Guest Lecture | The Constitutional Responsibility of Judges Today

The National Law School of India University is organising a guest lecture on ‘The Constitutional Responsibility of Judges Today’ by Prof Timothy Endicott, the Vinerian Professor of English Law, Faculty of Law, Oxford University on March 31, 2022.

About the Speaker

Prof Endicott has worked extensively on general jurisprudence, with particular interests in legal interpretation and the relation between adjudication and the law. His other research interests are the doctrine and theory of constitutional law, administrative law, and human rights law.

He is the author of Administrative Law (OUP 2021, 5th ed) and Vagueness in Law (OUP 2000). After completing his AB in Classics and English from Harvard, he completed his MPhil in Comparative Philology in Oxford, studied Law at the University of Toronto, and practised as a litigation lawyer in Toronto. He completed his DPhil in Law at Oxford in 1998. He was appointed as the Dean of the Faculty of Law, Oxford University from 2007-15, and was a Distinguished Visitor in the Faculty of Law, University of Toronto, in 2017. He has been General Editor of the Oxford Journal of Legal Studies since 2015.

The event has limited seating. Kindly register for the event here.

Faculty Seminar | Reconsidering SEBI Disgorgement

This faculty seminar is being held on March 30, 2022 at 4.30 PM.

Speakers:

  • Renuka Sane, Associate Professor at the National Institute of Public Finance and Policy
  • S. Vivek, Research Fellow, Regulatory Governance Project, NLSIU

Abstract:

We study SEBI disgorgement from three perspectives. First, we study the theory of disgorgement, and find that it is a ‘gain based remedy’ that is different from compensation and restitution and that it is used for the purpose of deterrence. Second, we study the evolution of disgorgement at SEBI and find that justifications for the use of disgorgement are similar to the traditional restitutionary remedies in private law, and are not consistent with the theoretical understanding of disgorgement. Third, we study SEBI orders and evaluate if they adhere to the principles of restitutionary remedies that are the basis of SEBI’s justification for the use of disgorgement. We find that this is not the case. We argue that the justification for disgorgement and the manner in which it is applied by SEBI requires reconsideration.

The NLS Public Lecture Series | Swami Vivekananda’s Defense of Religion as a Science

This Public Lecture is on the topic “Swami Vivekananda’s Defense of Religion as a Science.” The event will be held in Room 202 of the Old Academic Block at the NLSIU campus. Those who are unable to attend the event in person can view the live stream of the public lecture on NLSIU’s official YouTube channel.

Speaker:

Swami Medhananda, Senior Research Fellow, Ramakrishna Institute of Moral and Spiritual Education

 

The NLS Public Lecture Series | Humane: How the United States Abandoned Peace and Reinvented War

The lecture will be delivered on March 23, 2022 on the topic ‘Humane: How the United States Abandoned Peace and Reinvented War.’

Speaker:

Prof. Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History at Yale University. He has written several books in his fields of European intellectual history and human rights history, including The Last Utopia: Human Rights in History (2010), and edited or coedited a number of others. His most recent books are Christian Human Rights (2015), based on Mellon Distinguished Lectures at the University of Pennsylvania in fall 2014, and Not Enough: Human Rights in an Unequal World (2018). His newest book is Humane: How the United States Abandoned Peace and Reinvented War (Farrar, Straus, and Giroux, 2021). Over the years he has written in venues such as Boston Review, the Chronicle of Higher Education, Dissent, The Nation, The New Republic, the New York Times, and the Wall Street Journal.

 

Roundtable On Trade Secret Protection in India: Road Map for a Legislation

The Department for Promotion of Industry and Internal Trade (Ministry of Commerce and Industry, Government of India) along with the Chair on Intellectual Property Rights and CIPRA, NLSIU, is organising a Round Table on ‘Trade Secret Protection in India: Road Map for a Legislation.’

Concept Note:

Trade Secrets as an intellectual property right plays a key role in the protection of business interests of an organization. The potential of Trade secrets is immeasurable, at same time the loss incurred after the theft of the trade secret is also immeasurable. Current online model of working, which became a new normal all-round the world raises many challenges considering safe preserving and protection of business models, Trade secrets. Remote working model challenges the need for the more strict and better model for the protection of Trade secrets. In India Protection of Trade secrets is a big challenge which needs to be addressed.

Unlike other Intellectual properties like patents, trademarks etc., In India, there is no statute or legislation that governs the protection of trade secrets. However, rights in respect of trade secrets are enforced through contract law (Indian Contract Act, 1872)principles of equity or by way of a common law action for breach of confidence.

