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A Better Version of Arbitration: Arbitration 2.0 

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This article is written by Lavi Agarwal, a 2nd year law student at Faculty of Law, Lucknow University, Lucknow

Is Arbitration really in use? 

India is known for the backlog of hundreds of thousands of court cases. Several authors have discussed in their papers, articles and study the various reasons for the massive number of pending cases. Such reasons range from lack of judges to corruption. A boon to the world, especially India, was the discovery of the practice of arbitration. Arbitration is one of the most effective methods of alternative dispute resolutions, which, because of their convenience, have become very hot in India. Arbitration is the forum in which parties, by an agreement between them, choose a forum other than the Court of law to resolve their disputes. Due to the global connectivity of several companies and trade organisations, the location of litigation during disputes remains ambiguous. The enforceability of foreign awards in different nations is quite confusing and is prone to further litigation and appeals. For these reasons, arbitration is widely used by companies having international partners.  Arbitration comes to the rescue of people regarding several different problems in nature that people face in different countries. Even though companies are more familiar with litigation and have used it since times immemorial, arbitration seems to bag the award for dispute redressal methods. Studies have shown that companies have often opted for arbitration as a single dispute redressal method or in combination with mediation.  

According to the survey done by PWC, which is represented in the graph above, it was found out that arbitration was the leading preference of dispute resolution. To explain the graph above, the survey aimed to understand which method of dispute redressal was most preferred by companies. It’s apparent that arbitration seems to have gained some loyal fans. In comparison to arbitration is litigation, which is the most common method of dispute redressal, mediation, which is yet another alternative dispute resolution and mainly focuses on a lesser formal way of negotiation and finally, there is expert determination which is to follow the decision given by an expert.  

Why should I choose arbitration over my lovely old litigation? 

There are several reasons for people and Companies to choose the different methods of arbitration these days. India has, since ancient times, more so specifically, since the British rule, witnessed and thoroughly practised third party settlements. However, it was further codified in law for the first time in the Arbitration Act, 1940, which was made to consolidate the already existing informal arbitration laws. After this, another Act by the name of the Arbitration Act, 1961 was drafted with similar objectives. However, both of these Acts were repealed and India adopted the United Nations Commission on International Trade Law model of arbitration since 1985. Regardless of how much attention was grabbed by the Court system, India could not let go of the rather informal and speedy methods of dispute redressal such as arbitration. According to a survey done by PWC, under the same study as mentioned above, results showed the reasons why people preferred arbitration.  

The Graph above shows the various reasons why people choose arbitration. All of the above reasons such as speedy resolution, flexible procedures, privacy etc appear to be higher and better than the regular method of litigation thereby pushing people to pick arbitration.  

Most contracts between companies prefer to have an inserted clause of arbitration. For example, the Hindustan Construction Company Limited which enters into large scale contracts with companies like National Highway Authority of India etc have such a clause in most of their contracts. Almost all the standard forms of contracts prefer arbitration for disputes as well. Just in the past week, a case between the Government of India and Vodafone regarding a tax dispute was decided through the method of international arbitration in favour of Vodafone. The rise of arbitration was sudden and great! People don’t want to go through the regular bumps of litigation anymore and more so over, they don’t want to wait for so long to get done with their disputes.   

The frequent practice of arbitration was slightly hindered by the pandemic that hit the world. While arbitration is rather hassle free compared to litigation, it was still considered best for the parties to be physically present before a third party to resolve their disputes. Due to COVID –19, many companies face two severe problems, viz, incapacity to perform their contracts thereby leading to disputes and inability to resolve these disputes in the physical presence of each other. These problems appeared to have failed the belief of people in arbitration. However, thanks to the technological world we live in, such arbitration proceedings can be conducted online as well. Even though the dead-weights of arbitration exist and have a stronger effect when conducted online, the world needs to stick to it to resolve all their disputes.  

What is Online Arbitration? 

Globalization and growth of international commerce has led to a rise in cross border disputes which appear to be difficult in resolving due to the distance. However, arbitration is one such method of dispute redressal, inter alia, which is widely used.  

Arbitration is an alternate method of redressal and as explained above, it’s a method in which both parties present their case before an arbitrator/tribunal, a practice generally agreed by them in their contracts. The usage of this method comes from a clause in the agreement or the consensus of both the parties. The arbitrator then decides an award for the case which is given the same status as that of a decree passed by a Court of Law. The only requirement present in arbitration is that its constitution should comprise of an odd number of arbitrators to follow the majority vote practice. In India, it is governed by the Arbitration and Conciliation Act, 1996. 

One of the most efficient ways to put arbitration into use is through the means of the internet. While arbitration is rather simple when compared to regular litigation, arbitration also required the physical presence of the parties until now. However, while the world paces itself to become more web-friendly, arbitration can also be practiced through the web. A wonderful gateway to begin online arbitration has been brought by the unfortunate times of the COVID Era. It has become nearly impossible for people to physically mark their attendance in Courts or Tribunals. The uncertain reopening of the same forums brings about an anxiety people are not ready to deal with yet. Online/web arbitration could be the answer that raises the hope of certainty in such times.  

Online Dispute Resolution is a method of alternative dispute redressal by itself these days. It consists of the several processes of alternative dispute redressal systems like arbitration, mediation and conciliation. All of these processes, when conducted through the means of the internet fall under Online Dispute Resolution. While these methods of dispute redressal have become quite hot in India, we haven’t been able to witness many cases being conducted online.  

Online arbitration is one such dispute resolution conducted on the internet. It simply requires the parties to send notices through email, submit their documentation on an online portal, be virtually present and answer the questions asked by the arbitrators in all of its scheduled online sessions and receive the award through the same means. Unlike the traditional practice of arbitration, since online arbitration has the element of internet, it is not only governed by the Arbitration and Conciliation Act, 1996 but also the Information Technology Act, 2000. It’s a harmonious mixture of all rules and procedures of traditional arbitration with the touch of internet.  It’s the simplest and the most convenient way of resolving disputes, especially during the COVID Era when parties can’t mark their attendance physically to deal with their legal disputes.  

Why Online? 

