Atticus Roark

  Life, Liberty and the Unborn Child – India’s chasm with abortion laws Abortion is an extremely sensitive and complicated subject, something that civilisations across time and space have had a difficult time dabbling with. Independent India’s story has been no different as laws and attitudes towards abortion have witnessed a significant shift over the course of 7 decades. Up until the 1960s abortion was illegal in India under several provisions of the Indian Penal Code, 1860 (‘IPC’) Section 312 of IPC - Causing miscarriage .— " Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable t...

  Advisory for online advertisements –   The Consumer Protection Act, 2019 gives the Central Consumer Protection Authority (‘Authority’) wide ranging suo motu powers to deal with issues related to consumers as a class. The Authority is specifically strict with issues relating to false/misleading advertisements. A false or misleading advertisement in relating to any product or service, means an advertisement which – A)      Falsely describes such product or service; or B)       Gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service, or C)       Conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or D)      Deliberately conceals important information. If the Authority is of the o...

                          Children’s Online Safety and the measures of age gating in India - India is home to nearly 820 million internet users currently with the number expanding by each passing minute as internet continues to penetrate deeper into our lives, both quantitatively and qualitatively. While every country is grappling with the issue of internet security or the lack thereof, India faces a peculiar situation as a large chunk of its population (nearly 33%) still consists of minors (children below the age of 18 years). Online safety specially for children therefore becomes paramount specially in the absence of a singular legislation dealing specifically with the issue of online safety of minors. The lack of specific and singular legislation often leaves several organisations providing online services in the dark regarding the age gating measures to be employed while providing their services. Governing Legislation ...

  HOW TO REGISTER A COPYRIGHT IN INDIA? What is a copyright? A copyright sometimes also known as the author’s right is a legal term that encompasses the right to copy, distribute, adapt, display or perform a creative work which can range from books, music, paintings, sculpture, films, computer programs, databases, advertisements, maps and technical drawings. It is governed by the Copyrights Act, 1957. Essential documents – 1.       Title and language of the work. 2.       Name, address and nationality of the of the applicant. 3.       Mobile number and email address of the applicant. 4.       Three copies in case of a published work and 2 copies in case of an unpublished work. 5.       Special Power of Attorney or Vakalatnama signed by the concerned parties. 6.       The applicant needs to obtain authorization if t...

  HOW TO REGISTER A TRADEMARK IN INDIA What is a trademark? According to Section 2(1) (zb) of the Trademark Act, 1999 a trademark is a mark which is capable of being represented graphically in the form of a symbol, logo, word or name. In simple words, a trademark is a word, phrase, symbol or sign that distinguishes goods and services of one organization from another. The trademark registration process – The following procedure must be followed to successfully register a trademark in India – 1.       Trademark Search - The first step towards registering a trademark is to conduct a search whether a similar or identical trademark has already been acquired by a third party.   A trademark search reduces the possibility of refusal by the registry or opposition by any third party. The trademark search can be conducted by visiting official website of the trademark registry or a specialized third-party software. 2.      ...