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It’s not every day that you see two of the world’s largest food and confectionery brands fighting over a wafer chocolate. This 7-year long court battle came to an end in May 2017 when an EU Court ruled read more
It’s not every day that you see two of the world’s largest food and confectionery brands fighting over a wafer chocolate. This 7-year long court battle came to an end in May 2017 when an EU Court ruled against Nestlé’s claim to trademark the shape of its popular wafer chocolate ‘KitKat’.
The case was filed as an objection by Cadbury against Nestlé’s claim over the shape of the 4-finger rectangular chocolate bar. It was argued by Cadbury that the claim was unlawful as it fell under Article 3 of the EU Directive 2008/95. A replica of the same clause is also present under Section 9 of the Indian Trademarks Act, 1999-
Absolute grounds for refusal of registration.—
(1) The trade marks—
(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;…..
On the basis of the above-mentioned grounds, the court established two essentials which were necessary to be fulfilled for any shape mark to be registered as a trademark:
a. Distinctiveness of the trademark
The distinctiveness of a product also referred to as acquired distinctiveness can be defined as the key characteristic that allows customers to differentiate one product from the rest.
An important factor is determining whether the ‘Kit Kat’ shape could be considered as a trademark was to prove that the 4-fingered rectangular bar was a distinct shape that had acquired exclusive recognition as a chocolate bar over a period of time.
The second important aspect that the court delved into was the determination of the essential elements of the rectangular chocolate bar. The court sub-divided them into three essentials: the rectangular slabs, the breaking grooves and the grooves forming the “fingers” of the chocolate bar. It further stated that a shape could not be registered as a trademark if any of these essentials fell in the prohibitions with respect to a shape mark mentioned under Article 3(1) (e) of The Directive 2008/5; corresponding this Article is Section 9 (3) of the Indian Trademarks Act, 1999 [reproduced above].
The Delhi High Court has comprises a board headed by Retired Supreme Court Judge Justice Ruma Pal to prescribe Rules to prevent to stabilize the interference of media, free press and honor of judicial read more
The Delhi High Court has comprises a board headed by Retired Supreme Court Judge Justice Ruma Pal to prescribe Rules to prevent to stabilize the interference of media, free press and honor of judicial trials and how the court hearing will be recorded by the media in Delhi.
In order to find a solution to these issues, substitute Chief Justice Gita Mittal, has formed a commission which includes Justice Pal, Justice Manmohan of Delhi High Court, retired Justice G Raghavan (director, National Judicial Academy), Retired IAS officer SC panda, Arghya Sengupta (Research Director, Vidhi Center for Legal Policy), Dayan Krishna, and Advocate Bhagat Chugh.
The commission will make proposals on how media will cover the court proceedings in Delhi.
They will consider the ways to balance the free press and fair trials. The court will consider training programs for court reporters.
On the other hand, it
distinguished media’s role of spreading awareness among people about court
trials and making it an example of “Open Justice”.
In today’s era almost every nation has its own copyright law in place and is mostly standardized to some extent through various international and regional agreements. But when we look back, we realize read more
In today’s era almost every nation has its own copyright law in place and is mostly standardized to some extent through various international and regional agreements. But when we look back, we realize that the Copyright law has a unique history.
The earliest copyright case is traced back to Ireland, where there was a dispute over the ownership of the Irish manuscript Cathach. The Cathach is the oldest extant Irish manuscript of the Psalter. It contains a Vulgate version of Psalms XXX (10) to CV (13) with an interpretative rubric or heading before each psalm. It is traditionally ascribed to Saint Columba as the copy, made at night in haste by a miraculous light, of a Psalter lent to Columba by St. Finnian. A dispute arose about the ownership of the copy and King Diarmait Mac Cerbhaill gave the judgment, “To every cow belongs her calf; therefore, to every book belongs its copy.”
The real need of copyright law was felt only after the invention of printers and copiers. Prior to the invention of printers, writing could be created only once. It was highly laborious and risk of errors was involved in the manual process of copying by a scribe. Interestingly even in such a situation, Europe had an elaborate system censorship and control over scribes.
