INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

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[1] The author is an Advocate at Orissa High Court

[1] Ekta Ahlawat, Understanding the concept of Body Corporate, CA Club India, .

[2] Shubham Ojha, Why choose LLP? Ability of an LLP to contract and sue, LegalWiz, .

[3] Who can be a member of Limited Liability Partnership, LLP Wala (June 5^th 2018), .

[4] Designated Partner Identification Number (DPIN), India Filings, .

[5] Vihanka Narasimhan, all you need to know about a Limited Liability Partnership, iPleaders Blog (February 28^th 2022), .

[6] FAQs on Nature of Limited Liability Partnership, Ministry of Corporate Affairs; Government of India, .

[7] Dr. Sanjiv Agarwal, LIMITED LIABILITY PARTNERSHIP-PART-XII - (Unlimited Liability in case of Fraud), Tax Management India (March 29^th2010), .

[8] FAQs On Partners' Contribution and Transactions of Partners With LLP, Ministry of Corporate Affairs; Government of India, .

[2] Protection of Civil Rights Act, Act no 22 of 1955

[4] People’s Union for Democratic Rights v. Union of India, AIR 1982 SC

[5] State of Karnataka v. Appa Balu Ingale and Others (1992), AIR 1993 SC 1126

[8] Shri Ventataramana v. State of Mysore, (1958) AIR 255

[9] R.S. Raghunath v. State of Karnataka and another, 1992 AIR 81 1991 SCR Supl

[1] TRIPS Article 22 Protection of Geographical Indications: “Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin”.

[2] As per Food safety Standard Act 2006—Section 2 (j) -- “Food” means any “substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances”.

[3] As per Geographical Indication Act 1999, Section 2 (f) - “goods” means any “agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff”.

[5] Class 5. “Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides”. Class 29. “Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice”. Class 31. “Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt”.

[6] Section 9 of The GI Act 1999, Prohibition of registration of certain geographical indications

[7] Section 11 of The GI Act, Application for registration.. “a statement as to how the geographical indication serves to designate the goods as originating from the concerned territory of the country or region or locality in the country, as the case may be, inrespect of specific quality, reputation or other characteristics of which are due exclusively oressentially to the geographical environment, with its inherent natural and human factors, and theproduction, processing or preparation of which takes place in such territory, region or locality, as the

case may be;

…….the geographical map of the territory of the country or region or locality in the country in

which the goods orginate or are being manufactured”.

[8] Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.

[10] After Kolkata, Odisha gets GI tag for its own variety of rasgulla | Times of India Travel (2019). Available at: https://timesofindia.indiatimes.com/travel/destinations/after-kolkata-odisha-gets-gi-tag-for-its-own-variety ofrasgulla/articleshow/70451535.cms (Accessed: 27 July 2022).

[11] ‘West Bengal and Odisha Battle Over the Invention of “Rasgulla”’ (2015). Available at: http://food.ndtv.com/food-drinks/west-bengal-and-odisha-battle-over-the-invention-of-rasgulla-1211128 (Accessed: 27 July 2022).

[12] 2(k) “producer”, in relation to goods, means any person who,— (i) if such “goods are agricultural goods, produces the goods and includes the person who processes or packages such goods; (ii) if such goods are natural goods, exploits the goods; (iii) if such goods are handicraft or industrial goods, makes or manufactures the goods, and includes any person who trades or deals in such production, exploitation, making or manufacturing, as the case may be, of the goods”.

[13] UNCTAD (2015) ‘Why Geographical indications for least developed countries?’, p. 77. Available at: https://www.tralac.org/images/docs/10483/why-geographical-indications-for-least-developed-countries-unctad-september-2016.pdf (Accessed: 27 July 2022).

[14] Bramley, C., Biénabe, E. and Kirsten, J. (no date) THE ECONOMICS OF GEOGRAPHICAL INDICATIONS: TOWARDS A CONCEPTUAL FRAMEWORK FOR GEOGRAPHICAL INDICATION RESEARCH IN DEVELOPING COUNTRIES. Available at: https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1012-chapter4.pdf (Accessed: 27 July 2022).

[15] Frantz, F. (2016) ‘Twenty Years of Trips, Twenty Years of Debate: The Extension of High Level Protection of Geographical Indications-Arguments, State of Negotiations and Prospects’, Annual Survey of International & Comparative Law, 21(1), pp. 93–117. Available at: http://digitalcommons.law.ggu.edu/annlsurveyhttp://digitalcommons.law.ggu.edu/annlsurvey/vol21/iss1/7 (Accessed: 27 July 2022).

