Online Certificate Course In Clinical Law by MELIORA LEGAL CENTER
Legal research and writing skills are crucial for a bright future in the legal arena. The clarity and professionalism reflected in your works will go a long way in securing your clients. Whether you are part of a research team or a big shot lawyer, or a student at a law school, it is your research and writing skills that will make you stand out. ABOUT MELIORA LEGAL CENTER: Meliora Legal Center is the ultimate destiny of dispute resolution that purposefully evolved to serve individuals, families, and various partnerships and businesses. It is well equipped to provide swift and satisfactory dispute resolution services for which it has a team of lawyers, mediators, and psychologists. They provide dispute resolution services for all sorts of civil disputes ranging from matrimonial dispute to business or partnership dispute; property dispute to consumer dispute at your doorstep ABOUT THE CERTIFICATE COURSE: The course is divided into three activities- 1) Learning the basic skill sets of primary research and secondary research. 2) Learning the drafting and formatting style along with the case briefing. 3) Learning presentation and argument skills to demonstrate your expertise. For full information on the course, please visit our link: PERKS: Course completion certificate with the performance report. Opportunity to intern with Meliora Legal Center (to top performers) IMPORTANT DATES: Course commencement: February 1, 2021 Last date to register: January 30, 2021 FEES: Basic Certificate Course- INR 699 Advanced Certificate Course- INR 1100 The soft copy of the certificate is e-mailed free of cost. For the hardcopy INR 200 is charged against the printing and courier charges. PAYMENT DETAILS (Kindly keep a screenshot with you): Paytm: 9654338189 UPI: 9654338189@paytm REGISTRATION DETAILS: CONTACT INFORMATION: WhatsApp Group: LinkedIn: Instagram: Facebook: Twitter: For any query, mail at ,
National Green Tribunal is a specialized body which was set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of civil cases relating to environmental protection, conservation of forests and other natural resources. It replaced the existing National Environment Appellate Authority of the Ministry of Environment and Forest. There were many reasons behind the setting up of the National Green Tribunal. The cases of Indian council for Enviro-legal action v. union of India, M.C. Mehta v. Union of India and A.P. Pollution control board v. Professor M.V Nayudu triggered the need for environmental courts. The Law Commission of India (186th Report 2003), based on a review of the technical and scientific problems that came before the courts and the inadequacy of judicial knowledge on the scientific and technical aspects of environmental issues, recommended the establishment of environmental courts. India became the third country in the world to set up a specialized environmental tribunal, after Australia and New Zealand. There are five places of sittings of the NGT; New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four seats of the tribunal. The other four are also called the zonal benches. These zonal benches ensure that the tribunal is accessible to more people. Apart from these, there are circuit benches as well, in Shimla, Jodhpur, Shillong etc. The Tribunal has jurisdiction over all civil cases which involve a substantial question relating to environment, which includes enforcement of any legal right relating to environment. It is a quasi-judicial body which possesses original jurisdiction on filling of an application or appeal as well as appellate jurisdiction to hear those appeals as a court. However, unlike normal courts which have the power to adjudicate upon all types of disputes, NGT only has the power of enforcing laws on administrative agencies. The tribunal is guided by the principles of ‘natural justice’ and its orders and awards fall in concurrence with the principles of sustainable development, the precautionary principle and the polluter pays principle. Over the years NGT has played a significant and critical role in environmental regulation. It has passed strict orders on issues ranging from pollution to deforestation to waste management. In 2012, NGT suspended the MoU which was signed between POSCO (steel company) and the government of Odisha to set up a steel plant. This was seen as a radical move for the protection of the local communities and forests. In the case of Alaknanda Hydro Power Co.Ltd vs Anuj Joshi & Ors, NGT ordered the company to compensate the petitioner by applying the principle of ‘polluter pays’. The three-day World Culture Festival (WCF) organized by Sri Sri Ravishankar’s Art of Living Foundation on the Yamuna Plains was declared as violating the environmental norms and causing environmental degradation by the NGT; the panel also imposed a penalty of Rs. 5 crore on them. In another significant decision, the NGT, in 2017 imposed an interim ban on plastic bags of less than 50-micron thickness in Delhi because “they were causing animal deaths, clogging sewers and harming the environment”. The more recent would be the order passed by the NGT in the Vizag Gas leak case; in which the tribunal rejected the petition for the review of the order asking for the payment of Rs. 50 crore as damages. The tribunal also said that LG Polymers had “absolute liability” in the case. The structure of the Tribunal comprises of the Chairperson (appointed by the central government with the consultation of the chief justice of India), the Judicial Members and Expert Members. This structure helps in giving better results as the decision making process has the inputs of people from the scientific as well as judicial field. Studies conducted on the effectiveness of the tribunal suggest that the presence of the expert members promotes pro-environment results while keeping in mind the uncertainties of science and technologies. National green tribunal has been playing a proactive role in shaping the environmental jurisprudence in India. Today, the status quo of environmental jurisdiction in India is recognized internationally. By May’2020 the tribunal had already disposed 29760 cases, where it is