The republic of Venice was the first to grant privilege to print books. It was for the history of its own named ‘Rerumvenetarum ab urbe condita opus’ authored by Marcus Antonius CocciusSabellicus. From 1492 onwards Venice began to regularly grant privileges for books. In 1518, the first copyright privilege was granted in England. It was issued to Richard Pynson, King’s Printer, the successor to William Caxton. The privilege gave a monopoly for the term of two years. These copyright privileges were called as monopolies. Later in 1701, the parliaments of England and Scotland were united as a result of the Anglo-Scottish Union. The new parliament was able to change the laws in both countries and an important early piece of legislation was the Copyright Act of 1709, also known as the Statute of Anne, after Queen Anne. The act came into force in 1710 and was the first copyright statute.
The world's first copyright law was the Statute of Anne, enacted in England in 1710. This Act introduced for the first time the concept of the author of a work being the owner of its copyright and laid out fixed terms of protection. Following this Act, copyrighted works were required to be deposited at specific copyright libraries, and registered at Stationers' Hall. There was no automatic copyright protection for unpublished works.
Legislation based on the Statute of Anne gradually appeared in other countries, such as the Copyright Act of 1790 in the United States, but copyright legislation remained uncoordinated at an international level until the 19th century. In 1886, however, the Berne Convention was introduced to provide mutual recognition of copyright between nation states, and to promote the development of international standards for copyright protection. The Berne Convention does away with the need to register works separately in each individual country and has been adopted by almost all the nations of the world (over 140 of the approximately 190 nation states of the world). The Berne Convention remains in force to this day and continues to provide the basis for international copyright law.One of the biggest changes implemented by the adoption of the Berne Convention was to extend copyright protection to unpublished works and remove the requirement for registration. In countries of the Berne Convention, this means that an individual (or the organization they are working for) owns the copyright of any work they produce as soon as it is recorded in some way, be it by writing it down, drawing, filming, etc.
The Law of copyright was introduced in India only when the British East India Company was established in 1847. This Act had very different provisions in comparison to today’s law. The term of the Copyright is life time of the author plus seven years after the death of the author. But in no case could the total term of copyright exceed a period of forty-two years. The government could grant a compulsory license to publish a book if the owner of the copyright, upon the death of the author, refused to allow its publication. Registration of Copyright with the Home Office was mandatory for enforcement of rights under the Act. This was the first phase. In 1914, when the Indian legislature under the British Raj enacted the Copyright Act of 1914. The major change that was brought in this Act was criminal sanction for infringement. The number of times amendments were brought to this Act till 1957. Subsequently, The Copyright Act, 1957 was enacted in order to suit the provisions of the Berne Convention. This Act was enacted by Independent India by which we are governed till date.
India has been a huge crater of countless social injustice and superstitions for many centuries, even in current generation; we are still drowned in the dark depth of these evils. Exchange of Dowry in read more
India has been a huge crater of countless social injustice and superstitions for many centuries, even in current generation; we are still drowned in the dark depth of these evils. Exchange of Dowry in order to establish a matrimonial bond, given by the bride’s family to the groom’s family as a condition of marriage has been the greatest indecency throughout the entire nation. Many social deformities are associated with it since its beginning like greed, prejudice against women, mistreat and death of girl child, divorce for no good reason, bribes, etc. In the present scenario, Many social activists protest against the gender inequality and there is no doubt, that women are seen successfully rivaling men at corporate level, in legislative issue and at different stages.
In 1983, Section 498A of IPC was issued to combat the harassment of women at the hands of her husband and his family members, since then, some women are using it as a weapon to get what they want. At that point, why are men’s plea overlooked when they are harassed by some greedy women? Why there are no strict laws against women who misuse their civil rights like Section 498A, where a woman can easily accuse her husband and his family of taking dowry without any proper evidence?
