Wednesday, the 20th February, 2013

4 Pages University Edition Visakhapatnam www.dsnlu.ac.in

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

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(For Private Circulation and Educational Purpose only)

Vol. I Issue 2 Estd. 2013

...law speaks for itself

US regulator allows foreign lawyers to work in-house, nearing more liberal Indian rules
.Page 3

India gets a green Signal at Hague

.Page 2

National Food Security Bill to reviewed

...Page 3

The Law is reason, free from passion - Aristotle, Great Philosopher

Concept on Law
Protection of Traditional KnowledgeA Cardinal area of concern
Traditional Knowledge refers to the ancient traditions and practices of some regional, indigenous, or local communities which encompass the wisdom, knowledge, and teachings of these communities, in many cases where it may orally be transmitted to generations from person to person in form of stories, legends, folklore, rituals, songs, and even laws. The traditional knowledge is believed to be an upshot of peoples interaction with nature. In recent decades, the governments of developing countries out of the pressure from the traditional communities are seeking protection for traditional knowledge systems. Indigenous people in the rest of the world have put forward the argument that knowledge of use of certain plants, for example, has been developed over several generations, asking why only the present generation should benefit. They also question why some governments or corporate are reaping the rewards of indigenous knowledge through patented products when the knowledge was evolved from the communities of indigenous people. In 2000, WIPO conducted a research to study the relationship between intellectual property rights, biodiversity and traditional knowledge. Consequence to this study, WIPO members established an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), and in 2009 they agreed to develop an international legal instrument (or instruments) that would give traditional knowledge, genetic resources and traditional cultural expressions (folklore) effective protection. Such an instrument could range from a recommendation to WIPO members to a formal treaty that would bind countries choosing to ratify it. The Government of India, in 2001 set up the Traditional Knowledge Digital Library (TKDL) as repository of 1200 formulations of

various systems of Indian medicine as a first effort Tradition Knowledge holders are vulnerable due to towards protection of Traditional Knowledge. various external social and environmental pressures, migration, the encroachment of modern lifestyles and Since protection of traditional knowledge only focus the disruption of traditional ways of life. Even the on bio-piracy and misappropriation, the question very native language they speak of is under threat of raised is, does incorporating traditional knowledge extinction which is the prime medium for communicaprotection into intellectual property law is effective. tion or transfer of traditional knowledge from one The innate disparity between the protection that was generation to another generation. Already we have created for finite, inanimate objects coming out of lost accounts of traditional knowledge which is irreindustrial activity and the flowing, mutable and variatrievable in nature. Thus, a primary need is to preble properties of biological materials is evident. Anserve the knowledge that is held by elders and comother interesting question from the critics is how can munities throughout the world. a patent, with its life of 20 years be applied to an intellectual property that has existed for a few hundred Thus, its not only that traditional knowledge should if not a few thousand years! Considering many issues be protected but it should be regulated by a separate regarding incorporation of Traditional Knowledge legal system of its own and not by just amending the existing intellectual property laws, as the characteristics of both laws are being different. WIPO recognizes 4 forms of legislation for protection of traditional knowledge, namely African legislation model and the law adopted by Brazil, Costa Rica and India. In India, we have enacted Biological Diversity Act of 2002 whose objective is to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge. But, African Model legislation has gone to the length and depth of this matter covering any aspects of protection of traditional knowledge, unlike others. The reason being, majority of worlds flora and fauna exists in Africa, the traditional knowledge they carry are enormous. Its high time to protection into IP laws, several academicians and protect these efforts from various governments to NGOs suggested a sui generis regime, specifically enbring about legislation to protect their traditional gineered for nature and characteristic of Traditional knowledge of indigenous tribes. Efforts of South Afriknowledge. According to the South African trustee of can Government in this respect are appreciable. Acathe Indigenous Peoples of Africa Coordinating Comdemic institutions and NGOs are still trying to bring mittee (IPACC) and the national Khoi San Council, Cecabout a better mechanism to rule out the issues reil le Fleur, Traditional Knowledge protection does not garding traditional knowledge. NLSIU IPR Society intent to own a plant or a tree but is giving recogniCIPRA, has come up with a TK bill which actually intion to those communities who have been using the tent to bring up a legislation solely for protection of resource for centuries ago and prevent its misapprotraditional knowledge in India. Knowledge has always priation. been power; claim it and use it.

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Very Tough.
Only 66 candidates out of approximately 466 candidates enrolled to take the Supreme Courts Advocates on Record (AoR) exam in June 2012 have passed, according to a notification posted on the Supreme Courts website.

International Legal Domain Happenings...

