INTELLECTUAL PROPERTY RIGHTS – A SNEAK PEAK

Intellectual property rights are all about creative products produced or created or invented by the human minds. With the businesses and products growing in leaps and bounds over the years, intellectual property rights are gaining importance as information economy is becoming more and more significant in these times. Information economy is about giving objects created by the mind and not anything physical like land, etc.

The question is how are to protect or prevent others from taking undue advantage of your ideas, creations or inventions. Here is how it can be done.

intellectual property rights

COPYRIGHT
By copyrighting your product you are preventing it from being copied or distributed. It is approved by law and falls under intellectual property rights. Also known as territorial rights because they are restricted to a certain jurisdiction or territory only and not beyond that. The best part of copyrighting a product is that its extremely easy. No registrations or expenses involved.

TRADEMARK
Trademark or registered trademark is a unique design or sign that is used on a product or a package, label or a voucher. A trademark has to be registered by the owner in their name and then use the symbols like TM for trademark or ® for registered trademark with their logo, symbol, design image or combination of all. On the flip side, trademarking a product does not necessarily mean that the internet domain is also copyrighted.

PATENT

This is generally used when a product is invented and is a right to prevent others from copying it, making it or selling it for a limited period of time. This way a new product is protected by its inventor as an exclusive one and avoids competitors from making or selling the same. Though, it is an expensive affair as it involves a lot of research and fees too. Further, once the patent is granted, possibility of it getting canceled is always there.

INDUSTRIAL DESIGN
Resulting form the materials used or the design, feature lines, shape, textures, etc, it is the monopoly right for a product’s appearance in part or whole. It has to be unique and not similar to any other existing or existed. Though its easy for others to defeat it by making simple or minor changes in the design.

Certificate Course In Intellectual Property Law ( 6 Months Course)

Post Graduate Diploma In Intellectual Property Rights (2 Years course)

The above two courses offer – KLE Law College in bangalore

LEGAL EDUCATION TRAINING CENTRES – RAISING THE LEGAL PRACTICE BAR

It is a known fact that after students complete their legal education and start practicing law, staying in touch with whatever has been learnt in the law school and updated with the latest in law becomes imperative to every lawyer. Keeping this fact in mind, India has come up with its first full time law training centre known as the MK Nambiar Academy for continuing legal education. This concept is one of its kind and is designed to increase the standards of law professionals.

The main objective of this centre is to aid the practicing lawyers in continuing legal education. Training would be provided by the centre and they would get to anlayse the latest in Law. The centre is in Kochi but training programs for lawyers are chalked out at different locations in the country across the year, so that the Indian Law Practioners can take advantage of them wherever they are. To make this possible, law institutions like NLSIU Bangalore, KIIT, Bhuvaneshwar, National Law University and VM Salgaocar college of Law have come forward to host these training programs. These training progams are open for practicing lawyers aswell as law teachers and are going to be conducted for free.

In countries like US, CLE is mandatory, while in India the legal education training programs and centre is an initiative to join the bandwagon and enhance the law standards.

continuing legal education

Professor and Dean at NEWYORK’S Cornell Law School

For technology to thrive, law is vital were the words of the Eduardo Penalver, Law Professor and Dean at the New York’s Cornell Law School. He said this during his talk on the role of legal system in technology while addressing the law students in India.
He harped upon the significant role that Legal education plays in protecting the law rule and also brought to the light the fact that overseas, the students were not opting for law education even though the job market has shown a genuine rise.
He also emphasized that law has to be consistent, intelligible, public and accessible to all. He added, Law to be applied at a equal level and be coherent internally. He urged that the need for lawyers was more than ever now and hence the young generation take up the career to secure the future of the society. Law as a career he said, was interesting, challenging as well as motivating.
He also mentioned that the possibilities of India being a sought after destination for Law Education were good and on the rise because of the quality of education and affordability aspect. The enhancement of infrastructure though was one area that needed to be looked after to realize these possibilities.

