Dissolving of Intellectual Property Rights

Many brands and companies protect their products with copyright, trademark or other intellectual property rights, the recent one being the Taj Mahal hotels. It is now protected with Trademark under private construction category. But, many of us are not aware of the twist to the law wherein once the property is sold, wherein the rights that it had prior to the sale are nullified.

Intellectual Property Rights

Here is a simple example to explain the law. For example a well known company sells house paints. Once the cans of the paint are purchased by customers, used and discarded, there’s this other company that collects to cans, refills them with a low quality of paint and resells them at a much lower rate. Now, the inventor of the paint or the authentic owner faces competition and is likely to come up with attractive offers and discount to fight the competition back as he cannot do anything about it. There are no repercussion on what happens once the product is sold. The patent rights extends only through production, creation, manufacture to sale. Once someone purchases the product, the patent is exhausted.

There has been a lot of misconception or confusion with the law of intellectual property rights and due to the same a lot of infringement cases wherein the exhaustion principle applied to products once they were sold become invalid. The supreme court has even re-explained the whole exhaustion principle in a short format that clearly states that the exhaustion principle is applicable to products that are purchased and resold later. But, they have to get into a contract with the customer under refill to do the same and comes with restrictions like one time use and no resell of container or sharing of the ink container, but to name a few.

To combat this issue many companies have adopted various methods like return policy’s around used products. In case of ink as a product, some companies have gone to the extent of installing a chip to track the location of the refilled ink container.

To fight an infringement case in a way that the outcome is positive the company or person filing the infringement needs to keep the design or the item and prove to the court that the design or the process was stolen, copied or reproduced. A legal counsel needs to be hired to litigate. The claim only proceeds after the litigation is attempted through a legal counsel and shows signs of clear violation of intellectual rights. Otherwise if is against to what the Supreme court has explained and re-explained, the case is rejected.

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Legal Education Reforms in India with respect to Globalization

Globalization has by far affected every stream of education and has led to reformation in the fields of higher education across the globe. Reformation in legal education being need of the hour as well, requires focus on making it even more flexible by giving more freedom to the legal education organizations and establishing law schools of international standards besides addressing fundamental issues related to legal education including necessary amendments and changes in the existing law education curriculum and methodologies. The academic standards need to be raised besides providing state of the art infrastructure and research facilities. It also includes providing a good governance model and better job opportunities to the passing out law students. Legal Education Reforms in India

Well, the challenges for reformation in legal education are big particularly when it comes to promotion of judicial and legal reforms. Apparently, for establishing a rule of law society, the lawyers and judges have to play a crucial role in the future, towards governance. It thus requires the law students in law schools to be imparted with quality training in the present. A re examination of each of them needs to carried out so that these future lawyers and judges sync in well with the undergoing socio-economic transformation.

The times when the focus of legal education institutions was on issues relating to India and Indian law only are long gone. Today, students are inquisitive and interested in studying international law as well as comparative law. Obviously, there is a dire need to make reformations in the existing legal education of Indian law through excellence in teaching and research but at the same time it is vital to focus on globalization challenges.

Keeping up with the need, even law schools today are shifting their focus on incorporating international law curriculum, with an objective of providing a fair mix of programs that strike the right balance on Indian and foreign laws. Even students are highly alert and informed about the latest in law on the international circuit due to the vast exposure available through international moot competitions. The information base of students on international law varies from dispute resolution topics to marine time law, humanitarian law and more.

Thus, it can be aptly said that establishment of law schools of global standards has become necessary today. Setting up law schools with world class infrastructure would also mean attracting students from across the world and the best faculty in law because even today sourcing good faculty with experience and expertise in the field isn’t easy. The law schools for long have been facing issues in acquiring or sourcing qualified faculties, not only in India but abroad as well. But, these issues can be resolved by offering better incentives and promotion of institutional initiatives and legal education reforms mentioned above.

As the possibilities of international interactions increase with time, law schools need to get all set to match-up. This includes activities like setting up a legal database for reference to the students from across the world and keeping it updated consistently, conducting knowledge exchange programs with legal education colleges worldwide and more.

Having said that, realizing all these reforms is not child play and requires mammoth funding. Hence, creating philanthropic initiatives for acquiring funds becomes one of the preliminary steps to be taken in the direction of raising the legal education bar in India.

Why KLE Law College is one of the best law schools in India

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.