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Relevance of Pre Grant Opposition under Indian Patent Law 印度专利法下授权前异议的相关性
India Law eJournal Pub Date : 2013-12-09 DOI: 10.2139/ssrn.2365463
S. Tripathi
{"title":"Relevance of Pre Grant Opposition under Indian Patent Law","authors":"S. Tripathi","doi":"10.2139/ssrn.2365463","DOIUrl":"https://doi.org/10.2139/ssrn.2365463","url":null,"abstract":"The opposition procedure in patent law is an important part of the system that enables parties to challenge the grant of a patent. As of now, patent applications are opposed prior to and subsequent to grant and procedure for the same is known as pre grant opposition and post grant opposition respectively. Member Countries of TRIPS, sooner or later, have adopted post grant unified system of opposition procedure as pre grant opposition leads to undue delay in grant of patent and has hit the main rationale behind incentive based patent system. The procedure during post grant procedure in various countries has been discussed at length to analyse similarities and differences. The paper underlines the position of Indian Pharmaceutical Industry in world market and economic growth rate maintained thereof. Time has come that India needs to adopt between the two, to ensure steady prosecution process and encourage research and development.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124390706","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
Working of Patents and Importation 专利工作和进口
India Law eJournal Pub Date : 2013-11-21 DOI: 10.2139/ssrn.2357963
S. Tripathi
{"title":"Working of Patents and Importation","authors":"S. Tripathi","doi":"10.2139/ssrn.2357963","DOIUrl":"https://doi.org/10.2139/ssrn.2357963","url":null,"abstract":"Working has not been defined under the Indian Patent Act. ‘Working’ has been derived from ‘work’ and ‘work’ as defined in Merriam Webster’s dictionary means that something produced or accomplished by effort, exertion, or exercise of skill, the material or piece of material that is operated upon at any stage in the process of manufacture. ‘Work’ is termed as creation, production, manufacture, employment and activities involving mental or physical effort done in order to achieve a result, according to oxford dictionary. However, in general sense, working of patent has a meaning associated with commercial exploitation of Patent that includes manufacturing as well as importation. Amid wide discussion on-going across the countries over interpretation of working of patents, there are views and counter views being put forwarded by member countries as per their interests and conveniences. In India, working of patent has decisive importance during compulsory licensing of patents and, non working may lead to even revocation under compulsory license provisions. Now this paper focuses on legal interpretation of ‘working of Patent’ as discussed in Paris and TRIPS conventions to understand as to whether mere importation of patented product amounts to working of patent or not.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"2017 22","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113966395","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
Creditability of Credit Rating Agencies 信用评级机构的信誉
India Law eJournal Pub Date : 2013-10-15 DOI: 10.2139/SSRN.2340749
Abhimanyu Singh
{"title":"Creditability of Credit Rating Agencies","authors":"Abhimanyu Singh","doi":"10.2139/SSRN.2340749","DOIUrl":"https://doi.org/10.2139/SSRN.2340749","url":null,"abstract":"Credit rating is an \"opinion regarding the creditworthiness of an entity, a debt or financial obligation, debt security, preferred share or other financial instrument, or of an issuer of such a debt or financial obligation, debt security, preferred share or other financial instrument, issued using an established and defined ranking system of rating categories” and Credit rating agency is “a legal person whose occupation includes the issuing of credit ratings on a professional basis.”In this paper the author analyses the functioning of credit rating agencies in India, obligations upon a credit rating agency, creditability of credit rating agencies and in the end author concludes the article.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128162100","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
Constitutional Implications on Financial Market in India and US: A Comparative Analysis 宪法对印度和美国金融市场的影响:比较分析
India Law eJournal Pub Date : 2013-10-11 DOI: 10.2139/ssrn.2339163
Anuradha Parihar