[16] Article 23 TRIPS: Additional Protection for Geographical Indications for Wines and Spirits

[20] Benavente, D. (2016) ‘Chapter 1 – Introduction to Geographical Indications: Origin and Characteristics’, in The Economics of Geographical Indications. Graduate Institute Publications. doi: 10.4000/books.iheid.652.

[21]Policies, A. and Countries, O. (2004) ‘Agricultural Policies in OECD Countries 2004 (Summary in Slovak)’, in. doi: 10.1787/agr_oecd-2004-sum-sk.

[22] Bramley, C., Biénabe, E. and Kirsten, J. (no date) THE ECONOMICS OF GEOGRAPHICAL INDICATIONS: TOWARDS A CONCEPTUAL FRAMEWORK FOR GEOGRAPHICAL INDICATION RESEARCH IN DEVELOPING COUNTRIES. Available at: https://www.wipo.int/edocs/pubdocs/en/wipo_pub_1012-chapter4.pdf (Accessed: 27 July 2022).

[25] Vandecandelaere, E. et al. (2018) ‘Economic Impacts of Geographical Indications: Worldwide Evidences from 9 Case Studies’, 13th European IFSA Symposium, (July), pp. 1–17. Available at: https://www.researchgate.net/publication/334315797_Economic_Impacts_of_Geographical_Indications_Worldwide_Evidences_from_9_Case_Studies (Accessed: 27 July 2022).

[26] Section 11. Application for registration.—(1) Any “association of persons or producers or any organisation

or authority established by or under any law for the time being in force representing the interest of the

producers of the concerned goods, who are desirous of registering a geographical indication in relation to

such goods shall apply in writing to the Registrar in such form and in such manner and accompanied by

such fees as may be prescribed for the registration of the geographical indication”.

[27] REGULATION (EU) No 1151/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012

[28] Hoang, G. et al. (2020) ‘The impact of geographical indications on sustainable rural development: A case study of the Vietnamese Cao Phong orange’, Sustainability (Switzerland), 12(11), p. 4711. doi: 10.3390/su12114711.

[29] Food and Agriculture Organization of the United Nations-FAO (2019) Geographical Indications for sustainable food systems Preserving and promoting agricultural and food heritage GI s contribution to sustainability, FAO Directrices. Available at: www.fao.org (Accessed: 27 July 2022).

[30] Wirth, D. (2016) ‘Geographical Indications, Food Safety, and Sustainability: Challenges and Synergies’, Bio-based and Applied Economics, 5(2). Available at: https://lawdigitalcommons.bc.edu/lsfp/1082 (Accessed: 27 July 2022).

[1] STEWART, STEVEN, INTERNATIONAL COPYRIGHT AND NEIGHBOURING RIGHTS, Butterworth (London) Second ed. p. 185

[2] CORNISH, W.R, INTELLECTUAL PROPERTY RIGHTS, (1981) Sweet & Maxwell (London) p. 340.

Act 1965, Article 82.

[6] Article 3(a), Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[7] SMITH, ADAM, THE WEALTH OF NATIONS Book II, Chill, quoted by Edward Thompson, 'Twenty Years of the Rome Convention'(1981) Copyright 274.

[8] Article 7, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[9] Article 7, WIPO Performances and Phonograms Treaty (WPPT) (1996)

[10] Article 8, WIPO Performances and Phonograms Treaty (WPPT) (1996)

[11] Article 9, WIPO Performances and Phonograms Treaty (WPPT) (1996)

[12] Article 10, WIPO Performances and Phonograms Treaty (WPPT) (1996)

[13] Article 3 (b), Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[14] Article 3 (c), Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[15] Article 4, Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (1971)

[16] The OIR (Organisation International Radio) was founded in 1946. In 1950 the EBU was founded by 23 European Broadcasting Organisations. The OIR moved to Prague and changed its name to OIRT (International Radio and Television Organisation) Covering Eastern Europe.

[17] Article 13 (1) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[18] Article 3 (g) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[19] Article 13 (b) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[20] Article 13 (d) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).

[21] Article 3, Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974).