Patent Outsourcing A new trend
Americans are known for outsourcing their different functions. But whats new in it? Recently patent seekers have started outsourcing patent licensing. Patent licensing in a country is usually done by the legal firms in that country itself. But some companies in U.S may have started thinking why feeding the huge belly of law firms in USA while theres a possibility of getting things done by just outsourcing it to somebody. But this action has become a potential danger for many firms in USA and their employees who are exclusively involved in patent licensing. However this trend will be positive sign for legal firms in many of the developing nations including India. Better keep a board outside your firm- patent licensing done here

My Lord says..
International
India gets a green Signal at Hague.
In an important proceeding at the court of arbitration at the Hague, India got a better edge over Pakistan in Kishenganga Water Project. The court chaired by Stephen Schwebel awarded permission for India to go ahead with the Rs 3600 Crores project rejecting Pakistans claim that it was a violation of the 1960 Indus Water Treaty. Kishenganga or kishanganga is a tributary of Jhelum River. India had designed a project at the diversions of the river to generate 330 MW power .The judgment was received at the court of arbitration by Indian ambassador Bhaswati Mukherjee and Her Pakistani counterpart Fauzia Sana. The court of arbitration reaffirmed Indias position in KHEP (Kishenganga Hydro-electric project) as envisaged by India. But it also mentions that India has to adhere with all the provisions of the Indus Water Treaty. This case was the second case between the two countries relation with allegation of violation of Indus Water Treaty, earlier being the one on Bagliar dam in Jammu and Kashmir. Syed Akbarudhin, official spokesperson of ministry of External Affairs said that the court of arbitrations decision highlighted once again that India is adhering to all provisions of Indus water treaty.

National
Veerappan Aides Death Sentence stayed.
The Supreme Court stayed the execution of Veerappans associates till 20 February 2013.Earlier president Pranab Mukherjee had rejected their mercy plea. They had filed petition through Advocate Shamik Narain seeking for reducing their punishment from death sentence to life imprisonment. Veerappanss four associates Simon, Gnana Prakash, Madaiah and Bilavendra were in Belgaum Central Jail since 2004 for landmine blast in Palar, Karnataka in 1993 which resulted in the death of 22 people. The bench comprising of Chief Justice Altamas Kabir and Justices Anil R Dave and Vikramajit Sen said that the petition filed was not acceptable in the present way. The bench suggested the senior counsel Colin Gonsalves who represented Shamik Narain in the case, to amend the present petition making the four convicts parties in the petition. The counsel had seeked the court for commutation of death sentence to life imprisonment since there was an inordinate delay in the disposing of their mercy petition. The bench was quite affirmative in saying that the case fall under rarest of rare and the convicted deserves the punishment but they are looking into matter when the execution is delayed. The counsel representing the convicts said that the execution in the case should be stayed till the court takes decision on Devinder Nath bhullar whose mercy petition also has had an inordinate delay. Senior counsels Ram Jethmalani and T R Andhyarujina who appeared as amicus curiae in concerning with the Bhullar case supported that the cases of Bhullar and Mahendra Nath Das to be pronounced before taking a decision in Veerappans associates case.

Human Rights Groups against Rape law reforms

Human rights groups Amnesty international and Human Rights Watch have mentioned some significant alterations to new sexual violence law. According to their critics the law does not meet international human rights standard and also fail to draw distinction between various levels of sexual violence. Earlier in media issues were raised against new laws as it give immunity to members of police officers and military officers accused of sexual violence. Increased consensual age and new definition to Trafficking according to the groups will be unfair to legal sex workers.

Two Sahara Firms Frozen

The securities exchange board of India has ordered the freezing of bank accounts of two Sahara group companies, i.e. Sahara India Real Estate Corporation which includes and Sahara Housing Investment Corporation which includes 707 acres of land owned by Amby valley ltd, 186 acres of land owned in Delhi & Gurgaon, 33 % stakes in Versoa Projects, 90-95% state in 64 SPVs , 313 acres in Amby valley ltd., 26% stakes in Versova Projects and 90-95% stake in SPVs owning 766 acres across India and it also includes all Bank/Demat Accounts, investments in all banks. This is considered to be one of the strongest actions among the corporate sectors.

VIP Security Culture resulting in abuse of Power : SC

The Bench of Justices G.S Singhvi and H.L Gokhale hearing a petition asked for details of the security provided to family members of the VVIP, including these with a criminal background. Earlier, senior counsel Harish M salve give various instances where VIP Security was being misuse including wrong use of the beacon lights. The prince arcot in Tamil Nadu was being provided VIP security, following the status given by Britishers for political objective and he said it has become endemic and part of our political practices. The bench directed the state and Union Territories to render information of reviews undertaken on the security provides to public and private individuals and asked them to file copies of rules/orders which empower the police or other functionaries to traffic for VIP transits. The bench also caught answers from the centre and Delhi Government on the vehicles blowing sirens as pointed out by Salve. Justice Singhvi wanted Salve to find out the genesis of beacon light culture and he said everyone lays a fundamental right to use a public, if it is unsafe, it is unsafe for everyone. Why should Cars with red lights get security over others? Positional Security (or) security due to threat perception becomes a symbol of power creates and he gave exceptions for high constitutional dignitaries medical and uniformed services of our democracy.

