Indian Journal of Law and Technology最新文献

Recommender Systems and Autonomy: A Role for Regulation of Design, Rights, and Transparency 推荐系统和自主权:设计、权利和透明度的监管角色

Indian Journal of Law and Technology Pub Date : 1900-01-01 DOI: 10.55496/jgdn9214

C. Djeffal, Christina Hitrova, Eduardo Magrani

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引用次数: 0

Amazon’s Competition Investigation in India: A Case for Expansion of Investigation and Grant of Interim Relief 亚马逊在印度的竞争调查:扩大调查范围与给予临时救济的案例

Indian Journal of Law and Technology Pub Date : 1900-01-01 DOI: 10.55496/zipl6280

Madhavi Singh

{"title":"Amazon’s Competition Investigation in India: A Case for Expansion of Investigation and Grant of Interim Relief","authors":"Madhavi Singh","doi":"10.55496/zipl6280","DOIUrl":"https://doi.org/10.55496/zipl6280","url":null,"abstract":"In the last few years, associations of domestic retailers have become vociferous opponents of Amazon’s practices in India. In response to complaints of anti-competitive conduct, the Competition Commission of India has initiated an investigation into Amazon’s anti-competitive vertical agreements in online smartphone retail. Against this backdrop, Reuters published a series of investigative reports which indicate that Amazon used internal data of third-party sellers and engaged in preferential treatment of private labels and preferred sellers. The Reuters reports join a series of other reports and studies which reveal that such conduct is pervasive across product categories. In light of this information, this paper makes two broad arguments. First, the paper argues that the scope of the competition investigation in India should be broadened beyond smartphones. The investigation should be reoriented to focus on the relationship between Amazon and its preferred sellers or retailers more broadly, rather than bifurcating the investigation along the lines of separate product categories. Second, the paper argues that the publicly-available information is sufficient to satisfy the legal test for passing an interim order. Such an interim order should prohibit Amazon from acting in the dual capacity of marketplace and seller. The necessity of the interim order has been highlighted through reference to the potentially irreparable and unquantifiable harm done to competition and consumers and the protracted nature of competition proceedings which might render the final order redundant.","PeriodicalId":106680,"journal":{"name":"Indian Journal of Law and Technology","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129934656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Encryption in India: Preserving the Online Engine of Privacy, Free Expression, Security, and Economic Growth 印度的加密:保护隐私、自由表达、安全和经济增长的在线引擎

Indian Journal of Law and Technology Pub Date : 1900-01-01 DOI: 10.55496/hgck9762

Greg Nojeim, N. Maheshwari

{"title":"Encryption in India: Preserving the Online Engine of Privacy, Free Expression, Security, and Economic Growth","authors":"Greg Nojeim, N. Maheshwari","doi":"10.55496/hgck9762","DOIUrl":"https://doi.org/10.55496/hgck9762","url":null,"abstract":"This article argues that the traceability mandate imposed in India by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 undermines encryption and negatively impacts cybersecurity as well as the fundamental right to privacy. In doing so, it explains how the traceability requirement fails the necessity and proportionality test laid down by the Indian Supreme Court in the Puttaswamy judgment, wherein it held that the right to privacy is a fundamental right under the Constitution of India. Further, the article makes a case for why encryption is important for protecting privacy, free expression, and other human rights, and also for bulwarking the economy, preserving democracy, and ensuring national security. Part I of the article provides a background on how encryption works and the purpose it serves in the digital era. Part II analyzes the trajectory of encryption policy in India and the relevant legal frameworks. Thereafter, Part III explains the traceability mandate under the New Intermediary Guidelines and its effect on encryption, and consequently, the impact on cybersecurity and the right to privacy. It assesses whether it meets the requirement of necessity and proportionality as set out by the Supreme Court. Finally, Part IV explains that encryption should be protected and encouraged because it guards against unwarranted surveillance and preserves privacy and expression, is a crucial tool to protect human rights in the digital age, strengthens national security, and benefits the economy","PeriodicalId":106680,"journal":{"name":"Indian Journal of Law and Technology","volume":"215 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122380708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Building Digital Walls and Making Speech and Internet Freedom (or Chinese Technology) Pay for It 建立数字墙，让言论和互联网自由(或中国技术)为此付出代价

Indian Journal of Law and Technology Pub Date : 1900-01-01 DOI: 10.55496/leme6374

Apratim Vidyarthi, Rachel Hulvey

引用次数: 1

Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India 生物多样性和农业中植物品种和传统知识的特殊保护:菲律宾和印度的国际框架和国家方法

Indian Journal of Law and Technology Pub Date : 1900-01-01 DOI: 10.2139/SSRN.2617565

C. Antons

{"title":"Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture: The International Framework and National Approaches in the Philippines and India","authors":"C. Antons","doi":"10.2139/SSRN.2617565","DOIUrl":"https://doi.org/10.2139/SSRN.2617565","url":null,"abstract":"The so-called 'biotechnology clause' of Article 27.3(b) of the WTO-TRIPS Agreement requires from member states protection for plant varieties either via the patent system or via an 'effective sui generis system' or by a combination of the two. Many developing countries prefer forms of sui generis protection, which allow them to include exceptions and protection measures for traditional agricultural practices and the traditional knowledge of farmers and local communities. However, 'traditional knowledge' remains a vaguely defined term. Its extension to biodiversity has brought a diffusion of the previously clearer link between protected subject matter, intellectual property and potential beneficiaries. The Philippine legislation attempts a 'bottom-up' approach focusing on the holistic perceptions of indigenous communities, whereas national economic interests thus far receive priority in India’s more centralist approach. Administrative decentralisation, recognition of customary rights, disclosure requirements, registers of landraces and geographical indications are discussed as additional measures, but their implementation is equally challenging. The article concludes that many of the concepts remain contested and that governments have to balance the new commercial incentives with the biodiversity considerations that led to their introduction, so that the system can be made sufficiently attractive for both knowledge holders and potential users of the knowledge.","PeriodicalId":106680,"journal":{"name":"Indian Journal of Law and Technology","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128790656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 10