Patent for Life Saving Vaccine Granted by USPTO







Ashwagandha-patentThe USPTO has granted patent to a new vaccine adjuvant extracted from Ashwagandha which is an Indian plant used as an immunity enhancer. The grant is a welcome move since it could lead to research and development of more vaccines which could help in improving the immune system. The new vaccine is found to possess many advantages as compared to the traditional vaccines. It has shown great effect for many diseases such as tetanus, diphtheria and meningitis. A patent was granted for the same in India. The patent was granted to Serum Institute of India and the University of Pune. Ashwagandha was tested on mice as well as on rats which gave positive feedback. The advantage of Ashwagandha is that it helps patients to better react to the vaccine and also help in reducing the intake of dosage.

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Malala Yousafzai speaks at United Nations







Malala Yousafzai speaks at United Nations for Human rights

malala-at-United-NationsMalala Yousafzai an individual to be honored by every single sole on earth for her early activism and courage. Malala the young girl from Pakistan spoke at UN General Assembly on Malala day (i.e. on 12th July) raising her voice against illiteracy, poverty and terrorism. Her words were thought provoking to gathering giving a new line to education activism. Malala mention herself not as a girl shot by Taliban but the education activist who knows the importance of light as she has seen the darkness.

United Nations declared July 12 as Malala Day

Malala Yousafzai born on 12 July 1997 at swath valley became a known character when she wrote a blog under pseudonym for the BBC, about the life of children under Taliban rule, and her movement at swat for inspiring the female children to acquire education which called for danger to her life on October 9th 2012, when she was shot by Taliban. Malala after her recovery from Queen Elizabeth Hospital in UK spoke to the world on Malala day at UN sharing her thought and ideas inspiring the world by her words. The girl who is inspired by the great legends like Martin Luther King, Nelson Mandela, Muhammad Ali Jinnah Gandhi, Bacha Khan and Mother Teresa spoke about her views on non violence and existence of a peaceful state. She also highlighted about the poverty in Africa, terrorism in Pakistan and Afghanistan, extremism in Nigeria, child labor in India and Poverty, ignorance, injustice, racism and the deprivation of basic rights are the main problems, faced by both men and women and theses situation can be changed only through the spread of education, And the global education policy 2015 will be support to this.

Malala at the age of 16 has achieved numerous numbers of national and International Award and also honoring by different entities. She is also youngest nominee for Nobel Prize in history. 12th July was declared as Malala day by UN General Secretary Ban ki- Moon  supporting her to fight for education and describing her as the “global symbol” to achieve the same.

The phrase enlightening Malala day, “the day of every woman, every boy and every girl who has raised their voice for rights” and the last quote “let us pick up our books and our pens; they are the most powerful weapons. One child, one teacher, one book and one pen can change the world” by her calling the people out in universe flourished the youthfulness in young blood to resolute for right education.

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Apple found to be guilty for eBook price fixing







apple-guilty-eBookApple the multinational corporation known for its emerging technology and having 82% of market share for tablet computer is found guilty of fixing prices on eBooks in its iTunes store. Denise cote the district judge gave the verdict. The issue was mainly due to price-fixing which was primarily agreed upon in order to drive-up profit at the expense of free competition.

“The plaintiffs have shown that the publisher defendants conspired with each other to eliminate retail price competition in order to raise eBooks prices, and that Apple played a central role in facilitating and executing that conspiracy,” said Cote in the 159-page decision.

This decision has brought a dark mark on the reputation of apple calling upon other legal issues. Apple has replied to decision by taking decision of filing an appeal against it as they call it false accusations.

In 2010 when the apple made its entry to the market with eBooks it brought innovation and competition among the existing. This considerably helped in increasing the reading habits even in fast moving society but slowly started with price hike in eBooks which was initially less, it was a business tack to adapt a community in addiction to eBooks which will later not affect the market if there is increase in price. The decision was victory for millions of consumers who choose to read books electronically and to pay damages for the act done.