important to note that it is mandated to make disposal of appeals within 6 months of filing of the same. In recent years the tribunal has made remarks, passed orders and given directives on a vast array of matters that range from noise pollution to bio-medical waste management. The past decade has also witnessed an emerging participation from the civil society in matters of environmental concern. The people at large are becoming more aware about the issue of environment degradation, and are in turn becoming more vocal on various platforms. Like in one instance, the NGT initiated proceedings on the basis of a news article published in ‘The Hindi’ on the increasing pollution of rivers. Another example would be, when there was a social media outrage on the death of a pregnant elephant in Kerela caused by consumption of a pineapple loaded with explosives, the tribunal took suo moto cognizance of the case. Also, relying on wide media coverage of air pollution in Northern India, the tribunal banned firecrackers where air quality is ‘poor’. However, with such upsurge in cases involving matters that fall under the ambit of the NGT, it can’t be ignored that there is a lack of manpower in the body; considering the pressure of disposal of cases within 6 months. Another major challenge being faced by the tribunal is the increasing number of writ petitions filed in the High Courts, challenging the orders of the NGT. The NGT Act states that the orders of the tribunal can be challenged in the Supreme Court, but there is lack of clarity on what kind of decisions can be challenged in the High Courts. Since NGT is a statutory body and the High Court being a constitutional body, the latter holds more power. The increasing invocation of Article 226 is becoming a concern since it dilutes the point of lessening the burden of courts, which was one of the purposes of setting up the tribunal. Overall the NGT has been quite effective and not been proven as a toothless tiger. The progress of environmental justice in India has shown a positive trend. The handling of cases by the tribunal, the suo moto actions taken by it and the delivery of justice, reflect the idea that the judiciary is there for everyone. The NGT works to ensure that every citizen can enjoy his right to have a pollution free environment. But for better results the tribunal should be given more autonomy and power.
5th National Article Writing Competition: Team Attorneylex
About the Organization Team Attorneylex is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. We aim to guide the law students in their legal research, content writing, case analysis, read or understand the judgments passed by the courts, etc. because we believe that these things are an essential part of the legal profession. Along with the other activities the endeavour is to deliver legal help to the sectors of society which are unable to access existing legal services due to illiteracy and poor economic conditions. About the Competition Team Attorneylex is organising its 5th National Article writing competition for all those who want to show their research and writing skills and are not able to find the perfect stage; here, we are giving them a chance to show their talent. TOPIC: Any Contemporary Legal Issue. Eligibility Any enrolled student of school/ university/ college, graduate/postgraduates, academicians, advocates, and anyone who can express through the words. Language: English or Hindi. The Submission Guidelines Are- ● Word Limit – 1500 – 2000 (inclusive of footnotes) ● Co-authorship is allowed (maximum two co-authors) ● All submission must be sent at ● The subject of the email should be “Submission: Article Writing Competition.” ● Write-up must be original and unpublished. ● Submissions with plagiarised content and copyright issues will be rejected outrightly. ● The decision of the judges shall be final and binding. ● Font Size -12 ● Font Style – Times New Roman ● Citation – 19th Bluebook The submission shall also be accompanied by another Word document consisting of a Cover Letter mentioning the Name of the Author/s; Name of the Institution/College/University; Designation; Year of Study (if applicable); Email ID. Registration Fees Single Author – 100/-( Early bird offer Rs.80, till 25th January ) Two Authors – 150/- ( Early bird offer Rs. 130, till 25th January ) Three Authors- 200/-( Early bird offer Rs. 180, till 25th January ) Important Dates Last date of payment and registration: February 12, 2021 Last date of submission: 11:59 PM, February 13, 2021 Declaration of Results: 18 February 2021 Prizes ● Winner: Cash prize Rs. 2000/- + Certificate of Merit + Article publication on the website/Journal + Online Internship opportunity with the Team Attorneylex. ● Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Article publication on the website/Journal + Online Internship Opportunity with Team Attorneylex. ● Top 10 Performers: Certificate of Merit + Article publication on the website/Journal + Online Internship Opportunity with Team Attorneylex. ● E – participation Certificate will be provided to all the participants. Payments details Paytm/ G-pay/Phonepe- 9616696008 (Gaurav yadav) Bhim UPI- 9616696008@upi Bank details- Name- Gaurav Yadav Bank – Punjab National Bank Account Number- 03842193000248 IFSC Code- PUNB0018300 Registration Link Website Link If you have any queries feel free to contact Vanshika - 07055460463 Gaurav - 09616696008 Email- Post Link: attorneylex.in/2021/01/15/5th-national-article-writing-competition-team- attorneylex/
CV DRAFTING & REVIEWING WORKSHOP BY NEETI SHASTRA WITH ADV. PRATIK HARSH
