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The Saudi Labor Law serves as the cornerstone governing employment relationships between employers and employees in the Kingdom of Saudi Arabia, defining the rights, duties, and obligations of both parties. Article 80 of the Saudi Labor Law is a particularly critical provision, as it sets out the specific circumstances under which an employer may terminate an employment contract without paying end-of-service benefits. Understanding the scope and proper application of Article 80 often requires the guidance of an experienced labor lawyer, as the article reflects the Kingdom’s commitment to balancing legitimate business interests with the protection of employee rights It establishes clear legal boundaries for termination practices, ensuring that any such action is justified and fully compliant with Saudi labor regulations.

Overview of Saudi Labor Law Article 80

Article 80 of the Saudi Labor Law delineates specific circumstances under which an employer is permitted to terminate an employee’s contract without the need to provide compensation. This provision is designed to address situations where the continuation of employment becomes untenable due to the actions or behavior of the employee. Provisions for Termination Without Compensation Article 80 allows for immediate termination under the following conditions: - Misconduct: If an employee commits a serious misconduct or violation related to their work. - Breach of Contract: If an employee repeatedly violates their employment contract terms despite receiving written warnings. - Unauthorized Absence: If an employee is absent without a valid reason for a specified number of days. - Dishonesty: If an employee is found guilty of dishonesty or fraud. - Employers must ensure that any termination under Article 80 is well-documented and justifiable to avoid legal disputes. - Proper procedural fairness should be observed, including issuing warnings for rectifiable behaviors before termination. - Employees have the right to challenge wrongful terminations that they believe do not fall under the provisions of Article 80. - Legal recourse is available through the Ministry of Human Resources and Social Development or labor courts for disputes. - Theft or fraud within the workplace. - Assault or threatening behavior towards colleagues or management. - Intentional damage to company property. - Consistent late arrivals or unapproved absences beyond the permissible limit. - Failure to meet job performance standards as explicitly stated in the employment contract. - Unauthorized disclosure of confidential company information. - Sabotaging company projects or operations. - Engaging in activities that directly compete with the employer’s business. - Spreading false information that damages the company’s reputation. - Right to Fair Treatment: Employees are entitled to fair treatment and protection from discriminatory practices or unjust termination. - Dispute Resolution Mechanisms: The law outlines clear procedures for resolving employment disputes, including mediation and arbitration. - Access to Legal Recourse: Employees have the right to seek legal recourse through labor courts if they believe their rights have been violated. - Internal Grievance Procedures: Initially, the employee should attempt to resolve the issue through the employer’s internal grievance procedures, if available. - Ministry of Human Resources and Social Development: If internal resolution is unsuccessful, the employee can file a complaint with the Ministry of Human Resources and Social Development, which offers mediation and dispute resolution services. - Labor Courts: Should mediation fail to resolve the dispute, the employee has the right to escalate the matter to the labor courts for a final judgment. - Mediation Services: Offering mediation services to resolve disputes between employers and employees amicably. - Regulatory Oversight: Ensuring that employment practices comply with the Saudi Labor Law. - Advocacy and Support: Providing employees with information, support, and advocacy in understanding and exercising their legal rights. - Maintaining Records: Employers should keep detailed records of employee conduct, performance evaluations, and any disciplinary actions taken. This documentation can be crucial in substantiating the reasons for termination if challenged. - Clear Policies: Developing clear, written policies that outline acceptable behavior, performance expectations, and disciplinary procedures ensures that employees understand the standards they are expected to meet. - Consistent Application: All policies and disciplinary actions must be applied consistently and fairly to all employees to prevent claims of discrimination or unfair treatment. - Progressive Discipline: Implement a progressive discipline policy where employees receive warnings and opportunities to improve before termination is considered. - Transparent Communication: Communicate the reasons for disciplinary actions to the employee, providing specific examples of misconduct or performance issues. - Documentation: Document all steps taken during the disciplinary process, including warnings given, the employee’s response, and any attempts at remediation. - Contextual Application: How the specific circumstances of each case influence the application of Article 80. - Judicial Reasoning: The reasoning behind judicial decisions, which can offer guidance on how similar situations might be viewed by the courts. - Best Practices: Lessons learned from these cases can inform best practices for employers in managing employee terminations.

