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Competitions, Opportunities

12th National Article Writing Competition Organised By Team Attorneylex: Register by May 5

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About the Organisation:

Team Attorneylex is a Student-run organisation, it is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. 

Along with the other activities, the endeavour is to deliver legal help to the sectors of society that are unable to access existing legal services due to illiteracy and poor economic conditions.

About the Competition

Team Attorneylex is organising its 12th National Article Writing competition for all those who want to show their research and writing skills and are not able to find the perfect stage; here, we are giving them a chance to show their talent.

TOPIC: Any Contemporary Legal Issue.

Eligibility 

Open For All

Language: English

The Submission Guidelines Are-

  • Word Limit: 1500 – 2000 (inclusive of footnotes)
  • Co-authorship is allowed (maximum two co-authors)
  • All submissions must be sent at submission@teamattorneylex.in
  • The subject of the email should be “Submission: Article Writing Competition.”
  • The write-up must be original and unpublished.
  • Submissions with plagiarised content and copyright issues will be rejected outrightly.
  • The decision of the judges shall be final and binding.
  • Font Size -12
  • Font Style – Times New Roman
  • Citation – 20th Bluebook (Endnote)

The submission shall also be accompanied by another Word document consisting of a Cover Letter mentioning the Name of the Author/s; Name of the Institution/College/University; Designation; Year of Study (if applicable); Email ID.

Registration Fees

Single Author – 150/-( Early bird offer Rs.100, till 20 April)

Two Authors – 200/- ( Early bird offer Rs.150, till 20 April)

Three Authors- 250/-( Early bird offer Rs.200, till  20 April)

Important Dates

Last date of payment and registration: May 5, 2023

Last date of submission: 11:59 PM, May 7, 2023

Declaration of Results: May 10, 2023

Prizes

  • Winner: Cash prize Rs. 4000/- + Certificate of Merit + Free Article publication on the website + Online Internship opportunity with the Team Attorneylex.
  • Runner up: Cash prize Rs. 2000/- + Certificate of Merit + Free Article publication on the website  + Online Internship Opportunity with Team Attorneylex.
  • 2nd Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Free Article publication on the website  + Online Internship Opportunity with Team Attorneylex.
  • Top 10 Performers: Certificate of Merit + Free Article publication on the website + Online Internship Opportunity with Team Attorneylex.
  • E – Participation Certificate will be provided to all the participants.

Payments details

Paytm/ G-pay/Phonepe- 9616696008 (Gaurav yadav)

Bhim UPI- 9616696008@upi

Bank details-

Name- Gaurav Yadav

Bank – HDFC Bank

Account Number- 50100429858721

IFSC Code- HDFC0009157

Registration Link

Click here to register,

Or 

https://forms.gle/mdgggDUn5gvREPek9

If you have any queries feel free to contact

Pragati Singh: 9793539034

Gaurav Yadav: 9616696008

Email- contact@teamattorneylex.in

For More Such Opportunities, Join Team Attorneylex’s WhatsApp group to get notified immediately. Also check us out on Instagram and Twitter

Articles

DOCTRINE OF “WORK FOR HIRE” UNDER THE COPYRIGHT LAW : A CRITICAL SURVEY OF U.K., US AND INDIAN CASES

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Also, check us out on Instagram and Twitter

  This article is written by Nadiya Yakub Patel, a student at Thakur Ramnarayan College of Law, Mumbai University.

INTRODUCTION :

Copyright is a intellectual property that gives the owner the exclusive right to make copies of a creative work usually for a limited time. The creative work may be in literary, artistic, educational, musical form. Also the Copyright is intended to protect the original expression of an idea in the form of a creative work but not the idea itself. A copyright is subject to limitations based on public interest considerations such as the fair use doctrine in the U.K., US and in India.

Some jurisdictions require ‘fixing’ copyrighted works in a tangible form or  manner. It is often shared among the multiple authors and each authors holds a set of rights to use or license the work.

And the Public law duration of a copyright expires 50-100 years after the creator dies, depending on jurisdiction. And in general most of them believe that the long copyright duration guarantees the better protection of works.

BACKGROUND :

The copyright developed after the printing press came into use. The printing press made it much cheaper to produce works but as there was initially no copyright law anyone can rent press and also print any text. Popular new works were immediately re-set and also re-published by competitors so printers needed a constant stream of the new material. The Fees paid to authors for new works were high and also significantly supplemented the incomes of many academics. Printing brought profound the social changes. Prices of the reprints were low so the  publications could be bought by poorer people and creating a mass audience. 

