LIJDLR

Volume I Issue II

INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE

Volume I Issue II /

INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE Panya Sethi, Student, Symbiosis Law School, Noida Download Manuscript ABSTRACT Theft of intellectual property refers to the unlawful taking of any creative work, concept, trade secret, or sensitive information that is protected by intellectual property laws. Theft of intellectual property (IP) covers a broad spectrum of wrongdoing, from trademark and copyright violations to patent infringement.[1] Intellectual property theft may be devastating to individuals, companies, and governments that have spent years perfecting their work. Theft of intellectual property severely slows economic growth and innovation. The rapid expansion of digital infrastructure and resources has, unfortunately, made it simpler for cybercriminals to steal, copy, and distribute valuable intellectual property. The stakes are higher, and the demand for strict protection and enforcement of intellectual property is expanding as a result. Because the rightful owner of an IPR is able to prevent others from making use of the protected material, such rights are often referred to as “negative rights.” When a party other than the IPR owner or a person authorized by the IPR owner to use the right (a licensee) acts in a way that is inconsistent with the IPR, this is known as an infringement. Intellectual property infringement comes in many forms, and it’s important for lawyers, company owners, and shareholders to understand each one and how they may be prevented. Having a patent on an invention gives the creator the right to prevent others from profiting from their creation without permission. Copyright laws and trademark laws both aim to safeguard creative works against imitation. Protected works can always sue to prohibit others from copying or adapting them without permission. By definition, the holder of an IPR can forbid anybody else from profiting from the protected work without first obtaining the IPR holder’s consent. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 451- 467. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

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FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS

Volume I Issue II /

FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS Mohd Fahed, Student, B.A. LL. B, Faculty of Law, Jamia Millia Islamia. Download Manuscript ABSTRACT The use of social media sites like Facebook, WhatsApp, Twitter, Instagram, YouTube, and others to read and share news and information has increased due to advancements in technology. A social network can be created in the virtual world using a variety of online communication channels using social media, which is a mobile and web-based technology. People from different parts of the country can access information posted by users from other parts of the world because of social media technology. Freedom of speech is the unrestricted ability of any person to express ideas and seek, receive, and give information through any means, regardless of boundaries. Every citizen in a democratic nation like India has the freedom to use social media to express themselves and spread information. We can upload something to social media, uplink it, comment on it, like it, share it, etc. because we have this freedom. The freedom of expression offered by these social media platforms is complete or unrestricted, but how are we as internet users using it? The paper examines how the government can balance censorship or regulation of social networking sites and peoples’ freedom of speech and expression. In conclusion, the paper argues for the necessity of reforming the legal framework governing speech regulation on social networking sites in India. It proposes that the government should adopt a more precise and specific definition of hate speech, narrowing down the scope of prohibited content. Additionally, it advocates for the establishment of an independent and transparent regulatory body responsible for overseeing the enforcement of speech regulations on social media platforms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 434- 450. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

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HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE

Volume I Issue II /

HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE Indisha Sachan, Law student at Amity Law School, Lucknow. Download Manuscript ABSTRACT In a world characterized by diverse cultures, religions, and traditions, the challenge of harmonizing diversity becomes paramount for fostering social cohesion and ensuring equal rights and justice for all. India is a country of immense diversity, with different religions, cultures, languages, and traditions coexisting in a pluralistic society. However, this diversity also poses challenges for the legal system, which has to deal with the personal laws of various communities that govern matters such as marriage, divorce, inheritance, adoption, and maintenance. The Uniform Civil Code (UCC) is a proposal to replace these personal laws with a standard set of laws that would apply to all citizens irrespective of their religion, gender, or sexual orientation. The UCC has been a contentious issue in Indian politics and society for decades, with supporters arguing that it would promote national integration, gender justice, and human rights, while opponents claim that it would violate the constitutional guarantee of religious freedom and the cultural identity of minorities. This paper examines the historical background, constitutional provisions, judicial pronouncements, and socio-political implications of the UCC debate in India. It analyzes the arguments for and against the UCC from various perspectives, such as secularism, democracy, feminism, minority rights, and legal reform. It also explores the feasibility and desirability of implementing the UCC in a country as diverse as India and suggests some possible ways to harmonize diversity with uniformity in the civil law domain. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 416- 433. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY

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LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY

