The Library Exception Under the Indian Copyright Act, 1957

-- Prashant Iyengar

India's post-independence copyright system essentially consists of a list of `fair dealing' exceptions that are enumerated in Section 52 of the Indian Copyright Act, 1957. This section carries an extensive narration of uses by various actors—both individual and institutional —that would not amount to infringement of copyright. These `exceptions to infringement' were inserted as safeguards to ensure that the operation of copyright law did not yield outcomes that encumbered the very objective of copyright itself—the widest dissemination of knowledge. This paper is an analysis of Clause (o) of Section 52(1) of the Indian Copyright Act, 1957, which grants special permissions to public libraries to reproduce materials for their use. The clause is examined in the light of recent technological advancements and with an eye on India's treaty obligations under the Berne Convention and the TRIPS agreement.

© 2011 Prashant Iyengar. All Rights Reserved.

Implications of Software Patenting in India

-- Satabdee Mohanty and Tanay Nandi

One hundred thousand software patents are in force today, yet nobody really knows what is covered or by whom. But patents on computer software are so obscure to be effectively secret—they are abstrusely written, not indexed in any meaningful way, and their scope is hard to predict. Because the economic principles supporting the American patent system depend on patents being publicly known, this obscurity undermines the economic justification for software patents. A solution to the software patent obscurity problem may lie in the disused `marking requirement'. In theory, patent owners have a duty to label their products with the relevant patent numbers. The duty to mark is justified by patent owners being best situated to determine the scope of their patents. Competitors and the public can determine which patents cover what by inspecting marked goods.

© 2011 IUP. All Rights Reserved.

Foreign Direct Investment in Real Estate in India: Challenges and Implications

-- Tabrez Ahmad and Tabrez Malawat

The paper is divided into three parts. First part of the article spells out the entry routes for investment, liberalization of real estate sector in 2005 and subsequent growth of the Indian real estate market. The second part forms the nucleus of this article, as it canvasses or analyzes in-depth, the primary Indian real estate laws before focusing on the key aspects of FDI in the Indian real estate and key out affiliated problems. A discussion of the challenges faced by foreign investors, in particular transparency and establishing legal title to property, will then follow. The third part stresses on certain possible improvements and amendments in the existing FDI norms as well as local laws so that the object of opening up the real estate sector to foreign investors is fulfilled. The article concludes by summarizing the observations made in the article and the way ahead for the real estate sector in terms of foreign investments.

© 2011 Tabrez Ahmad and Tabrez Malawat. All Rights Reserved.

Protection of Human Rights of Disabled in India: An Analysis

-- Pradeep Kumar Pandey and Santanu Bikash Das

In each and every society, the disabled are the most underprivileged minority. Regardless of a country's human rights or economic situation, they are generally the last in line to have their human rights respected. Being denied the opportunities that would enable them to be self-sufficient, most disabled resort to the kindness of others like family members and relatives. In India also the disabled are discriminated in all aspects of life such as education, health, transportation, employment and access to public places. But "[a] dramatic shift in perspective has taken place over the past two decades from an approach motivated by charity towards the disabled ones based on rights. In essence, the human rights perspective on disability means viewing people with disabilities as subjects and not as objects. It entails moving away from viewing people with disabilities as problems towards viewing them as holders of rights. The debate about the rights of the disabled is therefore connected to a larger debate about the place of difference in society ". This paper attempts to unearth the provisions relating to protection of disabled persons in India and also provides the norms laid down by United Nations and its specialized agencies.

© 2011 IUP. All Rights Reserved.