What you are reading is not just an article on the evils of dowry, but another story of a woman who is mistreating her social and civil rights in the name dowry to fulfill her greed because of her indifferences with her husband’s family. Bless the modern judicial system and enhanced approach for rising above such mentality and bringing justice to those who encountered this inequality. It is a fact that justice can only be served if you struggle for it. According to the section 498A of the Indian Penal Code, demand of dowry is a cognisable and non-bailable offense in which a husband and his family are summarily arrested without any investigation on the basis of a complaint is lodged by the wife for experiencing cruelty in the name of dowry.
The misuse of dowry law is not the latest issue and the Indian judicial system is completely accountable for its expansion and the outcome of such crime is the abuse of innocent men. Many innocent men have committed suicide in order to escape the shame of facing police or court when they are harassed by their wives for no good reason at all.
The Supreme Court, yesterday, issued a slew of directions in order to prevent the misconduct of Section 498A wherein a Woman lodged a bogus complaint of experiencing domestic violence from the family she married into. It once again brought to the fore the fact that how Section 498A can be blatantly misused by some roguish women.
The bench headed by Justice Adarsh Kumar Goel and Uday Umesh lalit, requested for assistance of Additional Solicitor General Atmaram Nadkarni and Senior Advocate V Giri, who was assisted by Advocates Uttara babbar, Pragya Bhagel, and Svadha Shankar to discuss the requirement of need to check the tendency to rope in all family members to settle a matrimonial dispute.
Nandkarni stated that the enormous increase of involving relatives including Senior Citizen, Children and siblings in the case of 498A without any evidence of physical injury and mental harm. He also referred to the National Crime Records Bureau records, which indicated the growing rate of misuse of the Section 498A.
The NCRB records confirmed that in 2009, a total of 1,74,365 people were arrested under Section 498A and 8,352 cases were proven false. For the year 2012, the rate of chart-sheet filing under the act was at 93.6%, while the conviction rate was a mere 14.4%.
V Giri recommended that arrest under the provision will only carry out after recording the reasons and with express approval from the Superintendent of Police. He also suggested that counseling is mandatory before registering of a case under Section 498A.
We usually talk about the phenomenon of fast fashion environment and its influence on the fashion and luxury industries, and how it has transformed popular culture and its growing demand. The issue of read more
We usually talk about the phenomenon of fast fashion environment and its influence on the fashion and luxury industries, and how it has transformed popular culture and its growing demand. The issue of copy vs. Inspiration has been debated on social media as well as the court but when differentiation becomes impossible and we realize that we are heavily involved in it and gone too far.
In a game turnaround, Forever 21 is suing Gucci, a lawsuit filed in the U.S. District Court for the Central District of California, saying the Italian label cannot process it for its pieces that feature red and green and red and blue stripes. They are claiming that they have a right to copy designs from Gucci, who have sent numerous cease and desist letters to the retail store since December of last year. Gucci is widely known for their striped designs blue-red-blue and green-red-green pattern and they has had a trademark on that pattern since at least 1988.
In last December, Gucci asked the fast fashion network to withdraw from circulation all clothing and accessories that came with the stripes in those specific colours, claiming they have the rights to these combinations. In January and February this year, the brand sent two more letters on three bomber jackets, a sweater and a choker.
It is surprising to see that Forever 21 is taking the turn around and filing a law suit against Gucci. They are not suing Gucci for knocking off their designs, Instead of suing, might be they are taking an attempt to stop being sued by Gucci.
Gucci has issued a statement saying that Forever 21's reputation for being accused of profiting from other trademarks, including Gucci, is well established. Now, in order to distract from its own infractions, Forever 21 is trying to attack one of the most famous and iconic trademarks of Gucci. This will not stop Gucci from going after their rights to protect intellectual property and brand identity.
It becomes very difficult to choose side as the fashion brands have already involved in controversies and allegedly accused of coping each other’s design. Forever 21 has been faced legal battle numerous times, in March, the company sued Adidas over the German sportswear brand's protection of its famous three parallel stripes and most recently it was being sued by Puma for ripoffs Rihanna's Fenty shoe collections.