India needs to walk the path of online resolution for several reasons. While the people of India were successful in opting for the different alternative dispute redressal methods, resulting in a stop of increasing litigation in the Courts, faster delivery of justice and efficient resolutions, India has the capacity of putting a cherry on top of the its arbitration cake by resorting to online arbitration, especially during the times of COVID 19. Online arbitration has several benefits, viz.: 

  • While online dispute redressal follows the speedy disposal and fast track methods of dispute resolution, taking all of them together online on a portal will further increase the degree of benefit on such suits. 
  • Online arbitration is also cost effective as it helps to avoid ostentatious costs such as the exorbitant advocate fees, travel fees and charges for hiring good reputed institutions etc. Cutting down all these charges makes online arbitration a cost effective method of dispute resolution.  
  • Online arbitration also helps save time of the parties, arbitrators and everyone involved in the matter. There remains no need for people to wait for the physical presence of anybody involved in the issue thereby saving time and furthering speedy disposal of the matter. 
  • Since the dispute would be resolved on the internet which can be accessed at any time anywhere, there would remain no ambiguity in deciding the jurisdiction of the tribunal where the matter is to be heard and decided. 
  • Online arbitration would also ensure availability of arbitrators. Most arbitration proceedings witness delays because of the non-availability of the arbitrators but online arbitration would ensure that the arbitrator is scheduling a session only when they’re available which would prevent any wastage of time. 
  • Online arbitration could prove to be more flexible, simpler and informal when compared to physical arbitration. The proceedings would also be less confrontational thereby giving the parties a more flexible approach to the case. Since these proceedings can happen online, parties can have the discretion of following a more user-friendly approach to making it informal as well.  
  • Online arbitration would ensure maximum confidentiality when compared to any other platform. 
  • Online arbitration would also turn out to be more environment-friendly as it would help prevent the use of the millions of papers that go in documentation. , 

Because of all of the reasons mentioned above, online arbitration would be a great idea for India to implement, getting a head start during the times of Corona Virus. 

What should I keep in mind before choosing Online Arbitration?  

  • Similar to the regular arbitration clause in contracts today, parties should be required to mutually agree and insert an online arbitration clause until the world normalises the use of it.  
  • The parties should be allowed the discretion of choosing online arbitration even after entering into the contract so as to avoid situations like a pandemic in the future. 
  • Provisions regarding online arbitration should be expressly specified by both parties so as to avoid any confusion on jurisdiction or to prevent situations of prejudice due to lack of know-how or facilities. 
  • The parties should be completely in touch with the new and rising service providers for online arbitration and decide for the same in consensus.  
  • The parties should be well aware of all cyber rules and laws to ensure the proceedings of one dispute don’t start other contempt disputes. 
  • The parties should also have a good knowledge of all their rights and obligations while in the process of online arbitration to avoid any delivery of injustice. 
  • The communication skills of parties must also be good since online arbitration would deprive parties of face to face interactions.  

While the benefits of online arbitration have been discussed above, there’s no doubt that the provision of online arbitration comes with its own set of disadvantages like lack of digitalisation in India, lack of awareness, lack of security, excessive hacking making the documents easily accessible to strange parties etc. However, it seems like most of these disadvantages can be worked on to subdue the degree of its negative impact. 

Will India use Online Arbitration? 

After having discussed the several components that form the entire concept of Online 

Arbitration, it’s quite clear that the need of the hour is online arbitration and that its positives seem to easily sideline its negatives. Online arbitration, by far, is the best mode of dispute resolution any legal system has seen thus far. It provides the ease of an amicable negotiation, it provides the convenience of time and place and for those sceptical old timers who believe in the basic idea and procedure of litigation but do not want to deal with its fuss, online arbitration also provides a slight resemblance to litigation through its call for evidence and documentation, its third party decider and the legal status and recognition of its award. 

The world has reached the apparent brim of technology faster than the evolution of mankind has taken place. People work smart and not hard anymore; things happen in the blink of an eye, contracts are entered into by parties of different nationalities within a few seconds, postage mails have now become emails reaching you before you even confirm their arrival. Considering how fast the world is becoming and how globally connected we all are, we cannot stick to the old systems that require our physical presence, time and unnecessary effort for issues that could happen over a video call. Several cross border contracts are made every day thereby also increasing the rate of such disputes. Parties don’t have the time to wait for years together to come to a decision and settle their legal issues. There is no time for anyone to wait and matters have to be settled within months, even weeks or it could lead to major losses for either or both the parties due to in-operation or halt in activities. Luckily, India has also been privileged enough to run alongside and give solid competition to its fellow competitors (countries) in the race of globalisation and social connectivity. However, what one should remind themselves of is that most of India’s population is still deprived of internet facilities and barely even understand the importance of it. Expecting regular citizens to work through online arbitration for their disputes could be a far-fetched goal for India; however, since India has globalised greatly, laws can be enacted to make online arbitration mandatory for at least, issues with a certain pecuniary limit or certain subject matter of issues/disputes. While such arbitration could be considered to be a gray area, and the ambiguity of the words “place” or “seat” in arbitration hinder people’s belief in arbitration, if India understands and successfully enforces all the laws covering the ambit of online arbitration, India could definitely spark up a rise in the trending mode of dispute resolution. Last but not the least; online arbitration could significantly help reduce the pending cases of the Courts in India. Cases from the Courts could be diverted to online arbitration or any new fresh suits can be diverted to online arbitration, especially during the COVID Era, where not only are the disputes rising but the Courts are also indefinitely shut leaving the parties hanging with nowhere to go for settlement.  

Conclusion

To conclude, I would like to mention there is no need to insist on the obvious importance of the internet anymore, and what India needs right now desperately is online arbitration because of all the positives it has attracted to itself. India had seemed reluctant to begin the online proceedings of the Court at the beginning of the COVID Era itself, so it would definitely take some time to consider online arbitration as a suitable method. However, just like the law is dynamic and changes according to time, the procedures of enforcing these laws also have to change, and people need to and will adapt to the same changes. There is no doubt that the beginning of online arbitration in India would require a lot of effort, capital and awareness, but once this stage is crossed, then the process of online arbitration will become as smooth as it can get.   

