1. Safeguarding IPR in Commercial Contracts: Cracking the Code– Bhumesh Verma
The article exposes the question of protecting innovative ideas which should be seen in the light of intellectual property; which when become part of the commercial contract gets exposed and becomes privy to a lot of other persons. The magnitude of this exposure increases when entire businesses are based on a particular idea which is hammered down into a commercial contract which without appropriate safeguards could cause an irreversible harm to the owner. The paper thus addresses this issue considering multiple parameters. The current framework in India governing commercial contracts, the threats to intellectual property in commercial contracts and the possible ways of of it are also discussed keeping in mind the relevant consideration.
2. Delimitation: The Rush for Seats – Samraggi Debory
The Article sheds light on the Urgent need for the decennial practice of “delimitation” that would help revamp electoral districts or constituencies in order to even out the disproportionate population growth of the different regions. The articles emphasises on the need to repair the incumbrance instead of delaying it and deteriorating the already worsened situation. The author also studies the existing literature on the evolution of the process of Delimitation in India and presents a holistic analysis of the impending situation and the issues arising from it. The plausible solutions vis-a- vis India’s commitment to champion cooperative federalism are also highlighted towards the end.
3. Funding the Way out of the Civil Cost Conundrum: Ensuring Access to Justice– Kunal Gupta
Access to justice is an indispensable right of the citizens of India. The article highlights the predicaments that section 35 and section 35A of the CPC presents which overshadows this right. The provisions that deal with the civil costs to be provided to the losing party have now become virtually infructuous. The paper expresses discontent over the inadequate compensation provided against a vexatious suit which in turn results in affecting the right to get justice. This paper analyses the objective behind the rules of costs and contrast it with the USA. The paper ends with providing creative and practical solution to provide access to justice to all via cost mechanism, a unique self-sustaining fund.
4. Indemnity for Covid-19 Vaccine Manufacturers: Time to Relook Indemnity Under the Indian Contract Act– Kaustubh Kumar and Ashutosh Anand
The outbreak of the COVID-19 brought with itself a surge in the plea for an indemnity clause in the contracts between the companies responsible for vaccines and government to immune such companies from the liability; if any person gets ill effects of the vaccine and transfer such liability onto the shoulders of the government. Although the government of India has withheld any such clause, the issue needs further deliberation. The article delineates the contract of indemnity under the Indian Contract act. The article also reviews the lacunae present in the sections of the Indian Indemnity contracts by comparing those with indemnity contracts of other international jurisdictions. The article, considering the dynamic nature of the law put forth some suggestions to be rendered in the contract of indemnity to cope with this nascent issue.
5. Mandatory Covid-19 Vaccination: Privacy, Health, and Interpretational Balance-Siddharth Srikanth
The development of vaccines to combat the COVID-19 pandemic brought with it the discourse surrounding a mandatory vaccination policy intended to be taken up by the States to prevent the transmission of the deadly virus. However, such measures can have far-reaching impacts on an individual’s right to privacy and bodily autonomy. The author in this piece attempts to address this conundrum by taking notes from various foreign jurisdictions to determine the constitutional validity of compulsory vaccinations and examines Indian judgements referring to such notions, providing insights into the potential impacts of such mandates. The paper proposes a case for mandatory vaccination measures while also considering the resulting conflict between individual fundamental rights and public health concerns.
6. Privacy in a Pandemic: Examining Aarogya Setu’s Mandatory Imposition -Kaushitaki Sharma and Sarthak Yadav
In efforts to prevent the spread of the coronavirus, India released its flagship contact tracing application, Aarogya Setu, so that the people would comply with the surveillance and monitoring norms set up by the government. However, its mandatory imposition has raised questions about the legitimacy of the usage and retention of the collected data and concerns regarding informational privacy. The authors in this piece examine its constitutionality while considering the legal and technological framework surrounding the app to propose certain suggestions that need to be considered to make any such future imposition compliant with the evolving standards of data protection and privacy.
7. Regulatory Concerns Over Cryptocurrencies and Their Solutions: The Way Ahead for Comprehensive Regulatory Framework– Mayank Gandhi
In the last few decades, the world has seen a massive rise in virtual financial instruments to verify online transactions through cryptocurrency. Its peer-to-peer review system reduces the cost of transactions without the involvement of a third party but, at the same time, threatens to risk the financial stability and security of the consumers due to the lack of coherent regulatory practices and a robust legal framework surrounding these currencies around the world. In light of these facts, this piece seeks to analyse the implications and concerns of cryptocurrency in financial markets from a policymaking perspective. It addresses the regulatory approaches taken up by India and other countries while giving suggestions to ensure smooth and crime-free innovative practices in the realm of cryptocurrency and block-chain technology.
8. Cannabis- From Prohibition to Regulation- Dr. Garima Pal and Anshika Juneja
In this piece, the authors put forward a case in favour of the legalisation of Cannabis in light of the medical benefits associated with it and the possible acceleration of the Indian economy as a result of a market-driven approach to its sustainable cultivation. This is done by an analysis of the social and medical position of Cannabis in India while taking note of the loopholes in the existing laws surrounding its consumption and possession. The authors also propose various policy considerations and mechanisms that can be formulated by the government in order to go ahead with a regulated and legalised use of Cannabis.