It's been a few years now since the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013was passed but unsurprisingly, with the exception of legal circles and among read more
It's been a few years now since the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013was passed but unsurprisingly, with the exception of legal circles and among the blogs and rants of elite upper-middle class professional women on facebook and twitter, it does not really seem to have gotten around. Tragic, since the Act specifically sought to protect domestic workers, and workers in the unorganised sector as well from unwanted advances and sexual harassment.
Where it is known, especially among the large and well-staffed companies with bright HR personnel, the term 'sexual harassment' is bound to make a Manager or Director sigh in impatience. This annoying little law, as they have come to see it, pushed by crazy women because they wanted special favours is now something additional that HR has to deal with, and money has to be set aside for. All in all, it's not the most popular law.
So what does the sexual harassment law require exactly?
Not much. For the unfamiliar - all you need to look to is S. 2 (n) , S. 3, S. 4, and S. 6
S. 2(n), if you look closely, has a bit of a surprise. S. 2 is the definition section - as such, it really shouldn't be very controversial. S.2 (n) defines sexual harassment and is said to INCLUDE - a certain number of acts, or behaviour that is 'unwelcome' and that may be direct or indirect...
From a lawyer's viewpoint, that's a fantastically difficult sentence to interpret - The section only says 'include' so there are obviously acts envisioned that have not been specified. It goes on to say 'unwelcome' but is utterly unhelpful in defining unwelcome - in a country with massively widespread sexual repression, this is like a red flag for litigation.
Direct or indirect- It's hard to think of a phrase more vague than this one when the provision is seeking to limit behaviour.
But that's not all. This is obviously not the entire definition, and we have a few more surprises coming our way.
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
Really - how is one supposed to limit this? Let's take the first one - Physical contact / advances - does that include when someone knocks your coffee in the line at the cafetaria? Or bumps into you on the stairs?
Secondly - the demanding of sexual favours - I'm completely in support of not putting employees in a position of giving sexual favours, but doesn't that require some kind of clarity on what 'sexual favours' are? Is it unwelcome sexual contact? Is it a sex act predicated on reward? S. 3 later talks of circumstances, but since S. 2(n) also stands alone, that doesn't help us much.
Thirdly, the making of sexually coloured remarks - I understand why it is there, I've been at the receiving end of it. But as a lawyer, I am not blind to the difficulty of defining or limiting these remarks. What is defined as a sexually coloured remark? More importantly, when is it unwelcome? Is it unwelcome in a group? In private?
Fourthly, showing of pornography - By far. this seems to be the one easiest to understand, but I suspect most working youth have no idea this law exists, and that it can get messy if its unwelcome.
Fifthly, any other verbal / non physical conduct of a sexual nature - Given that the Act is specifically focused sexual harassment in the workplace, this is welcome, but again, very very poorly defined.
The concept of sexual harassment is not easy to define. Drafting of laws to protect from sexual harassment, violence or abuse can be incredibly difficult and this is a decent attempt. But the definition section in this Act is rife with problems - which have to be sorted out as soon as possible.
Will be analysing the other operative sections of the Act in following posts. Stay tuned!
P.S - There is a credible effort by a filmmaker to highlight the issue of sexual harassment - both for the perpetrators, victims, and the unfortunate innocents who sometimes get caught in between. The film is being crowdfunded - If you'd like to check it out, here is the link-
If the history of Indian Politics is anything to go buy, one thing is very clear that political slogans were the make or break X Factor which decided the entire fate of the political party towards its read more
If the history of Indian Politics is anything to go buy, one thing is very clear that political slogans were the make or break X Factor which decided the entire fate of the political party towards its struggle for power.
Recently President of the United States Donald Trump trademarked his presidential campaign slogan “Make America Great Again”, a slogan so powerful that it directly appealed to the sentiments of the American people and his rise to the White House. Not only that he also plans of trademarking the slogan he plans on using in the 2020 election campaign “Keep America Great”
Now many may get confused so as to how it was possible for him to so. The answer is simple because of the commercial value attached to it. Trump not only politicised his election campaign slogan but marketed it as well, from caps, shirts to banners you could see the slogan “make America Great Again” anywhere and everywhere. The money used was to directly fund his election campaign; rather successfully given he is in White House, much to the ire of the Liberals oh his nations.