FAQs on Article 80

This article on 'Types of Legal Research: All you should know' was written by Rosy Adhikary, an intern at Legal Upanishad.

Introduction

Regardless of their areas of practice, individual attorneys (advocates) and law firms need to conduct legal research. It aids in the crucial case search in the event of a question or uncertainty pertaining to any case. Finding the preeminent case governing the key issues in question is the most fundamental and first step in conducting legal research in the legal sector. In this article, an attempt has been made to study the concept, objectives, and various types of legal research that a law student needs to apply during his/her law school.

Research

Research is described as an “artistic and systematic effort that aims to expand the knowledge base.” This comprises obtaining, organising, and analysing facts to describe a topic, and it stands out by putting a strong emphasis on minimising prejudice and error sources. The French verb “recerchier,” which meant “to search again,” may have been the source of the term “research.” It implies that a new search is required because the previous one was not complete and thorough.

Legal Research

Legal research is more than just studying the law on a scientific level. Instead, one of the goals of legal study is to uncover philosophical or political justifications for the law. Finding support for a particular legal issue or judgment is the goal of legal study. Legal research is done by individuals with a need for legal advice including law professionals, law librarians, and paralegals providers of legal information ranging from textbooks to free online websites. Advocates must do legal research, for instance, if they require court rulings (also known as case law) to support a legal contention they are making in a motion or brief submitted to the court.

Nature and scope of legal research

- Legal research is not fundamentally distinct from other studies. Its topics of investigation are inextricably linked to either pure law or law in connection to society. - Legal research broadly refers to each stage of a method of action that starts with an analysis of the facts of a situation and ends with the implementation and disclosure of the investigation’s findings. - Legal information and understanding can conduct legal research. - Legal research advances numerous legal areas. Legal research is not fundamentally unique from other types of study. Its research questions are inextricably linked to either pure law or law in connection to societal structure.

The objective of legal research

- To check and validate old facts. - To evaluate the data within fresh theoretical frameworks. - To evaluate the effects of recent facts. - To create novel legal theories. - Using historical context to assess the law. - To apply a strict interpretation of the Act.

Sources

Primary and Secondary Sources The real law can be found in primary sources. Primary sources include things like constitutions, court rulings, cases, statutes, treaties, and administrative rules. Materials that remark, clarify, and reflect on these original sources are referred to as secondary sources. They typically consist of treaties, legal periodicals, essays, annotations, law dictionaries, commentaries, publications for continuing legal education, and opinions from the Attorney General, the Secretary of the Ministry of Law, Justice, and Parliamentary Affairs, among other organisations.

