ORIGINAL RESEARCH ARTICLE | March 30, 2018
The Development and international protection in the formation of copyright law
Samia Hassan
Page no 1-9 |
10.36348/sijlcj.2018.v01i01.001
This paper will trace the history of copyrights from the beginning of awareness to the stage of modern law and economics movements. It gives comprehensive overview of the fundamentals of copyrights as an important form of intellectual property. It explains the basic history of copyright from the printing press to the photocopying machine. It also examines the Trade Related Aspects of Intellectual Property (Trips) era in the context of the technological advances. The Trade Related Aspects of Intellectual Property Rights (TRIPS) is considered to be one of the most important agreements in the intellectual property protection regime. A product of the Uruguay Round that established the World Trade Organization (WTO), the TRIPS agreement helped to develop the intellectual property from the national level to the international level, and from its purely conventional intellectual property (IP) perspective that was enacted in the two previous conventions of Paris and Berne to the world trade domain. It therefor laid down the minimum standard of protection that should be maintained by the countries adhering to the agreement Here we are faced with the question core point of this paper: Is future of copyrights law will be as the context as the past? is Trips era is better than the past? Is the Trips agreements is the final improvement to intellectual property rights? How can the states parties deal with the provisions of the TRIPS? Do they adopt or adapt these provisions to their national laws? How can they strike a balance between the national interests and the international obligations dictated by the Marrakesh agreement? Here I explain relation between the national legislation and the norms of globalization triggered by the Marrakesh Agreement of 1994 which concluded the Uruguay Round
REVIEW ARTICLE | March 30, 2018
Support Services to the Victims of Crime in India: An Appraisal
Samraggi Chakraborty & Nirmal Kanti Chakrabarti
Page no 10-16 |
10.36348/sijlcj.2018.v01i01.002
In the contemporary victimological research, there has been a substantial growth in the study of the aftereffects of crime on the victims and how to assist them. Apart from physical and financial loss, victims of crime suffer from emotional losses. Such emotional losses may be in the form of depression, lowering of self-esteem, post-traumatic stress disorder (PTSD). The traditional criminal justice administration is bed rocked on the concept that the victims of crime get justice when the accused is convicted and sentenced to imprisonment. In recent times experiences in many countries across the globe have shown that one of the effective way of addressing the needs of the crime victims is by establishing within the criminal justice system programs that will provide victims of crime social, financial, emotional and psychological support.
REVIEW ARTICLE | March 30, 2018
Combating Cyber Squatters in the Internet Trade Arena
Krushna Chandra Dalai & Alaka Mishra
Page no 17-20 |
10.36348/sijlcj.2018.v01i01.003
With the march of civilization, "living law" has been in continuous search for answers to the upcoming challenges. In the digital age, we are a witness to yet another technological unfurling-the technology of the Internet. The Web is a territory where caveat emptor is the rule and, as a result, consumers increasingly rely upon strong brand awareness and brand and brand performance for the confidence to engage in e-commerce. While trademarks are of greater importance in this virtual environment, they are also more vulnerable to infringement, dilution and anti-competitive practices. Trademark owners expend vast resources, engaging automated "web crawling" software and cyber surveillance firms, to monitor the billions of web pages and protect their intellectual property rights. Identity on the Internet also goes beyond the trademark system, because of the role played by the internet domain name system, which facilitates users' ability to navigate on the network. Domain names are user friendly addresses that correspond to the unique Internet Protocol numbers that connect our computers to the Internet and enable the network routing system to direct data requests to the correct addressee. Domain names were originally intended to perform a purely technical function in a user friendly way, but because they intuitive and easy to remember they now perform a function as business or personal identifiers. Most businesses, whether e-commercial or not, advertise their domain name to signal a Web presence. In this way, although, as such, not a form of intellectual property, domain names now perform an identifying functions similar to that of a trademark. Because of the way in which people and search engines operate, most businesses use their trademark or trade name as their domain name and this has caused conflict with the advent of predatory practices, known as 'cyber squatting. In this paper best effort made to limelight the trade mark issues in the cyber space and reforms yet to be in inquest.
REVIEW ARTICLE | March 30, 2018
Conversions to Other Religions Vis-A-Vis Conflict of Matrimonial Laws in India: A Socio-Legal Study
Meena Ketan Sahu
Page no 21-27 |
10.36348/sijlcj.2018.v01i01.004
It has been stated in the Constitution of India that freedom of religion is one of the fundamental rights of the people. According to secularism, every citizen of the country has a fundamental right to practice his or her religion. Though practicing a particular religion or changing to other religion is a right but it is matter of great concern that people are converting to other religion due to personal interest on other religion or to get some favour or facilities. So, religious conversion has become the subject of passionate debate in contemporary India. From the early 20th century onwards, it has surfaced again and again in the political realm, in the media and in the courts. During the last few decades the dispute has attained a new climax in the plethora of newspapers, journals, and books whose pages have been devoted to the question of conversion. The most debatable question is if a person exercises the right to conversion and changes his religion then what conflict of law situations it can create under the matrimonial law? In the present paper the author has made an attempt to focus on how the people are lured to convert to other religion especially in the District of Kandhamal of Odisha and the author has tried to justify with the help of a case study. In addition to this, the author has made an attempt to define the concept of religion, religious conversion and its impact. The author has also concentrated on the religious conversion vis-a-vis conflict of matrimonial laws in the light of decided cases. At last, suggestions are made for preventing anti-conversion and to enact a comprehensive law in this regard in India