Articles

Artificial Intelligence and Laws in India

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This Article is written by Yashi Kumari and Kriti Kumari, students of Indraprastha University

Introduction

Artificial Intelligence is the replication of human intellect which is done by the machines, mainly Mechanical Learning or Computer System. Artificial intelligence (AI) refers to competence exhibited by machines as compared to organic insight expressed by humans or non-humans. AI applications consists of forward-thinking web search browsers (e.g., google, Firefox), reference systems (such as YouTube, Flipkart, amazon), AI bot who understands human language (such as Alexa, Siri, Ira), cars without drivers (Tesla), and in tactical gamepad, competitors compete at the highest level. As devices become far more capable, tasks requiring “intellectual capacity” are frequently excluded from the definition of AI, a singularity is known as the AI effect. The use of artificial intelligence (AI) in the system of justice is still in its early stages, but it is gradually being incorporated by a number of countries, law firms, and judiciaries remarkably similar. It offers outlay answers to problems to solicitors by indicating out legal flaws in verdicts, assisting in the drafting of contract documentation, proper research, legal big data, and so forth. Likewise, AI can pave the way in decreasing the burden on the judiciary, particularly in cases involving misdemeanours, while leaving complex situations to be decided by court to issue.

Development across the World: History

Ever since inception as an academia in 1956, machine learning has gone through several phases of positivity, dissatisfaction, and finance reduction, accompanied by alternative ideas, achievement, and revived funding. During its history, AI research has been undertaken and rejected various methods, including replicating the brain, modelling human critical thinking, logic, database management system of knowledge, and trying to imitate animal behaviour. Over the first two dawn of the twenty century, remarkably arithmetic numerical machine learning experienced great success, and this method was extremely successful, assisting in the resolution of many complex challenges in industry and academia. 

Human intelligence “can be so described simply that a computer system can be made to recreate it,” according to the program’s founders. This raises ethical issues concerning the mind and the moral standards of creating artificial beings with human-like intelligence. Folklore, fiction, and principles have all addressed these issues since earliest times. AI, with all its incredible potential and ability, has also been proposed in speculative fiction and post structuralism.

IBM’s Chatbot Ross has indeed been incorporated among many legal firms nationally and internationally, especially in the United States, and is largely used to scrutinize contractual agreements, initiate legal work, and briefly review legal concepts, among other things. 

781 A. Atabekov, O. Yastrebov Provided the results of this study, the scholars would advise Russian legislators to look at it this way: – The probability of establishing a soul institute in the field of artificial intelligence, involved in designing specifications and rules of conduct that must be followed by holders and holders of humanoid agents, as well as by the humanoid agents itself. The establishment of an institution as the authoritative entity at the national level in the field of robotics, capable of determining the activities allowable for robots, while keeping in mind that the robot is a source of immense threat.

Current Position in India

However, there are no privacy and data protection policies in India, private data is protected under Sections 43A and 72A of the Information Technology Act. It, like the GDPR, contains provisions to reimbursement for improper release of information. The Confidentiality was declared a Basic Human right under the Constitution of India by the Apex Court in 2017.

Artificial intelligence has the potential to add 957 billion Dollars, or around 15% of India’s current gross investment, by 2035. In the following decade, System will be able to touch everybody’s life in some way. In 2018, the NITI Aayog (Policy Commission) initiated a number of AI-related programs.

The Ministry of Electronics and Information Technology introduced four committees to emphasize and evaluate difficulties related to AI. A Joint Parliamentary Committee is currently deliberating on the PDP Bill – Personal Data Protection Bill 2019 – which is based on a draught data security statute. The bill becomes law once it’s been passed through both houses of the parliament. In India, the advancement of AI adoption is outpacing the creation of regulations to govern it. Sectors are now starting to use AI technology to retrain their workforce. The apparently New Education Policy focuses on teaching coding to students’ rights beginning in Primary School. India will be a hotspot for innovative AI technologies.

Cyril Amarchand Mangaldas is possibly India’s first legal firm to use artificial intelligence (AI), which is mainly used to review and evaluate contract terms along with other legal documentation. Prevailing CJI SA Bobde has spoken about and endorsed for wider use of AI in the system of justice, particularly in document analysis and decision making. The Hon’ble Supreme Court Bar Association organized an event (SCBA). But even so, in developing countries such as India, the use of AI may be irregular due to an unwillingness to adapt to this new change. There seems to be concern that AI will have significant consequences in a workers supply economy, where the majority of the population are illiterate and poor.

AI and Cyber Security

AI and machine learning are quickly have become indispensable in network security, as these technology solutions are capable of rapidly assessing millions of data sets and detecting a wide range of cyberattacks, from malicious activity to questionable behaviour that may result in a phishing. AI is the optimum cybersecurity solution for organizations worldwide that want to emerge online. To perform effectively and safeguard their organizations from cyberwarfare, security specialists require strong backing from machine intelligence and technologically advanced such as AI.

Advantages

Some of the advantages are as follows:

1. AI Acquires More Competency Level

Artificial intelligence, as the term indicates, is astute, and it is using this capacity to advance network infrastructure over time. It employs ml algorithms to learn the behaviour of an enterprise network over time. It detects and groups trends in the network. It then detects any discrepancies or security attacks from the norm before answering.

2. Anonymous Concerns are Identified by Artificial Intelligence

An individual might not have been able to determine all of the menaces that a business confronts. Each year, cybercriminals launch massive amounts of attacks for a variety of reasons. Obscure attacks can wreak havoc on a system. Badly, they can have a substantial impact before users detect, recognize, and avert them.

As assailants experiment with new ploys ranging from complicated social mechanical to malware and viruses, contemporary remedies must be used to avoid them. AI has demonstrated to be among the most effective technologies for routing and preventing unknown attacks from wreaking havoc on an organization.

3. AI is Capable of Large-Scale Data

On a corporate server, there is a lot more going on. A classic semi business generates a lot of traffic. This indicates that the majority of data is exchanged between brand and the consumer on a frequent basis. This information must be safeguarded against remote attackers and operating systems. However, cybersecurity professionals are limited in their ability to inspect all visitors for perceived attacks.

