Software Patents in India

India having a vast IT sector with so many talented engineers using their software development techniques to build and innovate new software and driving the software Industry, Big companies like IBM, Google, Adobe, Samsung etc.  Having there outsourcing centers in India spend considerable amount of their budget in R&D section. There is so much competition in the market that relying on other innovation is now becoming a trend, importing technology from other research technical institution is driving the Industry, but what about the infringement.

Today software’s since being intangible is easier to steal and thus the efforts of true innovator got defeated, but how software infringement is protected and how a legal framework for a valid technology transfer can be implemented is a big question.

Indian Patent Act after its 2005 amendment in compliance with the trips agreement included products as patentable, so does that mean that software product by a company or Individual is patentable?

Well the answer is dependent upon the type of software, Since software are intangible products that means that they are not patentable prima facie, the protection of software products come under the copyright act, but copyright act protection is not enough as its very difficult to prove if somebody is using another software without license then how can one prove copyright infringement when that person is hiding its source code? Copyright is more suitable for literary works but software is more complex in its nature, A copied content from a literary work can be easily traced, But software code can be changed easily but its main functionality still be retained, so when a source code is copied and its functionality is known and it is changed keeping in view of its main functionality then copyright act is failed here.

So the question is not the source code we can protect under copyright act but can the main functionality be protected under patent act?

Now the main functionality comes under an Idea when this Idea is written it become an Algorithm, but in order that algorithm to become patentable it must solve or improve any Industrial application then it will become patentable, for example an Algorithm can be patentable if the implementation of that algorithm increases the speed of Internet by two times, If the implementation of the algorithm will enhance the digital image filtering and hence enhancing digital pictures is patentable Vicom/Computer-related invention [1987] 1 OJEPO 14 (T208/84), but algorithm merely involving mathematical operations is not patentable, The algorithm is patentable when it is linked with enhanced Industrial application.

Software alone is not patentable but when software is linked with hardware and hardware performance is enhanced then that software embedded in hardware is patentable. suppose a pacemaker software which enhance the pacemaker operation is patentable, if a software embedded in car for better  fuel efficiency is patentable, Now suppose in India if someone manufacture an OS for mobile then that OS and its subparts like camera control, Image control is patentable if that OS satisfies the definition of patents which is Novelty, innovation, enhance efficacy.


In India the courts have not interpreted software patents but from the law it is clear that a software clubbed with hardware or an algorithm performing enhanced Industrial Application is patentable, the main Idea of patent is that it is for tangible things and if someone develops a software and by using that software some tangible innovation happens then that is patentable.

Procedure for Transfer of ownership of Vehicle Delhi

The transfer of ownership of a vehicle is to be applied in the concerned zonal office where vehicle is already registered and following are the documents to be submitted:-

  1. Registration certificate in original
  2. Form no.29 duly filled in duplicate (attested one copy)
  3. Form no.30 duly filled in duplicate
  4. Attested copy of valid insurance certificate
  5. Attested copy of address proof of purchaser
  6. Attested copy of valid Pollution Under Control Certificate
  7. Prescribed fee along with penalty if the transfer of ownership not applied within 14 days from the date of purchase.
  8. Attested copy of PAN Card or Form 60 & 61(as applicable)

Note: Application should be submitted with in 14 days otherwise penalty of Rs 100/- per month will be charged

Note: Attested copy means photo copy attested by MLA/ Nigam Parshad/ Gazetted officer/ notary/ public.


Understanding Disinvestment

Disinvestment of a company basically means the action of an organization or government selling or liquidating an asset or subsidiary. It is also known as “divestiture“. It may also be a reduction in capital expenditure, or the decision of a company not to replenish depleted capital goods. Thus Disinvestment refers to the sale or liquidation of an asset or subsidiary of an organization or equity and bond capital by the government to the private sector. It also implies the sale of government’s loan capital in PSUs through securitization. However, it is the government and not the PSUs who receive money from disinvestment.

 In the BALCO Disinvestment case, Supreme Court considered the complex questions relating to effect of disinvestment on the employees and workers and whether the questions of policy and administrative matters and decision can be heard by Supreme Court. The Supreme Court delivered a very elaborate, exhaustive and thoughtful opinion on various issues related to the aspects of disinvestment. Through this article I have tried to analyze in brief the concept of disinvestment, discuss the case and relate it with the aspects of company law.

