismal and destruction with the paucity of investments and proper upkeep by the government. These sites are left with the local people to preserve who neglect them anyway. These unprotected and neglected monuments disappear in the ashes of time with no one to look at and with the government turning blind eye to Read More 

Guidelines on Anti- Money Laundering Standards and Combating the Finances of Terrorism

Money Laundering is the basic term which is used to describe money earned by money launderers through illegal activities like drug trafficking, currency smuggling or terrorist funding, it is also regarded as dirty money and the launders try to cover up their tracks by making it look like it is from a legitimate source. The government does not take any tax on this money because it is not shown in bookkeeping.

It is hard to track down the source of money laundering since it is derived from a series of banking transfers and commercial frauds. The maximum number of money is laundered through financial institutions and then the criminals use a wide range of techniques to conceal the criminal nature of it.

Stages of money laundering are Read More 

What is a Software License Agreement?

A software license agreement is a legal contract between the purchaser of the software and the seller/licensor. Its primary use is to make the purchaser aware of its benefits and how and where it can be availed. It gives the purchaser a briefing of where, how, and the number of times it can be installed. It also protects the rights of both the licensor and the purchaser.

It is a full package of everything the purchaser needs to know about the software- ranging from its pricing details to the knowledge of the purchaser to be able to copy, change or redistribute it. It also includes all the restrictions on the use of the software.

What The Software License Agreement Includes:

· Information About The Agreement: The most important aspect of an agreement is the information that it carries. All the questions that the purchasers have for the licensor are answered here, in this section. They can find information like Read More 

Intellectual Property : Ownership Laws in India

When a work is made as a work for hire, the employer or other person for whom the work is prepared is considered the author and unless the party expressly agreed otherwise in a written instrument signed by them owns all of the rights comprised in the copyright. Determining whether a work was work for hire can be complicated in certain circumstances. Thus, here one thing that is important to know is that the owner of an IP is not always the same person who created it. To ensure effective ownership of IP developed in India, it is imperative that the companies understand the legal and practical aspects.

Who Owns The IP At The First Instance

As for the matter of fact, the IP ownership in India varies under different IP laws. The below mentioned are the various IP laws that govern the ownership of IP rights in India:

 a. Copyrights: the general rule for copyright works is Read More 

5 Must Know Intellectual Property Law Cases

1.      Novartis AG v. Union of India, (2007) 4 MLJ 1153

Facts

- In 1997, Novartis, a Swiss based pharmaceutical giant filed an application to grant patent to an anticancer drug Glivec which is used to treat Chronic Myeloid Leukemia (CML) and Gastrointestinal Stromal Tumours (GIST) on the basis that it invented the beta crystalline salt form (imatinib mesylate) of the free base, imatinib.  It is a critical drug which is patented in about 35 countries of the world.

- Till 2005 India was not into granting patent to pharmaceutical products and agrochemical products.  In the year 2005 India revised its patent law and started granting patents on pharmaceutical drugs. In 2006, the Madras Patent Office refused the patent application of Novartis for its drug Glivec stating that the said drug did not exhibit any major changes in therapeutic effectiveness over its pre-existing form, which was already patented outside India. The said decision was based on Section 3(d) of the Indian Patents (Amendment) Act, 2005 which provides  a known substance can only be patented if its Read More 

Uttarakhand High Court On Solitary Confinement

Solitary confinement requires an inmate to be restricted to one cell and has no contact or at least a very little contact, with other inmates. The critics call it inhumane, psychological torture that is hardly in line with rehabilitation. The reasons prisoners placed in isolation are many, it can be either to prevent them from fighting with another inmates or getting into fight with guards, like talking back to a guard or getting caught for doing something which they shouldn’t have been doing. Other times, prisoners are also thrown into the solitary confinement for not breaking any rules at all. Prisons have used solitary confinement as a tool to manage gangs, isolating people for simply talking to a suspected gang member. Prisons have also used solitary confinement as retribution for political activism. 

How was it created?

The concept of solitary confinement dates back to the late 18th and early 19thcentury when the British Government to create panic among the great freedom fighters built a jail which served as a colonial prison and was also known as “Kaala Pani or Black Water Jail” as the Read More 

Seed protection Law

Seed Protection law is implemented to provide a good quality of seed in the market. The two most important function of the seed act are :

- First is to regulate and monitor all the seed related activities 

-And second is to keep the product or seed value certain or same without any effect in the quality level.

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