4. Improved Adaptation

Data protection is critical to the security of a corporate servers. As previously stated, the typical organization faces numerous dangers on a routine basis. From being protected, it must discern, identify, and inhibit them. AI research can aid in security solutions by analysing and assessing current security protocols.

5. Enhanced Average Protection

From every now and then, the threats facing business connections change. Day after day, hackers play defensively. It is therefore difficult for a business to prioritize safety duties. You may just have to come to terms with a phishing scam and a Rejection of Business attack.

The above threats have similar capabilities, but you should initially understand what else to deal with. Operator error and carelessness are more serious threats that can make confidentiality a challenge. The remedy is to implement AI on your system to find all sorts of threats and assist you in prioritizing and preventing the others.

Disadvantages

The benefits brought up above constitute only a small portion of AI’s goal of improving cybersecurity. 

Even so, just like anything, there are a few drawbacks to utilizing AI in this ground. Institutions would require a lot more liquidity and capital investments to create and operate an AI system. 

Moreover, because AI systems are trained using sets of data, you will also have to collect a large number of sets of malware codes, – anti codes, and oddities. Obtaining all of these data sources requires an extensive investment that most businesses cannot access.

AI machines can produce inaccurate results and/or false positive rate in the absence of large datasets and occurrences. Obtaining flawed information from untrustworthy references can even end up backfiring. 

A further significant disadvantage is that cyber attackers can use AI to analyse their ransomware and unveil more malicious activities, which brings things to a whole new juncture.

Relevant Judgements and Cases

Shankar v. State Rep.

Decision: The Court stated that the statement of claim reported against the plaintiff cannot be nullified under the law that applies to the non-granting of punishment of court proceedings under Section 72 of the IT Act.

Christian Louboutin SAS v. Nakul Bajaj & Ors.

The Court was required yet if the defendant’s use of the petitioner’s mark, symbols, and picture is secured under Section 79 of the IT Act.

Decision: The Court determined that perhaps the defendant is more than just a mediator because the web application has complete knowledge about the products sold through its console. It characterises and then promotes third-party sellers of their products. The Court also held that an e-commerce platform’s full engagement would preclude it from the privileges given to intermediaries under Section 79 of the IT Act.

Review and Conclusion

Artificial intelligence in due diligence and practise may indeed be a domain which has yet to be recognized. There may well be differing views on whether AI will be cost efficient and beneficial in the legal field, and whether it will lead to unemployment. It is worth noting that AI eventually evolves from the intellect, so the idea of AI replacing humans remains uncertain. The goal of legal technology is to facilitate solicitors rather than to substitute them with robotic arms.

In science and medicine, even though the action is carried out using robotics equipment, the equipment is still functioned under the supervision of a competent doctor. Furthermore, while AI technology has an effect on employment, not all advocate jobs will be automated in the coming years. In the long run, homogeneous authority regulation may be required to control AI technology. We’re still a bit far away from the era of humanoid lawyers. There are numerous concerns about fair opportunities to the necessary technology for legal professionals. The higher education for a degree in law must be coherent, and technology must be supposed to teach to them in order for each of them to cope up with advanced technologies.

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Competitions, Opportunities

Col. Dr Jeppiaar 1st All India Tamil Moot Court Competition: Register By Aug 30

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About School of Law, Sathyabama Institute of Science and Technology

Sathyabama School of Law aspires to be an internationally – renowned Centre for research and teaching in law. School of Law is dedicated to advancing human dignity, social welfare and justice through knowledge of the law. School of law offers B.A. LL. B (HONS.), B.B.A. LL. B (HONS.), B.Com. LL. B (HONS.), and LL. B Programs.

About the 1st All India Tamil Moot Court Competition

Sathyabama School of Law is organizing their Col. Dr Jeppiaar 1st All India Tamil Moot Court Competition-2021. scheduled to be held from October 7th to 9th, 2021.

Language

The language of the Moot Court Competition is Tamil.

Platform

Zoom

Registration Details

  • Registration shall be completed by filling up this google form.
  • There are no limits on the number of teams participating from an institution.
  • Click on the link given at the end of this post to register for the competition.
  • Mail id- sslmootsociety@gmail.com

Important Dates

  • Provisional date for registration: August 30, 2021
  • Last date for registration: September 25, 2021, before 10 PM
  • Last date for submission of memorial: October 06, 2021, before 11:59 PM
  • Date of the Competition: 7th to 9th October 2021

Registration Fee

The registration fee for the competition is Rs. 2000 per team.

Account Details

  • Account No.: 616546836
  • IFSC Code: IDIB000S201
  • Account Holder Name: DR. Dilshaad Shaik
  • GPay No.: 9849000331

Awards

  • Winner: INR 10,000 with certificate
  • Runner Up: INR 5,000 with certificate
  • Best Male Speaker: INR 2,000 with certificate
  • Best Female Speaker: INR 2,000 with certificate
  • Best Memorial: INR 3,000 with certificate

Contact

Email ID: sslmootsociety@gmail.com

SSL Moot Court Society:

Mrs Poojashree (Organising Secretary): 9940055807

Arya Abaranji. P. S. (President): 9500044929

Eeshwaa. C. G. (Vice-President): 6383550954

To Download Brochure,CLICK HERE

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Opportunities, Webinars/Workshops

Webinar on the Topic “Making India a Hub of Arbitration”| JUS CORPUS

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ABOUT JUS CORPUS 

ISSN (O): 2582-7820; Indexed at 25 Databases.

Jus Corpus is a double-blind peer-reviewed Interdisciplinary E-Journal that provides a platform to students, academicians, scholars, professors & professionals in the fields of law and management to publish their Articles, Blogs, Case Comments, Research Papers, etc. in the different volumes and Blog section.

Jus Corpus aims to bring various aspects and chains of Law under a single umbrella and provide services to the Law students. The inspiration was derived from the ever-growing need of the Law Students. We offer Online Internship opportunities to Law Students as Law Researchers, Content Writers, and Editors, etc.

