Since the emergence of covid19, everyone has become reliant on technology, even those whose jobs do not need it. Technology is used in schools, colleges, big companies, and even court sessions. Technology has become an integral component of our daily life. Technology has not only been applied to online schools and businesses, but also to…
View detailsAnalysis of Constitutional change Article 368 in Part XX of the Constitution deals with the powers of the Parliament to amend (i.e. to modify) the Constitution and its procedure. There are 3 types of amendments in the Indian Constitution. 1. Simple Majority Bills passed in this way are not deemed as ‘Constitutional Amendment Bill’. 50% + 1 members…
View detailsIt has always been a dispute whether a matter falls under arbitrability and the decision given by the tribunals is obligatory or suggestive. Arbitral tribunals as well as courts while considering a request to set aside an award should generally determine arbitrability in accordance to lex arbitri. Over and above the general rules of arbitration…
View detailsIntroduction Post 2008 global financial crisis, reputation of financial institutions including banks was tarnished leading to declining trust in conventional banking systems. Banks worldwide subsequently reported significant liquidity shortage (Milne, 2018)as, in the US, crisis hit big financial powerhouses like JPMorgan Chase, Morgan Stanley; Finland reported considerable decline in private investments (Söderlund & Kestilä-Kekkonen, 2014);…
View detailsA short note “Transborder reputation” protects the trademarks not registered in India as courts are not bound to consider the question of prior usage strictly within the geographical limits of India. In today’s world, technological advancements and good communication means, the products if don’t reach the market, reach the views via advertisements, internet as well…
View detailsAn Interplay between customary law norm and Model Law on Cross Border Insolvency The New York Convention has been a successful instrument towards harmonisation of standards for assessing enforceability of awards and referring parties to arbitration. However, jurisdictional deviations have been in place, alongside modified universalism. Opinions have tilted towards a customary law norm to…
View detailsA short note In “Evergreening- A controversial issue in Pharma Milieu” by Glenmark pharmaceuticals, evergreening is defined as “ways to take undue advantage of law and associated regulatory processes to extend IP monopoly over important drugs by filing disguised/artful patents on patent protected inventions before expiry of parent patent” (Bansal, Sahu et al., 2009). In…
View detailsSuppose, you have a great business idea, some how you got opportunity to execute the plan of your business and you have found a great logo which can represent your company, after few a year your company has created goodwill in the market. Thereafter you got to learn the infringement of trademark, so…
View detailsA reaction paper Born, brought up and even finished education from University of Hong Kong, Johannes Chan Man-mun is a professor at his alma mater University of Hong Kong as well as the dean of Faculty of Law. A man who faced several hurdles because of his interests and writings on Human Rights, Constitutional and…
View detailsA reaction paper A new term yet not new to us, Authoritative Constitutionalism. As the name gives away, it has something to do with Authoritarian which is strict obedience with the authority or (quoting Gunter Frankenberg) ‘right to command obedience’ and constitutionalism which is just opposite, limiting political powers (as said by Ortega) and/or a…
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