 

OBTAINING PROTECTION :

Ownership :

In ownership the original holder of the copyright is the employer of the author rather than the author himself if the work is a “work for hire”. The first owner of a copyright is the person who created the work which is know as the author. When more than one person creates the work and then case of joint authorship can be made provided some criteria are met.

Eligible works:

Copyright may apply to a very large range of creative intellectual. Specifics jurisdiction but these can include poems, fictional characters, and other literary works, choreography, musical, sound recordings, paintings, sculptures, photographs, computer software, radio and television broadcasts. Graphic designs may have overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas as well as information themselves only the form in which they are expressed.

Originality :

A work must meet minimal standards of originality in order to qualify for copyright and then the copyright expires after a set period of time. In the UK there has to be some skill, labour, and judgment that has gone into it. In United Kingdom it has been held that a single word is insufficient to comprise a copyright work.

Copyright law recognizes the right of author based on the work actually is an original creation rather than based on whether it is unique two authors may own copyright on two substantially identical works if it determined that the duplication was coincidental and neither was copied from other.

ENFORCEMENT :

Copyrights enforced in a civil law court but there are also criminal infringement statutes in some jurisdictions. The Criminal sanctions or law are generally at serious counterfeiting activities but now becoming more and more common place as copyright collectives

In most jurisdictions copyright holder must bear cost of enforcing copyright. This will usually involve engaging legal representation court costs. In 1978  scope was expanded to apply any expression that has been fixed in any medium this protection granted automatically whether maker wants it or also not no registration required.

Copyright Infringement :

For a work to be considered to infringe upon copyright its use must have occurred in a nation that has domestic copyright laws to established international convention. Improper use of materials outside of legislation is deemed and know as unauthorized edition not copyright infringement.

Statistics regarding effects of the  copyright infringement are also difficult to determine. According to Studies have attempted to determine whether there is a monetary loss for industries affected by the copyright infringement by predicting what portion of pirated works would have been formally purchased if they not been freely available. Other reports says that copyright infringement does not have an adverse effect on entertainment industry and can have a positive effect.

RIGHTS GRANTED :

According to the World Intellectual Property Organisation, copyright protects two types of rights. Economic rights and Moral rights.

According to U.K., US and India

Economic Rights : 

As the Economic Rights allow the right owners to derive the financial reward from the use of their works by the others. 

a) Reproduction of the work in various forms such as printed publications, sound recordings.

b) Distribution of copies of work.

c) Public performance of work.

d) Broadcasting or any other communication of the work to public.

e) Translation of the work into any other languages.

f) Adaptation of the work.

Moral Rights :

Allow authors and creators to take certain actions to protect their link with their work. 

a) Protection of work.

b) To determine how and under what conditions the work may be marketed, publicly displayed, reproduced, distributed, etc.

c) To produce copies or reproductions of the work and to sell those copies.

d) To import or export work.

e) To create derivative works.

f) To perform the work publicly.

g) To sell these rights to others.

h) To transmit by radio, video or internet.

PUBLICPUBLIC DOMAIN :

Copyright like other intellectual property rights and is subject to a statutorily determined term. Once the term of a copyright has expired the formerly copyrighted work enters the public domain and may be used by anyone without obtaining permission, and normally without payment. Courts in common law countries, such as the United States and the United Kingdom have rejected the doctrine of common law copyright. Public domain works should not be in confused with works which are publicly available. Works posted in the internet such as  publicly available but are not generally in the public domain.

CONCLUSION :

Copyrights law has been developing and also changing to provide better protection as well as stronger hold to the owners. Recognition a serious crime not only damaging creative potential but as well as causing economic loss. Awareness among people proper enforcement efficient copyright cells as well as copyright societies can bring down the infringement.

Articles

Right to be Forgotten: a Right or Restriction

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This article is written by Shivansh Pandey, a student of Department of law, PIMR, Indore & Palak Agrawal, a student of Amity law school, Noida.

Introduction: 

The Right to be Forgotten (right to erasure) owes its origin to the belief that everyone has legal right to ask for removal of any information about oneself available on the internet and is open for all. One can only ask for removal of that information which is of the potential to hamper social life of an individual. If an individual finds any of his data that is of sensitive nature or has served its purpose, he can ask for the removal of his data from the database. However, will be deleted only if it is not serving a greater public interest. 

