Law Review

Apr'22


The IUP Law Review

ISSN: 2231-3095

A 'peer reviewed' journal indexed on Cabell's Directory, and also distributed by EBSCO and Proquest Database

It is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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Focus Areas
  • International Business Law
  • Corporate and Securities Law
  • Banking Law
  • Insurance Law
  • Cyber Law
  • Environmental Law
  • Alternative Dispute Resolution
  • Healthcare Law
  • Employment Law
  • Intellectual Property Rights
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Article   Price (₹) Buy
The Philosophical Foundations of Trademark Law: An Economic Perspective
50
Forensic Evidence and Discretion of the Court in India
50
Post-Covid Biomedical Waste Regulation in India: Legislative and Judicial Aspects
50
Early Theories of Labor and ILO's Decent Work Agenda: Lessons for the Digital Age
50
Privacy and Data Protection Laws: An Overview
50
     
Contents: (Apr 2022)

The Philosophical Foundations of Trademark Law: An Economic Perspective
Subhash Chandra Singh

Trademarks have been recognized throughout the world as particularly valuable intangible properties. At the conceptual level, it is well recognized that trademarks are important and useful because they minimize search costs of consumers, thereby facilitating repeat purchases and thus economic growth. Trademark law gives companies the option to develop and become fairly competitive in the global market. The policy behind such protection is to safeguard a nation's crucial economic interests, such as industries, commodities and consumerism. In the modern market-oriented economy, consumer goods are produced by large corporations, which employ hundreds of thousands of employees. Time-saving is the essence of the modern efficient consumer economy. Trademarks impart accurate information about the products the consumers intend to buy, thus saving the time consumers spend in searching for quality goods. As the economic potential of trademarks has expanded rapidly, it has become a subject of front-rank legal importance. This paper examines trademarks and the protective laws from an economic perspective.


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Article Price : ₹ 50

Forensic Evidence and Discretion of the Court in India
Sumanta Meher

Forensic evidence plays a crucial role in legal proceedings as both parties can rely upon and produce it to support their case; and, the judge also concludes the case based on such evidence. Although forensic evidence is known for its precision, there is a huge disparity in its relevancy in a particular case and the appreciation or admissibility of the same by the court during its conclusion. In India, the rules regarding the admissibility of forensic evidence are opaque and limited to some of the common laws; besides, the law of evidence is only prescribed for the relevancy of the forensic evidence. Further, due to the lack of detailed codification, the reliability of forensic evidence depends on the discretion of the judges and may be discarded due to various reasons. In light of the above, this paper relies on the theoretical method of study to discuss the importance of forensic evidence and also discusses its relevancy and reliability in legal proceedings. It also analyzes the discretionary power of the court which permits forensic evidence in a legal proceeding, and concludes with some suggestions for the use of forensic evidence in criminal trials in India.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50

Post-Covid Biomedical Waste Regulation in India: Legislative and Judicial Aspects
Akanksha Garg Agarwal and J K Patel

The aim of this paper is to provide an overview of the existing legislations, complemented by government policies and specific guidelines developed during the Covid-19 pandemic for its effective implementation, along with a few cases reflecting the approach of the Indian judiciary in controlling and managing biomedical wastes. There must be a legal framework in place to govern the handling of different forms of trash and the collection and transportation of waste as well as the duties and training needed for waste management and regulation inside India. In addition, the paper examines the legal gray areas and obstacles to the effective execution of the Biomedical Waste (Management and Handling) Rules, 1998 and its subsequent amendments in 2016. Nature has often shown us the importance of the interdependency of the atmosphere, development, and law, which has only just been recognized by the world. The present improbable and disastrous pandemic wave has impacted human health and environment so severely that it has brought forward the desperate need for effective management of huge biomedical waste generated and disposed of in our country. In furtherance of which, the government has also laid down special guidelines to be followed for disposal of biomedical wastes during treatment/diagnosis/quarantine of Covid-19 patients. This further endorses the fact that mere protection and conservation of the environment under the Constitution, mandated by various legislations, does not suffice, and it is high time that we ensured proper control and management of biomedical waste to save the most basic human right that is "Right to Life", visualized under Article 21 of our Constitution.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50

Early Theories of Labor and ILO's Decent Work Agenda: Lessons for the Digital Age
Vijayalakshmi Subramaniam

Is labor a property of laborer? Is land a property of nature? If it is so, anyone can buy or sell them. These concerns gave birth to classical economic theories and great economists during the first Industrial Revolution. The 18th and 19th century Industrial Revolution in England and the United States dissociated labor from workers. Labor was valued as a commodity without a life or soul. In 1944, the Philadelphia Declaration established a human concept, "labor is not a commodity", which concretely meant that "labor" is the blood and sweat of human beings and cannot be dissociated from them. The centenary of the International Labor Organization was observed in 2019 and the agency wants to ensure humanizing the concept of labor in the era of digital revolution. It seeks to sustain the human face of labor for Decent Work Agenda.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50

Privacy and Data Protection Laws: An Overview
Nanditha V Nair and Aejaz U Shaikh

The paper discusses the importance of privacy and data protection laws in major nations and India in this globalized digital world. It examines the existing data protection laws in US, EU, UK, Brazil, Australia, Canada, China, the Gulf countries, and India. It takes a closer look at the Indian data protection scenario, with special reference to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It analyzes the provisions of the IT Rules and stresses the importance of data protection for personal as well as national security.


© 2022 IUP. All Rights Reserved.

Article Price : ₹ 50