Efficacy of cloud contracts Dinesh Kumar, Amita Verma Namita Bhardwaj, Rajinder Kaur Aip Conference Proceedings, 2022 Contracts are a life line of any commercial activity and the technology also had an impact on this basic document but the essence and relevance is the same even in the cloud computing world. Cloud contracts have a very significant role in addressing the legal issues emerging from cloud computing services by defining the roles and responsibilit ies of the stakeholders. In the present article, the efficacy of cloud contracts in resolving the legal issues emerging from the adoption of cloud com puting has been determined. The research paper is divided in three major sections. The first part contains the introduction to contracts and difference between the cloud contracts from other kinds of Information Technology Agreements. The second part includes comparative analysis of the contracts of three leading cloud companies i.e. Amazon Web Service, Google and Facebook. The third part deals with the findings of the comparative analysis and few suggest ions to tackle the legal dichot omy regarding application of laws to cloud services
Influence of patent law on price of medicines: A comparative analysis of various countries Naina Singh, Rajinder Kaur, Rashmi Aggarwal Healthcare Policy and Reform Concepts Methodologies Tools and Applications, 2018 There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.
Exclusions on patentability: A study Parul Sharma, Rajinder Kaur Patent Law and Intellectual Property in the Medical Field, 2017 Exclusion of patentability finds its justification in philanthropy and public welfare. Time and again this approach has been endorsed and upheld by the eminent jurists. However, the “US Supreme Court in the case of Diamond v. Chakrabarty” endorsed a controversial view holding that “anything under the sun made by man” is patentable, but the situation was however rectified subsequently in “Diamond v. Dier.” The Boards have gone a step forward in being very selective while granting patents excluding “Plant and Animal varieties” and also other immoral procedures, for example the process of cloning human beings etc. from the scope of patentability. The chapter will take up the study relating to the provisions of exclusions in patentability in international and national regime. The chapter will further highlight the emerging grey areas on the exclusions of patentability.
Patent law and intellectual property in the medical field Rashmi Aggarwal, R. Kaur Patent Law and Intellectual Property in the Medical Field, 2017 Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical eld. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.
Influence of patent law on price of medicines: A comparative analysis of various countries Naina Singh, Rajinder Kaur, Rashmi Aggarwal Patent Law and Intellectual Property in the Medical Field, 2017 There is a great deal of disparity between the availability and affordability of medicines in least developed, developing and developed nations. Patents are one of the major reasons of this difference. The pharmaceutical industry spends over US$10 billion to fund some 90% of 40,000-80,000 randomised controlled trails being conducted across the world at any given time. A United Nations AIDS study reported that the number of people in poor countries who have access to anti-retroviral medicines remains extremely low; only 30,000 received medication in 2002, out of an estimated 5 million in need. The proposed chapter aims to study effect of patent law on pricing of medicines. The legal and regulatory policies such as TRIPs jointly introduced by various nations to regulate the pricing of patented products will be elaborated in this chapter. Apart from national and international policies, the behaviour of pharmaceutical companies also affect price of patented products. The chapter will also cover various techniques pharmaceutical industry adopt to control price of patented products such as proliferation of me-too drugs, product reformulation, prolonging patent rights, biasing research and large promotional expenditures.
The regulatory environment of comparative advertisement in India - an analysis Rajinder Kaur, Rashmi Aggarwal International Journal of Law and Management, 2013 Purpose – This study aims to compile the present situation of comparative advertisement in Indian markets and the existing legal remedies by citing some factual cases from the industry and important judicial pronouncements. Design/methodology/approach – It is a qualitative research based on primary and secondary source of information. Secondary sources comprise of statutory provisions of relevant act, articles/news items available in academic/trade journals and information generated from Government of India web sites. Primary research involved face-to-face interactions with practising advocates from Delhi High Court and Supreme Court of India in the area of trademarks. Information was collected on parameters related to efficacy, applicability, enforceability, monitoring, and legal issues of trademarks and disparagements. Findings – In India, comparative advertisement is relatively a new concept and the lawful remedies are not that strong as that is other countries. In the absence of the stringent laws, the practice of comparative advertisement has seen many derogatory consequences a few are mentioned here. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India. Originality/value – This research paper attempts to provide an overall understanding of judicial environment on comparative advertisement in India which is still at its nascent stage.
Data protection: A need of the hour for information technology enabled services (ITES) Rajinder Kaur, Prabal Mehrotra Interdisciplinary Perspectives on Business Convergence Computing and Legality, 2013 The right to privacy, characterised by Justice Brandeis in Olmestead v. United States (1928)277 US 438 as the “right to be let alone: the most comprehensive of rights and the right most valued by civilised men,” is recognized under India’s constitution by the Supreme Court in four rulings: Kharak Singh v. State of Uttar Pradesh and Ors. AIR 1963 SC 1295; Govind v. State of Madhya Pradesh and Anr. (1975)2 SCC 148; R. Rajagopal alias R.R. Gopal and Anr. v. State of Tamil Nadu and Ors. (1994)6 SCC 632; and District Registrar and Collector, Hyderabad and Anr. v. Canara Bank (2005)1 SCC 496.1 This aim of this chapter is to analyze the legislative provisions prevalent in India, especially those afforded by the Information Technology (Amendment) Act, 2008, and the Ministry of Communication and Information Technology, Government of India, and also the legislative provisions accorded to data protection in the United Kingdom and the United States of America, so as to be able to reach a conclusion that will address the need for data protection law(s).