Types of Legal Research

Types of legal research

- Applied research- In applied research, specific issues are solved using established ideas and principles. Case studies, experimental research, and cross-disciplinary research are primarily applied research. For basic research, applied research is useful. Applied research also refers to a study whose results are immediately useful. This kind of study is helpful for ongoing work. The technique called “applied legal research” is utilised to identify a workable answer to a current practical issue. It is a simple, effective strategy for the matter you are handling. It entails conducting thorough research on a particular area of law, learning about the relevant technical legal laws and principles, and then forming an opinion on the client’s chances in the situation. - Quantitative Research- It employs data or mathematics, is numeric, non-descriptive, and uses numbers: - The process of evaluating the evidence is constant. - Diagrams and tables are frequently used to show the results. - It is definitive. - It looks into the who, what, and when of making decisions. - Qualitative research- It employs logic and is descriptive, non-numerical, and verbal. Its objective is to capture the sentiment, mood, and situation. Graphing qualitative data is not possible. It’s an investigation. It looks into the causes and mechanisms of decision-making. - Mixed research- Research that combines qualitative and quantitative techniques or that exhibits certain paradigm traits The variables, words, and images that make up data are mixed together. - Exploratory Research- A literature search or focus group interviews may be part of exploratory research. This kind of investigation into novel occurrences could be beneficial. In order to gain deeper knowledge, the researcher may determine whether a more thorough examination is feasible or pick the ideal methods for a subsequent investigation. For these reasons, exploratory research often has a broad focus and rarely provides definitive answers to specific study topics. Exploratory research aims to pinpoint important problems and important variables. - Descriptive research – Descriptive Legal research is described as a research method describing the traits of the population or topic being studied. The purpose of descriptive research is to examine “what” and how many instances of this “what” there are. As a result, it aims to respond to inquiries like, “What is this?” - Longitudinal Research- Collecting data over a lengthy period of time is necessary for longitudinal research. Studies conducted over a long period of time can be: - Examination of trends focuses on demographic characteristics over time, such as the annual rate of organisational absenteeism - Studying a cohort -Evaluates trends in a subpopulation, such as absenteeism in the sales department. - A panel study -This shows the progression of a single sample over time, such as graduate career paths from 1990 to the present. While longitudinal investigations are frequently more time- and money-consuming than cross-sectional studies, they are more likely to pinpoint causal connections between different factors. - Cross-sectional Research - Studies that only collect data once over the course of a few days, weeks, or months are referred to as one-shot or cross-sectional studies. A lot of cross-sectional studies aim to describe or conduct exploration. They are forced to focus on the present situation alone, without taking into account past events or current tendencies. - Action research- Facts to enhance the effectiveness of action in the social sphere. - Policy-Oriented Research - The question “How can problem ‘X’ be solved or prevented?” is the main subject of reports based on this kind of study. - Classification research - It seeks to classify units into categories. - To show differences - To clarify relationships - Comparative analysis - To recognise parallels and discrepancies among units at all levels. This entails a comparison of legal theories, laws, and international laws. It emphasises the cultural and social nature of law and how it functions in various contexts. Therefore, it is helpful in creating, revising, and changing the law. Because it might not behave the same way in a different setting, it is prudent to use caution when taking the law of one social setting as a base. - Causal analysis - It attempts to build a causal chain between several variables. - Research that tests theories - Its goal is to evaluate a unit’s reliability. Research builds theories, to develop and formulate the theory.

Conclusion

It is impossible for the legal profession to advance without study and discoveries. This is primarily due to the dynamic nature of the legislation. Whether they are lawyers, academics, practitioners who are interested in the law, or law students, legal research is an essential aspect of the lives of all legal professionals. Examining the body of laws and social norms is necessary because society and laws are changing daily.

References

This article on 'How to write a publishable quality article: A Guide for Law students' was written by Samar Jain, an intern at Legal Upanishad.

Introduction

Writing a legal article that has great quality is a skill that cannot be achieved in a small time but that skill can be developed over the years with time. When an article is published in a known blog or a website, it has certain benefits like the recognition of your knowledge and skill. It also results in the increase of your value as a brand and visibility. It also helps people when they read those articles when they need information. In particular, it helps the researchers, advocates, reporters, litigants, etc., to gain a deep understanding of that topic. The exercise of writing a legal article is worth every time spent by a lawyer as the knowledge is sharpened, reputation strong, and skills for argumentation ready.