Unfortunately, in India the concept of trademarking of slogans has not developed beyond the brand value it is associated with. If the precedent set in the cases of Société des produits Nestlé SA v. Mars UK Ltd and the Phillips Case is anything to go by, the Court clearly observed that it is evident that registration is given to brand taglines is extended only when trade slogan to be validly registered, it must be necessarily distinctive in nature as has been enumerated earlier. However, if a trademark has been repetitively used, it can acquire the required distinctiveness over time by creating a separate and independent impression”,concluding that even a group of words like a tag line is eligible for registration as a trademark, as long as they distinguish the goods/service of the trademark holder, making it compliant with the act.
A public search in the Trademark Registry in all the service classes and the product classes, will show that not a single political party i.e. either the Indian National Congress (Congress), the Bharatiya Janata Party (BJP), nor the Aam Aadmi Party (AAP) the three main contenders at the national level for the 2014 elections had filed any application for Registration of their Trademark. Neither the party’s name nor the symbols of the Hand the Lotus and the broom have been registered or even applied for with the Registry. One of the reasons for this can be said to be that the parties have used their signature symbols so extensively that passing off always exists as a remedy. The crux also being that there is no commercial business value attached to it.
Getting the trademarks registered though may also prove to be rather difficult; the Congress Party uses the Indian Flag with the symbol of the Hand instead of the chakra (wheel). If the party was to apply for that trademark it would definitely be shot down by the Trademark Registry since it would be prohibited under the Emblems and Names (Prevention of Improper Use) Act. The BJP has raised the issue with the Supreme Court this year stating that the Tricolour should not be used any political party, According to the petitioner of the Writ,
“The Congress has exploited sentiments of common people and has emotionally blackmailed countrymen by using the Tricolour which has three colours in the same order as the National Flag”
Many may ask why there was no protection extended such slogans under copyright laws, the courts position regarding the same is very clear in the Philips case (supra) is also observed by the court that the enumerated slogan cannot fall within the scope of literary or artistic work establishing that slogans are a mere “combination of words which does not require any skill, hence, categorizing it as a Copyright would be incorrect”, which clears the position slogans to have in relation to copyright, would the same extend to political slogans is a matter that needs clarity upon, but given that political slogans in India have a more of sentimental- power play value and not commercial value, it is highly improbable that this matter will be caucused upon anytime sooner.
On the 1st of May 2017, Partners for Law and Development, a Delhi based organisation submitted their report on a study conducted to evaluate the experience of victims in the criminal justice system. The read more
On the 1st of May 2017, Partners for Law and Development, a Delhi based organisation submitted their report on a study conducted to evaluate the experience of victims in the criminal justice system. The study was titled "Towards Victim Friendly Responses and Procedures for Prosecuting Rape: A study of pre-trial and trial stages of rape prosecutions in Delhi and is extremely informative and enlightening in the thorough nature of its scope and analysis."
The sample size though not representative, allowed a qualitative study, providing a layered understanding of the working of the law vis-a-vis the victims at the trial stage interwoven with perspectives of victims. The study, through observation and interviews, sought to understand the extent to which victim centric guidelines established by the Supreme Court and the 2013 amendments, were reflected in the processes.
The study involved trial observation of 16 rape cases in four special courts of Delhi, interviews with 8 victims, to examine the extent to which the advances in procedural law related to rape cases were being implemented, and how the victims experienced their encounter with the criminal justice system.
It is extremely unfortunate that, after all of the publicity given to the epidemic of rape and sexual violence in India, the protests, and the public will to fight against this practice, the institutions responsible still do not respond as appropriate.
Thus, this study has found that evidence suggests that in some cases, the police sought to discourage the complainant from filing the FIR, and also suggesting a compromise. Complainants also do not consistently receive a copy of the FIR, which is their statutory right.