However, in this internet driven era, privacy is just like toothpaste out of tube. Still, one can use the said right as a tool to protect their personal data. Individual can ask from search engine and websites to remove his/her data from the server, if he feels that the information available in the internet is hampering her social life and the information is not serving any greater public interest.

Origin of right to be forgotten:

The ‘Right to be forgotten’ is a concept that developed in European countries. Its beginnings may be traced back to 1995, when European Union (EU) passed its first personal data protection laws, Directive 95/46/EC (“Directives”). Despite the fact that the right to be forgotten (also known as right to erasure) was not clearly codified in the Directives, however, a combined interpretation of Article 6(1)(e) and Article 12(b) gave an idea of right to be forgotten. 

Later, the right to be forgotten was directly recognised in the case of Google Spain vs. Maria Costeja Gronzalez

In the case mentioned above, Maria Costeja Gronzalez, a Spanish citizen, whose details were mentioned in a web page of the local Spanish newspaper La vanguardia, briefing about a auction related with proceedings of a recovery of social security debts. 

These pages were appearing at the top in Google search of his name. Seeing this, he requested both La vanguardia and Google to remove his personal details and the link of that webpage, but his requests were denied by both of them. 

To seek relief, he logged a case against Google and La vanguardia, arguing that purpose of the information has been fulfilled as the auction completed years ago. The court upheld La vanguardia’s decision right as publication of such data was justified and it is a a common procedure to make these information public in press. The court ordered Google to remove the links as a purpose of the information is fulfilled and now it is no longer needed.

Status of Right to be Forgotten in India:

In European Union, the right to be forgotten has received legal status under the General Data Protection Regulation (GDPR).

In India, till now there is no regulation that particularly recognises the right to be forgotten as a legal right. However, an attempt is made in the form of Personal Data Protection Bill 2019, to recognise the said right as a legal right.

Section 20 of the Personal Data Protection Bill 2019 talks about the ‘Right to be forgotten’. This section states that: Any person who owes personal data, called as data principal have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary where such disclosure meets any one of the following three conditions:

(a) The disclosure of the data has served the purpose for which it was collected or is no longer necessary for the purpose.

(b) The disclosure of the data was made with the consent of the data principal under section 11 and such consent has since been withdrawn; or

(c) The disclosure of the data was made contrary to the provisions of this Act or any other law for the time being in force.

Section 62 of the Data Protection Bill 2019, talks about the appointment of Adjudicating officer, and that officer will be the one to whom the request by the data principal be made ,to avail its ‘right to be forgotten’.

Section 18 of the Personal Data Protection Bill 2019 talks about the ‘Right to correction and erasure’ for the data which is no longer necessary for the purpose for which it was processed.

So, in our opinion section 18 should also be considered into cognizance with section 20 to provide for the protection of data to the data principle.

Right to be forgotten cannot be used if: 

The data is being used for         

  • Journalistic purpose or,
  • Greater public interest in the data.

Why do we need a separate right to be forgotten?

This question arises that if we have many laws related to the privacy of an individual and protection for right to speech and expression for instance RTI act also talks about right to erasure in terms of restriction of data if it harms someone’s reputation then why we need some different laws for the same,

Then the answer is that these laws talks about the data that hasn’t been consented to be published but later on published without consent, so in that case one can file a complaint and that data will be erased after a long procedure. But what if we have initially consented either expressly or impliedly but later that data is harming one’s reputation and even when it is neither related to someone’s freedom of speech and expression nor that data is related to public good then in those conditions, we do not have laws and right to be forgotten will provide a protection for the same.

Case law:

Dharamraj Bhanushankar Dave v. State of Gujarat :

In the above-mentioned case, Mr. Dave was charged with various offences under the Indian Penal Code, 1860, but after trial, he was acquitted. A petition was filed for removal of his name from the digital records because the case in which the petitioner was involved was ‘non-reportable’ as according to the petitioner. So, there must be no information available on the sites like ‘Indian kanoon’. The main issue, in this case, was that ‘Whether or not the said judgment could be published online?

In this case the Gujarat High Court defined the exact meaning of the word “Reportable” and said that ‘it is necessary for the transparency of the courts to maintain records’, hence the court indirectly refused to recognize ‘Right to be forgotten’.

{Name Redacted} vs The Registrar General on 23 January 2017:

In the above-mentioned case, a petition was filed for the removal of the name of the petitioner’s daughter from digital records maintained by the High court. It was pleaded by the petitioner that as online search engines like Google and Yahoo reflects the name of his daughter in the judgements as well as in cause list, it poses a threat to her reputation and also to her relationship with her husband (as the initial case was related to their personal disputes but later both of them mutually compromised).

