Parenting and Law
Licensing In order to understand the concept of licensing of intellectual property rights, we must first understand what a license is. A “license”, simply understood, is a permit or consent given by the owner of a property to another, authorising such other person to use the said property. Licensing is a contract between two parties,... Continue Reading →
What is a Copyright? Simplistically speaking, a Copyright is an intellectual property which gives to its owner, the exclusive right to make copies of a creative work. A copyright gives a bundle of rights to the copyright-holder, including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. While this... Continue Reading →
Individuals negotiate constantly. Companions negotiate to choose where to eat. Kids negotiate to choose which TV program to watch. Organizations negotiate to buy materials and sell their items. Legal counsellors negotiate to settle lawful cases previously they go to court. The police negotiate with psychological militants to free prisoners. Countries negotiate to open their outskirts... Continue Reading →
Scope of Licensing The scope of the license refers to the degree of control and rights that it grants to the Licensee. The scope of a license depends on the kind of license. An Exclusive License grants absolutely exclusive rights to the Licensee, even excluding the Licensor. Sole Licenses permit the Licensor and the Licensee... Continue Reading →
Most of the aviation is carried out internationally. Therefore, the world community came together to unify the international rules and drafted multilateral conventions. These multilateral conventions aimed at securing the protection and safety of the public. One such Convention was formulated and is known as the Convention on International Civil Aviation of 1944 or commonly... Continue Reading →
In India the earliest legislation that has been formulated to regulate the aviation industry was the Indian Airships Act of 1911. The Act has been enacted with the intent to control the possession, manufacture, import and export, use, and the sale of the Airships. However, in India till the late twentieth century there was no... Continue Reading →
What is mediation? Any Dispute resolution may be done through two ways. One is by adjudication which is binding process where a decision is given by third party. The second method is by negotiation which is non-binding and it is done through negotiation between the parties.A binding dispute resolution may be done any of the... Continue Reading →
Since the inception of trade practices, it could be observed that when two people decided to trade or enter into a transaction with each other, there would always be a possibility that some form of misunderstanding would creep in. With evolved times and with an evolved legal system, the legal mechanisms were viewed as a... Continue Reading →
Generally, when a dispute arises, the parties take the issue to a court which will adjudicate it based on the facts and applicable laws. In this process, one party will face a loss while the judgment or decree or order favors the other.To satisfy both the parties and to dispose of the issue in a... Continue Reading →
Another remarkable addition to the branch of private international aviation law is the Convention on International Interests in the Mobile Equipment of 2001 or commonly referred to as the Cape Town Convention. The anticipation with the Cape Town Convention was that it will have the effect of reducing the financing costs and will ease the... Continue Reading →
In civil aviation, hijacking or the unlawful seizure of an aircraft has been a persistent threat to the security of the passengers. Significantly, the occurrences of hijacking escalate in the early ’70s, and thus, to address this concern several countries sought to have a specific convention on the hijacking. Therefore, the request was made to... Continue Reading →
Anti-Competitive Agreements In horizontal agreement, an agreement is formed between two or more businesses which are at the same level of business, for example, manufacturing, distribution, etc. So, an agreement between the top five manufacturing plants in the nation would be a horizontal agreement that is anti - competitive, if they take part in those... Continue Reading →
The Warsaw Convention or formally the Convention for the Unification of Certain Rules Relating to International Carriage by Air is an international convention that standardizes the responsibility for international carriage of persons, goods, or luggage done by aircraft for reward. In 1929 it was signed in Warsaw, and it got revised at The Hague, the... Continue Reading →
What is Infringement? Infringement is the act by which a person not authorised to use an intellectual property, uses it, without the permission/consent of the authorised proprietor/owner/author. What constitutes infringement for one form of IP, may not constitutes infringement for another. The test for whether an IP has been infringed or not differs on the... Continue Reading →
The advancement of aerial navigation has changed the modes of transportation. To synchronize with the global developments, air navigation in India also grew. Further, India was a party to many international conventions relating to air carriage and therefore, for regulating international air carriage, India had to make its domestic laws in consonance with the international... Continue Reading →
Automobiles Case Hopefully, you remember the case ofthe Shamsher Kataria automobiles case. To quickly recap, it was alleged in this case that the car manufacturers were indulging in anti competitive practices regarding the supply of spare parts and technological know how that are required for routine maintenance and repairing of the cars that they sold.... Continue Reading →
History of COMPAT In the Competition (Amendment) Act, 2007, the Competition Appellate Tribunal, COMPAT, was established for better resolution of some problems. Before this, if a party was not pleased with the order of the CCI, it had to file an appeal in the Supreme Court. The COMPAT was established to reduce overcrowding by competition... Continue Reading →
Establishment of CCI The establishment of CCI is closely related to the evolution of competition law in India. As we know about how the Competition Act, 2002, replaces the previously existing Monopiles and Restrictive Trade Practices (MRTP) Act of 1969. It is with the advent of the Competition Act, 2002, that the Competition Commission of... Continue Reading →
Appointment of Arbitrators All Disputes, which are of civil nature, may be resolved at any of the following two forums i.e. the formal system of redressal through conventional system i.e. Courts and Tribunals, or Alternate Dispute Resolution (ADR) which includes Mediation, Conciliation, and Arbitration. Keeping in view the condition of the formal legal procedure, it... Continue Reading →
From its inception, the main aim of the international air law has been to formulate a uniform system of laws across jurisdictions. Since aviation links different lands with different customs, languages, and legal systems it was at the outset very desirable to maintain a degree of uniformity. Therefore, the objective was to establish a uniform... Continue Reading →
Aishwarya Sandeep 