ABOUT THE SPEAKER Advocate Pratik Harsh, Partner of Vidhinyas Solicitors & Associates specializes mainly in matters related to Intellectual Property Law, Family Disputes, and Commercial Contracts. He has worked as a legal advisor in a couple of significant groups such as the Kalyan Group and Carlson Group. He is skilled in IPR filings, Legal Documentation, and conducting corresponding legal formalities. He has previously been associated with Sai Krishna Associates IPR law firm and assisted them in Legal Documentation, IPR filings, and other legal formalities involved in making cinematographic films. ABOUT THE WORKSHOP Kindly note, We will only have an intake of ten students for this workshop to provide a personal experience. The first half an hour would be dedicated to questions you want to ask or discuss with our Founders, Mr. Rahul Sharma and Ms. Parishkriti Atri, regarding applying for internships via Neeti Shastra. Pratik Sir will be taking the next one hour to review and aid each one you in correcting the contents of your CV and help you draft a better one. You can also seek career-related guidance from Sir. IMPORTANT DETAILS Date: 16th January 2021. Time: 3:30 PM- 5 PM. Charges: Rs 350 per student. PAYMENT: (Kindly keep a screenshot with you) Paytm- 9654338189 UPI- 9654338189@paytm REGISTRATION LINK: IMPORTANT: Only the first ten students to submit the form will be confirmed via a WhatsApp message. The form will close immediately after the required registrations are received. For any queries, reach out at
INTERNSHIP OPPORTUNITY WITH TAG & BENCH ASSOCIATES BY NEETI SHASTRA
ABOUT NEETI SHASTRA: Neeti Shastra (www.nscorpus.com) is a one-stop platform for the legal fraternity with the most unique services. Founded with the goal to assist law students to gain practical exposure during their law school, Neeti Shastra’s continued efforts towards this cause have led to the formation of Networking Groups comprising over a thousand law students from around the country engaging in fruitful discussions and deliberate exchange of legal knowledge. Apart from this, our dedication also extends to assisting recruiters in the field of law in finding suitable interns and job candidates for their organizations via Associations with us. We operate with the aim of easing the hiring process for both candidates and recruiters.
ABOUT THE FIRM: The firm is built for the modern technology company. They help clients keep their business protected and grow confidently, by providing high-quality legal services designed to serve today's fast-growing tech companies. Their practice areas include Regulatory & Compliance, Corporate & Commercial Advisory, Corporate Governance, CSR, Employment & Labour Laws, M&A, POSH, amongst others.
ABOUT THE OPPORTUNITY: The firm has invited applications for a virtual internship in Match, 2021 through Neeti Shastra. We will be doing a preliminary check and the selected candidates will do heavy research, write articles, and take meeting notes, amongst other work. The stipend is paid as per performance.
HOW TO APPLY: Fill in your details in the link given below. Make sure you read the questions and our blacklisting guidelines carefully before submitting your answers.
Deadline: 2 PM, 1st February 2021.
NOTE: Applications for internships are only accepted through this link. Applications through any other source will be straightaway rejected.
NOTE: You can access Neeti Shastra’s exclusive CV DRAFTING & REVIEWING WORKSHOP to improve your internship applications here:
INTERNSHIP OPPORTUNITY WITH RAJESH KUMAR AND ASSOCIATES BY NEETI SHASTRA
INTERNSHIP OPPORTUNITY WITH RAJESH KUMAR AND ASSOCIATES BY NEETI SHASTRA ABOUT NEETI SHASTRA: Neeti Shastra (www.nscorpus.com) is a one-stop platform for the legal fraternity with the most unique services. Founded with the goal to assist law students to gain practical exposure during their law school, Neeti Shastra’s continued efforts towards this cause has led to the formation of Networking Groups comprising over a thousand law students from around the country engaging in fruitful discussions and deliberate exchange of legal knowledge. Apart from this, our dedication also extends to assisting recruiters in the field of law in finding suitable interns and job candidates for their organizations via Associations with us. We operate with the aim of easing the hiring process for both candidates and recruiters. ABOUT THE FIRM: The firm is one of India’s foremost full-service business law firm, offering an extensive range of advisory, transactional, compliance, and litigation services. Their practice areas are General Corporate, Tax, International Trade and Investment, Economic Offences, and Private Wealth Law. ABOUT THE OPPORTUNITY: The firm has invited applications for an offline ASSESSMENT INTERNSHIP (Ghaziabad, UP) in April 2021 through Neeti Shastra. We will be doing a preliminary check and the selected candidates will be developing knowledge and insight in a specified law practice area and doing Legal Research/Writing. The main aim is to test their suitability for law practice. The stipend is Rs 10,000. HOW TO APPLY: Fill in your details in the link given below. Make sure you read the questions and our blacklisting guidelines carefully before submitting your answers. Deadline: 2 PM, 25th January 2021. NOTE: Applications for internships are only accepted through this link. Applications through any other source will be straightaway rejected. CONTACT INFORMATION: WhatsApp Group: LinkedIn: Instagram: Facebook: Twitter: For any query, mail at ,
The topic of nationalism vs regionalism needs to be discussed under two subheadings- 1)Indian/political context 2)International context Nationalism and regionalism have been a burning issue especially in extremely diverse countries like India. It is, infact, a human tendency, to associate oneself with their society and region more rather than the entire nation. Reasons for this are simple- one cannot associate oneself with something one hasn’t really interacted with. We cannot expect a Keralite to have equal amount of interest in what’s happening everywhere in a country in respect to what is happening in his or her state. Same goes for people of all regions. India is a diverse country. There are significant differences in dialect, clothes, food habits, societal views, political opinions etc, as one traverses west to east and north to south. There is a stark difference in culture, traditions and languages as one traverses from one region to another. This has invariably led to the demand for more and more states as people fail to associate themselves with everyone in the existence of territorially large state with comparatively more diversities. The best example for this is the recent creation of the state of Telangana. On this case, regionalism prevailed so much more than nationalism that