In this case, Karnataka High court by recognizing ‘Right to be Forgotten’ said that ‘in line with the trend in Western countries of ‘right to be forgotten’ in sensitive cases involving women in general and highly sensitive cases involving rape or affecting the modesty and reputation of the person concerned’ hence provide relief to the plaintiff and also make it sure that in the present case also , the name of the daughter would not be revealed.

Jorawar Singh Mundy vs Union of India 2021:

In the above-mentioned case, a petition was filed for the removal of the name of petitioner from the digital records that are available online, it was requested by the petitioner that the available information on online platforms posing a threat to his Right to privacy under Article 21. 

In this case Delhi High court stated that ‘issue is one that necessitates consideration of the Petitioner’s Right to Privacy, as well as the public’s Right to Information and the preservation of transparency in judicial records.’ Hence in this case court provided the petitioner with interim relief and ordered Indian kanoon to restrain information related to the petitioner till next orders.

The conflict between section 8(1)(j) of the RTI Act and the Right to be forgotten under the New DP Act:

Section 8(1)(j)   of the Right to Information Act provides an exemption (against disclosure) of data to the data principle but this section differs from section 20 of the New data protection bill 2019 in a manner that the former needs some rigorous methods for individuals to request to avail exemption provided under section 8(1)(j) of the RTI act and the public official to whom that request has been made can deny providing exemption but under new Data Protection Bill, data principal can proactively take steps to restrict or prevent the continuing disclosure of his or her personal data by petitioning an Adjudicating Officer.

Amendment proposed by the new data protection bill to section 8(1)(j) of the RTI Act:

The proposed amendment states that personal data is not required to be disclosed under the RTI Act if it is likely to cause ‘harm’ to a data principal and that such ‘harm’ outweighs the public interest in accessing such information, considering the common good of promoting transparency and accountability in government operations.

Conclusion:

In the modern era where it just take some seconds to spread someone’s name or personal information on internet, one need to worry about the fake news that can result in the loss of reputation and social status of an individual, throughout the research we have analysed that erasure of a data is necessary if it harms someone’s reputation or social life like if we take a practical life example of a very famous case of Jasleen Kaur ,where she have accused Sarvjeet Singh for verbally abusing and molesting her in public place, but later  Mr. Singh was acquitted by the court, he got justice in papers but after that incidence he lost his social reputation because his name was involved in a case where his character was questioned. Even if we open some journals today then his name is there as an accused.So, it is also necessary to have access to right to erasure, but this right cannot be absolute in present times where we have a stronger right to speech and expression. In India we do not have any specific laws for the removal of the data completely, but we believe that this is a direct harm to one’s personal life and liberty as well as privacy so we need some rights like right to be forgotten but as these rights cannot be absolute so there must be some regulatory body who can take vigilance to these kinds of fake and useless data that harms someone’s reputation and we also recommend to make a separate redressal or forum that can deal with analysing of data that if it really harms ones reputation or it is for public good; it will not only lessen the burden of courts but also provide speedy relief to the victim. If the data is harming someone’s personal as well as social life, then that data must be completely erased i.e., not only from the web but also from the backup of Data fiduciary so that data can never be traced again.

Competitions, Opportunities

9th National Article Writing Competition Organised By Team Attorneylex: Register by July 20

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About the Organization

Team Attorneylex is a Student-run organisation, it is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. We aim to guide law students in their legal research, content writing, case analysis, read or understand the judgments passed by the courts, etc. because we believe that these things are an essential part of the legal profession.

In this epoch of information explosion, it has become really difficult to rely on the content available online because of various reasons sometimes it is the authenticity of the content itself, the language of content, wrong citations etc. But we are here to ensure quality content for you, written by experienced writers, checked by professionals. This is a website with a mission to provide legal reporting more accurate, transparent and accessible to everyone.

Along with the other activities the endeavour is to deliver legal help to the sectors of society that are unable to access existing legal services due to illiteracy and poor economic conditions.

About the Competition

Team Attorneylex is organising its 9th National Article writing competition for all those who want to show their research and writing skills and are not able to find the perfect stage; here, we are giving them a chance to show their talent.

TOPIC: Any Contemporary Legal Issue.

Eligibility 

Open For All

Language: English or Hindi.