ABOUT THE SPEAKERS

1. Mr. Jeevan Ballav Panda (Partner, Khaitan & Co.)

He is a disputes lawyer with more than 13 years’ experience having a special focus on Commercial Litigation, Arbitration and Employment. He is also empanelled as an Arbitrator at the Delhi International Arbitration Centre (DIAC). He was featured in Asian Legal Business (ALB) India’s Super 50 Lawyers 2020 based on recommendation of clients and external counsel and senior counsel sent directly to ALB. The Legal 500 (Legalease) 2021 Asia Pacific has recognised him as a Recommended Lawyer for Labour and Employment. Recently, he have also been recognised by ALB as one of India’s 50 Rising Stars in ALB’s India Rising Stars Ranking 2021.

2. Mr. Rishav Dutt (Principal Associate, Khaitan & Co.)

He manages legal services in practice areas such as commercial litigation, arbitration and employment and labour benefit practice for the Kolkata office of the Firm. He is a Principal Associate. With more than 10 years of professional experience, he has core competence in the areas of commercial litigation, arbitration (Domestic and International). He has advised several clients, both in the public and private sector, on general commercial litigation including strategy and conflict advisory in potential dispute situations. He has handled commercial litigations before a number of High Courts in India and has consistent experience of handling complex matters. He also conducts trials in various domestic arbitrations.

ABOUT THE SESSION

The topic of the Webinar: “Making India a Hub of Arbitration”

Date: August 28, 2021

Timing: 6:00 pm (onwards)

Venue: YouTube Live

Channel: https://www.youtube.com/channel/UCiupb-xxBUNetwODl5dJVDg 

Registration Link: https://forms.gle/2KchfHvgH59QemxP6 

PERKS: E-Certificates to all the Attendees.

CONTACT US

For any query feel free to reach: support@juscorpus.com 

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Internship/Job, Opportunities

Job Opportunity At Sony Pictures Networks India: Apply Now!

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About the Position

Sony Pictures is hiring a senior associate for ensuring compliance with data protection laws in multiple jurisdictions. The incumbent will be responsible for ensuring compliance with data protection laws in multiple jurisdictions and assist the Digital team on aspects of licensing, commissioning, underlying works, technology, partnership, bundling, sales, gaming, marketing, regulatory and pre-litigation aspects.

Key Responsibilities

1) Data Protection

  • With LIV’s presence in various international territories, handling privacy matters for LIV including but not limited to ensuring compliance with GDPR;
  • Reviewing and updating the privacy policies, cookie policies, and TOUs of LIV in line with the privacy laws in various international geographies like Australia, New Zealand, Singapore, etc.;
  • Updating the privacy policies and TOUs on the channel websites like SET, SAB, PIX, etc. along with microsite terms and conditions;
  • Advising and preparing necessary documentation pertaining to the processing of personal data relating to employees, agencies, vendors, customers, contestants, participants, etc.;
  • Advising the various teams on privacy-related compliances vis a vis contest, marketing activities, etc;
  • Preparing responses to consultation papers, discussion papers, draft laws pertaining to privacy issued by the government from time to time; Keeping abreast with privacy developments in India and internationally along with ensuring compliance, to the extent applicable.

2)Digital

  • Handling documentation and negotiations pertaining to:
  • Licensing (in & out);
  • Content and app distribution;
  • Subscriptions (wallets, bundling, coupons, etc.);
  • OEMs;
  • Payment gateways;
  • Production – Commissioning, co-production, underlying works, and due diligence;
  • Gaming;
  • Sales (direct, volume discounts, etc.);
  • Marketing;
  • Several ancillaries.
  • Advising the business team on various Legal and Commercial issues pertaining to the transactions in terms of, rights procurement, embargos on monetization, the scope of intellectual property, and other contractual rights and obligations.
  • Deployment of appropriate processes and practices in line with industry best practices and for streamlining the business.
  • Pre-litigation documentation such as notices and responses to notices pertaining to LIV.
  • Preparation of submissions to policy papers, consultation papers, etc., issued by MEITY, MIB, TRAI (OTT related), etc.
  • Assist in collaborating with IAMAI/independent body.

Experience

  • 6-7 years [of pure legal experience] (with several years of experience at leading global law firm(s) and/or in-house at major multinational corporations), preferably with some portion of that experience in commercial transactions and intellectual property issues (as mentioned below)
  • 3– 4 years in the Media & Entertainment Industry (more specifically in the OTT space) with at least 2 years of experience in data protection

Education

LLB

Application Procedure

To apply, click here.

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Articles

Sedition: The Self-Inflicted Wound

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This Case Summary is written by Ritunjay Singh & Shruti Parashar, students of Dr Ram Manohar Lohia National Law University

“If I were to remain silent, I’d be guilty of complicity.”― Albert Einstein

When people censor the government, then democracy is in the right hands, but if they are punished for the same, the nation is heading towards doom because in a democracy the sovereignty lies with the people and not the government. To say that there must be no criticism of the government or that we are to stand by it, right or wrong, is not only unpatriotic and servile but morally despicable.

Sedition increasingly has become a law which is being used to curb every kind of dissent. Many nations have abrogated this colonial law and have called those nations out which curb free speech and expression in its name. For example, Britain itself abolished sedition as a criminal offence in 2009 as it was considered to be a relic of an era where freedom of expression was not considered a right as it is now. According to Claire Ward (The then Parliamentary Under Secretary of State at the Ministry of Justice), “The existence of these obsolete offences in this country has been used by other countries as justification for the retention of similar laws which have been actively used to suppress political dissent and restrict press freedom” We are noticing a similar trend in the way this law is being misused. Opposition leaders, Intellectuals, activists, Journalists, authors, students have all been forced to face charges. Before moving any further, we need to look at its history a bit. We also need to understand the circumstances in which this law was brought in and whether or not it’s time to scrap this law. 

Sedition law finds its origin during the British rule in India. Many believe that the only motive behind bringing such a law was to curb the voices which opposed the crown in power during the Indian freedom movement. This law belongs to the time when the divine right of the King and the principles of a feudal society were not questioned. And it is not much surprising that during those times a lot of criticisms were curbed, and legit voices were crumbled down. From the great freedom fighters Bal Gangadhar Tilak, Annie Besant, Maulana Azad to Mahatma Gandhi, all have been tried under this law. Section 124A of the Indian Penal Code, 1860 (IPC), as we have today, was absent from the original draft of Macaulay’s IPC in 1860, and was only introduced in the year 1870, piloted by James Stephen. This law was based on UK’s Treason Felony Act 1848 and was added to mainly prevent the Wahabi uprising. After much discussion in the Constituent Assembly the word “sedition” did disappear from the constitution when it was adopted on 26 November 1949, but section 124A stayed in the IPC.

