Papers by Dr.Avinash K U M A R Babu
Recognition is a statement by an international legal person as to the status in international law... more Recognition is a statement by an international legal person as to the status in international law of another real or alleged international legal person or of the validity of a particular factual situation.
Subjects of IL and relationship between IL and Municipal Law
SHODH DRISHTI, 2023
Privacy is a concept related to solitude, autonomy, and secrecy but it is not synonymous with the... more Privacy is a concept related to solitude, autonomy, and secrecy but it is not synonymous with these terms for beyond the purely descriptive aspects of privacy as isolation from the company, the curiosity, and the effect from the others. Privacy implies a normative element, the right to executive control of access to the private realm1. Aristotle said that Information processing within an animal's body intimates and controls the animal's behaviour. Like other animals, humans are also information dispensation beings, but the ability of humans to choose their actions and control their behaviour, using theoretical and practical reasoning, distinguishes humans from all other animals and makes them ethically responsible for what they do and what they became2. The Indian Constitutional Law provides a fundamental right for any person to access information held by government bodies. At the same time, the right to privacy laws grants individuals a fundamental right to control the collection of, access to, and use of personal information about them that is held by governments and private bodies. The relationship between privacy and the Right to Information laws is currently the subject of considerable debate around the globe as countries are progressively adopting these types of legislation. Both are essential human rights in the modern information society and alsodescribed as “two sides of the same coin”. Further, the right to privacy and right to information are complementary rights that promote individuals’ rights to protect themselves and to promote government accountability. But there is a potential conflict between these rights when there is a demand for access to personal information held by government bodies. Where the two rights overlay, states need to develop mechanisms for identifying core issues to limit conflicts and for balancing the rights.
Infokara Research, 2019
This research paper is an attempt to reflect the concept of judgments on the right to privacy in ... more This research paper is an attempt to reflect the concept of judgments on the right to privacy in India. The Supreme Court has propounded that in order to tend a right as a fundamental right it is not necessary that it should be expressly stated in the constitution as a fundamental right. Right to Privacy is one amongst such right which has emanated after widening up the area of Article 21. Nonetheless, such a right has been guaranteed by the Supreme Court under Article 21 and several other provisions of the constitution read with the Directive Principles of State Policy. The researcher has discussed various judgments on the right to privacy.
Gisscience Journal, 2022
Computer software is a creation of intellect and needs protection from unauthorized usage. The ar... more Computer software is a creation of intellect and needs protection from unauthorized usage. The article examines the nuances of debate on the protection of software under the intellectual property regime. It traces down the roots of debate to TRIPS where patent protection is made available to any invention, whether product or process, in the field of technology provided the given criteria is met and does not mention software in the category of excluded patent subject matter. Apart from this, under Article 10, it makes provision for computer software, whether source code or object code. The absence of any clear guideline on the protection of computer software gives rise to the ambiguity surrounding this issue. The article seeks to throwlight on issues related to patenting of computer software, analyzes the economic and legal question of whether software should be granted patent or copyright protection with a particular focus on the Indian software industry. After taking into account factors such as the nature of the software industry in India, the term of protection, the extent, and threshold of protection, enforcement mechanisms, it has been argued that software copyright is a viable option as opposed to software patenting.
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Papers by Dr.Avinash K U M A R Babu