More shocking are the observations relating to the behaviour of medical professionals in the context of the medical examination.
In the course of the study, the medical examination has emerged as the most problematic aspect of the pre-trial stage, which does not conform to the new ICMR Guidelines. Complainants are not explained the processes involved in the examination, or the purpose behind the tests. This impacts their capacity to give informed consent, even as consent is formally recorded. As a pitfall, it prevents the complainants from bringing attention to injuries and other facts, which feeds into the trial as evidence. While the MLCs do not report conducting 2-finger tests or notings about the victim being ‘habitual to sex’, insinuations about sexual history remain. Some MLCs reflect notings of old tears in the hymen and the absence of injuries, insinuating sexual history and lack of resistance, respectively.
It must be remembered that repeatedly, Judges of the Supreme Court as well as High Courts have denounced such comments and behaviour by medical professionals, and have insisted that no such inferences are to be drawn. This behaviour is a reflection of the deeply embedded patriarchal and contemptuous attitude towards women in our society, and unfortunately permeates through the medical fraternity as well.
An important dimension of the medical procedures is to provide continued treatment for injuries the complainant might have suffered in the assault, and providing counseling in order to cope with trauma. The medical procedures, however, prioritise evidence-collection over these aspects of holistic and reparative justice.
Aside from the medical examination, it is clear that the system provides little to no relief for victims. Complainants experience the need for legal guidance and support, absent which, they go through the distinct processes without information, and with uncertainty and confusion. They are not explained the relevance of the different processes involved, which inhibits their full, informed participation. They encounter obstacles in the most basic processes, such as registering the FIR, or obtaining a copy of it. This lack of information impacts their right to avail of victim compensation, and also their rights through trial.
The idea of crimes being about the State versus the accused was supposed to be about empowering the victim, not leaving them out in the cold. What should the legal fraternity and the State do to correct this horrifying process that victims of rape go through?
South and South East Asia are not exactly known for their human rights records. What makes the situation even more tragic is that ironically, the Asia Pacific is now the only major 'continental grouping' read more
South and South East Asia are not exactly known for their human rights records. What makes the situation even more tragic is that ironically, the Asia Pacific is now the only major 'continental grouping' in the world with no overarching human rights mechanism. This has basically meant that outside of a country's Parliament or their own Courts, people are, essentially on their own. The implications of this for human rights need not be repeated. There are few things more dangerous than absolute power - and in 2017, Asian countries still have complete and absolute power over their citizens.
Is it even worth exploring the idea of a regional human rights system for Asia? This post looks at a few key factors that shapes this discussion.
There is obviously a strong and reinforceable case for a regional human rights mechanism for Asia. But a fact to be noted here is that the current decade is a particularly opportune time to engage in this initiative. Powerful political economies of Asia have grown increasingly resistant to a UN – managed discourse on human rights, accusing it of politicization and of pandering to western oriented concepts. They have also simultaneously indicated a desire to prove that the region’s issues can be effectively managed, without western intervention or assistance. Developments with SAARC, ASEAN, APT (ASEAN Plus Three, including China, Japan and Korea) and EAS (a grouping of 18 Asia-pacific countries), all signal a willingness to treat the region’s problems as part of a collective responsibility and the move towards economic solidarity can be easily capitalized upon to agree upon human rights. I
n this context, an instructive comparison should it be made with the process that led to current African regional integration and their human rights mechanisms. If a nation were to take the lead in this, and push for an Asian regional human rights mechanism, how would that be operationalised? Would it be advisable to simply transpose the laws and obligations that have developed under the international umbrella? Such a process would, however, be unsustainable, since it would still be open to the charge of being based on western values. That is why it is vital, if such an initiative were undertaken, to emphasise the importance of the system being based on an Asian-led process of formulating human rights norms and values.
While the treaty-based system is indispensable, it’s purely legal rhetoric is less persuasive to governments resisting interference in sovereignty and is therefore ineffective. Achieving better human rights enforcement in Asia will require the region to go through its own process of synthesizing human rights norms from the collective consciousness of the region, that it can claim ownership of and locate it as a part of social development. It would also be more beneficial in a region that prides itself on its ancient and varied cultures and civilization, and a societal value system based on cultural norms rather than legal norms.
