This paper assesses the basics of intellectual property in India. It explains the various kinds of intellectual property in the international arena. The prevalence of intellectual property in India can be understood in the background of major international conventions that were introduced impacting the sector of intellectual property across the world and especially in India.
{"title":"INTELLECTUAL PROPERTY: THE BASICS","authors":"Nidhi Shetty","doi":"10.59126/v1i2a7","DOIUrl":"https://doi.org/10.59126/v1i2a7","url":null,"abstract":"This paper assesses the basics of intellectual property in India. It explains the various kinds of intellectual property in the international arena. The prevalence of intellectual property in India can be understood in the background of major international conventions that were introduced impacting the sector of intellectual property across the world and especially in India.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125268218","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}
Technology is the engine that propels the planet forward. It is the practical application of scientific knowledge, especially in industry. Legal technology (also known as legal tech) refers to the tools and applications that have a significant impact on how we use legal services in our everyday lives. Legal tech has come to be synonymous with technology startups that are transforming the legal profession by providing people with online software that decreases or removes the need to see a lawyer, or by linking people with lawyers more effectively through online marketplaces and lawyer-matching websites. Technology has had a profound influence on the practice of law in recent years. Legal information has fused with machine learning, and when combined with legal books, it has a wide variety of applications in all legal fields -corporate and government alike. The primary aim of this form of technical innovation has been to improve legal office performance and clerical work productivity. Management can now compare the performance of various divisions and cost centers within an enterprise thanks to the technologies used to track internal capacities. Technology is the engine that propels the planet forward. It is the practical application of scientific knowledge, especially in industry. Legal technology (also known as legal tech) refers to the tools and applications that have a significant impact on how we use legal services in our everyday lives. Legal tech has come to be synonymous with technology startups that are transforming the legal profession by providing people with online software that decreases or removes the need to see a lawyer, or by linking people with lawyers more effectively through online marketplaces and lawyer-matching websites. Technology has had a profound influence on the practice of law in recent years. Legal information has fused with machine learning, and when combined with legal books, it has a wide variety of applications in all legal fields -corporate and government alike. The primary aim of this form of technical innovation has been to improve legal office performance and clerical work productivity. Management can now compare the performance of various divisions and cost centers within an enterprise thanks to the technologies used to track internal capacities.
{"title":"THE TECH SAVVY LAWYER – TECHNOLOGY FOR LEGAL PRACTITIONERS","authors":"Nitu Subedi","doi":"10.59126/v1i2a11","DOIUrl":"https://doi.org/10.59126/v1i2a11","url":null,"abstract":"Technology is the engine that propels the planet forward. It is the practical application of scientific knowledge, especially in industry. Legal technology (also known as legal tech) refers to the tools and applications that have a significant impact on how we use legal services in our everyday lives. Legal tech has come to be synonymous with technology startups that are transforming the legal profession by providing people with online software that decreases or removes the need to see a lawyer, or by linking people with lawyers more effectively through online marketplaces and lawyer-matching websites. Technology has had a profound influence on the practice of law in recent years. Legal information has fused with machine learning, and when combined with legal books, it has a wide variety of applications in all legal fields -corporate and government alike. The primary aim of this form of technical innovation has been to improve legal office performance and clerical work productivity. Management can now compare the performance of various divisions and cost centers within an enterprise thanks to the technologies used to track internal capacities. Technology is the engine that propels the planet forward. It is the practical application of scientific knowledge, especially in industry. Legal technology (also known as legal tech) refers to the tools and applications that have a significant impact on how we use legal services in our everyday lives. Legal tech has come to be synonymous with technology startups that are transforming the legal profession by providing people with online software that decreases or removes the need to see a lawyer, or by linking people with lawyers more effectively through online marketplaces and lawyer-matching websites. Technology has had a profound influence on the practice of law in recent years. Legal information has fused with machine learning, and when combined with legal books, it has a wide variety of applications in all legal fields -corporate and government alike. The primary aim of this form of technical innovation has been to improve legal office performance and clerical work productivity. Management can now compare the performance of various divisions and cost centers within an enterprise thanks to the technologies used to track internal capacities.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"76 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116699035","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}
In general, intellectual property rights relate to a collection of intangible assets held and legally protected by an individual or corporation from outside use or implementation without approved approval, such as invention, creativity, and contributions to the relevant area of expertise. The economic process, financial incentive, and motivation for advanced innovations engrained in the appropriate legal protection of Intellectual Property Rights demand expert, guided, and constantly updated assistance in the field of Intellectual Property Rights. With the tremendous rate of technical, scientific, and medical innovation that we are experiencing today, intellectual property has become increasingly crucial. Furthermore, developments in the global economic climate have had an impact on the creation of business models in which intellectual property is a key component in building value and prospective growth. Several new intellectual property legislations have been passed in India in order to fulfil international commitments under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. As a result, intellectual property has become one of the world's largest and fastest-growing disciplines of law, necessitating the need for specialists to deal with IP. Copyright is a broad sphere that encompasses innovations, creations, intellectual products in print, audio-visual, sign & symbol, and digital formats. Copyright is a tremendous stimulant for the social media industry, which is full of invention and innovation. Media platforms, including social media, employ creative ideas, pictures, sounds, scripts, and a variety of other tools and ways of communication for professional, commercial, and individual aspirations. All of these forms, which are generated by individuals and businesses with rigorous efforts in design, research, and development, need a significant expenditure. These projects were built through the dedication of one’s time and money has yielded a profit to the creators and it has become a source of encouragement for everybody.