entirely new state had to be made to adhere to common citizens' views. The cases of clashes due to regionalism at its centre are no new phenomena. Demand for Dravida Nadu, Telangana movement, Shiv Sena against Kannadigas, Kashmir issue, Demand for Bodoland, Khalistan Movement, etc. are all examples of regionalist movement. It has been seen in India that the Centre is not very fond of segregating the country into more states. There was huge uproar during creation of Telangana too. Our former Prime Minister, Pt. Jawaharlal Nehru was against this idea of fragmentation of country into smaller states as he believed this affects the integrity and sovereignty of the country. However, with the changing times it is seen that dividing a larger state into smaller one actually helps in its better and efficient administration. Due to increasing pressure from the regional forces, the state of Andhra Pradesh was the first state to be segregated from the Madras Presidency followed by others. It can be said that the Centre has done commendable job to keep a balance between nationalism and regionalism and has taken adequate steps so that these notions do not get extreme. It has adhered to a balanced approach where it takes adequate measures to ensure the representation of the States while simultaneously not harming the integrity of the country. Regionalism in International Relations. Regionalism, in context with International relations, mean the cooperation of regional powers to achieve harmonious trade and geopolitical ties with other international bodies. ASEAN, SCO, SAARC, etc. are some examples of such regional ties. They are required so that the world powers might not bully the other weaker nations and subjugate them. It prevents the taking of undue advantages of the weaker nations. On the other hand, Nationalism banks on jingoism in the International context. It is necessary to keep a check on nationalism as excessive use of it might lead to conflicts in the International arena. It could create hostilities between countries which might lead to economic losses or even cold war. A nationalistic outlook is followed by protectionistic trade policies, which could debilitate a country’s economy and markets severely. But, retaining one’s own identity in the international arena is also of utmost importance in order to make sure that the country is not taken advantage of. The most recent example of Nationalism is Donald Trump’s Make America Great Again Campaign. Conclusion Both nationalism and regionalism are two sides of the same coin. They are both equally important. While one maintains the integrity of the country, the latter brings practicality into play. For any developing nation, both should be given equal importance in a way that it does not hamper the economic growth of the country. This would lead to an efficient administration and would open up various possibilities of maximizing opportunities for sustainable development of the country. Authored by Arshita Anand
Protection of Trade Secrets in the Light of Business Law
1.Introduction Business in the modern world is a major force in the development trajectory of a state. There can be a number of businesses that represent the same field, but those businesses have different characteristics and strategies. Therefore, each business has its own unique characteristics and on top of that you can see a united consumer community around that business. Often these businesses differ from each other in the uniqueness of the trade secrets they follow. Therefore, there are certain laws to protect trade secrets in order to create fair business competition in society. Securing trade secrets has become a challenge in the face of globalization and the development of information technology. Therefore, the protection of trade secrets from this article is intended to be considered from a business law perspective. 2.What is a Trade Secret? According to the World Intellectual Property Organization's (WIPO) website, a trade secret is an intellectual property right to confidential information that can be sold or licensed. It states that there are three basic requirements that must be met in order to become a trade secret. Commercial value since confidential Only a limited number know the trade secret. Have taken reasonable steps to protect trade secrets. Different methods can be used to protect, seize and disclose trade secrets under each jurisdiction, but the above three features have been identified as common features of a trade secret. In discussing what trade secrets belong to, it can be pointed out that this can be identified under the sections. Technical Information: Manufacturing Process, Experimental Research Data, Software Algorithms. Commercial Information: Distribution Methods, List of Suppliers and Clients, Advertising Strategies. In addition to the above conditions, Financial Information, Formulas, Recipes and source codes are also included. According to RK Dewan and Company Website, "A trade secret is a process by which an organization keeps a secret to gain a competitive advantage, such as IT knowledge, customer lists, supplier details, pricing, product policies, product launch schedules, business plans, and so on." Trade secrets have been defined by various theories, but no one acceptable definition has been proposed. However, the fact that trade secrets are still the driving force behind business in the world proves that looking at many of the world's most profitable businesses based on basic trade secrets. Examples include Coca Cola secret formula, Macdonald's special sauce, Google search algorithm, Bumble’s dating software, New York Times best seller list, Hyderabad fish cure asthma, Krispy Kreme doughnut recipe. 