Volume I Issue II /

LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY Jhalak Singhal, 9th Semester Law student at UPES (Dehrapdun) Download Manuscript ABSTRACT Anyone who has ever been born will eventually pass away because death is an inevitability. One of the moral issues that has received the most attention, recently is the concept of Euthanasia or mercy killing. There have been many discussions and debates about morality & legality of this concept as well as both its pros & cons over centuries. When all the life saving measures fail to give patients who are either terminally ill or are in condition of being persistent vegetative, a better quality of life, which are one of the most perplexing issues faced today then, physician – assisted suicide or Euthanasia can only be seen as a practical solution. The Indian Constitution’s Article 21 guarantees, “Right to Life” as a Fundamental Right which is an unalienable freedom that cannot be taken away by anyone. The ultimate intent of a human existence is to be lived with absolute dignity. As a result, coercing someone into living in a degrading manner goes against their free choice. As a result of the “Right to Die with Dignity” movement, lawmakers are now allowing people to choose how they want to pass away. Finding the root causes of a patient’s request for euthanasia was essential, as was using every legal instrument at our disposal to treat the patient’s condition and any other uncomfortable symptoms. This paper discusses euthanasia, including its types, its meaning in India and how it relates to the “Right to Die with Dignity” in India as well as western countries, arguments for and against it, and its ramifications for various religions. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 392- 415. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA

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ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA

Volume I Issue II /

ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA Rangai Motale, Narsee Monje Institute of Management Studies, School of Law. B.A.LLB (Hons.) 4th Year Download Manuscript ABSTRACT The purpose of this article is to look at the situation of corporate governance (CG) it measures corporate performances and the role of management. It plays a crucial part in developing a business culture that is conscientious, open, and transparent. CG is more than just managing a business; it also entails keeping an eye on the decisions, policies, practices, and activities of companies, their agents, and other stakeholders who may be impacted. This ensures that the corporate management system operates in a fair, effective, and transparent manner. It explains the relationship between corporate governance mechanism procedure and company’s performances, The mechanism of corporate governance has become an important research topic nowadays for researchers who is in a Legal field, finance, Marketing. Although listed companies in India and Banks as an example. Because to unsuccessful management principles, failed businesses. Model, corporate governance is a framework that directs and controls businesses. Investors from industrialized nations are urging Indian enterprises to adopt international best practices with regard to transparency and anti-corruption laws. This study uses the corporate governance mechanism to measure external corporate (EC) and Internal corporate (IC) governance represented by self-sufficient boards, double board superintendence, ownership concentrations as measures regarding internal corporate governance and leverage, product market competition as measures regarding external corporate governance Management’s overconfidence has measured by company earnings forecasts. Over the past ten years, corporate governance is claimed to have developed and changed steadily. These instances illustrate the value of CG in the Indian and international business landscapes. Numerous factors, such as the enlargement of corporate scandals and the globalization and convergence of financial markets. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 382- 391. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM

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VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

Volume I Issue II /

VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA Anirudh Singh, Student at jamia millia islamia university Download Manuscript ABSTRACT The paper deals with the concept of victimology and discusses it in detail with the help of decided case laws both in abroad and in India. Victimology means “the scientific study of crime victims including the study of the relationship between victim and offender and of the consequences and effects of being victimized.” The article discusses about its history in different nations of world. Afterwards the paper deals about its development in India. Victimology and its role in the betterment of life of every victim as well as sometimes in life of offender has also been taken in consideration. Then it discusses about various provisions for victims that are given in different acts and statutes, CRPC mainly plays a very important role in victimology. The benefits derived to victims by implication of correct victimology procedure and laws provide them a better way to heal from these ruins of crime that are suffered by them. The Victimology also forms a part of Penology and this aspect has also been covered in this paper. India also suffers a lack of an act/ statue which is completely based on victimology. Only one section in CRPC i.e., 357A deals with this concept but in reality, at least half of CRPC should focus on the concept of Victimology, therefore the drawbacks of not having a victim-based statue and work needed to be done in this direction have been discussed. At last, the role of our Judiciary in promoting Victimology and Victim Compensation has been discussed with the help of latest as well as landmark judgements. The judicial pronouncements have always played a role in the favour of victims even when the offender is state. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 364- 381. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM

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A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA

