A 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…
View details“Successful leaders are the ones who promote peace not war”, said Donald Trump in the historical Singapore summit, a meeting between North Korean leader Kim Jong-un and America’s president Donald Trump. Recently in Singapore on 12th June 2018, a historical meeting of the two biggest rivalries of world North Korea and America was held purpose…
View detailsWe humans, by virtue of being limited by high emotional intervention in our day to day activities, I firmly believe, shall never be free from war. As the classical realists would say, “The state of war is a perpetual issue” I believe, till the time we’re governed by even an iota of something even remotely…
View detailsA Legal Analysis “They were willing to work all the time, and when people did their best, ought they not be able to keep alive?” –Upton Sinclair Two men were found dead in 2016, in a water tank at the Anna University Campus in Chennai, hired to seal off an air leakage issue. The deaths…
View detailsJudicial Interpretation Judicial interpretation refers to different ways opted by judiciary to interpret the law, particularly constitutional legislations and subsidiary laws. There are different methods of judicial interpretation. Such kind of judicial interpretation of present statutes and set principles help us to correct lacunas and discrepancies in our legal system. Before explaining how our legal system interpreted and…
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