{"title":"Constitutional Implications on Financial Market in India and US: A Comparative Analysis","authors":"Anuradha Parihar","doi":"10.2139/ssrn.2339163","DOIUrl":"https://doi.org/10.2139/ssrn.2339163","url":null,"abstract":"The Financial market in India has gained a decent level of importance in the country. There are a lot of dealings in the everyday world taking place thus, financial market is a very important thing which the Indian Government has to take care of. Earlier at the time of framing of the constitution the financial market was not predicted to gain so much importance thus, the Indian constitution does not provide any specific provision with regard to the Financial Markets. But certainly with the run of time it has been realized well that the Financial sector is an important aspect which also need to be taken care by the Constitution, thus at times there have been certain steps or Financial reforms have been undertaken by the Indian Government under the constitutional scheme. Also this work deal with the Commerce Clause in the American Constitution which cavers the aspect of Financial market there.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115763370","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
Understanding Integrity Requirements for Government Contracts in India: A Quick Roundup of Select Legal and Regulatory Developments 了解印度政府合同的诚信要求:精选法律和法规发展的快速综述
India Law eJournal Pub Date : 2013-09-22 DOI: 10.2139/ssrn.2329352
Sandeep Verma
{"title":"Understanding Integrity Requirements for Government Contracts in India: A Quick Roundup of Select Legal and Regulatory Developments","authors":"Sandeep Verma","doi":"10.2139/ssrn.2329352","DOIUrl":"https://doi.org/10.2139/ssrn.2329352","url":null,"abstract":"This brief academic note has been prepared as background reading material for prior study by course participants at PACT-2013 at the IACA, which the author is scheduled to address on September 25, 2013. It traces certain recent legal and regulatory developments relating to public procurement frameworks in India, particularly since 2009 onwards, and examines their potential implications for fostering integrity in government contracts. To a certain extent, some of the underlying ideas and analysis contained in this note may hold value for re-examining procurement law developments in other national jurisdictions from a strict procurement integrity perspective.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122448203","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
Dalits in India: From Marginalisation to Inclusion 印度的达利特人:从边缘化到融入
India Law eJournal Pub Date : 2013-09-10 DOI: 10.2139/ssrn.2323268
V. Hans
{"title":"Dalits in India: From Marginalisation to Inclusion","authors":"V. Hans","doi":"10.2139/ssrn.2323268","DOIUrl":"https://doi.org/10.2139/ssrn.2323268","url":null,"abstract":"It is said that that India is at the threshold of a Dalit Revolution, dalits being the most marginalised people in India. This paper opens a debate on participation and poverty of dalits in India’s social and economic spheres by introducing the lens of ‘inclusion’ to arrive at a more nuanced understanding of the issue. It highlights and discusses the present conditions and challenges of India’s 167 million of oppressed and marginalised sections of society who – by and large – have for thousands of years – remained neglected and ignored in the social milieu. The dalits have suffered cumulative domination, protested several sources of deprivation, political powerlessness, exploitation and poverty. These protests and movements have no doubt given organisational shape and resulted in social awareness and political consciousness to develop self-respect and feelings of power-sharing. Economic and social “welfare measures�?, along with political reforms have tried to address vital issues in dalit resurgence. There is some transformation in this sense. The revival of ‘Ambedkarism’ and dalit movement should be assessed in this context. Despite political empowerment dalits live in situations of social discrimination, physical violence and abject poverty. Around 50 per cent of the quantum of welfare measures is still unfulfilled. We need to explore social, cultural, political and economic factors (e.g. caste, class, gender, education, state, etc) in the context of dalit people’s access to rights, resources, employment and security. The focus now needs to be on dalit emancipation, rights and inclusive growth, both within ‘dalitology’ and the new pedagogy of inclusive growth. Political reality – whether in case of agitations or administration – must admit social equality within caste dynamics. This indeed is a challenge.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122933735","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: 6