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Do you Know ?
A limited liability partnership (LLP) is a partnership in which some or all partners (depending on the jurisdiction) have limited liability. It therefore exhibits elements of partnerships and corporations.In an LLP, one partner is not responsible or liable for another partner's misconduct or negligence. This is an important difference from that of an unlimited partnership. In an LLP, some partners have a form of limited liability similar to that of the shareholders of a corporation. In India, The Limited Liability Partnership Act was published in the official gazette on 9th Jan09. The first LLP was incorporated in the First week of April09. US regulator allows foreign lawyers to work in-house, nearing more liberal Indian rules
The American Bar Association (ABA) has ruled that foreign qualified lawyers may work as in-house lawyers in all 50 US states with limited authority. In India in-house lawyers have to surrender state bar council registrations, meaning they can effectively work without oversight of the legal regulator. Some foreign-qualified lawyers therefore also work within companies' legal teams in India, although non-Indian lawyers are not permitted to practice in law firms or courts. Until the ABAs vote last week, foreign lawyers were barred from practising in-house in all but seven states. Although that rule has now been lifted, foreign qualified in-house lawyers will not be allowed to advise on US law without consulting an authorised US attorney. The rule change was affected by Resolution 107A and 107B, two among several other resolutions passed by the ABAs 560-member house of delegates in its midyear meeting. The new policy was motivated by the growing presence of multinational companies in the US, which, the ABA stressed, already had foreign lawyers practicing in the US albeit with little oversight. Authorising their registration will help to regulate them better, reasoned the body.

Who are we ???

1) I am _______?

2) I am _______?

3) I am _______?

4W & H ( What, When,

Where, Who, and How )

Speaker Sir...
National Food Security Bill to be reviewed
The Minister of State for Food R.V Thomas said National Food Security Bill would be reviewed in the light of concerns expressed by several states on probable cut in food grain allocation under bill and assured that the current allocation will be protected and so will the Antyodaya Anna Yojana (AAY) entitled for the poorest of the poor. The bill will be revised to make it more practical and acceptable which is proposed to be presented in the budget session. For providing subsidised grains to 67 percent of the population under the Public Distribution System, the centre would have to pick a subsidy bill of Rs. One Lakh Twenty Thousand Crore instead of the present Rs. One lakh Crore.

1. 2. 3. 4. 5.

What is the nature of rights embedded in Article 19? (Hint: Other than Fundamental Right) When does the term Time Immemorial begin under English law? Which is the State to impose highest number of death penalties in India (2001-2011)? Why do Judges break their pen after signing a Death Sentence? How is the Magistrate different from a Judge?

Legal Tussle !!
ACROSS

Find Me Out !! IPC Special Edition !!

1 Joining unlawful assembly armed with deadly weapons. 3 Voluntary causing grievous hurt to deter Public servant from his duty. 4Taking gift to help to recover stolen property etc.

DOWN
1 Abetment of desertion of Soldier, Sailor or Airman. 2 Cheating is not defined in this section, only punishment is prescribed. 3 Wrongful confinement of a person for whose liberation it has been issued. 5 Concealing design to commit offence punishable with imprisonment. 6 Act done by a person bound, or by mistake of fact believing himself bound by law.

Answer in Next Edition...

Answers This is to inform you that the answers will be out only on our Facebook Page !!!

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Isnt it Interesting ???

In Louisiana (A state in USA), It is illegal to rob a bank and then shoot at the bank teller with a water pistol. In Iowa (A state in USA), Kisses may last for as much as, but no more than, five minutes. In Pennsylvania (A state in USA), No man may purchase alcohol without written consent from his wife. In Indiana (A state in USA), Bathing is prohibited during the winter.

Intra & Ultra DSNLU

Intra
Hereafter the following societies are allocated various colors for their identification easily. 1. 2. 3. 4. Society For Literary and Debate (SoLiD) - Light Yellow Moot Court and Advocacy Society (MaAS) - Green Sports and Cultural Society (SanCtuS)- Blue Career and Placement Society (CaPS) - Red

Ultra
1. 2. 3. 4. 5. The Centre for Studies in Science Policy is organizing the INDIAFRICA Essay Writing Competition 2013 on theme How can India and Africa collaborate to co -create a brighter future?, the last date for submission is April 07,2013 . You can register online at http://www.indiafrica.in/RegisterEssay.php Agahi Parliamentary Debate at RGNUL Patiala from 8 March 2013 to 10 March 2013-02-19, you can Register at literarycommittee@rgnul.ac.in . More info at Website: http://www.agahi13.com Model United Nations at GLC Mumbai from 12th march to 14th 2013 , registrations to be mailed at glcmun@glcmumbai.com. More info at www.glcmun.com. Model United Nations at Vellore Institute of Technology, Vellore(TN) from 22nd March to 24th 2013 , registrations to be mailed at vitcmun@gmail.com. Call for papers for NLIU Bhopal Law Review, the last date for submitting manuscripts is 22nd February 2013, registrations at nliu.lawreview@gmail.com. More info at www.nliu.ac.in.

Well, On the Lighter Side.

A man woke up in a hospital bed and called for his doctor. He asked, "Give it to me straight. How long have I got?" The physician replied that he doubted that the man would survive the night.

The man then said, "Call for my lawyer." When the lawyer arrived, the man asked for his physician to stand on one side of the bed, while the lawyer stood on the other. The man then laid back and closed his eyes. When he remained silent for several minutes, the physician asked what he had in mind. The man replied "Jesus died with a thief on either side. I just thought I'd check out the same way."

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