{"title":"INTELLECTUAL PROPERTY RIGHTS AND SOCIAL MEDIA","authors":"Khushi Makwana","doi":"10.59126/v1i2a5","DOIUrl":"https://doi.org/10.59126/v1i2a5","url":null,"abstract":"In general, intellectual property rights relate to a collection of intangible assets held and legally protected by an individual or corporation from outside use or implementation without approved approval, such as invention, creativity, and contributions to the relevant area of expertise. The economic process, financial incentive, and motivation for advanced innovations engrained in the appropriate legal protection of Intellectual Property Rights demand expert, guided, and constantly updated assistance in the field of Intellectual Property Rights. With the tremendous rate of technical, scientific, and medical innovation that we are experiencing today, intellectual property has become increasingly crucial. Furthermore, developments in the global economic climate have had an impact on the creation of business models in which intellectual property is a key component in building value and prospective growth. Several new intellectual property legislations have been passed in India in order to fulfil international commitments under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. As a result, intellectual property has become one of the world's largest and fastest-growing disciplines of law, necessitating the need for specialists to deal with IP. Copyright is a broad sphere that encompasses innovations, creations, intellectual products in print, audio-visual, sign & symbol, and digital formats. Copyright is a tremendous stimulant for the social media industry, which is full of invention and innovation. Media platforms, including social media, employ creative ideas, pictures, sounds, scripts, and a variety of other tools and ways of communication for professional, commercial, and individual aspirations. All of these forms, which are generated by individuals and businesses with rigorous efforts in design, research, and development, need a significant expenditure. These projects were built through the dedication of one’s time and money has yielded a profit to the creators and it has become a source of encouragement for everybody.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132142998","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}
The Media Industry in India is considered as one of the biggest industries in the world and it is growing day by day. With the growth of the media industry, the amount of people claiming other’s work as their own or disturbing the exclusive rights of the creator are on the rise. Intellectual Property Rights play a huge role in media industry these days. Media Industry here, is inclusive of videos, movies, music and other content produced by creators. The huge competition that is going on in the media industry makes it necessary for the authors or the creators to copyright their content so that only they have exclusive rights over their work. Also, by doing this, their original work remains their work and no one can fake claim on it. To sum up, the basic work of a copyright, trademark and other IPRs is to safeguard the work of the creator/ author. This way, the artist can work better without any fear of being pirated. Now, let us get an insight of some basic concepts of Intellectual Property Rights such as the meaning of IPR, Copyright, Piracy, sections related to IPR which are mentioned in our Constitution, civil and criminal remedies mentioned, and the punishments prescribed for the law-breakers
{"title":"THE ROLE OF IPR IN MEDIA INDUSTRY","authors":"Arya Mirgane","doi":"10.59126/v1i2a1","DOIUrl":"https://doi.org/10.59126/v1i2a1","url":null,"abstract":"The Media Industry in India is considered as one of the biggest industries in the world and it is growing day by day. With the growth of the media industry, the amount of people claiming other’s work as their own or disturbing the exclusive rights of the creator are on the rise. Intellectual Property Rights play a huge role in media industry these days. Media Industry here, is inclusive of videos, movies, music and other content produced by creators. The huge competition that is going on in the media industry makes it necessary for the authors or the creators to copyright their content so that only they have exclusive rights over their work. Also, by doing this, their original work remains their work and no one can fake claim on it. To sum up, the basic work of a copyright, trademark and other IPRs is to safeguard the work of the creator/ author. This way, the artist can work better without any fear of being pirated. Now, let us get an insight of some basic concepts of Intellectual Property Rights such as the meaning of IPR, Copyright, Piracy, sections related to IPR which are mentioned in our Constitution, civil and criminal remedies mentioned, and the punishments prescribed for the law-breakers","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132151125","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}