3.Why do we need a law to protect trade secrets? With the spread of globalization, the advancement of technology is at a high level. Therefore, technology and information are intertwined in information exchange and copying information. Therefore, issues related to the protection of confidential information have been created. Attempts are being made in various ways to access even the trade secrets that drive a business, and this is at great risk through illegal access. Therefore, action must be taken to prevent illegal access to trade secrets based on advanced technology. Sometimes a trade secret is based on a trusting relationship between the employer and the employee. But due to the prevalence of competitive job opportunities in modern society, job transfers also occur frequently. So the chances of trade secrets going out are high. This must therefore be remedied by a combination of labor law and business law. Under business law, fair competition is always encouraged and action is taken against unfair competition. As long as trade secrets are protected, there is no room for unfair competition. For example, when trade secrets are protected, the consumer is protected because the highest quality goods fall into the hands of the consumer. But the illegal disclosure of a trade secret has the potential to bring similar products to market at a lower price, under a different label, which affects not only the survival of the business but many other factors as well. As a result of trade secrecy protection, companies and businesses are increasingly investing in research and development, which has made a huge contribution to a state economically. It is also an opportunity to develop innovation and new knowledge. Israel, for example, discusses trade secrets to the fullest and allows for innovation. As a result, it has been able to achieve high growth in all sectors. The specialty here is that it contributes to the growth not only of large companies in Israel but also of SMEs. A trade secret lasts indefinitely. A patent, for example, lasts only twenty years. So if a trade secret can be protected and allowed by law, then a company can create as much sustainability in the business world as it can keep a trade secret. This is also due to the way trade secrets are managed, and if the existing law is strong and comprehensive, each company and business will be able to manipulate it as they see fit. Coca-Cola, for example, is now one of the top business names in the world and has kept its trade secret for over a hundred years. In particular, various methods have been used to protect the secret, and Coca-Cola ceased production in India after the 1977 Indian Foreign Regulations Act revealed Coca-Cola's formula and suggested that it should deal with another company. 17 years later, they have started production in India. Accordingly, if in some way a state does not provide the necessary facilities to protect the trade secret of a multinational company or investment or other local business, there is even a risk that the business will leave the country. Protecting trade secrets is a way to help the business world thrive. 4.Indian Legal Status Regarding Trade Secrets The statutory status of trade secrecy protection in India is silent. But the legal status of trade secrets is covered by contract law, copyright law, principle of equity and common law. As a signatory to the Trade Related Aspect of Intellectual Property Rights, it is committed to protecting undisclosed information. It is therefore clear that India also has an obligation to protect trade secrets under international law. But there has been more growth involving intellectual property law than business law. However, it can be argued that the protection of rights under intellectual property law ultimately applies to business law as well. Therefore, some commentators have argued that Indian courts may recognize trade secrets as a right to justice rather than an absolute property right. But certain statutory provisions of Indian law contain trade secrets in various ways. Section 27 of Indian Contract Act: It prevents any person from disclosing the information he or she receives as a result of the agreement. Section 72 of the Information Technology Act Section 43A of the Information Technology Act Copy Right (Amendment) Act (2012) The court should also look into how the legal status of trade secrets has developed through litigation law. The principles put forward in the Saltman Engineering Co. Ltd vs Campbell Engineering Co. Ltd judgment are specifically followed by Indian courts. One party becomes ill-gotten rich by illegally obtaining trade secrets. This is recognized by law as an unjust enrichment. John Richard Brady and Others vs Chemical Process Equipment (Pvt) Ltd (AIR 1987 Delhi 372) is a case in point. The American Express Bank vs. Priya Puri (2006) case also highlights the extent to which trade secrecy law affects economic interests. That is, "unfairly affecting economic interests through the unfair dissemination of information, such as formulas, technical knowledge, or business practices followed by the employer without further notice." A unique opportunity can also be found here in discussions that go beyond Indian litigation. In 2006, three people were arrested and even jailed for revealing a trade secret belonging to Coca-Cola to rival PepsiCo. Following this incident, Coca-Cola CEO Neville Isdel stated: “While this breach of trust is difficult for all of us to accept, it underscores the responsibility we each have to be vigilant in protecting our trade secrets. Information is the lifeblood of the company.” The views expressed in the case of Zee Telefilms Ltd vs Sundial Communication (2003 BomC R404) are important in discussing possible remedies for trade secrets under Indian law. In this case, compensation alone would not be sufficient if the victim had acted in violation of trade secrets. An injunction may also be obtained against the breach of the relevant confidentiality. But the need for a constitutional intervention to protect trade secrets in India was raised in 2008 and efforts were also made to protect trade secrets through the National Innovation Bill. It even discusses how to interpret confidential information. In 2016, attention was also drawn to the Trade Secrets Act, which was discussed as a result of a discussion between the Indian Minister of Commerce and the United States Representative on Trade Secrets Law. But the intellectual property policy was adopted in 2016, and the extent to which the protection of trade secrets is addressed in it is questionable. That is, even in that effort, an adequate constitutional law was not established. It has therefore been argued that the time has come to develop legislation on the protection of trade secrets in India. 