Full Article on-:

Right to food

Food is the basic necessity to have sustenance of life. We see different sect of people in India, there is a sect of people who have lavish food and who are even ready to waste it in the same of revellers and there are another sect of people who don’t even have their basic meals per day. The point I want to bring to your notice is that do we have the right to food as anyother their right conferred by the constitution and the answer to this question is YES as any other right we Indian even have the Right to food. The supreme court of India in both kishen patinayak and another v state of Orissa and Peoples union for civil liberties v union of India&others has categorically recognised the RTF(Right to food) under the stipulated Article 21 of the constitution and also DPSP(Directive principles of state policy), but another question which arises out of this is against whom is this violation of  Right to food is enforced, is the state or private body our upon our own disability…..

The latest incident about 20 children dead in Bihar due to poisoning of the mid day meals given by none another than the government, who is to be blamed in this the government, the middle men or the children themselves for their own destiny……the right to food does not mean that the government has the obligation to give free food to people it is only when people are deprived of food the government comes into picture to rescue them as said in the above incident.

After all this if u get a doubt on what actually the right to food means? Here is your answer it means the right to get food for themselves with dignity, sufficient food is available and people should have the means to access it which fulfils the requirement of daily calorie intake. The right to food confers on every person the right to be away from hunger, malnutrition, food insecurity.

Every human being is born with the inherent right to food it is generally credited to a famous speech by President Franklin Roosevelt of the U.S.A called the four freedoms- of Speech, of faith, from want, from fear. This is included in the universal declaration of human rights adopted in 1948.

Right to food is included in the international covenant and economic, social, cultural rights and adopted by the U.N general assembly in 1966. A total 156 countries have ratified it upto date. Article 11 of the covenant of economic, social, cultural rights recognises adequate standard of living……including Right of everyone to be free from hunger.

India’s right to food effort accelerated in 2001 with a law suit brought by civil liberties NGO in Rajasthan.

The important thing that has to be noticed by us is that when people certain rights they even do have certain duties and obligations to be fulfilled, fortunately or unfortunately we only remember our rights and not duties so when people have the right to food they even have the obligation not to waste it as they generally do it all sumptuous festivals, ceremonies, amusements. It is to be noticed that a person’s right becomes a duty of others that is if a person has a right to food another person has the duty not to waste it and use it in the proper sense so that it becomes a meal for the needy…

 By-: Taruni Banda

Legality of surrogacy in India

           Motherhood as everyone says is the worlds best relationship between a child and her mother, call is globalisation or modernisation this precious relationship has turned into a business to some people and dreams come true to some other. Surrogacy is an arrangement or call it an agreement between a woman and the intended parents who carries the child of these parents.

  1. The word surrogate has its origin from the Latin word “surrogates” meaning a substitute that is a person appointed to act in place of another. The report of the committee of inquiry into human fertilization and embryology or the Warnock report (1982) termed surrogacy as the practise whereby one woman carries a child for another with the intention that the child should be handed over after birth to the intended parents.

  2. The worlds 2nd and India’s 1st IVF(In Vitro Fertilization) baby, Kanupriya alias Durga was born in Kolkata on Oct 3,1978 about two months after the world 1st IVF boy, Louise Joy Brown born in Great Britain on July 25,1978, since then the (Assisted Reproductive Technology)ART came into existence.

  3. There are various kinds of surrogacy like traditional surrogacy, gentical surrogacy, donar surrogacy and so on…

  4. Coming to the issues relating to surrogacy are many from legal to religious lets have a look into it:-

  • Legal issues-

  1. Are surrogacy agreements enforceable, void or prohibited, does it make a difference whether the surrogate mother is paid or simply reimbursed for the expenses?

  2. Is there an alternative to post birth adoption for the recognition of the intended parents as the legal parents, either before of after the birth?

  1. Should we be concerned about exploitation of motherhood and corrosion when women are paid to be pregnant and deliver babies?