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Obama’s health care plan problems







Is Obama’s Health Care Plan accessible to Average American Citizen

Obama’s Health Care made with a perspective to provide Medicaid to average American health care system i.e. for citizen who are below federal poverty line. But still there are certain looms that overhauls this project. People are now analyzing it in perspectives with respect to their own convenience. The three major criteria selected as per polls on consumer views and articles are premium, consumer experience and choice. As per the new policies of this project, the indispensable prospect of this plan is that the insurers won’t be able to turn away the sick. The new policies suggest better benefits but it has been found that the premiums will be higher.

In case of choice of policy, the plan is not likely to provide bunch of options especially to seniors through Medicare. Moreover shopping online for insurance seems biggest risk for the consumer. The passing of the Affordable Care Act in 2010 by President Barrack Obama’s legislative assembly has paved the division of America into two. Likely to be said that this will roll out only on those states that is ready to go on with Obama’s law while on the other side millions of people will be denied of such coverage from next year just because they are residing in states that are refusing or not supporting the Medicaid expansion law. According to a report there it was figured that 9.7 million out of 15 million are potentially eligible who are low income adults i.e. they come under the federal poverty line resides in states who are dining the expansion or still not decided about it. It is the consequence of the Supreme Court’s decision where it was stated by the honorable bench that every state has the right to deny or refuse the Medicaid expansion. Therefore it is important especially for the political parties to remember that it is not the political parties who are going to suffer but it’s the millions of people who are going to get affected in this long run. If we now take the closer look of every prospect then it is found that it is going to be a financial decision for an average income American adult. The real consequence of this project shall be revealed by the consumers. In a State there is only one insurer who controls half of the market for individual coverage. The Obama administration promises that there shall be at least one new insurer, in three quarter of the market of federal government. Now how much this will matter is remain to be seen. Larry Levitt, the leading expert of non partisan Kaiser Family Foundation says that the individual market for 2014will look a lot like the individual market today. But people will be able to move freely and easily from insurer to insure. He added it to show the competitive pressure. Though there is delay in Obama’ law special provisions have been laid down for the companies that the companies with 50 or more workers are mandate to provide coverage to their full time employees or risk a series of increasing tax penalties if just one worker ends up getting government subsidized insurance. It was supposed to be taken affect on January 2011 but now it has been extended for 2015. This policy is already being adopted by most medium sized and large business already but the thing is that now it must be made mandatory health insurance very low paid workers of the company. Though US is considered to be the nation who can provide free and inexpensive Medicare to its entire population but still there around 16 million people are still not insured and is mostly in age between sixteen to thirty. The proportion of uninsured has been rising steadily since the 1970s.

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Is someone listening







Yeah! As an addition to the huge list of taxes UK government has imposed taxes for ‘spare bedroom’ you hold in your social living house. It might sound a little ridiculous but I am forced to say that, we pay tax for everything in and around expect for our “life”.

Social workers and middle aged family members are protesting against the government on this issue.

This matter is challenged in the Court. Government claim this as ‘a spare room subsidy’ but local language goes as ‘bed room tax’. The grounds from the people and other anti bedroom tax activists for discouraging this so called ‘tax’ are quite serious as they raise the question of equality and humanitarian grounds. Whereas UK government proceeds with this tax on legal grounds.

Besides all this mindset of lay men in the state are still confused what is the exact reason behind imposing this tax? This remains unanswered.

This is an informal tug of war between legal, moral, ethical, social thinking’s of the state. At the end of the day all the above mentioned grounds are to be taken up with due respect for a smooth functioning of a state.

People, who have spare rooms in social housing, lost 14% of their housing benefit if they have one bed room and 25% if they have two or more when the tax policy was introduced.

Tears roll off our eyes when we hear that a 53 year old lady has committed suicide after losing her house. The irony is she was offered a house 6 miles away from the city, as she failed to pay taxes for the spare bedrooms.

Other citizens around United Kingdom also fears that even their government may adopt ‘bedroom tax’ If this tax duty flags off successfully in UK.