The Submission Guidelines Are-

  • Word Limit – 1500 – 2000 (inclusive of footnotes)
  • Co-authorship is allowed (maximum two co-authors)
  • All submission must be sent at submission@teamattorneylex.in
  • The subject of the email should be “Submission: Article Writing Competition.”
  • Write-up must be original and unpublished.
  • Submissions with plagiarised content and copyright issues will be rejected outrightly.
  • The decision of the judges shall be final and binding.
  • Font Size -12
  • Font Style – Times New Roman
  • Citation – 20th Bluebook

The submission shall also be accompanied by another Word document consisting of a Cover Letter mentioning the Name of the Author/s; Name of the Institution/College/University; Designation; Year of Study (if applicable); Email ID.

Registration Fees

Single Author – 100/-( Early bird offer Rs.80, till 10 July)

Two Authors – 150/- ( Early bird offer Rs.130, till 10 July )

Three Authors- 200/-( Early bird offer Rs.180, till  10 July)

Important Dates

Last date of payment and registration: July 20 2021

Last date of submission: 11:59 PM, July 21, 2021

Declaration of Results: July 25, 2021

Prizes

  • Winner: Cash prize Rs. 3000/- + Certificate of Merit + Free Article publication on the website + Online Internship opportunity with the Team Attorneylex.
  • Runner up: Cash prize Rs. 2000/- + Certificate of Merit + Free Article publication on the website  + Online Internship Opportunity with Team Attorneylex.
  • 2nd Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Free Article publication on the website  + Online Internship Opportunity with Team Attorneylex.
  • Top 10 Performers: Certificate of Merit + Free Article publication on the website + Online Internship Opportunity with Team Attorneylex.
  • E – participation Certificate will be provided to all the participants.

Payments details

Paytm/ G-pay/Phonepe- 9616696008 (Gaurav yadav)

Bhim UPI- 9616696008@upi

Bank details-

Name- Gaurav Yadav

Bank – HDFC Bank

Account Number- 50100429858721

IFSC Code- HDFC0009157

Registration Link

Click here to register,

Or 

https://forms.gle/FizoyHfz3kMc2ZG19

Website Link

https://teamattorneylex.in/

If you have any queries feel free to contact

Vanshika – 07055460463

Gaurav – 09616696008

Email- contact@teamattorneylex.in

Articles

Drone Laws: The New Generation

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This Article is written by Yash Jain, Tanishka Valecha & Aman Monga, students at Amity Law School, Noida

In contrast to the existing guidelines where their use was limited only to the Indian subcontinent, the application of the UAS Unintentional Rules extended to all UAS registered in India, or operating outside the Indian subcontinent. In addition, its provision will apply to all persons wishing to own or own, or who wish to participate in the import, manufacture, trade, lease, operation, transfer or retention of UAS in India. According to the Indian aviation authority, the Department of Public Aviation, drone flying is legal in India, but we recommend that we know and comply with the drone rules listed below before doing so. The Directorate General of Civil Aviation India has announced Preliminary Requirements for Civil Aviation ( CAR) for drones aircraft on August 27, 2018 will take effect on December 1, 2018.Before all aircraft, drone pilots are required to apply for a flight permit via a mobile application, which will automatically process the application and grant or reject it. India calls its program “No Permission, No Departure” (NPNT). If a drone pilot tries to fly without obtaining permission from the Digital Sky Platform, he will simply not be able to take off.

All drone pilots will register their drone and request permission to fly each aircraft via Digital Sky Platform of India.

UAS PLANNING 

While the existing guidelines are limited to RPAS only, UAS Unintended Regulations continue to differentiate UAS from the following:

  1. Remotely Aircraft System (ie UAS tested from remote driver station)
  1. Model System Remotely Aircraft System (e.g. UAS which works without download and is used for educational or experimental purposes only within visual view)
  1. Autonomous Unmanned Aircraft System (UAS that does not require pilot intervention in air traffic control)

In addition, the UAS classification under the UAS Framework Rules is the same as the existing guidelines (i.e. stomach-based classification) parameters based on maximum speed (e.g. 15 m / s), height (e.g. 15 meters) and achievable distance (i.e. 15 meters). -100) 

The aforementioned re-appointment of Nano Drones may have implications for the current Drone system and be a challenge for its producers and existing operators. Currently, such drones are exempt from meeting the various conditions determined under the existing guidelines. However, to further the discovery of such releases, the manufacturer may need to build a specific geo capacity to limit the performance of Nano Drones above speed and altitude limits.

