by IJLMH | Oct 30, 2018
Exhaustion of trade mark rights mean when the owner/proprietor of a trade mark sold or transfers its rights to any other persons that moment only the owner/proprietor losses its rights to that certain product or good. And that right which he holds is transferred and started to being exercised with the new owner/proprietor. There are certain rights that an owner of registered trademark holder holds which make him/her different from the others people who poses to be owner of trademark but they are not registered. The rights which a trademark holder/owner enjoys are rights provided by the registrar of trademark.
Parallel Imports is also known as grey market goods. Parallel imports referred as when the registered product is sold in other country market without the consent of the owner of that product those products are original product they are not counterfeit product. This is occurring because of the higher price of that product in the other country. The seller/exporter will sell that product relatively cheaper than the price of the owner if he is selling in that country. The seller or exporter will purchase good from the home country of the owner and will sell it in other country where the price of that good is much more higher or whether that product is not available in other country.
by IJLMH | Aug 29, 2018
“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”
Human beings are rational animals and hence every human being by the very virtue of his birth is entitled to certain basic, inalienable rights which are also known as ‘Human Rights’. They not only ensure to establish ones identity as a human being but also make sure that humans are treated in a right and dignified way by every element in their surroundings. Nature is no exception to this rule and so right to a clean, healthy environment holds a special place to be one of the rudimentary rights of human beings. Our Indian constitution not only takes pride in being a extensive document but also as the one having specific provisions with regard to environment and its protection. But in all these attempts to exercise his rights, man is not on the same page with nature.
With the advantages of development and new innovations also come the disadvantages. But whether we are really using our intellect and conscience to keep the balance between nature and development is an aspect which needs introspection. This paper attempts to highlight the level of environmental degradation caused due to human interventions and to ameliorate human mindset through judicial decisions and doctrines for the sake of present and future generations.
This paper tries to analyze the various rights available to humans in a plethora of documents and legislations with respect to natural environment and its use, misuse and violations by the right holders.