Regulatory Framework in Pharmaceutical Industry 制药行业的监管框架
India Law eJournal Pub Date : 2013-08-26 DOI: 10.2139/SSRN.2316284
Kashmira Bakliwal
{"title":"Regulatory Framework in Pharmaceutical Industry","authors":"Kashmira Bakliwal","doi":"10.2139/SSRN.2316284","DOIUrl":"https://doi.org/10.2139/SSRN.2316284","url":null,"abstract":"This paper deals with the various kinds of regulatory bodies present in the pharmaceutical industry and also covers the aspects of environmental, intellectual property rights & taxation laws which govern the pharmaceutical industry in India.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124285086","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
Deconstructing West Bengal Thika Tenancy 解构西孟加拉邦厚卡租赁
India Law eJournal Pub Date : 2013-07-13 DOI: 10.2139/SSRN.2293311
Chenoy Ceil
{"title":"Deconstructing West Bengal Thika Tenancy","authors":"Chenoy Ceil","doi":"10.2139/SSRN.2293311","DOIUrl":"https://doi.org/10.2139/SSRN.2293311","url":null,"abstract":"Over the years the Thika Tenancy laws in West Bengal have undergone widespread amendments and alterations and judicial interpretation of the same has also been varied and in accordance with changing laws. However, several disputes regarding the laws existing prior to enactments of new legislations and their applicability to different cases have called for interpretation by the Calcutta High Court and the Supreme Court of India. The following tries to elaborate upon the same.In 1949, the State of West Bengal enacted the Calcutta Thika Tenancy Act, 1949 with effect from 28th February, 1949 for better provisions relating to the law of landlord and tenant in respect of thika tenancies in Calcutta. Thika tenant means any person (including his Successors in interest) holding land under written/otherwise lease paying rental monthly/periodical to the landlord who has erected any structure for residential/business purpose except land under perpetual lease or registered lease for more than 12 years or cattle shed land for business. This Act was applicable to the lands within the Calcutta Municipal Corporation and Howrah Municipality.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"98 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132025818","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: 1
Difference between Movable and Immovable Property with the Help of Case Law (Indian Context) 从判例法看动产与不动产的区别(印度语境)
India Law eJournal Pub Date : 2013-06-20 DOI: 10.2139/ssrn.2282894
Pinkeshwar Gangwar
{"title":"Difference between Movable and Immovable Property with the Help of Case Law (Indian Context)","authors":"Pinkeshwar Gangwar","doi":"10.2139/ssrn.2282894","DOIUrl":"https://doi.org/10.2139/ssrn.2282894","url":null,"abstract":"Personal property is movable property generally refers to real property is opposite, but the law for the protection of certain movable and immovable property protection methods used to protect it, such as ships, cars and so on but they need to register as real estate. The Transfer of Property Act does not give any exhaustive definition of ‘immovable property’. This paper will discuss the legal scenario of movable and immovable property in Indian context with case laws.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114685092","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
Monopoly and Anti Trust Law: Its Development and Significance 垄断与反托拉斯法的发展及其意义
India Law eJournal Pub Date : 2013-02-26 DOI: 10.2139/SSRN.2293525
Abhay Upadhyay, Sujoy Sur
{"title":"Monopoly and Anti Trust Law: Its Development and Significance","authors":"Abhay Upadhyay, Sujoy Sur","doi":"10.2139/SSRN.2293525","DOIUrl":"https://doi.org/10.2139/SSRN.2293525","url":null,"abstract":"This project tries to trace the development of anti-trust laws globally and the roots of the Indian Competition Act, which is the most efficient Competition/Anti-Trust Act in India at present. This paper saliently focuses on the aspects of the Competition Act, 2002 also analyses its very basis of existence by analyzing the MRTP Act and its deficiencies. It also tries to look at the Act from a rational and pragmatic point of view and analyses its relevance and role in the modern Indian economy with the help of a couple of relevant cases. It also holistically analyses the implication of a monopoly and its intrinsic problems for which the anti-trust laws are enacted and promulgated.","PeriodicalId":228141,"journal":{"name":"India Law eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121850071","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
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