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Physicians : Conserves or Kills







Kermit Gosnell Abortion Clinic Case

A doctor Kermit Gosnell, aged 72 years owner of the abortion clinic ‘Women’s Medical Society’ in West Philadelphia, performing late term abortions was convicted on Monday. When he was convicted for murdering three babies and for ‘involuntary manslaughter’ of the patient the defense lawyer argues that the no babies were born alive and claims the cause of ‘unforeseen complications’ for the death of the patient.

When there is huge debates on the legality of killing the fetus inside the womb, what we are forgetting is the routine performance of the late term abortions in the country when Pensylvannia sets 24 weeks as the limit. The doctor along with the assistants ‘snipped’ the baby spines when the babies delivered were moving and breathing.

The major question put forward was whether the fetus and the baby are the same or not. Whether the biological specifications and distinction legalize the killing of a life, when given a chance be grown up into a human being claiming rights and performing duties? Who will shoulder the faults which lead to the violation of rights if these lives? The supporters and opponents for abortion are making their parts clear by citing the example of this particular case.

There is no less hues and cries for this case as different from others. But the effect it makes, the thoughts it will create in the minds of the authority is important. Let’s now wait for the final verdict.


Legal Intern at Biz and Legis
LL.M (CORPORATE LAWS)
HIDAYATULLAH NATIONAL LAW UNIVERSITY,
RAIPUR

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A blanket cover on Paris and Prince Michael







Pop star Michael Jackson’s family seeking ban on paternity test of the three children Prince Michael (16),Paris (15) and Blanket (11). The whole family fears that it would give a wrong impact of Mj’s children in the society and may have an ill effect of the whole prestigious family too.

Michael Jackson’s family allege that it is the AEG live which is trying to question the paternity of the all the three child so that it becomes the ‘locus standi’ problem for these child to ask for compensation regarding the 2009 issue.

The question which arises in our mind after hearing such a controversy is:

  • What if all the three children are not biological sons of Michael Jackson.
  • What if only one son among the three is the Biological son of Michael Jackson.

If the first is true then all the three sons have the equal right to be compensated by ‘AEG live’.

If the second statement comes to be true then it will be a soul right of a single son to claim the whole compensation.

We are not here to prejudge the court but one must keep in mind that the results of paternity test may cause a greater effect both positively as well as negatively; on my point of view this is totally a mishap caused by the legal representatives of  ‘AEG live’ (a concert giant in US) which has signed Michael Jackson for about 50 farewell gigs on 2009 is allegedly taking up the paternity issue of the above mentioned children of Jackson considering the fact that the all the three children of the Michael Jackson are still teen aged; this may affect the children mentally  if the results are negative. Their position in the present society becomes a big question mark. It is also worth noting that countries like France have upheld the ban on paternity test. The main objectives behind could be considering the mental state of the child and its position in the society after such tests. Moreover it would not be just to question the paternity of a child who is not mentally prepared to undergo such a test. In the present case it makes the population in large to exclaim that after almost 4 years of Michael Jackson’s death this kind of controversy is raised in public forum. If AEG feels that Michael Jackson is not the biological father, this could have been raised at the time of filing the suit, why such long delay? Is the question which remains unanswered still. Let’s wait for court’s verdict.

SOUNDARARAJAN.R,
2nd year BBA LLB student,
Symbiosis Law School,
NOIDA.
Legal Intern at Biz and Legis.
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ASM FC moves to Court for Justice







legal-action-by-MonacoOn the 21st day of March in the outrageous judgment of the LFP as quoted by the ASM FC the League 1 and League 2 have to shift their headquarters to France. This also makes it mandatory that the players have to pay tax. At the same time we cannot forget the contributions made by the ASM FC to football since 1919. As claimed by them the decision will badly effect their conceiving development project while shifting to the new atmosphere.

In the midst of this controversy in a meeting that took place on Friday between Mr. Dmitry Rybolovlev, and the president of the French Football Federation, Mr Noel Le Graet, Monaco now claims that Le Graet, on behalf of both the FFF and LFP is demanding an exorbitant amount of 200 million Euros so as to protect them from relocation.

