The Boys Did Really Well !!

It is official now. IIT Law School will step forward to bring more laurels to the school. The team of Rutwik K.Rao, Vighnesh Kamat and researcher Bibhunanda Mishra stormed into finals of the Oxford University India Moot Court Competition on Constitutional Law 2013-14 organised by The Oxford University Society India alumni group. They have bagged 'the Best Memorial award' as well. Vighnesh Kamat and Rutwik...

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Breakdown of the ‘Idea- Expression Dichotomy’ Doctrine

The doctrine that, only expressions are Copyrightable and not the underlying ideas, is referred to as ‘idea expression dichotomy’ and is one of the foundation pillars of modern Copyright Law. It is because of this doctrine that non literal expressions could also enjoy a protection. The doctrine has been relied upon by the Indian Courts in a number of decisions (for e.g., see the oft quoted judgment in the case of R.G.Anand v. Delux Films, AIR 1978...

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RIGHT TO EMPLOYMENT - POSSIBLE?

Law has made great strides to improve the social fabric of this Country. In this regard, after MNREGA, now even "right to employment" is being envisaged. The relevant news report can be read here. Currently MNREGA promises employment only to unskilled workers in Rural areas.Though, it is still a mystery whether such a right is envisaged as a statutory right or a constitutional right.  The question still remains Can Right to Employment be made a reality? Especially employment to all citizens of India ?  ...

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BEWARE OF THE 'NEW PUBLIC'

The judgement of CJEU in the case of Svenssonv Retriever Sverige AB, hereinafter referred to as Svensson, sheds some light on the doubts related to hyperlinking. In the case Retriever Sverige AB (‘Retriever Sverige’) operated a website that contained hyperlinks that redirected users to press articles in the website of the Stockholm newspaper Göteborgs-Posten. Svensson, a journalist including 3 others sued Retriever Sverige AB for communication...

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PILs IN DISTRICT COURTS !!

In a very interesting development, the Chief Justice of the Andhra Pradesh High Court has raised a very interesting point about filing PIL in District Court! What is at the heart of Constitutional Law is that a PIL can only be filed in the High Court or Supreme Court and only these courts have jurisdiction to entertain the same. Any public spirited person does not have any other forum for redressal, as he has no locus standi for...

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Extending the ‘passing off’ remedy of Trademark to domain names

Domain Name In the general parlance we know that a Trademark is used to identify the products or services from a particular source (the Company from where the goods/services originate) , for example at the very moment the device through which this article is being accessed, be it a laptop, tablet, phone etc. has a Trademark say Dell, Sony, Apple, Nokia, Nexus etc. Due to the wide reach of internet to the users, almost all the companies...

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