The intellectual property rights (IPR) are intangible in nature and gives exclusive rights to inventor or developer for their relevant invention or creation. This right provides the inventor jurisdiction over the fabrication of his own to explore convenience if used by others. These comforts may appear in the form of regard and identification or monetary or material benefits or more. These rights magnify the contemporary environment by giving recognition and economic benefits to developers or inventors whereas the lack of IPR perception and its unproductive execution may hamper the economic, technical and societal developments of a nation. The present paper summarizes various terms of IPR such as patents, trademarks, industrial designs, geographic indications, copyright, etc. with their corresponding rules, regulations, their require and bit part especially concern to Indian context. Further, the status of India’s participation in IPR related pursuit across the world has been considered in brief. For Media department that is full of inventiveness and innovation, Copyright is a great catalyst. Media platforms including social media use new ideas, images, sounds, scripts and many more techniques and processes of communication professional, commercial and personal cause. These entire configurations that are fabricated by persons and enterprises with meticulous efforts in designing, research & development require a vast aggregate of investment also. These formations, developed after adherence of time and money, require to give dividends to the inventor and to become an inspiration for all.
{"title":"TERMINOLOGIES IN IPR AND MEDIA LAW","authors":"","doi":"10.59126/v1i2a8","DOIUrl":"https://doi.org/10.59126/v1i2a8","url":null,"abstract":"The intellectual property rights (IPR) are intangible in nature and gives exclusive rights to inventor or developer for their relevant invention or creation. This right provides the inventor jurisdiction over the fabrication of his own to explore convenience if used by others. These comforts may appear in the form of regard and identification or monetary or material benefits or more. These rights magnify the contemporary environment by giving recognition and economic benefits to developers or inventors whereas the lack of IPR perception and its unproductive execution may hamper the economic, technical and societal developments of a nation. The present paper summarizes various terms of IPR such as patents, trademarks, industrial designs, geographic indications, copyright, etc. with their corresponding rules, regulations, their require and bit part especially concern to Indian context. Further, the status of India’s participation in IPR related pursuit across the world has been considered in brief. For Media department that is full of inventiveness and innovation, Copyright is a great catalyst. Media platforms including social media use new ideas, images, sounds, scripts and many more techniques and processes of communication professional, commercial and personal cause. These entire configurations that are fabricated by persons and enterprises with meticulous efforts in designing, research & development require a vast aggregate of investment also. These formations, developed after adherence of time and money, require to give dividends to the inventor and to become an inspiration for all.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132374190","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}
In India, a host of pressing issues relating to media, entertainment industry has surfaced. With rapid growth and investment, new players on the rise, and swift technological advancements, Intellectual Property Rights (IP) security and regulation has become significant in this sector. This research paper will be focusing majorly on two components, the first amongst them is IP protection which is a civil right that safeguards a person's creation and grants a control over it, to investigate potential gains if used by others and thus, has arisen as a significant concern. As the paper proceeds, it sheds light on its second component, that the Indian entertainment and film industry has experienced rapid growth in recent years and is now considered one of India's fastest-growing industries. The paper further highlights the legal provisions that governs the creation and usage of media. Some of the examples covered under the media regulation are broadcast television, the internet, and print media. Finally, the paper gives a fair and constructive idea on the scope and coverage of various IP principles, such as patents, copyright, designs, and trademarks. It further discusses how media law and IP are interlinked, along with a segment on computer devices, databases, Internet, and cyber laws, are discussed in this paper.