[22] As explained by the Delhi High Court recently in Akuate Internet Services v. Star India Pvt. Ltd.,

MIPR 2013 (3) 1, it was in the wake of ‘livelihood threatening technological changes’ that the law

intervened in 1994 to recognise performer’s rights and broadcast reproduction rights.

[26] The 2012 amendment has expressly conferred this right on the performer, vide Section 38A(a)(ii)

and (iv).

[1] III BA LLB (Hons.), Student At School of Law, Sathyabama Institute of Science and Technology, Chennai, India

[2] III BA LLB (Hons.), Student At School of Law, Sathyabama Institute of Science and Technology, Chennai, India

[3] https://www.economicsdiscussion.net/industries/industrial-relations/32249

[1] K I Vibhute, “P S A Pillai’s CRIMINAL LAW” 314 (LexisNexis, 13^th Edition 2017)

[2] Treason, as in waging, attempting, or abetting war against the Government of India.

[4] Perjury resulting in the conviction and death of an innocent person.

[5] Threatening or inducing any person to give false evidence, if an innocent person is convicted and sentenced in consequence of such false evidence, with death.

[7] Abetment of suicide by a minor or an insane person or an intoxicated person.

[8] Attempted murder by a life convict, if hurt is caused.

[10] Causing death or resulting persistent vegetative state of a rape victim

[11] Repeat offenders of offenses punishable under

[13] Law Commission of India, “35^th Report: Capital Punishment” (September 1967)

[14] The Army Act, 1950 (Act 46 of 1950) ss. 34, 37, 166. The Navy Act, 1957 (Act 62 of 1957) s.147. The Air Force Act, 1950 (Act 45 of 1950) ss. 34, 37, 73, 163.

[33] Ananya Tyagi, “Death Penalty: Legislative and Judicial Chronology from Bachan Singh v State of Punjab (1980) to Manoj Singh v State of MP (2022)”, available at < https://_www.livelaw.in/columns/death-penalty-article-of-14-criminal-procedure-code-crime-and-the-criminality-test-bachan-singh-supreme-court-207070> (16^th September 2022).

[38] Reddy Sampath Kumar v State (2005) Cr LJ 4131 (SC).

[40] See Santhosh Kumar Sathishbhushan Bariyar v state of Maharashtra (2009) 6 SCC 498, 2009 (7) SCALE 341; Shankar Kisanrao Khade v State of Maharashtra (2013) Cr LJ 2595 (SC), 2013 (6) SCALE 277, (2013) 5 SCC 546; Sangeet v State of Haryana (2013) 2 SCC 452, AIR 2013 SC 447, (2013) Cr LJ 452 (SC).

[41] See Alok Nath Dutta v State of West Bengal (2007) 12 SCC 230; Swamy Shradananda @ Murli Manohar Mishra (2) v State of Karnataka (2008) 12 SCC767, AIR 2008 SC 3040; Faruq Abdul Gafur v State of Maharashtra (2010) 14 SCC 641.

[43] K I Vibhute, “P S A Pillai’s CRIMINAL LAW” 314 (LexisNexis, 13^th Edition 2017).

[44] Apurva Vishwanath, “ Number of Death Row Prisoners 488, Highest in 17 years, says report”, 2022, available at < https://indianexpress.com/article/india/number-of-death-row-prisoners-488-highest-in-17-years-says-report-7748972/> (15^th September 2022).

[45] Project 39A National Law University of Delhi “Death Penalty in India” 8 (January 2022).

[48] Death Penalty Information Centre, “Malawi Supreme Court Retreats from Opinion that Declared the Death Penalty Unconstitutional” (2021) available at < https://deathpenaltyinfo.org/news/malawi-supreme-court-retreats-from-opinion-that-declared-the-death-penalty-unconstitutional> (15^th August 2022).

[49] Death Penalty Information Centre, “Study: International Data Shows Declining Murder Rates after Abolition of Death Penalty”, https://deathpenaltyinfo.org/news/study-international-data-shows-declining-murder-rates-after-abolition-of-death-penalty (23rd October 2022).

[52] Death Penalty Information Centre, “Murder Rates of Death Penalty States Compared to the Non-Death Penalty States”, < https://deathpenaltyinfo.org/facts-and-research/murder-rates/murder-rate-of-death-penalty-states-compared-to-non-death-penalty-states> (23^rd October 2022).

[54] Law Commission of India, “262^nd Report: The Death Penalty” (August 2015).

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