  2. To what extent it is right for the society to permit women to make contracts about the use of their babies.

  3. What does motherhood mean and where is the nuptial relationship lost after giving the child to the intended parents.

  4. Does the surrogate child have the right to know about the identity of her nuptial mother?

  • Religious issues-

  1. Catholics-paragraph 2376 if the catechism of the catholic church states that “techniques that entail the disassociation of husband and wife by the intrusion of a person other than the couple (donation of sperm or ovum, surrogate uterus) are immoral’’

Most important thing that is to be considered here is that most of the foreign nationals are exploiting Indian poor women especially unmarried by showing them the lust for money and entering into surrogacy arrangements which is spoiling the lives and social relationships of these women the government has to look into this issue seriously and a determined law is to be framed in this aspect. On one side this sort of surrogacy births give a ray of hope to those people who cannot conceive but to the other side and to a very large extent this sort of arrangement is being used only for exploitation purpose which has to be kept in mind.

By-: Taruni Banda


In the words of Mark Twain, “India is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend, and the great grandmother of tradition. Our most valuable and most instructive materials in the history of man are treasured up in India only.” India is a country where culture holds a very vital and strong position. This is also the most important reason why the world recognizes our nation and endows respect to it. We owe this, because a reference to history always makes an Indian proud.

To depict the greatness of Indian History, in the earlier times plays were organized. Then theatres took the charge. And, now finally television has taken the up the responsibility. As time has evolved, the T.V. entertainment has taken a shift in its broadcasting commodities. Earlier, where Mahabharata and Ramayana used to be the heart and soul to Indian television, now we have a new variety of shows. It’s an effect of globalization and also, modernization that the demand has shifted to reality shows and also to those which demonstrate intellect. There is also a liking for telecasts which we term as “daily soaps”; undoubtedly, the ones which are at the present the kidneys and lungs for majority television consumers in India.

In spite of this, we have also witnessed the saga of Lord Rama, Lord Shiva, Lord Vishnu, Lord Ganesha, Lord Krishna been broadcasted. The stories of Chandragupta, Prithviraj Chauhan, Rani Lakshmibai, Maharana Pratap, and Jodha-Akbar which have rocked our Indian history have also been on air, or, are being aired.  But sadly, the versions which we are consuming as viewers of these shows are deviations from the original one. The focus from the display of history has shifted to the dissemination of entertainment, only. Recently, a writ was filed against the broadcasting of “Jodha-Akbar’ serial on the grounds that the contents of the show are a “distorted presentation” of historical figures. This has hurt the sentiments of a large population in Rajasthan.

The question which now lies to analyze is the importance of history for the new India.  Are we running away from our culture and traditions? Are we not amazed by the legends of our historic achievers? Or, in this fast and furious world full of lust, has the Indian consumer lost his taste for the basic food? Because in the market of demand and supply, the buyers are supplied as per their call. The world of fantasy may be fascinating, but as dialogued in different Indian movies and serials, “Ghar ka daal-chawal is always better than Bahar Ki Biryani”; it is healthy, indeed.

 By-: Tejaswini Ranjan

Capital punishment for Rape Justified ?

The debate over the capital punishment has in the recent past acquired renewed vigour. The government of the day has been insisting on the increased use of capital punishment for crimes other than murder, particularly rape. Certain women’s group have welcomed this. The judiciary too has been awarding the capital punishment for violent crimes with increased regularity, with the awarding of death penalty to all the 26 involved in Rajiv Gandhi assassination, it was time for the abolitionists

to once again hold a banner of protest. Despite being a party to the ICCPR1 towards abolition of death penalty, India appears to be heading the other way. The Constitutional validity of §302 IPC was questioned before the Supreme Court in Jagmohan Singh v. State of U.P 2 article 14 of the Constitution of India and suffers from excessive delegation. After tracing the judicial decisions which upheld the constitutionality of the death penalty, and the evolution of the ‘rarest of rare’ test in the landmark Bachan Singh case,

by the court in subsequent cases.Till date the capital punishments have only acted as deterrence for those families who could hardly earn bread and butter forget about hiring a smart lawyer. In the year 1994, a man named Dhannajay was given capital punishment for raping and then killing a minor girl. His act as such was brutal calling for severe action against him, but it seems that the ends of justice have not actually been met out. So many cases of murder go not unnoticed but without any punishment because the doer has money to defend himself.

In order to do justice to one person we cannot do injustice to so many others. Why should the innocent family of the rapist suffer for an act for which he the culprit is the only one responsible?Moreover would capital punishment really bring justice? Thanks to the idea of capital punishment that an easier way to do away with the crime has been found by the doers of the heinous crime. To kill the victim and throw her somewhere and move away and if lucky enough then the crime would never

be traced back to the offender. The cardinal questions to be asked here is are the circumstances of the

crime as such that there is no alternative but to impose death sentence?

