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
Read More
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.
Read More
A verdict dated 14 May 2024 by Justice Bela M Trivedi and Justice Pankaj Mithal has declared that services provided by advocates shall not be covered under the Consumer Protection Act (âCPAâ), 2019. This judgment has, thus, questioned the very basis of the application of the CPA to medical services as laid down in the V.P. Shantha judgement. The bench opined that the legislature could never have intended the Act to cover professional services, which are already governed by respective professional councils. The ruling raised questions of procedural propriety about a partial referral to a larger bench and judgment on hypothetical premises. It is at this juncture that differentiation between the legal and the medical professions had to be brought out, concerning standards of care. The Court referred the issue for reconsideration to a larger bench, without clarifying if the referral pertains to the whole judgment of Shantha or only the question of including professionals under the CPA that is under scrutiny. The case epitomizes the dilemma of balancing consumer protection with the maintenance of professional standards. It calls for review to guarantee a regime both of professional accountability and of consumer rights in dynamic consumer protection amidst technological advancement and global networking.
Read More
Securities and Exchange Board of India (âSEBIâ) recent guidelines, issued on May 24, 2024, restrict the real-time dissemination of price data to third-party platforms in India’s securities market. Aimed at curbing misuse and ensuring market stability, these measures require stringent compliance from market intermediaries and Market Infrastructure Institutions (âMIIsâ). The regulations balance innovation in financial technology with investor protection, mandating legal agreements and annual assessments for data sharing. By permitting delayed public access to price information for educational purposes, SEBI seeks to enhance transparency while deterring speculative activities. This regulatory framework underscores SEBI’s commitment to fostering a fair and secure securities market environment.
Read More
Fan fiction and fan art have generated a symphony of creation that has peaked as a boisterous revolt. They have advanced from the underground to the front, establishing a parallel narrative universe that dances on the verge of mainstream awareness and irreversibly alters how narratives are communicated. As a result of the fact that they are theoretically based upon original works of art, fan-art and fan fiction are officially considered to be examples of derivative works. What exactly is the source of the problem? A problem occurs whenever there is a danger to the original authorâs right to maintain their exclusivity. In line with the law of intellectual property rights, every artist is given protection for their work. This is the reason why fan fictions provide a significant challenge to the copyright characteristics of the original artwork. Fan fictions are considered secondary art, and as such, they present a significant risk of copyright infringement.
Read More
There has been immense technological development in the space sector in the past few decades, which has created a situation where the sustainability of the space sector is in question. Space preservation becomes even more pivotal as it is intrinsically linked with our future; hence, this paper aims to explore the intricate nuances of space exploration and the subsequent debris generated from it, the Indian perspective, and the role played by the international legal system. This paper also reflects the failure of international law and the means that could be employed to redress the issue. The paper also presents a point of view of the third-world economies and argues for not only a sustainable space but for a consensus where the management of space debris also allows for equality.
Read More
The last date for submission of the Blogs has been extended to 27th August 2024 Organised by DNLU Student Law Journal, in collaboration with Seven Seas Partners LLP & Centre for Research in Air and Space Law, MNLU (Knowledge & Supporting Partner) About the Competition DNLU-SLJ is honoured to have a collaboration with Seven Seas Continue reading
Read More
How wise is it to cherish the fruits of a poisoned tree? This question has been discussed in several criminal procedure and evidence-related cases in the past years. There have been numerous instances where incriminating evidence has been produced, yet it is not admitted because it was obtained illegally. The law, prima facie at least, appears to conform with the âfruits of the poisoned treeâ doctrine and tainted evidence is usually not admitted, be it a case of police brutality or violation of the due process of law to obtain necessary evidence or confession to put anyone behind bars.Â
However, a very peculiar exception to this general rule is emerging in the family courts where the spouse is allowed, if not encouraged, to obtain evidence by whatever means necessary. In this light, the authors argue that admitting evidence obtained through cyber-stalking encourages violation of the fundamental rights of the spouse and, therefore, must not be permitted.
Read More
Abstract Anvita Duttâs âBulbulâ has been hailed by many as a marvel of modern horror. It follows the woeful tale of a young girl, Bulbul, who, upon being subjected to heavy physical and sexual abuse, undergoes a supernatural transformation and exacts revenge upon the abusive men of her village. With the movie attaining its driving Continue reading
Read More
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
Read More