5.The Status of International Law on Trade Secrets. Domestic law may contain laws that are required to protect trade secrets in some way or maybe not. In such a case, the assistance of international law can be enforced to enforce the rights to trade secrets created at great expense. In general, there are two major legal instruments in international law that study trade secrets. The first is Article 39 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). In particular, this Convention, which is governed by the World Trade Organization, applies primarily to intellectual property law. But this article discusses three basic features that are required to establish a trade secret. Those situations are discussed at the beginning of this article. In addition to this major international legal status, Article 10bis of the Convention for the Protection of Industrial Property (Paris Convention) also provides for this. Accordingly, it provides effective protection for the member state against the damage caused by unfair competition. But trade secrets are not discussed beyond honest usage. Accordingly, these issues can be more or less applied to the domestic law, thereby improving the business environment. 6.Conclusion The judiciary seeks to develop a law on trade secrets under various circumstances, but the need for an acceptable statutory law has already arisen. Especially then even the interpretive role can be properly performed. This will create a safer business environment as there will be stronger provisions in domestic law and international legal sources can be used to fill in the gaps if they exist. It is also a reason to encourage investors. But in many parts of the world, trade secret law is also discussed on issues related to intellectual property law. But a trade secret is different when compared to an intellectual property like a patent. Therefore, it is more progressive to focus on this under business law. You can go to court to get relief when you break the law regarding a trade secret. But it's still a trade secret. That is, if that secret is revealed, it is no longer a secret. It is also a more complicated matter how to deal with a trade secret, as it should be done in such a way that it is kept as secret as possible. That is, it is questionable in practical use. Therefore, it is time for each state to consider developing trade law on trade secrets from a new perspective. It should be an effective law rather than just a law. This is because trade secrets can be cited as a key factor in determining the future of a state. However, it is the responsibility of lawmakers to strengthen existing laws as well as to create new laws that address modern conditions. It is also the responsibility of the judiciary to interpret those laws in the commercial world. Protecting trade secrets is also an invaluable strength in many areas of business, commerce, finance, and investment as a whole. Authored by Tharuka Hettiarachchi, Faculty of Law, University of Colombo, Sri Lanka
INTERNSHIP OPPORTUNITY WITH DAVE AND ASSOCIATES BY NEETI SHASTRAABOUT NEETI SHASTRA
INTERNSHIP OPPORTUNITY WITH DAVE AND ASSOCIATES BY NEETI SHASTRA ABOUT NEETI SHASTRA:- Neeti Shastra (http://www.nscorpus.com) is a one-stop platform for the legal fraternity with the most unique services. Founded with the goal to assist law students gain practical exposure during their law school, Neeti Shastra’s continued efforts towards this cause has led to the formation of Networking Groups comprising over 1000 law students from around the country engaging in fruitful discussions and deliberate exchange of legal knowledge. Apart from this, our dedication also extends to assisting recruiters in the field of law in finding suitable interns for their organizations via Associations with us. We operate with the aim of easing the internship process for both students and recruiters. ABOUT THE ORGANISATION: The firm strives to provide extensive legal solutions covering a vast area of law. Being a full-service law firm, they have a diverse clientele from different parts of the Country. Their standing pillar of strength – Mr. Kulin Dave, who founded the Firm in his twenties, guide the firm on the path of finding the best possible legal solutions. Backed by the highly equipped and extremely hardworking research team, they ensure to deliver copacetic services. The firms practices in Corporate, Banking, Cyber Law, IPR, Family Law, Civil and Criminal Litigation. ABOUT THE OPPORTUNITY: They are inviting applications for an online internship in January, 2021 through Neeti Shastra. We will be doing a preliminary check and the selected intern will be given exposure to Drafting, researching and opining in all cross-sections of laws. HOW TO APPLY: Fill the details in the link given below. Make sure you read the questions and guidelines carefully and then submit your answers. Deadline: 2 PM, 15th January 2021 NOTE: Applications for internship are only accepted through this link. Applications through any other source will be straightaway rejected. CONTACT INFORMATION: For any queries, please reach out at or drop us a message at Join our official Whatsapp Group here:
INTERNSHIP OPPORTUNITY WITH ADVOCATE MRINMOI CHATTERJEE BY NEETISHASTRA
ABOUT NEETI SHASTRA:- Neeti Shastra (http://www.nscorpus.com) is a one-stop platform for the legal fraternity with the most unique services. Founded with the goal to assist law students gain practical exposure during their law school, Neeti Shastra’s continued efforts towards this cause has led to the formation of Networking Groups comprising over 1000 law students from around the country engaging in fruitful discussions and deliberate exchange of legal knowledge. Apart from this, our dedication also extends to assisting recruiters in the field of law in finding suitable interns and jobs for their organizations via Associations with us. We operate with the aim of easing the internship and job process for both students and recruiters. ABOUT THE ORGANISATION: Ma’am is an advocate with over six years of experience of practicing at various courts at New Delhi. Her main areas of practice include writ and appellate practice, matters related to civil recovery, negotiable instruments, family and matrimonial law. ABOUT THE OPPORTUNITY: She has invited applications for a virtual internship in January, 2021 through Neeti Shastra. We will be doing a preliminary check and the selected candidates will do Research, prepare case briefs etc. Stipend will be as per performance. HOW TO APPLY: Apply through the link below: Fill the details in the link given below. Make sure you read the questions and guidelines carefully and then submit your answers. Deadline: 2 PM, 7 th January, 2021. NOTE: Applications for job are only accepted through this link. Applications through any other source will be straightaway rejected. CONTACT INFORMATION: For any queries, please reach out at or drop us a message at Join our official WhatsApp Group here:
