Articles by Devika Agarwal
Sep 01, 2017
Fashion in IPR mode: Rohit Bal, Anju Modi, Anita Dongre copyright designs as plagiarism spreadsDesigner clothes are often improvisations of existing styles of clothes. Therefore, another issue which arises is whether every design is ‘original’ enough to merit protection?
Aug 27, 2017
India lacks landmark judgments on design piracy, only identical imitations attract copyright infringementIn the absence of a landmark judgment in India on the issue of design piracy involving designer clothes, it is best to assume that only obvious/identical imitations or imitations with minor differences (such as colour) would be considered design piracy.
Aug 18, 2017
Sedition and social media: Section 124A needs a relook as it could be a tool for harassmentWhile there is a need to re-examine the law on sedition in India, it is also important to clarify how sedition law applies to social media users in the country.
Aug 12, 2017
Shashi Tharoor’s ‘right to silence’: Balancing free speech and trial by mediaOne of the concerns which Shashi Tharoor’s defamation suit raises is the balance between trial by media and free speech
Jul 15, 2017
Casteist remarks on social media now punishable: What fighting online hate speech in India entailsThe right to freedom of speech is not absolute and is subject to reasonable restrictions to prevent hate speech.
Jun 21, 2017
Granting trademark over buildings like Mumbai's Taj Mahal Palace violates citizen's right to cultural heritageTrademarks over buildings such as Mumbai's iconic Taj Mahal Palace Hotel should not be granted by the Indian Trademark Office as it would unfairly restrict the right of the public to their cultural heritage
Jun 13, 2017
Hindu Marriage Act must keep up with times to provide protection to partners, children in live-in relationshipsThe scope of marriage under the HMA must be expanded to accommodate the changes in society and to provide legal protection to the rights of partners and children born out of non-marriages.
Jun 01, 2017
Proving 'criminal conspiracy' remains complicated in India, but Babri Masjid case may bring clarityGiven that the criminal conspiracy charges make the CBI’s case against the accused in the Babri Masjid demolition case more buoyant, it is worth exploring the ingredients of the offence and what issues are relevant for the prosecution to address in the present case
May 30, 2017
AIIMS entrance test dress code: Ban on hijab is unconstitutional, violates right to freedom of religionThe Kerala High Court’s decision on the hijab ban in AIIMS entrance test is a welcome interpretation of the right to freedom of religion in India.
May 25, 2017
Centre must outlaw female genital mutilation, take proactive steps to end 'cruel' practice in IndiaThe Indian government must pay heed to the petition on Supreme Court and take steps to ban female genital mutilation (female khatna) as it is unconstitutional and an egregious violation of human rights