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Moral Rights in Art India

Moral Rights in Art: A Critical Appraisal of the Indian Perspective

The article provides a doctrinal analysis of the „moral rights“ jurisprudence that started with the Amar Nath Sehgal v Union of India (2005) case and was recently propounded upon in the Raj Rewal v Union of India (2019) judgment of the Delhi High Court. The article argues that the court’s omission in Sehgal to deal with the consequence of „moral rights“ on property rights has allowed subsequent benches to dilute the original doctrine

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Indian Tribunal Rejects Revenue’s Argument that Subscription Fees is a Fee for Technical Service: Reopens Discussion of India’s Outdated Tax Treaties

Indian Tribunal Rejects Revenue’s Argument that Subscription Fees is a Fee for Technical Service: Reopens Discussion of India’s Outdated Tax Treaties

A recent order of the ITAT refocusses attention to the need for India to update its tax treaties and ensure that income from the digital economy is more equitably taxable in countries of residence and source. The case also highlights the problems with the way the revenue department responds to important judgments of appellate courts and how it pleads cases before tribunals.

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The Interplay between Section 17 and Section 9 of the Arbitration and Conciliation Act 1996

The Interplay between Section 17 and Section 9 of Arbitration & Conciliation Act, 1996

This paper examines the interplay between these two Sections, analysing their scopes, overlaps and procedural distinctions Section 9 allows parties to approach the judiciary for interim relief, thus ensuring the preservation of rights and status quo until arbitration concludes. Section 17, by entrusting tribunals with similar powers, seeks to streamline the arbitration process by reducing dependence on courts.

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AI-Generated Art and Indian Copyright Law: A Legal Vacuum?

AI-Generated Art and Indian Copyright Law: A Legal Vacuum?

The advent of AI has globally taken the art industry by storm. It has raised concerns surrounding IPR. This has led to unease around possibilities of AI using copyrighted works without authorization. The copyright laws in India are governed by The Copyright Act of 1957. The limited scope of Indian copyright laws has been slightly widened by the 1994 amendment, which recognised computer generated artworks as copyrightable. However, questions around authorship and rights arising thereof remain under ambiguity. This scenario has highlighted a lacunae in the Indian copyright system.

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The Interplay Between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899; A Harmonious Construction of Law by the Hon’ble Supreme Court of India.

The Interplay Between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899; A Harmonious Construction of Law by the Hon’ble Supreme Court of India

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The interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 has been a subject of legal ambiguity, particularly regarding the enforceability of arbitration agreements in unstamped or insufficiently stamped contracts. The Supreme Court’s recent decision in In Re: Interplay Between Arbitration Agreements under the Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 has provided clarity by harmonizing these statutes. The Court ruled that non-stamping does not render arbitration agreements void ab initio but only inadmissible as evidence until stamp duty is cured, ensuring such defects are curable under law.

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Das EU-Lieferkettengesetz

Das Europäische Lieferkettengesetz ist eine bahnbrechende Gesetzesinitiative zur Förderung ethischer und nachhaltiger Geschäftspraktiken in der Europäischen Union. Es ist wichtig für Unternehmen, die mit Ländern der EU Geschäfte machen. Die Aspekte werden in unserem nächsten Artikel des RFKN beschrieben.

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