Volume I Issue II /

A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA Kritik. Kumar Jain, 4th YEAR STUDENT OF BBA.LLB(Hons.) At LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY. Tushar Ahuja, 4th YEAR STUDENT OF BBA.LLB(Hons.) At LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY. Download Manuscript ABSTRACT Since the onset of the internet age, an infamous Data Entrepreneur, Clive Humby, proclaimed that “data is new oil”[1] and today we are witnessing his assertions turning into a reality as individuals are moving across every direction seeking strategies for mining data, much like oil. certain are morally sound, such as collecting with consent, which is neither coerced nor without our own free will, whilst others frequently accumulate these data unilaterally by forcing us into accepting certain “terms and conditions” while without them, we cannot utilize the service given by them. In addition, there are some cyber-attacks by perpetrators, with the most unsettling usage we have ever witnessed, it’s also employed by the governments of several states, including ours, using spywares to target their rivals as well as other individuals in order to obtain an edge over their rivals. In this study, we will explore each of these issues in brief, from computer usage to the government exploiting this data for various objectives from “segmenting to blocking”, as well as certain sections of the Information Technology Act[2] (hereinafter IT Act) dealing with these attacks on our privacy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 355- 363. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR

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DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY

Volume I Issue II /

DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY Jaeeta Biswas, Student at Techno India University, West Bengal. Download Manuscript ABSTRACT Domestic violence, also known as intimate partner violence, continues to be a major problem in the world, having a negative impact on victims physical and emotional health. Even though many people view their homes as secure havens, it is upsetting to realise that domestic violence frequently begins within those same walls. The huge discrepancy between reported data and the real occurrence of domestic abuse in India is highlighted by this paper. Due to underreporting, which is fuelled by cultural pressures and the ineffectiveness of the legal system, the statistics fail to accurately reflect the full scope of this epidemic. Victims endure silent suffering while lacking assistance and justice. This blog emphasises the essential need for greater awareness, extensive support networks, and practical legal measures to combat domestic violence and offer comfort to its victims by delving into the dismal reality hidden behind statistics. Only then do we have a chance of ending the cycle of abuse and creating a more secure workplace for everyone. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 349- 354. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS

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UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA

Volume I Issue II /

UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA Gargee Yadav, Law student at Amity University, Lucknow. Download Manuscript ABSTRACT The right to be forgotten is a concept that has emerged as a consequence of the befitting challenges posed by the perpetual availability of personal information on digital platforms. With the evolution of technology at such a swift pace, it has become very difficult to control personal data and protect our privacy. The right to be forgotten recognises the need to have control over our personal information by entitling us to remove or erase it from online platforms. With the help of this Article, we will attempt to examine the emergence of the right to be forgotten in India. This article includes several sub-headings, starting with the introduction and enlightening on, how the emergence of the internet has affected our rights. Further moving on, we would get to know about the definition and origin of the right to be forgotten. This article would also deal with the status of other countries along with that of India vis-à-vis this right. While coming to the closure of the article, the readers would get to know about some of the consequential challenges pertaining to the proper implementation of the right, and finally, the Conclusion along with the Author’s views on the topic, where this article would sum up, providing suggestions for the improvement of the implementation of this sui-generis right. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 337- 348. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto

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EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM

Volume I Issue II /

EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM Pranshutosh Kumar, 3rd Year, BA LL.B , University of Petroleum and energy Studies. Download Manuscript ABSTRACT The obstacles faced by manual document copying throughout the 16th century gave rise to the best evidence rule, a fundamental rule in legal procedures. The Best Evidence Rule is founded on the notion that using the original writing, recording, or photograph is the “best” way to prove the veracity of the evidence’s contents. In order to comply with the principle of natural justice, it is important to make sure that litigants give the court the best possible evidence in a way that reduces the burden of proof on the court. The Best Evidence Rule of the Indian Evidence Act is applicable to a variety of types of evidence, including written records, digital data, audiovisual materials, and more. Sections 91 to 100 give documented evidence priority in order to prevent potential errors, omissions, or distortions that may occur when relying simply on oral testimony. Oral testimony is important in many various sorts of legal proceedings, but it is not often regarded as the best proof when the content of a document is in question. Oral testimony and documentary evidence are the two basic categories of evidence recognized under the Indian Evidence Act. For the purpose of settling legal disputes, it is essential to comprehend how these various sorts of evidence vary in terms of their nature and content. Sections 91 to 100 of the Indian Evidence Act promote the principle that only the most convincing evidence should be presented in court. There are some exceptions to the “best evidence” standard, including [loss or destruction of the original document, proof of content by oral evidence, etc.] However, oral proof cannot take the place of written evidence like written testimonies when those records already exist. Compared to oral evidence, written evidence is regarded as being more conclusive and reliable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 329- 336. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION

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