Kumar Vishvas the controversial AAP party leader was once against in the center of controversy when he used a poem by the erstwhile notable poet Harivansh Rai Bachchan in one of his segments.Last week, read more
Kumar Vishvas the controversial AAP party leader was once against in the center of controversy when he used a poem by the erstwhile notable poet Harivansh Rai Bachchan in one of his segments.
Last week, a song by Mr Vishvas which used as its lyrics a poem by Mr Bachchan's father Harivansh Rai Bachchan was brought to the actor's notice. Mr. Bachchan tweeted to Mr. Vishwas that it was copyright infringement and that 'legal will take care of this' and legal notice was served.
In response, Mr. Vishvas has tweeted that the video is being taken offline and that a sum of Rs. 32 will be paid to Amitabh Bachchan as royalty.
The poem used is titled NeendKaNirmaan, PhirPhir. Kumar Vishvas' song, with the same title as the poem, was uploaded last week on YouTube as part of his programme ‘Tarpan’, from where it was shared with Mr. Bachchan by a fan.
Such instance barely scratches the surface that artists face in India. Before the Copyright Amendment Act, 2012, artists had virtually no rights over their work, lyricist Javed Akhtar, who was then a Rajya Sabha Member, made an impassioned speech about how artists had constantly suffered for decades at the hands of just about everyone and recalled many instances when stalwarts died penniless and in obscurity because of the millions that were rightfully theirs never reached them.
This of course, is another instance where copyright laws is not considered to be a serious issue, even by prominent leaders, who chalk it off as lack of awareness. Many artists and singers are not aware of the copyright boards and the protection offered under the Copyright Act, much less on how royalties work, poets like Kumar Vishvas included.
Protecting your work is up to you. Fluidity in infringing an artist’s right without any assigning any credit, free or royalty exists as a general norm in our country. It is the artists who have to ensure that source of living remains intact. The problem of online is rampant even among the educated youth who obtain pirated movies, songs, books etc. via online streaming.
Awareness about copyright infringement also needs to be accompanied with implications of what the consequences of copyright infringement can be.
There is a segment of viewers who have criticised Amitabh Bachchan for initiating legal action against Kumar Vishvas for using his father’s poem. For his part, Vishwas also believes that he was just being a medium in making the works of great Hindi poets accessible to a newer generation and this is a sentiment that is being echoed by common folk who seem to enjoy Bachchanji’s poetry.
The fact of the matter remains that Kumar Vishvas needs to respect the artist. As an artist himself, and also a social figure, did he not take permission from Bachchanji’s estate to use his works? Of course, it’s fine for Vishvas to say that he got good feedback and appreciation from the families of the other poets that he profiled — but that is a different issue. In art, as in life, one must simply never forget to do unto others as you would have them do unto you.
New Delhi, India
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S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
2. Fulfilment by SoOLEGAL - If the Registered User/ Consultant has uploaded the Documents/ Advice in SoOLEGAL Site, SoOLEGAL Authorised personnel does not access such Documents/ Advice and privacy of the Client’s Documents/ Advice and information is confidential and will be encrypted and upon payment by Client, the Documents/ Advice is emailed by SoOLEGAL to them. Client’s information including email id will be furnished to SoOLEGAL by Registered User/ Consultant.
If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
4. SoOLEGAL will remit the fees (without any interest) to its Registered User/ Consultant every 15 (fifteen) days. If there is any discrepancy in such payment, it should be reported to Accounts Head of SoOLEGAL (email@example.com) with all relevant account statement within fifteen days from receipt of that last cycle payment. Any discrepancy will be addressed in the next fifteen days cycle. If any discrepancy is not reported within 15 days of receipt of payment, such payment shall be deemed accepted and SoOLEGAL shall not entertain any such reports thereafter.
5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
Category and Documents/ Advice Restrictions
Certain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos).
SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list.
For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL.
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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