“The drone market in India has the potential to hit more than $ 1 trillion. We plan to improve drone production not only in the domestic market but also in other countries,” said  Suresh Prabhu, adding that India’s technology is reflected in its innovative capabilities. -cost solutions. The minister said these drone rules have taken a long time to be developed due to various safety and security issues that need to be addressed. His department, however, identified three specific reasons why these laws have taken so long to develop: Drone technology has developed rapidly.

Many countries are still experimenting with their own drone regulations and no ICAO (International Civil Aviation Organization) has been established. India’s security zone needs more vigilance. Minister of State for Civil Aviation Jayant Sinha said Drone Regulations 1.0 had been established as “the whole digital process” which will take effect from 1 December, at which point the “Digital Sky” platform will be operational.

DIGITAL PLATFORM

As Sinha also pointed out, the new Digital Sky platform will be the first national unregulated national traffic management (UTM) platform that uses a ‘no-go, and no-go’ system for remote controlled aircraft. Users will be required to register only their drones, pilots and their owners on the platform, which will also allow online filing of a particular flight path and use.

Drone Task Force

The Drone Task Force, under the chairmanship of Sinha, will provide draft recommendations for the following series of rules – Drone Regulations 2.0. In terms of service, the following rules will address, inter alia, the following issues:

  1. Ensure safe and secure operation of hardware and software hardware
  2. Airspace management through automated functions linked to the overall air management framework Without visual-line-of-sight performance,
  3. Contribution to the establishment of world standards. Suggestions for modification of existing CAR (public aviation requirements) and / or new CARs.

Operational requirements

The new regulations separate drones into five different types, according to their weight. The rules that apply to drones will depend on the weight category they fall in, starting at less than 250 grams and increasing to over 150 pounds. Five types are nano, micro, small, medium, and large. With the exception of nano, all other categories of drones require government registration and are issued with a Unique Identification Number (UIN). Drones owed to intelligence agencies also do not have this requirement, it is not surprising. In addition to these permits, Unmanned Aircraft Operator Permit (UAOP) is also required for drone users, with the exception of nano-drones operating less than 50 meters and micro-drones operating less than 200 meters.

Airspace, too, is divided by the government into various areas. Here’s what they show you:

Red Location: Flying is not allowed.

Yellow Zone: Controlled air space – permit required before flight.

Green Zone: Uncontrolled air space – default permissions

Apart from this, there are some places in the country that are marked as ‘No Drone Zones’. Some of these Non-Drones have been identified as areas around the airports, those near the international border, the Vijay Chowk in New Delhi, the State Secretariat Complex in state capitals and what the department called “strategic areas / strategic and military areas”.

Equipment needed on board

  1. GNSS – Global Navigation System
  2. Return to Home (RTH) feature
  3. The anti-collision lamp
  4. ID-Plate
  5. Flight controller with flight data entry capability
  6. Radio Frequency ID and SIM / No Permission No Take off (NPNT)

A Comparative Analysis: Drone laws in India with laws in the UK and USA

A view of Drone laws in the UK:

Drones are divided into three categories: A, B and C – with the smallest and most complex category in A, and the highest category C – based on their weight, technical complexity, and working environment. Drones usually weigh up to 7 kg in category A. The drones in this category do not need a certificate, but pilots must demonstrate their capabilities. Operation on VLOS must be performed. VLOS performance is a typical operating limit not to exceed 500 meters horizontally or 400 meters above his or her height. Class B drones typically weigh between 7 and 150 kg. The Drones in the team need aircraft authorization and performance as well as proof of their driving skills. The process will take place in VLOS and Extended-VLOS regions. Class C drones also weigh 7 to 150 pounds [7 to 150 kg] but are extremely difficult to operate technically and are used in complex work environments. Drones received full reviews under this category and have strict permissions. Driver and operational requirements are similar to those of Class B drones because they are allowed to operate in air spaces over VLOS and are more complex. While the full independent operation of the UAS is not authorized, certain parts of the operation can be performed without human interference with prior authorization from the authorities.