The principles of the police interrogation and the human rights
INTRODUCTION The police as an organization evolved in England in 1800s. Before this development, the work of police was voluntary. The term “Police” is not defined in any law of India. By general notions, police can be defined as an organization responsible for maintaining law and order in the society with the backing of the government. In a situation of grave emergency where rights of a person are violated, the person should fall back on police. Police act, 1881 is the main law that governs the police department. There are other laws to govern police as well. Sometimes, the backing of the govt. makes police ignorant and they tend to violate the human and fundamental rights. Rights which are very basic in nature and belong to every single person in the world since birth can be termed as Human Rights. These rights include right to life, liberty, freedom and many other things. Fundamentals rights are those rights that can’t be taken away by the state and is protected by the constitution of India. Fundamental rights are covered in article 12- 35 of Indian Constitution. Interrogation is a process by which police or other law enforcement agencies obtain useful information by questioning an accused. The confessions made while being in police custody is not admissible in court of law. Police uses different methods to get information. PRINCIPLES OF POLICE INTERROGATION There are no specific principles of interrogation but as police works under state, it can’t take away any human and fundamental right. There are certain things which the police need to take care of. Some of these principles are as follows: - 1.Originating from Article 3 of Universal declaration of Human Rights, people have the right to life. This is also mentioned in article 21 of Indian Constitution. Police can’t take these rights from the accused. 2.An accused undergoing interrogation must not be tortured or any punishments which take his/her basic rights. 3.Fundamental right of equality and equal protection of law must not be taken from the accused. This is mentioned in article 14 of the Indian constitution. 4.Standard method has to be followed by taking care of due process established by law. RIGHTS OF THE ACCUSED DURING INTERROGATION There are several rights that have been given to an accused for his protection. Some of the rights are discussed below: - 1.An accused in India is assumed to be innocent. He can be said guilty only after being proven guilty. The prosecution and police are responsible for proving that accused is guilty. 2.The accused can keep silent to any question asked if that statement can prove of his guilt or felony. It is mentioned in section 161(1) of CrPC. 3.Section 316 of CrPC says that police cannot threaten or force the accused to make confessions. 4.If the police cause any damage to the accused during interrogation, police might be suspended under disciplinary measures. 5. It’s not mandatory for an accuse to be taken into custody for interrogation. A normal cross-examination of facts can happen. The accused is taken into custody only when police is satisfied of his involvement in crime. 6.The accused can know the reasons for his arrest and consult lawyer for the same. It is mentioned in article 22 of Indian constitution. ETHICS OF POLICE INTERROGATION These ethics are based on concerns and rights of these three gatherings: - 1.Community 2.Interrogators 3.Suspects Members having political background have rights to security and justice. They have responsibility to work towards both of them. Common people can fulfill this duty by supporting organizations designed to foster security and justice. Then their responsibility merges with the law professionals to provide justice and security. It’s not morally correct to use methods which are ineffective or almost ineffective of pursuing justice and security. So, it’s not correct for the state agents to use methods like this. These methods might lead to the failure of their duties and harming the suspect. The interrogators should not be forced to do what a private individual may not be willing to do. Doing immoral acts in the interrogation booth might lead to several complications in the agents’ psyches. These interrogators are not disposable and should be taken care off. The rights of the suspects must be taken care off during interrogation. People have the right to refuse to answer which might lead to the loss of reputation or any other thing to protect their autonomy. People do not have the right to conceal information if they committed any crime. Even then, interrogator cannot assume that the suspect is hiding information. There’s always a possibility of accused being innocent so state cannot infringe their rights. CONCLUSION Police is the most reliable organization that works towards the maintenance of law and order in the society. This department aims to provide security to people. Sometimes, due to overwhelming trust of the people and govt. support put on the department, police tend to violate human rights of the accused or suspects. Now a day, this department might not stand to its aims and the basic principles of its foundation. Corruption might have entered into the department. Various police reforms must be taken into consideration and it has to be quick. Authored by Anurag Pandey
When should the journalists’ rights for freedom of expression be restricted?
