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Posts

Extended | RMLNLU Journal on Communication, Media, Entertainment & Technology Law (CMET) [Vol 11] | Extension of Submission Deadline (10th February 2024)

About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in 2005, and since then, has provided undergraduate and post-graduate legal education. About the Journal Committee The Committee was constituted with the objective of promoting legal research and writing. Apart from conducting the RMLNLU International Legal Essay Writing Competition every year, the … Continue reading Extended | RMLNLU Journal on Communication, Media, Entertainment & Technology Law (CMET) [Vol 11] | Extension of Submission Deadline (10th February 2024)

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Posts

SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

In this article, the author delves into the pivotal developments that transpired in October 2023 when the Securities Exchange Board of India (SEBI), exercising its authority under Section 11(1) of the Securities and Exchange Board of India Act, 1992 (SEBI Act), issued a consequential circular. Effective from January 1, 2024, this circular introduces a centralized mechanism for reporting the demise of an investor, facilitated through KYC Registration Agencies (KRAs). The primary objective of this regulatory initiative is to streamline the intricate process of reporting and transmitting securities following an investor’s demise, directing them towards the designated nominees or legal representatives. The author also talks about the necessity for such reform becomes apparent when considering the absence of a centralized system for reporting and transmitting securities in the pre-existing framework. Continue reading SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

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Posts

Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents

This article delves into the HAMA thats governs adoption in Hindu, Sikh, Buddhist, and Jain communities, while the Guardians and Wards Act, 1890 applies to others. Issues arise in cases of children born from rape, regulated by Section 38 of the Juvenile Justice Act. Consent complexities between parents are addressed by HAMA, but unique cases lead courts to prioritize the child’s welfare over parental consent. Parens Jurisdiction and international obligations underscore this duty. While consent is generally required, courts may interpret statutes to safeguard the child’s welfare. Transparency, judicial training, and research on childhood trauma are crucial. In conclusion, child adoption in India requires balancing the child’s well-being with parental rights, with courts consistently prioritizing the paramount importance of child welfare. Continue reading Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents

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Posts

Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 11]: Submit by 3rd February, 2024

About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in 2005, and since then, has provided undergraduate and post-graduate legal education. About the Journal Committee The Committee was constituted with the objective of promoting legal research and writing. Apart from conducting the RMLNLU International Legal Essay Writing Competition every year, the … Continue reading Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 11]: Submit by 3rd February, 2024

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copyright, Intellectual Property

Analysing Controlled Digital Lending through the Prism of Fair Use and First Sale Doctrine under Copyright Law

In this article the author explores Controlled Digital Lending (CDL) within the context of Indian copyright law, examining its legality based on the First Sale Doctrine and Fair Use Doctrine. It debates how CDL, despite controversy, serves the public interest by offering access to knowledge, especially for those with physical limitations or in remote areas. Through an analysis of legal principles and court precedents, it argues that CDL aligns with fair use and the goal of copyright law to enrich society intellectually. Continue reading Analysing Controlled Digital Lending through the Prism of Fair Use and First Sale Doctrine under Copyright Law

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International Law

Critical Analysis of Corporate Liability under International Humanitarian Law

In this article, author Sanjana Mishra deals with the interplay between the corporations and their role in compliance with the International Humanitarian Law. Corporations in recent times have become a key geopolitical player in all arenas including armed conflicts. The author also deals with the jurisprudence of modern corporate structure and the laws drafted to address the state’s obligations to address the corporation’s liability and duties. The article also talks about various issues that IHL faces in holding corporations accountable such as the narrow scope of International Criminal Law and International Human Rights law, the restrictive nature of state responsibility doctrine, and the varying nature of the role of Corporates resulting in consequences that may breach IHL obligations. Continue reading Critical Analysis of Corporate Liability under International Humanitarian Law

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Intellectual Property

Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

In this article, the authors delve into the recently passed Cinematograph (Amendment) Bill of 2023 and its objectives in addressing the persistent problem of film piracy in India. It introduces stringent provisions against unauthorized film recording and exhibition. The authors highlight that the success of the bill hinges on effective implementation and a multifaceted approach, emphasizing the necessity for collaborative efforts, technological interventions, and public awareness to shield the country’s entertainment industry from the widespread threat of piracy. Continue reading Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

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Information Technology, Securities

Addressing Market Rumors via the LODR Amendment: Necessity of the Hour or a Regulatory Flaw?

In this article, the authors discuss the recent amendments to India’s securities regulations, particularly focusing on the introduction of mandatory verification of market rumors by top-listed companies. They examine the objectives behind this amendment, which aim to enhance transparency, market stability, and fairness. The authors also present concerns about the practicality and potential unintended consequences of requiring companies to confirm, deny, or clarify every piece of information reported in mainstream media, especially regarding rumors. They compare this approach to the United States’ stance on addressing rumors in the securities market, highlighting the challenges and complexities associated with the new Indian regulation. Ultimately, the article raises questions about the feasibility and effectiveness of the amendment and calls for a shift in mindset to successfully implement these changes. Continue reading Addressing Market Rumors via the LODR Amendment: Necessity of the Hour or a Regulatory Flaw?

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Information Technology, Medical Law

Technological Implants and the Need for Sufficiency of Legislation

In this article the author, explores the implications of technological implants, particularly microchip implants, for both restorative and non-therapeutic purposes. The author identifies two main issues that arise with such implants: (a) affixing liability in case of product failure and (b) protecting the data acquired through these devices. The article discusses the need for specific legislation to address these challenges, while analyzing the Indian framework governing such spheres and suggesting calibrated reforms. It highlights the importance of balancing individual rights, privacy concerns, and economic considerations in implementing such technology. Additionally, the author emphasizes the significance of obtaining valid consent and the role of regulatory oversight in safeguarding sensitive medical data. Ultimately, the piece advocates for a comprehensive legal framework to regulate technological implants in India. Continue reading Technological Implants and the Need for Sufficiency of Legislation

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International Law

Protectionist Policies of US and Contempt for WTO

In this article, the authors have challenged the Inflation Reduction Act, 2022 of the USA due to its inherently discriminatory domestic content requirement and made an attempt to bring it’s shortcomings and repercussions to the fore. Alongside, the authors have placed reliance on the laws and principles of WTO to show the unfair practices being followed by the American administration and their impact thereof. Continue reading Protectionist Policies of US and Contempt for WTO

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