According to the IPC 1860, Section 124A Sedition is defined as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added.”  Also, sedition is a non-bailable offence which makes it even harsher and the punishment varies from three years imprisonment to imprisonment for life. The irony lies in the fact that the British bought Sedition as a non-cognizable offence while independent India made it a cognizable offence in 1973.

Let us understand through a series of reasons as to why sedition needs to be done away with as a law or at least its ambiguity and vagueness demands a serious reconsideration. First and foremost, the restrictions for the right to freedom of speech and expression have already been laid down under article 19(2) of the Indian constitution. In stark difference to the sedition law which strives to primarily curb voices that goes against the government, article 19(2) imposes reasonable restrictions on the freedom of speech and expression in the interest of the security of the State. The latter makes sense as the security of state refers to serious and aggravated forms of public disorder, example rebellion, waging war against the state whereas the former by its very nature questions thoughts and expression that opposes the government in power. 

At the extreme, even tendencies to peacefully overthrow an incapable government is not a crime because it is a fundamental right of every citizen in the country to overthrow a kind of government which is incapable, corrupt and which acts against the common interest of people without violence, by persuading the people, by exposing its faults in the administration, its method of working etc.

Also, the claim that Section 124A of the IPC has its utility in combating anti-national, secessionist, terrorist activities and Maoist insurgencies fails miserably on two grounds. First being a reminder of the other existent laws those have been specifically drafted to deal with such anti-national, terrorist activities and Maoist insurgency. Laws like NSA, PDA, UAPA and AFSPA have been given enough power to protect the integrity of our state. These are some of the harshest laws that exist in any democracy in the world and yet the proponents argue that we need a parallel law like sedition to deal with the same kind of cases. Maybe the reason lies under the fact that any government feels more autonomous when it holds the power to protect itself against any criticism. 

The second reason daunts even more. Had it been so that this law would have been any useful in controlling the terrorist or the anti-national activities, there would have been at least some merit in holding it. But the past record of the government itself displays the reality. Realities like sedition cases rising by 160%, between 2016 and 2019, while the conviction rate for such offences dropping from 33.3% to 3.3% for the same period.It’s not one or two cases that question the merit of sedition, but a series of frivolous cases rising every now and then. In 2019, An FIR under many charges including sedition was filed against the 49 celebrities who had written an open letter to the Prime Minister against the increasing cases of mob lynching in the country. The allegations were that those letters “tarnished the image of the country and undermined the impressive performance of the prime minister” besides “supporting secessionist tendencies”. In the same year in Jharkhand’s Khunti district, some 10,000 Aadivasis who were part of the pathalghadi movement were charged under Sedition. The protest movement was started by tribals as a resistance movement to assert their rights, including the right to sovereign territory guaranteed by the Indian constitution. Last year, a Karnataka School’s play on CAA and NRC led to a sedition charge against the authorities and the parent of a student who just went to attend the play. Among many charges was one that said, “The dialogues used in the play were an insult to the PM”. This is just a blatant abuse of power.

One of the most recent judgements on sedition by the Supreme Court is the case of Padmashri recipient journalist Vinod Dua. An F.I.R was filed against the journalist in Himachal Pradesh by a BJP leader. In this case, the BJP leader seemed to disagree with the accused’s views posted on his YouTube channel where he can be seen criticizing the honourable Prime Minister. When the matter was referred to the SC, Dua told the Supreme Court that criticism of the government was not in itself seditious unless it instigated violence. He added “Moreover, if I criticise the PM, that does not come under criticism of the government.” The Supreme Court quashed the F.I.R saying, “Every journalist will be entitled to the protection under Kedar Nath Singh [sedition] judgement.”

Many sedition cases registered since Independence have failed to withstand judicial scrutiny. The Punjab-Haryana High Court in Tara Singh Gopi Chand v the State, struck down Section 124A of the Indian Penal Code, which defines sedition, holding it to be unconstitutional as it was contrary to the freedom of speech and expression guaranteed under Article 19(1) (a). Eight years later, in Ram Nandan case, the Allahabad HC held that Section 124A imposed restrictions on the freedom of speech which was not in the interest of the public and declared it ultra vires. 

In the landmark Kedar Nath case, the Supreme Court upheld the constitutional validity of the sedition law. Justice Sinha however, explained, “Comments, however strongly worded, expressing disapprobation of the actions of the government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal. In other words, disloyalty to the government established by law is not the same thing as commenting in strong terms upon the measures or acts of the government, or its agencies, so as to ameliorate the condition of the people…”

The Superintendent, Central Prison, Fatehgarh Vs. Dr. Ram Manohar Lohia case is one of the most important free speech judgements in the Supreme Court’s history. It marked a decisive break with a jurisprudence that the court had developed in the 1950s.By actively requiring the state to demonstrate the proximity between speech and violence or disorder, the court ensured that the word “reasonable” in Article 19(2) was not rendered entirely meaningless. The Court also said that the fear of violence should not be far-fetched or hypothetical.

Unless and until a criticism has some inherent tendencies to bring hatred towards the state (as has also been laid down by the SC)every citizen is entitled to the rights of Freedom of speech and expression. A criticism in a democracy might range from opposing some policies of a government to questioning its credibility to hold on to power.The different cases presented above and the gazillion others ranging between them do not have any insidious tendency underlying. Henceforth, it would be an utter mockery of a democracy to silent those voices in the name of sedition. The issue remains unaddressed that can any government under any circumstance charge individuals under sedition just because it believes that those words can lead to violence.

The haunting concern is, where do we draw that boundary between euphonious statements and those which are antagonistic prima facie but true criticisms and then those which might lead to some small resistance and protests but were not spoken or written with the slightest such intent and finally those which are inherently insidious to give rise to hatred and violence in society. Most governments holding such a miraculous power would charge all the cases but one under sedition. The reason lies underneath the kind of dictatorial set up that we are morphing into. We seem to be receding speedily on the scale of tolerance every other day.

