Copyright © 2021 - Ex Gratia Law Journal

Volume 2

Critical analysis of the idea expression dichotomy in copyright law
Volume 2 Issue 2

Critical analysis of the idea expression dichotomy in copyright law

1. INTRODUCTION The central axiom governing copyright law is the concept of “idea expression dichotomy”. It protects only original expression of ideas and not the idea in itself. The main reason why ideas are not copyrighted is, because such protection would hinder the free exchange of ideas and thereby go against the very object of copyright laws, which is to promote creativity.Hence, ideas, systems and methods are considered to be “the common property of the whole world” and an author has the right to express or explain them in his own way.”[1] This concept stemmed from Common Law. The origins of idea-expression dichotomy can be traced back to the decision of the US Supreme court in the case of Baker v. Seldon[2], where Seldon obtained copyright for a book disclosing bookkeeping s...
The Proposed ban on Cryptocurrency: A step in the Right Direction
Volume 2 Issue 2

The Proposed ban on Cryptocurrency: A step in the Right Direction

INTRODUCTION  “A new technology, an old problem and a big idea turn into an innovation”Dean Kamen This ideology is also the genesis of the advent of crypto-currency. The current and wacky monetary systems are lengthy and regulatory. This has caused the people to increasingly eye at alternative currency systems, the most lucrative being the virtual currency. One of the forms of digital currency is Crypto-currency. It uses a technique called cryptography to work out the transactions. Cryptography is the method of converting intelligible data into encrypted codes, making them hard to crack. This technique has been in use since time immemorial. But in the recent era of virtual technology, the technique has been put in line with blockchain technology to give rise to the digital mone...
Medical Negligence under Indian Criminal Law
Volume 2 Issue 2

Medical Negligence under Indian Criminal Law

INTRODUCTION Ever since the advent of the healthcare industry, specifically the medical profession, the concept of medical negligence has also been prevalent; though it gained considerable prominence in our country after the enactment of the Consumer Protection Act in 1986 due to a greater number of patients becoming aware of their rights as well as the remedies available to them.[1] In India, medical negligence is an offence under the IPC, Consumer Protection Act, Law of Torts, etc.[2] A case for medical negligence can therefore be filed by a patient against his or her doctor under either criminal law or civil law; or under both simultaneously as the nature of both the cases are quite different.[3] The degree of negligence that has to be proved in criminal as well as civil medical neg...
Abortion- Right of Every Woman
Volume 2 Issue 2

Abortion- Right of Every Woman

INTRODUCTION Access to the termination of pregnancy has always been a subject of debate in numerous countries. The literature on the effects of abortion legalization laws has focused either on the short-term effects or consequences on the fertility of a woman or the short and long-term impacts on children born after a given reform. In the mid-1970s, the women's movement demanded that abortion be legalized as part of women's rights. Unmistakably, without control over one's own reproductive lives, women couldn't be the equivalent of men--no matter what progresses women made in their jobs or any other field. This is the reason, why socialists argue that all women deserve the right to control their bodies, without interference from anyone. In the landmark judgement of Suchita Srivastava...
The Evolving Philosophy behind Overcrowded Prisons: A Legal Analysis
Volume 2 Issue 2

The Evolving Philosophy behind Overcrowded Prisons: A Legal Analysis

INTRODUCTION The world's largest democracy is more than just a name. If the checks and balances of democracy are supposed to curb government lawlessness, something has gone wrong in our land[1]. It will be quite easy to sometimes think that the rights of prisoners have little or nothing to do with us. That they have somehow exchanged their rights for a life of crime. Every individual has the same set of rights and they can never be taken away. And just because someone is in prison, it will not mean that they are guilty of a crime. Before Indian Independence, the Criminal Justice System of India practiced deterrent measures. The rationale of holding detainees was to hamper the battle for autonomy and keep different political dissidents. Yet, post autonomy, numerous reformative measures ...
Analysis of Corporate Environmental Criminal Liability in Gas Leak Cases
Volume 2 Issue 2

Analysis of Corporate Environmental Criminal Liability in Gas Leak Cases

INTRODUCTION: The environment is one of the most exploited public properties among other things. Rather, it should be the most carefully protected one as it sustains life and many other ecosystems. India does preserve and protect its rich environmental resources through a set of regulatory regimes. But the law works badly when it works at all. The environment is a rich heritage that should be passed on to future generations. The legislative is quick to enact laws to do the same and protect the environment. But the governments lack the zeal to implement environmental laws. The government agencies across the country yield vast power to regulate any harm-causing industry. But it rarely happens as they are not willing to punish the violators due to high implementation cost or corruption or...
Right to Education in India – Why not all Children?
Volume 2 Issue 2

Right to Education in India – Why not all Children?

“Learning starts in infancy, long before formal education begins, and continues throughout life. Early learning begets later learning and early success breeds later success, just as early failure breeds later failure.”James J. Heckman (Henry Schultz Distinguished Service Professor of Economics at the University of Chicago, a Nobel Memorial Prize winner in economics and an expert in the economics of human development) INTRODUCTION Education is one of the key elements consisting of sustainable living. Having education helps people think, feel, and behave in a way that contributes to their success, and improves not only personal satisfaction but also their community. Besides, education develops the human personality, thoughts, dealing with others, and prepares people for life experienc...
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 ...