Trial of child as an adult – No need for Child right activists to panic *

The primary Objectives of Juvenile Justice (Care and Protection of Children) Bill, 2014 which is passed by Rajya Sabha on 22nd December 2015  is  to give to the nation a comprehensive law dealing with the  children alleged and found to be in conflict with law and children in need of care and protection.  The Bill proposes to change the law as per the   standards prescribed by the Convention on the Rights of the Child, the United Nations Standard Minimum Rules  for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993) etc.
Section 16 of the Bill provides that,  if a child who has completed or is above the age of 16 years commits a heinous offence then the Juvenile Board shall conduct a preliminary inquiry regarding –
  •  The mental and physical capacity of the child  to commit such heinous offence.
  • The ability of child to understand the consequences of the offence
  • Circumstances under which the offence was committed

Section 19(3)  provides that, if the Juvenile Board on preliminary inquiry concludes  that there is need for further trial of the child who has committed heinous offence, it can order for transfer of the trial of the case to Children’s Court.

After receiving preliminary inquiry from Juvenile Board for further trial of the child who has committed heinous offence, The Children’s Court  has been given two options,  they are:

  • The Children’s court may conclude that  there is no need for trial of the child as an adult and conduct an inquiry as a Board
  • If the Children’s Court accepts the conclusion of Juvenile Board for further  trial of child as an adult then the Court shall conduct the trial as per provisions of Code of Criminal Procedure 1973

Children’s Court in the trial of  child as an adult can pass appropriate order subject to the restriction that the child shall not be sentenced to death or for imprisonment for life without the possibility of release.

The provisions in the Juvenile Justice (Care and Protection of Children) Bill, 2014 has given wide discretionary power to both the Juvenile Board as well as Children’s Court to decide as to the  need for trial of a child as an adult. Further  the Restrictions as to kinds of sentence that can be pronounced against juvenile  ensures that the juvenile and adult convicts  are not  dealt alike. The new legislation  enables the legal system to deal with cases where heinous offence is committed by  juvenile when he has enough maturity of mind.

*Jaihanuman H.K.

Assistant Professor

K.L.E. society’s Law College

Legal Education – Providing The Cutting-Edge To Any Career You Choose

Not all students of law education go ahead and practice law or make law as their career. There could be quite a few reasons behind the same, either professional or personal. One of them could be this – Law is a career that starts on a modest note, meaning there is a slow start and it takes time to prosper, generally. But, once you taste success, its no looking back. Also, the competition in Law is fierce as there are umpteen lawyers churned out every year from the numerous colleges in India. Hence to cut out of the clutter, which college you’ve studied also matters a lot. Hence, pursuing your law degree from a reputed college or a top ranked colleges places you in another league as soon as you are out. Having said that, there are numerous students who study law and choose a completely different career for themselves and flourish as well. But, little do they know that it is their legal education advantage that has helped them all through. Legal education is also known to be a mind training program and as soon as you meet up a person with a law background, you are immediately able to gauge the same just from his way of reasoning and body language as well, at times.

As you become aware of the laws while studying LLB, you are more confident than ever and any issue related to law is never quite an issue for you. Be it any profession law education helps you out in many ways than one. Its also not only about the education part but the skill-sets you acquire and the attributes of it which transform you into a proactive personality eventually. Look around and you will find law professionals in practically every high flying career right from banking, journalism, finance, realty, engineering, entrepreneurship and more. What’s more even the cine world has known actors with law education as their academic qualifications.

Be it communication skills, analytical skills, presence of mind, spontaneity, etc., with Law education beside, you are all set to take the world into your stride. With a law background you definitely transform into a problem solver and are able to take leadership in whatever you do. Also, even if you do not become a full time lawyer, that knowledge base is always there to help you out of any kind of legal soup whenever you need it.

Yes, there are going to be times when people question you on studying law and not pursuing it but I am sure that you would not be influenced by what people have to generally say on your personal choices. But yes, you do need to have a genuine and convincing answer to the question when it is asked by your employers, but to get you the job you so want.

law colleges in bangalore
KLE Law College in Bangalore

Having said that, Law education is not a cake walk, it requires immense hard work and mindfulness to pursue it, patience and perseverance as well. So, if you are willing to take up Law Education, go ahead.

welcome to kle law college

The K.L.E. Society’s Law College at Bangalore has been conceived as a nursery and training ground for those seeking to enter the legal profession. Under the umbrella of Karnataka Lingayat Education Society. College was established in 1975 to cater to the needs of young students desirous of pursuing legal education in Bangalore. To start with, a 3 Year LL. B. Degree Course