Hindu dharma talks of nark for evil doers, Muslim talks of jhanum and Christianity talks of hell for evildoers but at the same time without any exception every religion talks of reforms. Giving a chance to the culprit to compensate the victim would go a long way in reforming the person. Moreover Social protestation towards such things would also help in the long run. The unfortunate part is that even the law is very restricted and limited in its definition about rape.§375 IPC specifies that sexual intercourse comprises rape wherein penetration alone suffice to constitute that sexual intercourse which amounts to offence of rape. Least heed has been paid to the fact that rape is much wider a term and as such should be given a much wider interpretation. Even if rape is not done in the strict sense of §375 IPC, the prima facie impression of rape having been

International Covenant on Civil and Political Rights

(1973) 1 SCC 20

Bachan Singh v. State of Punjab AIR 1980 SC 898

Dhananjoy Chatterjee @ Dhana v. State of West Bengal and Ors. AIR 1994 SC 626

on the ground that imposition of capital punishment of death sentence is violative of

it is proposed to examine how the test has been applied Is Capital Punishment Justified in Heinous Crimes Involving Women?

committed does an equal harm to the victim. Nonetheless, it is not intended to take sides; it is said that if justice is to be delivered it should undoubtedly be fair and reasonable. Justice should mean justice. Also if torture is deemed best for the rapist then, why not this torture is constructive? For instance, the convicted can be made to compensate the victim or her family by his income through employment or community services. Even if all this sound a bit dis satisfactory to the victim of rape or her family then it is submitted that capital punishment is quite a merciful punishment for a crime as heinous as rape. Why should the rapist be killed with a pain of just two seconds contrary to the victim who in a society like ours would still live with so much shame and un-acceptance? If the girl has to continue with this stigma throughout out her life let the rapist also live with the stigma of rapist. He should be made to suffer equally, if not to avenge then at least to strike a balance.

By-:  Priyan Garg

Environmental Laws-Path to sustainable development.


We have laws for human beings which are quite popular area of legal practice, but above all the laws Mother Nature has its own laws and if we break those laws laid by the nature then in every probability we would get punished by the nature. The recent disaster at uttarakhand is an example that no human being is above the fury of nature and the punishment for crime against nature is disaster. But since the laws laid by nature are not codified neither there are any tribunals nor any trial, only there is punishment, so there is a sense of responsibility for the human beings to understand the nature and codify the natural laws into the Environmental laws so that the intervention of mother nature is prevented.

However the laws made by the humans are like double edged sword, on one side we need to conserve nature and on the other side we need sustainable development and to strike a balance between the two is the core of environmental laws.

In India the environmental laws needs to be strict as she is among the fastest growing economy in the world, There is a sense of obligation towards environment  as India is also one of the complex bio diversities among the world the challenge is to preserve the eco-sensitive areas.

We have as of now main acts which govern the environmental concerns  in India but still these laws are not so strict to stop the environmental degradation laws like Environmental Protection Act, Wild life protection act etc. have lost their teeth’s.

It is due to some of the environmental activists organization like WWF,PETA etc which are doing great job to protect environmental degradation but legally speaking the Indian Environmental Laws have become obsolete, there is a sense of implementing following things to make a sustainable growth.

1. Policy to implement the energy from renewable sources.

2. Stricter fine/punishment for environmental laws violation.

3. Stricter environmental clearance norms for eco sensitive areas such as Himalayas, Ganges, western and Eastern Ghats etc.

4. Checks to curb carbon emissions and stricter norms for new projects.

5. For citizens the promotion and development of public transport systems in major cities.

6.  Emphasis on interdependence than on independence.

7. Promotion of new technologies.

Recent Initiatives in the area of environmental laws.

Recently in year 2010 India became 3rd country having green tribunal  established under National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages

The number of cases handled by national green tribunal.

source WWF


If India wants to become a super power then we cannot take it for granted the environmental issues, The greed of the people must be curtailed by stricter norms to prevent natural disasters like that of uttarakhand which happened due to illegal mining, no regulation on hydel projects, Environmental degradation by tourism and infinite human greed.