{"title":"INTELLECTUAL PROPERTY RIGHTS AND MEDIA LAW IN FILM INDUSTRY","authors":"Gitika Mahawar, Rakshit Gupta","doi":"10.59126/v1i2a2","DOIUrl":"https://doi.org/10.59126/v1i2a2","url":null,"abstract":"In India, a host of pressing issues relating to media, entertainment industry has surfaced. With rapid growth and investment, new players on the rise, and swift technological advancements, Intellectual Property Rights (IP) security and regulation has become significant in this sector. This research paper will be focusing majorly on two components, the first amongst them is IP protection which is a civil right that safeguards a person's creation and grants a control over it, to investigate potential gains if used by others and thus, has arisen as a significant concern. As the paper proceeds, it sheds light on its second component, that the Indian entertainment and film industry has experienced rapid growth in recent years and is now considered one of India's fastest-growing industries. The paper further highlights the legal provisions that governs the creation and usage of media. Some of the examples covered under the media regulation are broadcast television, the internet, and print media. Finally, the paper gives a fair and constructive idea on the scope and coverage of various IP principles, such as patents, copyright, designs, and trademarks. It further discusses how media law and IP are interlinked, along with a segment on computer devices, databases, Internet, and cyber laws, are discussed in this paper.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131303463","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}
In recent time, cryptocurrency has become a common topic of discussion in India. The legal status of cryptocurrency has caused widespread confusion among the general public. As a result, this article primarily focuses on addressing the present legal status of cryptocurrency in India, as well as its past in India. It also actively addresses the main risks and problems associated with cryptocurrencies, and the alternatives that the government is considering in its place or in other words the future of cryptocurrency in India.
{"title":"STATUS OF CRYPTOCURRENCY IN INDIA","authors":"Shreya Sharma","doi":"10.59126/v1i2a10","DOIUrl":"https://doi.org/10.59126/v1i2a10","url":null,"abstract":"In recent time, cryptocurrency has become a common topic of discussion in India. The legal status of cryptocurrency has caused widespread confusion among the general public. As a result, this article primarily focuses on addressing the present legal status of cryptocurrency in India, as well as its past in India. It also actively addresses the main risks and problems associated with cryptocurrencies, and the alternatives that the government is considering in its place or in other words the future of cryptocurrency in India.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127920028","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}
Identity theft is the crime of acquiring other person's private or financial data for the purpose of assuming the name or identification of the victim and commit crimes. Such data can be used in the name of that victim to commit crimes in the name of the victim, to acquire credit or loans, products and services and even provide fake credentials to government authorities. The crime has advanced with the advancement of technology over the past few years in India. To prevent cybercrimes such as identity theft and other computerrelated/internet-based crimes, in the year of 2000, Indian Government enacted The Information Technology Act, 2000, amended in 2008. Identity theft is also governed by few provisions (Section 147A, Section 419, Section 463) of Indian Penal code, 1860. This research paper will analyze the implementation of the Act in India and other preventive measures taken by the Government of India relating to the matter of securing personal data and preventing the theft of identity. Key words: Identity, Identity theft, Data Technology, Cyber-crime, Phishing/vishing, Skimming, Hacking, Shoulder surfing, Dumpster diving, Mail theft, Pretexting.
{"title":"PREVENTION OF IDENTITY THEFT: AN ANALYSIS","authors":"Vibhuti V.K.","doi":"10.59126/v1i1a2","DOIUrl":"https://doi.org/10.59126/v1i1a2","url":null,"abstract":"Identity theft is the crime of acquiring other person's private or financial data for the purpose of assuming the name or identification of the victim and commit crimes. Such data can be used in the name of that victim to commit crimes in the name of the victim, to acquire credit or loans, products and services and even provide fake credentials to government authorities. The crime has advanced with the advancement of technology over the past few years in India. To prevent cybercrimes such as identity theft and other computerrelated/internet-based crimes, in the year of 2000, Indian Government enacted The Information Technology Act, 2000, amended in 2008. Identity theft is also governed by few provisions (Section 147A, Section 419, Section 463) of Indian Penal code, 1860. This research paper will analyze the implementation of the Act in India and other preventive measures taken by the Government of India relating to the matter of securing personal data and preventing the theft of identity. Key words: Identity, Identity theft, Data Technology, Cyber-crime, Phishing/vishing, Skimming, Hacking, Shoulder surfing, Dumpster diving, Mail theft, Pretexting.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122077191","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}
Arbitration amongst other things is premised on party autonomy, one of the basic pillars of this mechanism. Parties have the liberty of deciding the procedure for appointment of Arbitrators, which is considered paramount to that effect. If the parties fail to adhere to the procedure laid down as per them in the agreement, then the aggrieved party has the discretion of moving to the courts for the appointment of Arbitrators. The said matter is dealt under Section 11 of the Arbitration & Conciliation Act, 1996, which has been adopted by the legislature from the UNCITRAL Model Law put forth by United Nations. The competency of appointing an Arbitrator had been initially bestowed upon the Chief Justices. Albeit the law decrees the court to precipitate the appointment of Arbitrators, the Indian Courts however do a deep dive into the matrix for the said appointment. It’s common knowledge that our judiciary is overburdened with plethora of cases. ADR mechanism provides a way out for the judiciary and hitherto provides for speedy justice for the parties involved in Arbitration. This paper illuminate upon the interpretation and development of the concept of Appointment of Arbitrator in Section 11 in relation to the nature of power exercised; independence and impartiality; time limit under sec. 11 and the two major amendments in 2015 and 2019, with the role of judiciary and their influence in helping the development of the silent facts in landmark judgments in that regard.