ASMFC has now decided to take a legal action against LFP’s decision demanding the annulment of the decision as well as the related costs.

The decision which was jointly taken by the FFF and LFP had turned a blind eye on the contributions made by the club to the French Football world. The amount can be regarded as really exorbitant and we cannot afford a foul play in between when the decision states that it meant to ensure a “fair” play.


Legal Intern at Biz and Legis
LL.M (CORPORATE LAWS)
HIDAYATULLAH NATIONAL LAW UNIVERSITY,
RAIPUR

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Corporate Sector in India Pays Exorbitant Legal Fees







legal-fees-jokeThe legal fee market has exorbitantly increased especially in the last two years. India’s corporate sector has paid $ one billion as legal fees last year. The leading and top most law firm like Amarchand and Mangaldas and other leading firms such as azb partners, Khaitan & co, Luthra and Luthra, j Sagar associates etc are earning around 77% of the total fee which is 1.07 $ by India inc. The remaining 23% of the fee is paid to the foreign firms for their foreign legal advice. This is according to the report by RSG consulting. Around $ 500 million was spent in the year 2010 and in 2012 it has reached one billion.

Filing a case and going through all the court procedures is both an expensive as well as time consuming process. Even though there is a pressure on the fees and high rate are charged, the charge rates have declined in 2011. In 2011 the hourly rates paid to senior partner were $374. Now this has reduced to $359. For the junior partners it has fallen from $239 to $186. Now a days the top law firms have also started working on a fixed basis for the companies in the corporate sector.

Things have changed and tri legal appears to be the only firm with client satisfaction. Among the top six firms. The big law firms received lower scores in client satisfaction.

The sectors which paid the highest amount of fees are the telecom industry, media, banking and finance and the pharmaceutical sector.

The increase in the litigation and the arbitration activity has increased the legal fees paid to the top law firms. According to the report by the RSG consulting Amarchand and Mangaldas tops the list followed by AZB Partners, Luthra and Luthra, Khaitan & co, j Sagar etc.

In 2011, India’s biggest private firm had to pay Rs 654 crores for the case of supplying gas from d6 in the Krishna Godavari basin. The LIC housing finance bribery case, the 2g spectrum scam etc are other cases for which a big amount of money was spent. The corporate sector also pays $2000-$ 10000 fixed day rate for the leading advocates of the Supreme Court.

According to the reports of RSG consulting India is still under layered. There is a shortage of good quality lawyers.

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A federal judge takes on copyright trolls







21st CENTURY EXTORTION SCHEME

copyright-protectionEver since the dawn of human civilization, laws were made to protect the interests of the people but it is a common feature among humans to bypass the laws to protect their vested interests at the cost of the other. The illicit business model of Prenda law Inc. which was exposed the US district court judge Otis. D. Wright bears testimony to the above said fact. Prenda law Inc which has copyrights to movies, music and other creative works scared the web users, using their creative works with the threat of lawsuits alleging piracy. The threat would be to brag a nuisance value check from the web users. The people usually get succumbed to the threats considering huge damages they would be liable to pay and in order to wriggle out from the court proceedings. Prendas mode of operation was to collect the internet identification numbers of the users and tracing out the owners of the IP number in order to extract money using the threat of law suit and thus making business out of it.

According to the words of the court the model practiced by Prenda is an extortion scheme which was named by the honorable judge as copyright troll. The most pathetic part of the story is that this heinous crime is being committed by a law firm whose primary duty is to aid the administration of justice. When the question of legal strategy is put forth by the to the plaintiff, instead of answering the question the plaintiff invoked the right against self incrimination. This amply portraits the loopholes in the legal system. Here, the plaintiff could conceal the crime with the shield of self incrimination. In fact prenda was not the first to open the chapter of copyright trolling industry association of America used to threaten college students for using their materials but they could not succeed and had to backtrack due to public pressure.

Hence, it is high time that lawmakers should evolve a strategy to make a balance between copyright protection and copyright trolls.

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