What does our constitution say? In article 19(1) of our constitution, it is clearly stated that “All citizens shall have the right to freedom of speech and expression”. It means that every citizen can freely express their opinions regarding anything. However, it comes with certain limitations. Our constitution says that our freedom of expression should not affect the operation of any existing law. It also cannot prevent the State from making any law. Moreover, freedom of speech and expression also has certain “reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence”. The constitution has not specified anything for media houses and journalists. It is believed that freedom of speech and expression in the constitution also implies freedom of the press. Dr. Ambedkar, the chairman of the drafting committee of the constitution of India has already stated in one of his constituent assembly debates that no special mention of the freedom of press was necessary at all as the press and an individual or a citizen were the same as far as their right of expression was concerned. So, can the journalists give any kind of statement in the name of freedom of expression and speech? Not exactly. Freedom of speech and expression comes with certain limitations. One cannot reasonably give an extremely offensive statement that might harm the integrity and security of India in the garb of freedom of speech. Same applies to fake news, contempt of courts, defamation etc. One cannot publicly defame a person/ public or private organization without proper evidence giving the reason of freedom of expression. The prime example of thus has been Arnab Goswami, the Editor in Chief of the news channel Republic TV. Republic Bharat, the Hindi offset of Republic TV has been fined almost 20,000 pounds by United Kingdom’s communications regulator Office of Communications for broadcasting content with “offensive language”, “hate speech”, “abusive and derogatory treatment of individuals, groups, religions or communities”. The channel has been asked t issue an on-air apology for these offences. His channel has also been on the limelight for villainizing the Bollywood industry and maligning the entire industry on whole instead of particular individuals. The case has ben filed by DSK Legal on behalf of plaintiffs for “derogatory and irresponsible reporting by the media house”. So, freedom of speech and expression cannot be used by journalists unreasonably. Context: New Media Policy What’s the New Media Policy? The main objective of this policy seems to control the irresponsible activities of media houses. These include – Fake news Misinformation Attempts to use media to incite communal passions Attempts to use media for bringing harm to sovereignty and integrity of the nation Preach violence Any media that violates these objectives would be banned from receiving any advertisements from the government. They would also have to face legal proceedings for their wrong doings. The New Media Policy will have the power to initiate criminal proceedings against such irresponsible media houses under the provisions of the Cyber laws and Indian Penal Code. The New Media Policy is necessary because fake news and politically controversial statements might give rise to communal riots and spread of misleading information. Media holds the power to show the citizens of a country the urgency of a situation. If it starts propagating news that might led to unfavourable circumstances in the country, it becomes necessary to exercise a certain control over the press. Why is it being criticized? The New Media Policy might curb the right to free speech in India even on matters of immense concerns. Media is considered to be the fourth pillar of democracy. It is essential for a democratic country to have efficient and responsible press to be the voice of the common people. It acts as a representative of the people of the nation and has shown the government their shortcomings several times. If this power gets snatched from the nation, government might get a free pass to control the nation as per their like and any effort to voice the people might go to vain if the government start using this policy to shush the media. The court has stated time and again that the freedom of press is an essential element of a democracy and should be restricted only in certain conditions. The two integral grounds on which these restrictions can be imposed are integrity and sovereignty and security of the state. However, these restrictions must be justifiable and reasonable. There also must be a direct connection between the restriction and the objective to be achieved. These freedoms are guaranteed under Article 19 of the constitution of India. The New Media Policy is not imposing restrictions on the press directly, but it is proposing the idea of journalists and media houses being targeted for the material they choose to publish. If these targets become selective in nature, it would pose serious problems to the democratic soul that the nation claims to have. The policy is basically giving legal power to the government to criminalize and harass anyone critical of their actions. Through this an IAS or KAS(Kashmir Administrative Service) officer can decide the job of a journalist- indirectly, they have been given the power to decide what’s news and what’s not . The main aim is to kill the local media and display only those content that makes the government look good in the eyes of the people. It is trying to convert journalism into public relations. Related cases Romesh Thaper v. State of Madras and Brij Bhushan v. State of Delhi In these cases, Supreme Court held that the freedom of speech ad expression was a fundamental right that cannot be snatched from media houses and journalists. Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal Here, the court held that “The freedom of speech and expression includes the right to acquire information and to disseminate it.” S.P. Gupta v. Union of India The court held in this case that it is essential for the government to be held accountable for the work they do and that can be done only if the people know the functioning of the government. This information is provided in an efficient manner by the press and hence, for an effective participatory democracy, the freedom of speech and expression must be guaranteed to them. Conclusion Journalists must not be given absolute freedom of speech and expression as sovereignty, integrity and security of the nation are the foremost priorities. Any such statement put forth by journalists that hampers these ideals must be restricted. Content that might lead to unrest in the country, offensive statements, false news, misrepresentation - all of them must be controlled in an efficient manner. However, these limitations must be reasonable and not just a tool for the government to cloak their shortcomings. Democracy could convert to autocracy any time if these powers are not utilized by the government properly. Authored by Arshita Anand