Hence to hold the pillars of democracy and strive to live to the aspirations of the kind of nation that we have always wanted to be, we need to act towards this law to end the vagueness and arbitrariness that it entails. Superficial guarantees of fundamental rights and lawful discouragement of legit speech and expression cannot co-exist in the biggest democracy of the world.

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Cyber Threats: An Overview

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This Article is written by S Muthu Praba & S Sankar Ganesh, students of Dr. Ambedkar Law University, School of Excellence in Law, Tamilnadu

INTRODUCTION

In this modern era of digitalization, internet and social media has became an inevitable part of human life. The emerging risks in the virtual platform creates more vulnerable environment for all the people irrespective of their age. During the COVID-19 pandemic, people carry out all their activities virtually through different media, which has resulted in miscellaneous intrusions from anonymous persons paving way for cyber threats. India is a country which has stringent legislations for the various offences occurring throughout the country. The Information Technology Act, 2000 and various rules given by the government regarding the prevailing conditions in the society curtailed the increasing cyber threats. Proper regulatory measures have been introduced to ensure strong cyber security in the virtual platform. The researchers give limelight on the prevailing cyber threats and existing legal remedies available in India compared to the international perspective. Though there is no explicit legislation for cyber law, the IT Act and various other acts together serve the sole purpose of reducing cybercrimes. Judicial precedents help in the application of various provisions of the legislations thus rendering justice to the people affected by virtual crimes.

CYBER THREATS IN INDIA

Cyber threat is defined as the possibility of a malicious attempt to damage or disrupt a computer network or system. Cyberattacks occur through different means with multiple intention of threatening the targeted system or person. In 2020, the most observed forms of cyber threat are:

  • Distributed denial of service (DDoS attacks)
  • Social engineering
  • Cloud computing vulnerabilities
  • Third Party Software
  • Ransomware

During the pandemic, data breaches and other cyber security issues reported are rapidly increasing when compared to the first quarter of the year 2019. Around 3,137 cyber security related issues were reported every day in 2020 in mediocre level. Due to the unintended shift to the digital services, people became more vulnerable to cyber threats. In 2020, nearly 1.16 million cases of cyberattacks were reported which is far greater than that of the cases reported in 2019. Further, the Indian Computer Emergency Response Team (CERT-In) has observed 11,58,208 cyber security incidents in the year 2020 which has led to various cyber threats.

Researchers have warned that the cyber threats are likely to increase in 2021 due to the extended virtual working platform. The government has issued several guidelines and other cyber security measures in order to curb the cyberattacks. 

CYBER LAWS IN INDIA

Though there is no exclusive legislation for cyber laws in India, they are governed by the existing legislations which deal with cyber security and related issues. The Information Technology Act, 2000 guides all the Indian legislations regarding e-commerce, e-banking and e-governance thus providing various provisions offences occurring in computer networking and virtual platform.

The Indian Penal Code, 1860 is invoked along with the IT Act as it also deals with certain offences applicable in cyberspace also. The forgery occurring in digital format and examination of such evidence are governed by the Indian Evidence Act.

The cybersecurity obligations and other responsibilities of the companies registered under the Companies Act, 2013 are refined under this legislation. The SFIO (Serious Frauds Investigation Office) is vested with the power to prosecute the company and its directors. They became stern and proactive after the Companies Inspection, Investment and Inquiry Rules, 2014.

Under the Ministry of Electronics and Information Technology (MEITY), the government issues notification regarding the rules and regulations of cyber security which must be coordinated by the authorities to the public.  Further, data protection framework and data governance related rules are structured whenever required.

The National Institute of Standards and Technology (NIST) has authorized Cybersecurity Framework (NCFS) for cyber risk management through which the guidelines and standards for cyber- related issues are fixed.

JUDICIAL INTERPRETATIONS

In Shreya Singhal v Union of India, the honourable Supreme Court upheld the validity of Section 66A of the Information Technology Act, 2000. This decision was made by the court based on three concepts viz, Discussion, Advocacy, and Incitement. 

It was held in Shamsher Singh Verma v State of Haryana, the accused challenged the High Court Order, The Supreme Court held that Compact Disc is also a document, and it is not necessary obtain permission or disclaimer regarding a document under Section 294 (1) of CrPC personally from the accused, the complainant, or the witness.

It was held in Avnish Bajaj v State (NCT) of Delhi, it was regarding the broadcasting of cyber pornography materials, the accused was arrested but it was contended by the accused that he is only the service provider. The court granted bail subject to 2 sureties and the burden of proof to him as only the service provider and not posted such materials. 

It was held State of Tamil Nadu v Suhas Katti, a landmark case, in which the accused was a family friend and who intended to marry a girl, but she was married to some other person. The accused created a false e-mail account in the name of the victim and posted slanderous, obscene, and annoying information about the victim. The court convicted the accused person under 469, 509 of IPC, 1860 and Sec 67 of IT Act, 2000.

It was held in CBI v Arif Azim (Sony Sambandh Case), it’s a peculiar cybercrime, in which a person unknowingly used the credit card information of another and purchased Sony TV. The credit card user informed the wrong usage of the card to the bank and the bank approached the company, then it was found that a call centre guy Arif Azim misused the information and committed the crime. The Court relying on the age and the first-time offence, had a lenient action on that boy. 

It was held in SMC Pneumatics (India) P Limited v Jogesh Kwatra, the employee of the company sent filthy emails to employers, subsidiaries and derogated, defamed the company. It was found that the employee sent the mails from a internet café. The defendant was terminated from the service. The Court held that the evidence is not qualify as certified evidence U/s. 65B of Indian Evidence Act, 1872.

It was held in Manik Taneja v State of Karnataka, the accused posted a bad comment about the inspector, police personnel of a particular police station in the face book page of the Police. The police filed a case against him. The Court held that the social media platform is to express the grievance and it was made with good intention. Hence the accused was not doing was not punishable offence. 

It was held in Gagan harsh Sharma v The State of Maharashtra, the individuals were accused of theft of data and software from the employer, they were booked under Sec 408 and 420 of IPC along with Sec 43, 65 and 66 of IT Act, 2000. The accused pleaded for dropping of provisions under IPC and to charge only under IT Act, 2000 relying on Sharat Babu Digumarti Case. The Bombay High Court upheld the plea of the petitioners and dropped the provisions under IPC. 