Trade Secret Protection is one of the key points mentioned under 3rd Objective of the National IPR policy. On 23rd July 2021 a report submitted to the Parliament of India titled “Review of Intellectual property rights regime in India”( 161st REPORT) report highlighted the need for a separate legal framework for protection of Trade secrets as trade secret protection lacks clarity on several aspects.

Further, the report suggested for “A Separate legislation “on trade secrets, highlighted the significance of a separate legislation in protecting business environment and attracting business investments in India. India is also a signatory of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). Under article 39(2), TRIPs allow members the flexibility to frame laws that prevent the unauthorized disclosure and use of certain information.

Who Can Participate?

Law researchers, Law faculty and students, IP Attorneys, lawyers, and other interested participants.

Agenda:

Inaugural Session

2.00 pm – 2.05 pm  – Welcome & Opening remarks
Prof. (Dr.) T. Ramakrishna, Chair Professor, IP-Chair, NLSIU
2.05 pm – 2.10 pm – Presidential Address
Prof. (Dr.) Sudhir Krishnaswamy, Vice-Chancellor, NLSIU, Bengaluru.
2.10 pm -2.15 pm – Inaugural Address
Ms. Shruti Singh, (TBC) Joint Secretary, DPIIT, Ministry of Commerce and Industries, GoI
2.15 pm -2.20 pm- Special Address
Mr. Karan Thapar (TBC), Deputy Secretary, DPIIT, GoI
2.20 pm -2.25 pm – Special Address
Mr. John Cabeca (TBC), U.S .Intellectual Property Counselor for South Asia.
2.25 pm -2.30 pm – Vote of thanks

Session I

2.30 pm – 2.45 pm – Trade Secrets: Analyzing its position in the IP Landscape,
Chair: Prof. Dr. Prabuddha Ganguli, CEO, Vision -IPR, India.
2.45 pm -3.00 pm – a) Conceptual Clarity on Trade secret: Confidential Information and Trade secret
Dr. Niharika Sahoo Bhattacharya, Assistant Professor, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur.
3.00 pm – 3.15 pm – b) Gaps in Existing Legal framework for protection of Trade secrets
Dr. S.K Murthy, Patent Counsel, Intel India, India
3.15 pm -3.30 pm – c) Trade Secret as an IP
Prof. Sudipta De Sarkar, Associate Dean(TP), HOD, Dept. Of IPR Law and Practice, School of Law, Kalinga Institute of Industrial Technology (KIIT), Bhubaneswar, Odisha
3.30 pm -3.40 pm – Q & A

Session – II

3.40 pm– 3.55 pm -Trade Secrets : Need for Protection
Chair: Prof. Dr. Mark Schultz,University of Akron School of Law, Ohio, USA
3.55 pm – 4.10 pm – a) Position in other jurisdictions
Ms. Ankita Tyagi, Deputy Head, IP & Projects at European Business and Technology Centre (EBTC)
4.10 pm – 4.25 pm – b) Best practices and enforcement
Mr. Dinesh Sharma, (TBC), Senior IP Policy Advisor- India, USPTO
4.25 pm -4. 40 pm – c) A framework for India?
Mr. Pranshu Negi, Research Scholar , NLSIU, Bangalore
4.40 pm– 4.50 pm – Q &A

Session – III

4.50 pm– 5.05 pm – Trade secret protection in the Digital contest
Chair : Mr. M.S. Bharath, Founder, KRIA Law
5.05 pm – 5.20 pm – a) Vulnerability of Trade secrets
Ms Divya Kumat , Executive Vice President, Chief legal officer & Company Secretary,Datamatics Global Services Limited.
5.20 pm – 5. 35 pm – b) Emerging technologies in protecting Trade secrets
Dr. Vijaya Sarathy, Growth leader, Technology Incubation at GE
5.35 pm – 5.50 pm – c) Post Covid Challenges
Ms. Chitra Iyer, Director/ Licensing Program Leader-India, Philips India Limited.
5.50 pm – 6.05 pm – Post covid Challenges (Pharma/ Biotechnology prospective)
Dr. Arshad Jamil, Vice President – IPR, Biocon Biologics Limited.
6.10 pm – Vote of Thanks & Conclusion

Coordinators:

Jnana Teja Bandi,
Research Associate, DPIIT Chair on IPR
9848230253,

Jothsna Chikkodi
Research Associate, DPIIT Chair on IPR

 

The NLS Public Lecture Series | Double Feminist Book Salon

The NLS Public Lecture Series invites you to ‘Double Feminist Book Salon’ on 17th December 2021 from 5 PM to 6.30 PM.

