DR ANUPAM KUMAR MISHRA

                Juvenile Justice System in India Juvenile Justice (Care and Protection of Children) Act, 2015 was passed by the Parliament of India in a very controversial environment where some of the provisions were opposed by the child rights fraternity. This law replaced Juvenile Delinquency law and Juvenile Justice (Care and Protection of Children) Act, 2000. It lays down that the juveniles who are in the age group of 16 to 18 and involved in heinous offences will be tried as adults. It also creates a universally accepted and accessible adoption law for India where it takes Hindu Adoptions and Maintenance Act, 1956. It is important here to note down that it does not replace it, only takes over that. It came into practice from 15 January 2016. This Bill catered to many things. First, it included the concepts from the Hague Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption which was not present in the earlier Act. It introduces the foster care

                   Capital Punishment in India Historically, death penalty was a very common norm which was followed in India. As per Code of Criminal Procedure (CrPc), 1898 the death penalty was the default punishment for the offence of murder. But if the judge feels that the individual should be given life imprisonment rather than death penalty then there should be a reason stated in the Judgment. The reason should be clearly written and specified so that there should be no loophole present. With an amendment to the CrPc in 1955, the provision of specifying the reason for not imposing the death penalty was removed from which it can be inferred that there was no legislative preference between the two punishments. Further, in 1973, CrPc was amended again and around this time the norm was changed from death penalty to life imprisonment. That is why the death penalty was to be rewarded only in exceptional cases with special reasons. Else the life imprisonment was imposed. The amendment w

  Types of trademark How do we identify a brand? By its logo , tag , design ,symbol , the colour combination . All these things suddenly pops in our mind when we think of a brand , it helps us identifying a brand and distinguishing it with other brands . Now many companies have been spending a nice amount of money on logo , as people are now getting aware of the importance of trademark and getting their trademark registered as well. They can only ask for the rights (when infringed ) when their trademark is registered . Types of trademarks Product mark Every product has a mark on it usually helps in identifying the product the features of the product that reputation and the birthplace of the product. Product mark cannot be used on services but goods or products. Class 1 to 34 are generally categorised under product marks. Service mark It resembles the product mark but it is not required to identify a product or food it is required to identify the services. Class 35 to 45 are generally c

  Types of offences Offences can be categorised as serious offence or less serious offence. Generally cognizable offences are more serious in nature compare to non-cognizable offence.. Non-bailable offence is serious in nature compared to bailable offence. Non-compoundable offence are more serious in nature compare to compoundable offence. Warrant case are more serious in nature tham summons case. So, Cognizable offence is mentioned under section 2(c) of CrPc It says in this kind of offence the police can arrest without warrant. When a magistrate orders or gives permission to the police to arrest a particular person for an offence committed is called a warrant. As we all know, cognizable offences are serious offences .So ,a police does not require permission from the magistrate to arrest the person when the offence is serious . Offences like -Murder , rape , dowry , death etc. Non-cognizable offences mentioned under section 2 (L) of CRPC and it says police cannot arrest without warrant

 COPYRIGHT/S  Copyright is an exclusive right granted by the government to the artists, authors for their original literary and artistic works. Literary works include poems, songs, dramatic works, dialogues, musical notes (even ringtones), etc.  Artistic works include etching, blueprints, photographs, movies, videos with audio content, sound recordings ( example : sounds from the nature - waves, birds, etc.)  In India computer programmes can be copyrighted. They can also be patented in specific circumstances.  Whenever somebody refers to somebody else’s work in news etc., they have to show that they have referred to the same (courtesy) and that it was important to refer to the same. This is not the case for commercial purposes.   Duration/Term of Copyright In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author.  In the case of cinemato

  COPYRIGHT/S Copyright is an exclusive right granted by the government to the artists, authors for their original literary and artistic works. Literary works include poems, songs, dramatic works, dialogues, musical notes (even ringtones), etc. Artistic works include etching, blueprints, photographs, movies, videos with audio content, sound recordings ( example : sounds from the nature - waves, birds, etc.) In India computer programmes can be copyrighted. They can also be patented in specific circumstances. Whenever somebody refers to somebody else’s work in news etc., they have to show that they have referred to the same (courtesy) and that it was important to refer to the same. This is not the case for commercial purposes.  Duration/Term of Copyright In the case of original literary, dramatic, musical and artistic works, the duration of copyright is the lifetime of the author or artist, and 60 years counted from the year following the death of the author. In the case of cinematograph

 TRADEMARK A sign or symbol which helps in distinguishing the goods and services of one person from the goods and services of another person.Trademarks include symbols, names, logos, etc. Trademarks represent the goodwill of a brand in the market. Securitisation of Intellectual Property : Securitisation is the process of pooling and repackaging of homogenous illiquid financial assets into marketable securities that can be sold to investors.” To be specific, it is a practice whereby the future cash flow of an entity from an IP asset is used in the form of a guarantee for the repayment of its debts. Apart from the assets, the goodwill of a brand name can be securitised in order to conjure up capital from financial institutions. Hence, it becomes extremely important to protect the trademarks and identities of the popular brands. A trademark is a distinctive sign that identifies certain goods or services as those produced or provided by a specific person or enterprise . It may one or a Com