Abstract In India, âarbitrationâ is increasingly becoming the preferred method for effective and efficient determination of any commercial dispute. The question as to whether intellectual property (âIPâ) disputes can be resolved through arbitral process requires detailed consideration and understanding, as several courts in India have reserved few classes of disputes for courtâs determination and reserving Continue reading
Category: Guest Post
Challenging the Coloniality in Global AI Regulation Frameworks
Abstract This blog argues that the intensifying efforts to regulate AI, notably through initiatives like the EU AI Act, are predominantly driven by the Global North, often neglecting the significant socio-cultural, legal, and economic differences across countries. While there is widespread consensus that AI governance must adopt a global approach due to the technologyâs borderless Continue reading
The Med-Arb Approach: Rethinking Dispute Resolution in the Renewable Energy Sector
INTRODUCTION The Asia Pacific region, with its diverse geography, includes some of the worldâs major energy-producing countries. However, it is notable that for energy production, conventional sources such as coal and oil are heavily relied upon. Primarily due to international agreements and climate conscious policies, nations located in the Asian subcontinent are actively switching to Continue reading
Regulatory Sandboxes: Catalysts for FinTech Innovation in India
Introduction The fintech revolution in India is the product of intentional regulatory innovation, with the regulatory sandbox concept at its core. This framework serves as a testing ground for financial products, fundamentally reshaping India’s financial ecosystem. A regulatory sandbox, in essence, constitutes a controlled environment wherein firms may evaluate novel financial products with actual consumers Continue reading
Geographical Indications as a Cultural Safeguard Tool for Communities: Kutch Ajrakh’s Path to Modern Markets
Exciting developments are underway for Geographical Indications in India, with over 60 products receiving the Geographical Indications (âGIâ) tag recently. This is particularly noteworthy as it marks the largest number of successful GI applications in a single instance since the Geographical Indications of Goods (Registration and Protection) Act, 1999 Act was implemented in 2003.
The international GI framework is quite diverse, and jurisdictions have adopted combinations of protections best suitable to them and their global trade. Depending on where you are, the framework covers many interesting subject matters ranging from agricultural and food products to wines. As far as a combined reading of the Geographical Indications of Goods (Registration and Protection) Act, 1999 and The Geographical Indications of Goods (Registration and Protection) Rules, 2002 are concerned, it is used to identify âagricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff originating in a definite territory in India.â The legal protection granted through a successful registration certificate lasts for 10 years and needs to be renewed failing which the GI tag may be revoked. For an application to be successful, the applicant must be an association of persons, producers, organization or authorities established by or under the law. The key factor is that the applicant should represent the interests of the producers. This is a significant departure from the otherwise individual creator notion of IP laws.
Healing the Health Insurance Sector in India
Introduction The World Health Organization (âWHOâ) defines health as a âstate of complete physical, mental and social well-being and not merely the absence of disease or infirmity.â[1] The provision of universal health insurance coverage as part of the provision of affordable healthcare is included in the Sustainable Development Goals (âSDGsâ)[2] (SDG Target 3.8). In fact, Continue reading
Addressing the Challenges Posed by AI in India
Introduction For the last few decades Artificial Intelligence (âAIâ) has been advancing at an unprecedented pace globally. A few decades ago, the perpetration of AI to the present extent would have been a far-fetched idea, but today, it is our reality. AI is continuously developing and pervading almost every crucial aspect of our lives. AI Continue reading