Drone rules view in USA:

The regulations in the USA are broadly divided into ‘Fly for Fun’ and ‘Fly for Work. The drone must be registered in the ‘Fly for Fun’ category if its weight exceeds 249.48 grams and does not exceed 24.95 kg. This will operate 8.05 kilometers from the airports and will alert the airport and the air traffic control unit to see if operations are being carried out in the area. And in the group ‘Fly for Work’ the drone weight should be less than 24.95 kilograms. All drones weighing more than 250 grams used in this category must be registered. They can travel between VLOS and 400-foot-AGL lengths during the day. The operator must be at least 16 years old on the appointment of a ‘Lease Aircraft,’ to complete a preliminary assessment of aviation skills in the Federal Aviation Administration (FAA), and must be approved by the Transportation Safety Administration. The FAA allows flights on private drones even though it is subject to certain restrictions.

Conclusion

In conclusion, it is important to emphasize that while most of the recent drone debate has focused on state use of drones for military purposes and purposes, the use of drones by the public and the public should be taken into account. There is an urgent need to strengthen policy and co-operation between India and the United States at any given opportunity in the event of a commercial drone market in India. There is a need for political agreement and cooperation between the Department of Defense, the Department of Home Affairs, the Department of Trade and Industry, the Department of Public Aviation, in order to establish and develop the drone industry in India, Industry and International Trade Promotion Department, and planning commission, among others. In addition, large-scale policy funding requires drone education – operator training, drone production capacity, drone identification and monitoring, remote pilot degrees, and other relevant drone services. It is time for India to partner with the United States in the growth of its commercial market, establish and develop a regulatory environment so that commercial drones can be used efficiently and effectively, and with declining demand.

Articles

HUMAN RIGHTS ISSUES IN INTELLECTUAL PROPERTY RIGHT

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This article is written by KOMAL SALONI, pursuing B.B.A.LL. B (Hons) from Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith. This is an exhaustive article which deals with the different issues between Human Rights and Intellectual Property Rights.

INTRODUCTION

Human Rights Law and Intellectual Property Rights (IPR) law are completely two contrasting areas of law. Since their inception, they developed separately from one another. None of them contravene on each other’s realm. As it has been recently perceived that both the field of law are associated with one another. There is a perspective that both the laws of Human Rights as well as IPR are in fundamental disagreement with each other. Accordingly, it has been observed that Intellectual Property Rights law infringes on the various Parts of Human Rights Law, particularly concerned with social, economic, and cultural rights. Another aspect is that both the Laws can co-exist simultaneously.

BACKGROUND

The extension of the Intellectual Property Rights stimulated the discussion towards the correlation between Intellectual Property Rights and Human Rights because many developing and least developed countries are not in a situation to implement the TRIPS standards in their dominion without compromising the development in their country at the price of Human Rights.

The Government should acknowledge their assert towards their conventional understanding over the matter, which is interconnected with biodiversity, agriculture, etc. 

  • Indigenous Communities 

As stated by the Intellectual Property Rights Authorities, the traditional acceptance is contemplated to be a part of the public realm, because it does not encounter the established standards for the protection of private ownership. Given that the traditional understanding is left unused, many private enterprises make use of this knowledge for further innovation and subsequently shield their innovation by way of copyrights, patents, etc. but the indigenous communities are underprivileged of their legitimate shares.

However, the existing defect in the Intellectual Property Rights (IPR) system of the government taking advantage of the indigenous communities by several enterprises, which lead the way of infringement of the Human Rights of the indigenous sections. The Government should introduce codification for the sake of the indigenous groups where they can seek damages for unaccredited use of their conventional knowledge. The Government can also safeguard the objects, which have been obtained from the traditional knowledge by repudiating the copyrights, patents, etc. 

SIGNIFICANCE OF THE STUDY

Intellectual Property Rights and Human Rights both are very important as one is a non-fundamental right i.e., IPR. But both contradict in many aspects. To understand that it is important to have deeper knowledge in that area.

In 1948, The Universal Declaration of Human Rights was adopted by the United Nation. As a result, the declaration constitutes the universal acceptance that fundamental freedoms and basic rights are immanent to all human beings, equally applicable to every person.

  • Make a difference in the world

In case someone is looking for a career in Human Rights and a field of study in this which lead the way towards positive impact and basic rights, human rights possibly a good fit. Human rights are all about recommending for the rights and freedom of the people. 

Human rights professionals work in various corporations like government agencies, social service organizations, law firms, international organizations, and even businesses. They also work in different countries for the positive change in the direction of protection of rights for endangered groups and better responsibility towards the government.

 The Study endorses that to attain the need of spreading awareness about Intellectual Property Rights, protecting their intellectual ability the Professionals, Students, Researcher need to have proper knowledge about the matter. 