INTERNATIONAL PERSPECTIVE ON CYBER THREATS

Secret is the only thing which is under amaze in this cyber world. Every country is fighting against the cyber threat, cyber warfare to protect its secrets, its citizens. 

In UK, National Cyber Security Centre (NCSC) formed and headed by the cyber security experienced professionals to tackle the cyber threat and cyber warfare. The policy of “active defence” and “hacking back the hackers” are the potentials used by NCSC to fight against the cyber threat or cyber warfare.

In US, the nation with latest technologies and leading in the cyber security has enacted an act, to handle Cyber threats viz, Cyber Security Act of 2015. In addition to that Cyber Security National Action Plan has also been initiated by the Government to work with commercial tech giants, to handle cyber threats and to protect the citizens. 

In Europe, NIS directive was initiated in the year 2016 to protect from cyber threats. Computer Emergency Response Team (CERT) was formed by the directive to protect and to have greater control.

In China, introduced a law with more stringent measures and broad new cyber security law to protect and to have control over cyber threats. 

In India, Digital India is proposed and taken into every root of the Government Concerns. Indeed, aiding to keep Digital India ahead of the latest cyber-threats is a key unease for those working on the project, whether they are connoisseurs in policy, government services, or security technologies such as PKI.

CONCLUSION

The world is changing and so the technical and technological developments. Everything which soothes the operation will have more impact on us, thus the Cyber Space, which helps us to reach more but it has every potential threat. 

Every nation and every individual are apprehended to the cyber warfare and cyber threats, through the bold and clear strategy this can be handled. Its an endless limit to the desire of individuals and hence the threat has no limitations. 

The world in which we live is transforming, and so are the perils that we face daily. Governments around the globe must now ensure they are adaptable and swift enough to distinguish when the muggers are moving ahead, and act accordingly.

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Mehul Choksi Gets Bail in Dominica, Told Only to Return When Medically Fit to Face Trial

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Diamantaire Mehul Choksi will “only” return to Dominica to face trial for illegal entry into that country when a doctor “certifies” that he is fit to stand trial, the media there reported citing conditions laid down by the Dominica high court while granting him bail.

In a major setback to Indian efforts to bring him from the Caribbean country, Dominica high court judge Bernie Stephenson allowed the businessman to return to Antigua and Barbuda, where he has been living as a citizen since 2018 after leaving India, to seek medical advice from neurologist Hayden Osborne at the Mount St. John’s Medical Centre, Dominica News Online reported.

Choksi has a clot in brain besides other health issues such as diabetes and hypertension, his legal team has submitted.

The high court also ordered that Choksi must intimate the court in the case of any change of specialist and his address in Antigua where he was going to stay.

The judge said Choksi will only return to Dominica when a doctor certifies that he is fit to stand trial, the news website reported.

Choksi has sought a judicial review of case of illegal entry into Dominica brought upon him by the local police and decision of a minister there to declare him a prohibited immigrant.

The matter has now been deferred till January 26, 2022.

His trial for illegal entry before a magistrate has also been stayed.

The high court also ordered he must notify the court of his address in Dominica once he returns and his bail will be reviewed within 48 hours.

The hearing of bail was held as lawyers intimated the court of his worsening health.

The doctors recommend an urgent review of his medical condition by a neurologist and a neurosurgical consultant.

“The services are not currently available on the island. All courtesies extended to him would be greatly appreciated,” the CT scan report dated June 29 signed by doctors Yerandy Galle Gutierrez and Rene Gilbert Veranes of Princess Margaret Hospital of Dominica said.

The high court order has come as a major jolt to Indian efforts to bring back Choksi, wanted in Rs 13,500 crore scam in Punjab National Bank, from Dominica where he was held for illegal entry after his mysterious disappearance from Antigua and Barbuda.

His lawyers had alleged that he was abducted from Antigua and Barbuda in an elaborate plot hatched by men of Indian origin and a mystery woman, named Barbara Jabarica, who had befriended him during last six months.

After news of Choksi being held in Dominica surfaced, India rushed a team of officials led by CBI DIG Sharda Raut to make every effort to bring him back on the basis of Interpol Red Notice against him.

His lawyer in London Michael Polak who filed a complaint with Scotland Yard said Choksi was removed from Antigua and Barbuda, where as a citizen he enjoys rights to approach the British Queen’s Privy Council as last resort in cases on his citizenship and extradition, to Dominica where these rights are not available to him.

The effort was unsuccessful as an army of Choksi’s top lawyers moved with an unprecedented agility to file a Habeas Corpus petition before the Dominica High Court which was admitted for hearing.

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

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  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.

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PUBG Unban: PUBG Corp Looking For Indian Partner to Revive Popular Mobile Game in India

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Following an order by the Indian government to ban 118 Chinese apps in the country, the popular battle royale game PUBG Mobile was pulled down from prominent app stores. While the Indian gaming community hasn’t taken this well, PUBG Corp finally stepped in with an official statement, giving hope to its fans. The original internal gaming brand under Bluehole Studios, came out with an official statement yesterday suggesting that it will take all publishing responsibilities and will no longer have an association with Tencent specifically in India.

Ever since then we have been speculating on the fact whether PUBG Corp will open a dedicated headquarters in India, or hunt for a new publisher. According to a report, however, the latter might be the case. PUBG Corp is said to be looking for an Indian gaming firm so it can restore the popular game in the country. Sources related to the matter suggest that only a licensing agreement will be formed and PUBG Corp will retain the publishing rights for the game. The Indian partner will most likely handle the distribution. Having said that, there is no official confirmation from PUBG Corp or PUBG Mobile India as of yet.

Moving to a new India-based distributor might not be the only way to unban the game in India though. Right after the ban was imposed, the government had apparently sent over 70 queries to PUBG, asking for a response within three weeks. “Ownership is only one of the concerns. But there are several other issues, based on which the ban has been ordered. The concerns are related to data privacy security, activity inside the phone, etc.,”.

Source: NEWS 18