About the speakers

  • Dr. Srila Roy, Associate Professor, Sociology, University of Witswatersrand, and author of Changing the Subject: Feminist and Queer Politics in Neoliberal India by Duke University Press (Forthcoming).
  • Dr. Swethaa S. Ballakrishnen, Assistant Professor, Law, University of California, Irvine, and author of Accidental Feminism: Gender Parity and Selective Mobility Among India’s Professional Elite by Princeton University Press, 2021.

NLSIU Assistant Professor, Sociology, Dr. Atreyee Majumder, will be a discussant at the session.

The NLS Public Lecture Series | The Politics of Expendability: State Suppression of Police Workers in India

The NLS Public Lecture Series invites you to a talk on ‘The Politics of Expendability: State Suppression of Police Workers in India’ by Prof. Beatrice Jauregui on December 8, 2021 at 6 pm.

About the speaker

Prof. Beatrice Jauregui is Associate Professor at the Centre for Criminology and Socio-Legal Studies, University of Toronto.

Abstract

Building on theorization of police in contemporary India as “expendable servants” (Jauregui 2016), this paper analyzes government responses to attempts by police constables to express job-related grievances and establish employee unions. Drawing on ethnographic observations, interviews, and archival documents collected in Uttar Pradesh and New Delhi over fifteen years, the analysis demonstrates that for more than a century, class warfare within police organizations has manifested in counterinsurgency lawfare between senior officials and subordinate personnel regarding whether and how the latter may collectively organize to transform their living and working conditions. It further shows how in this context the law subjectifies rank and file police as an ironically exploitable class of laborers who are always already suspect of rebelling against the state that they have sworn to serve. Through revelations of a long history of structural servitude compelling subaltern police in South Asia to do questionably legal types of work, this study raises challenging questions about how police as expendable workers have been conceived and practiced globally, and how, moving forward, we must work to reimagine what police work is, can be, and ought to be in India and beyond.

 

 

 

Faculty Seminar | Marking the Market : Municipalizing Calcutta’s Spaces of Exchange

The Faculty Seminar was held on September 8, 2021.

Speaker

Dr. Anwesha Ghosh, Assistant Professor, History, NLSIU

Abstract

This paper highlights the role of the Municipal Corporation in Calcutta’s urban development in the second half of the nineteenth century. Specifically, it focuses on the aspect of “modernisation” as evident in the transformation of Calcutta’s prosperous Dhurrumtollah Bazaar into the city’s first municipal market. The paper discusses the multiform technologies of governance deployed by the municipality (municipal governmentality) in this elaborate task of improving Calcutta’s built environment. It argues that beneath the municipality’s grandiose sanitisation and beautification plans lay a more intricate arrangement of disciplining and economizing “errant” and “corrupt” bazaar economies to conform to the logic of the modern market. Using Market Committee Reports and contemporary literary fiction as chief primary sources, ‘Marking the Market’ is an invitation to rethink questions of modernity and informality — two popular themes in colonialist historiography — not as mutually exclusive but rather as co-constitutive categories.

The NLS Public Lecture Series | Dimapur Matters

The NLS Public Lecture Series invites you to a talk on ‘Dimapur Matters’ by Dolly Kikon and Duncan McDuie-Ra on November 24, 2021 at 3 pm.

About the speakers

Dolly Kikon is an anthropologist. She teaches at the University of Melbourne.
Duncan McDuie-Ra is professor of urban studies at the University of Newcastle with an interest in urban cultures.

Abstract

The presentation discusses their recent book titled ‘Ceasefire City: Militarism, Capitalism and Urbanism in Dimapur’ (Nagaland, India) through the fluid meanings of particular spaces in the city, and the embodied experiences of the city by its residents. The authors use a description of a single site as the catalyst for drawing these parts together; the collapsed bridge over the Chathe River at Naga United Village in Dimapur’s east. At the collapsed bridge, the visions of Dimapur as a cohesive urban space, as city-like, meet the reality of its patchwork of places demarcated and governed as distinct units. The common spaces in between fall into disrepair, a locus for community frustrations materialized in concrete slabs in the riverbed, and an ornate village gate leading nowhere.