{"title":"APPOINTMENT OF ARBITRATORS: GRADUAL DEVELOPMENTS IN LITIGATION","authors":"Arushi Shekhar, Dhruv Srivastava","doi":"10.59126/v1i1a11","DOIUrl":"https://doi.org/10.59126/v1i1a11","url":null,"abstract":"Arbitration amongst other things is premised on party autonomy, one of the basic pillars of this mechanism. Parties have the liberty of deciding the procedure for appointment of Arbitrators, which is considered paramount to that effect. If the parties fail to adhere to the procedure laid down as per them in the agreement, then the aggrieved party has the discretion of moving to the courts for the appointment of Arbitrators. The said matter is dealt under Section 11 of the Arbitration & Conciliation Act, 1996, which has been adopted by the legislature from the UNCITRAL Model Law put forth by United Nations. The competency of appointing an Arbitrator had been initially bestowed upon the Chief Justices. Albeit the law decrees the court to precipitate the appointment of Arbitrators, the Indian Courts however do a deep dive into the matrix for the said appointment. It’s common knowledge that our judiciary is overburdened with plethora of cases. ADR mechanism provides a way out for the judiciary and hitherto provides for speedy justice for the parties involved in Arbitration. This paper illuminate upon the interpretation and development of the concept of Appointment of Arbitrator in Section 11 in relation to the nature of power exercised; independence and impartiality; time limit under sec. 11 and the two major amendments in 2015 and 2019, with the role of judiciary and their influence in helping the development of the silent facts in landmark judgments in that regard.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"269 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130776460","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}
Law and medicine, despite being two different subjects with nothing in common, may overlap where they find the need for each other. Ethics is a concept of moral instincts that a common being inherits and follows in his lifetime. The notion for ethics can be different for every individual. The topic of interest in this article focuses on the importance and impact of ethics in the medical field and how the law contributes to this aspect, thus evaluating the connection between health care laws and medical ethical issues. The paper will also be focusing on creating awareness on the rights of medical practitioners contributing to the welfare of the society. The need for regulations is because of the malpractices actively being performed in the society. The activities of a medical professional continuously revolve around the life of a patient. While lack of medical knowledge among general society can be neglected because the medical practitioners are there to guide them, but the lack of knowledge or skill amongst medical practitioners creates dangerous circumstances and their ignorance could have disastrous consequences. Thus, the need for well-established sets of rules. Medical environment is a progressive cycle. It is continuously evolving with new technology assisting and aiding the practitioners in the course of treatment. Regulatory Laws also need to keep up with these changes continuously to protect the interests of the practitioners as well as the patients.
{"title":"MEDICAL LAWS AND ETHICS IN INDIA","authors":"Bhavana M E","doi":"10.59126/v1i1a9","DOIUrl":"https://doi.org/10.59126/v1i1a9","url":null,"abstract":"Law and medicine, despite being two different subjects with nothing in common, may overlap where they find the need for each other. Ethics is a concept of moral instincts that a common being inherits and follows in his lifetime. The notion for ethics can be different for every individual. The topic of interest in this article focuses on the importance and impact of ethics in the medical field and how the law contributes to this aspect, thus evaluating the connection between health care laws and medical ethical issues. The paper will also be focusing on creating awareness on the rights of medical practitioners contributing to the welfare of the society. The need for regulations is because of the malpractices actively being performed in the society. The activities of a medical professional continuously revolve around the life of a patient. While lack of medical knowledge among general society can be neglected because the medical practitioners are there to guide them, but the lack of knowledge or skill amongst medical practitioners creates dangerous circumstances and their ignorance could have disastrous consequences. Thus, the need for well-established sets of rules. Medical environment is a progressive cycle. It is continuously evolving with new technology assisting and aiding the practitioners in the course of treatment. Regulatory Laws also need to keep up with these changes continuously to protect the interests of the practitioners as well as the patients.","PeriodicalId":424180,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129830705","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}
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