Copyright © 2021 - Ex Gratia Law Journal

Volume 2

The Impact of COVID-19 on Higher Education – A Copyright Perspective
Volume 2 Issue 1

The Impact of COVID-19 on Higher Education – A Copyright Perspective

“Knowledge, like air is vital to life. Like air, no one should be denied it.” Alan Moore Introduction The Intellectual Property regime in most nations are governed and controlled by the TRIPS Agreement[1]. The Agreement allows for relaxations as far as they are limited exceptions that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder[2]. These relaxations sometimes referred to as the ‘TRIPS flexibilities’ are a solace to developing nations like India; and were incorporated into the TRIPS after considerable negotiations. However, the wordings and the spirit always indicated a balance between the interests of the IP holders and its users. The same spirit was to be reflected when member nations enacte...
The Right of an Accused to Default Bail during COVID -19
Volume 2 Issue 1

The Right of an Accused to Default Bail during COVID -19

INTRODUCTION The objective of criminal law is to shield the society against the ones committing crimes and the ones breaking the law in place by creating a threat of punishment to prospective lawbreakers as well as the ones who may attempt to commit the offence by making them undergo the punishment as prescribed by the law for such offence committed by them. Thus, criminal law is a mixture of substantive criminal law and procedural criminal law. The main texts governing the same are Indian Penal Code, 1860[1] and Criminal Procedure Code, 1973[2] respectively. The main objective of the Criminal Procedure Code, among the other aims sought to be achieved, is to ensure a fair trial where none of the rights granted to the accused are compromised. As per the provision of Section 167 (2) (...
Contempt of Court & Free Expression: Need for delicate balance
Volume 2 Issue 1

Contempt of Court & Free Expression: Need for delicate balance

Introduction The legal system that we see today is the summit of a long trip which has started from  the wonderful rule that was in legal announcement to the natural law and further to the positive  law that we see today. It is where the perfect world is built in respect and agreement should  arise without any concern about nothing to do with the planning required to move the people  to where they are involved in the justice delivery system. When the dissent or disagreement  becomes the fore runner, it often yields results that take the shape of contempt. Freedom of speech and expression is the fundamental fountainhead of democracy. This  right does not confer the right to denigrate others' right of person and reputation. So, this right is  subjec...
A Study on Copyright Infringement
Volume 2 Issue 1

A Study on Copyright Infringement

INTRODUCTION: A Human mind is filled up with emotions, thinking, imaginations, consciousness, intelligence and a lot more. We cannot judge or measure the capacity of one’s intellect through any means, it is an impossible task. It is a human intellect which directs them to make comparison, differentiate or conclude anything which comes into his mind. There is no restriction over thinking and converting it into an unique idea or invention. Intellectual property is also an outcome of Human intellect under which one’s unique idea, creativity or inventions is being covered. Intellectual property is a creative effort of human mind, labour, skill and intelligence. The unique idea or creation in any field in any form comes under the ambit of intellectual property. It is an intangible proper...
Investor State Dispute: The Current Predicament in International Commercial Arbitration
Volume 2 Issue 1

Investor State Dispute: The Current Predicament in International Commercial Arbitration

INTRODUCTION: International commercial arbitration is an effective way of settling conflicts between private parties resulting from commercial transactions performed across national borders that allow parties to prevent adjudication in national courts. Over the years, this has become a very common approach, as most parties do not want to get embroiled in the ravages of litigation with respect to any issue, particularly if the conflict is in an alien country. The arbitration clause is typically part of the agreement negotiated by the parties. Arbitration has since attracted fervor as an alternative dispute resolution method. Investor-state dispute settlement mechanism is a type of international economic arbitration. It is an instrument of public international law which is part of a v...
Migrant Women: An Exposition of the Challenges Faced
Volume 2 Issue 1

Migrant Women: An Exposition of the Challenges Faced

INTRODUCTION Amidst the COVID-19 crisis, Kolkata witnessed something novel during the Durga Puja Celebrations of 2020.  One of the Pandals' showcased a migrant woman with a child in her arms instead of the traditional Durga idol.[1] This thoughtful and creative portrayal of the migrant woman succinctly brought to fore the numerous challenges and problems they face. It paid a befitting tribute to them as it acknowledged the struggles faced by migrant women, especially during the pandemic. Several issues and challenges are associated with migration in general, and the concerns over migrant rights are manifold. The realisation of the basic human rights for migrants is a crucial challenge. Certain categories of migrants, however, are more vulnerable to exploitation and susceptible ...