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Criminal Liability of Corporations
By Ankit Kumar Nowadays, it is a well established fact that corporations cannot escape liability for offences on the ground that they have neither body nor soul and cannot possess any mental state. Corporations have their own identity, they have separate legal personality and they are different from their members, and this is sufficient to…
Sting Operations: An Invasion of Right to Privacy
By Shalini Tyagi In society today sting operations have become the order of the day. A sting operation is a well-planned scheme used by law enforcement agencies to entrap a criminal. It usually involves a lot of undercover work. Satellite, remote-control cameras and high-fidelity sound equipment that can pick up conversations in a room from…
Online Intermediaries: Rationale and Aspects of Liability
By Bhumika Sharma & Poonam Pant All online communication passes through an intermediary of some sort, whether it is an Internet Service Provider (ISP), such as Comcast, or a platform, such as Google or Facebook. Governments have a number of choices for how to treat online intermediaries. They can go after the intermediary directly by…
Child Labour
By Kauser Hussain & Srishti Singh The fighting against child labor in the world continues to be a daunting challenge. We know today that with the political will, the resources and the right policy choices we can definitely put an end to this scourge in the lives of so many families worldwide. Child Labor: Challenges…
Laws to Protect the Consumer’s Interest
By Ambuj Sharma & Pradip Kumar Kashyap Consumer awareness about legitimate rights has been constantly growing in recent years. The consumer-protection movement is part of global recognition and concern that consumers are a weak party in buying goods and services compared to manufacturers and traders producing and selling them. Ideally, a market economy where firms…
P2P File Sharing under Indian Copyright Law
By Akash Vishvakarma It is an intriguing truth that copyright law is intertwined with online file-sharing technologies and both share an immense relationship, whether for better or worse. An early scrimmage between the U.S. Government and file-sharing technologies such as Napster (1999), FastTrack/Kazaa, WinMX, LimeWire and BitTorrent yielded a lesson to P2P developers about the…
China’s Accession Protocol to the WTO – Implications on Price Comparability and Antidumping Investigations
By Srishti Bose There has been worldwide conjecture regarding China’s attainment of Market Economy Status (MES) for trade purposes post-December 11, 2016, when its interim Non-Market Economy (NME) status expires as per the Chinese Accession Protocol (CAP) to the WTO. MES has a conditional relationship with price comparability and antidumping (AD) investigations among WTO members.…
FDI in E-Commerce – Issues and Concerns of Consumers in India
By Mahesh Chinnikar Rudolf von Ihering, a German jurist, said in the 19th century that while states were fighting with one another, trade found and levelled the roads that lead from one nation to another and established a relation of exchange of goods and ideas. This statement is aptly relevant and true even today, with…
Protection under Copyright Law in India
By Dr. Shipra Gupta Copyright is a form of intellectual property protection granted under Indian law to the creators of original works of authorship such as literary works (including computer programs, tables and compilations including computer databases which may be expressed in words, codes, schemes or in any other form, including a machine-readable medium), dramatic,…
Giant Leaps for Nanotechnology Commercialisation – The IPR Issue
By Aishwarya Dhakarey There is an unanswered question that demands discussion and a foray into the field of nanotechnology: whether the Indian IPR regime is adequately equipped to handle nanotechnology, in terms of both law and infrastructure to execute and implement the laws themselves. Another question is whether the regime strikes a fine balance between…