INTELLECTUAL PROPERTY RIGHTS AND HUMAN RIGHTS: A CONNECT-DISCONNECT

The discussion on the correlation of both the laws, human rights, and IPR has frequently attracted two utmost views — a conflict perspective and a coexistence perspective. There is a wider scale of economic, social, political, philosophical, and practical issues that mount the convergence of human rights and IPR. These engrossing and challenging matters are attracting increasing attention from Judges, government officials, attorneys, and scholars, whose activities are mapping the contours of a rapidly changing legal landscape.

As mentioned in the middle of the topic Article 27 of the Universal Declaration of Human Rights (UDHR) articulate a constitutionally secure interrelation between human rights and IPR. 

After several consultations when TRIPS was finally approved the global perspective towards Intellectual Property Rights go through an enormous modification. However, developing and less-developed countries remained aggressive on the probable dispute of the agreement is inverse towards the consciousness of social, economic, and cultural rights. Later on, the World Trade Organisation (WTO) highlights the extensibility built into the TRIPS concurrence and on the various International Trade agreements in arrangement to raise the possible conjunction of Human Rights and Intellectual Property Rights.

The discussion on both the rights organization was advanced along with the committee on Economic, Social and Cultural Rights (CESCR) in 2006 by the process of General Comment No. 17. The statement provided reliable elucidation of Article 15(1)(c) of the ICESCR make it understandable that not all characteristics of Intellectual Property Rights have Human Rights standing. 

In the keynote, The impact made by the TRIPS agreement is considered extensive than aforesaid antecedent international legal documents. Considering stocks of the Post TRIPS era, it is perceived that some important elements of Intellectual property authority like the scope of protection and the subject-matter of protection have increased promptly in conventions and national legislations — considering the laws of developing nations with regards to recently developed online Information Technologies (IT). 

Continuously changes in global spirit remain the discussion between human rights and Intellectual Property Rights vital. A continuous opposition in this domain is to affect the balance of rights between human rights and IPR. Frequently it is problematic to understand the specified intellectual property standards interchange with the provisions of human rights implementation that are generally prepared in inclusive language. 

Besides, the challenges became major while there is not any comprehensive solution for the whole country to complying with the different given rates of development.

PERSPECTIVE

The UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) is probably the most eminent international document that gives utterance to interpret the Human Rights rule, which efficiently annotates the Intellectual Property Rights on a global scale. 

“Every person has the Right to voluntarily take part in the civilization of the communities, to delight in the arts and culture, and to giving part in its scientific advancement and its welfare.”

 “Every person has the Right to sustain the morale and vital interests accompanying from any artistic production, scientific or literary of that one whose he is the author.”

These two subsections of the same provision of the UDHR show the compound and sometimes questionable connection, which may give rise to inconsistency, among the Intellectual Property Rights and Human Rights.

CONCLUSION

As many questions came out, Do Human Rights associate with the totality of IPR?

Are unquestionable IPR impute protection from the human rights ambit? While scrutinizing the similarity, which rights should be contemplated from the colossus formation of human rights? While answering these questions it unavoidably turns on to one’s basic assumptions, worldview, philosophical dispositions, and ideological values.

Although it is challenging this association between human rights and Intellectual Property rights needs to be renewed and scrutinized.  Now the time is to encourage the creation and innovations towards the country that extend towards humanity completely. Also, the individual objectives and interest matters it is the need of the hour to think about collective and sustainable development.

SUGGESTIONS AND RECOMMENDATIONS 

The specific rights that are being compromised should be recognized, for the settlement of the conflict between Human Rights and Intellectual Property Rights. Firstly, The Human Rights bodies should enlarge specified interpretations of those questionable rights (primarily social, economic, and cultural rights) to assemble them with the terms of the TRIPS Agreement. Secondly, whether TRIPS Agreement is observed from the Human Rights perspective, then the consumers of Intellectual Property products and the owners of the Intellectual Property products will be on equivalence. The agreement outlooks the consumer of their products as inferior to owners of these products. If the Human Rights aspect is adjoined to the agreement, then the consumers will also be counted as the bearer of those internationally approved rights. Thirdly, the governments should foist maximum standards for IPR protections, instead of advocating minimum standards. This would act as a boundary for the increasing standards of Intellectual Property Rights protection. Lastly, the international forums that make new laws on IPR such as the World Trade Organisation (WTO), the World Intellectual Property Organisation (WIPO), etc., must analyze the laws with the perspective of Human Rights Law and IPR Law that they can co-exist properly.