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Showing posts from August, 2019

TRIPS Agreement and Challenges

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Image source: ictsd.org By K A Dhananjay, Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement is a framework which brought a unified Intellectual Property standard across the globe. It is a complementary standard to the existing WTO regime, and tries to accommodate GATT principles in its text. Now, what does TRIPS protect? TRIPS protects copyright and related rights (i.e., the rights of performers, producers of sound recordings and broadcasting organisations); trademarks including service marks, Geographical Indication (G.I), industrial designs; patents including the protection of new varieties of plants, layout-designs of integrated circuits, trade secrets and test data. When we talk about the legal aspects of TRIPS, it is necessary that we go by the fundamentals. TRIPS has two main pillars — Most Favoured Nation (MFN) principle and National Treatment principle. MFN principle states that there shall be no discrimination and reciprocity shall be bind...

Refugee Resettlement: Humanitarian Governance vs the Politics of Refugee Protection

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Image source: shutterstock.com By Jacob Thamarapally The term ‘Refugee’ is one that is often misrepresented in political discourse. As per the United Nations High Commission for Refugees (UNHCR), a refugee is a person fleeing armed conflict or persecution. The situation in this person’s country of origin is often so perilous and intolerable that they cross national borders to seek safety in nearby countries. These people have a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular group. As per this definition, there are currently more than 21.3 million refugees worldwide. Out of these, more than 1.4 million refugees need resettlement right now. These refugees still in need of resettlement mostly come from Syria. In fact, two-thirds of all refugees come from just five countries: Syria, Afghanistan, South Sudan, Myanmar and Somalia. Although all countries are obligated by the UNHCR to take in refugees...

Strengthening India’s Bond Market

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Image Source: LiveMint By Pavithra Manoj, The bond market in India is still not completely developed, even after several committees being formed throughout the years to augment the bond market. This means that the bond market is unable to share the credit burden that the banking system in India is currently facing. Since there is an absence of a well functioning bond market in the country, it is the banks and the government that take on the task of financing infrastructural projects like roads, airports, bridges and ports. This puts the banks under pressure, since they are buying into long-term assets such as bridges or highways that have a long gestation period, while they entertain short-term liabilities such as deposits of 3–5 years. This invariably creates an asset liability mismatch. This in turn leads to inefficient resource allocations on the banks’ part and ultimately weakens their balance sheet. This pressure, then, is reflected in the increase in bad loans among...

Can Strict Laws Rein in Social Media during Polls?

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(Image Source: theasiadialogue.com) By Deepit Mudaliar, In India, there are nearly 400 million Internet users who are easily accessible to the political party campaigners through Facebook and WhatsApp. There is a huge potential for social media to alter the course of election campaigns. A sensational content stirs the mind and can help false news spread in no time. Even a minor swing of over two per cent is enough to influence the electoral outcome. The recently held general elections were greatly influenced by the use of social media during campaigning. The Election Commission (EC) of India had to dig deep into the existing legislations to provide for adequate measures to control and prevent the misuse of the medium. Social media as a tool of empowerment has been used by major political parties who have unleashed media campaigns all over the world. For example, Donald Trump’s controversial but highly effective digital campaign for the 2016 presidential elections. The...