Article of Publishable Quality

A legal article that can be published refers to a writing portion that is centred around an idea although based on something old or already available in the domain but has something new and interesting. If the idea is something old and not new and interesting, the article does not have the quality to become a published one. It is to be noted that the article is also not of publishable quality if the idea is new and not related to the previous/old research and also if the ideas are numerous and not revolving around a single novel idea. It is to be understood that here the word new is not used in the same sense as the original. As compared to the original, the quite literal meaning of the word new is not primary or the work which has not previously existed. However, it does refer to something which has been known or seen, or used. An original idea to get the legal article published is to bring attention to something. A little bit of information that is new can also be used as a variation. Thus to get one’s article worthy of becoming publishable, the focus must remain on the freshness of the material rather than originality. To understand what type of element of newness makes a legal article of publishable quality these are the following three types of commonly used methodology: - First Type: Approaching New Information is a Traditional Manner. It is usually considered to be the best move by article writers who are not professionals when a new fact/thing/ evidence is provided with the assistance of an already accepted idea. In this type of article, rather than the creation of a new approach, the focus is on the support of an already existing approach through the medium of presentation of a new fact/thing/evidence. This new fact/thing/evidence can be obtained in any manner like archival research, results from laboratory experiments, archival research, or also government data. However, just having a new fact/thing/evidence won’t serve the function of getting one’s article published. To get the element of publishing, there must be a link and connection between the new and old. The new fact/thing/evidence is not to always be in line with the old theory, it can be disapproved or refined also but if the old theory is to be disapproved, it must be backed by a strong set of information. - Second Type: Approaching The Old Information in a New Manner. Usually, professional article writers take this approach in which the old evidence is approached in a new manner. This type of approach is usually preferred by those writers who have a sturdy grip on the already existing methodologies and theories which is something an amateur is trying to get its grip on. In this methodology, the author when presenting the already available data is working on a new way to present the same perhaps a new theory/ design/ method. It is to be kept in mind that just like the previous type of writing a legal article of publishable quality, this approach to having a new approach will not help. Just claiming that a manner of presenting information has more power than the old one and is helpful but what is needed is that the new manner of presentation of information must be in sync with the old information. - Third Type: Combining Old Information and Traditional Approach in a New Manner. In this type of article writing, which is mainly used by amateurs authors, the old information and traditional approach in a new manner. It neither provides new evidence nor a new approach, it finds the middle way and establishes a connection between the approach and information. This approach is more common with those authors who have strength in several of the disciplines as for these authors finding the linkage is not tough and have the understanding for them.

How to write a Legal Article

How to write legal articles of publishable quality?

The best strategy which is to be used is to research something and write it down immediately and not just aimlessly research. If did the research for let's says 15 minutes, at least spend 20 minutes writing down that research. This is the beginner's step for carrying out research. This is the following process to be used to carry out research: - Decide the research question and the need to recognize what falls under the category of that question. - Identification of headings and subheadings- The suitable Headings and subheadings need to be identified which can only be done when one has some information. If the subheadings are identified and answered, then the headings can easily be answered. - Making a Rough/Skelton Structure- Once the headings and sub-headings have been identified, they need to be put in order and form a proper sequence and structure and form a skeleton.  - Filling information in the structure/skeleton- After the structure has been identified and set, information needs to be filed in the headings and subheadings. The answer must be specific to the question. - Revision and Editing- The last step which everyone misses when they are writing articles is the failure to recognize language mistakes.

Some other points to keep in mind while writing a legal article:

- Length- One is to remember that the length of any article must be between 1500-2000 words. If this range is exceeded, the article becomes lengthy and the reader loses interest in the same. The target of communication of information to the people is lost. - Language- The language used must be a simple one with minimal use of complex words and sentences and the use of technical words/jargon should be avoided. However if technical does need to be used, the meaning of the same must be provided. - No Lengthy Introductions and Conclusions - The Introduction of the article must be crisp and brief. It should highlight the topic and make the reader aware of what he is to expect if he proceeds to continue reading the article. Similarly, the conclusions must be kept brief and only summarize what the article was all about. Typically, the introduction and conclusion must be within the range of 100-150 words. Bullet Points and Numbered Lists must also be used as helps in the easy structuring of the article and the easy division of information. - Worthy Title- The title used in the article must be in synchronisation with the rest of the article. When one reads the article, the reader must become immediately aware of what the reader is to expect. A little faint idea must be conveyed from the title. - Use of Primary and Secondary Sources- Depending upon the information conveyed in the article, primary sources like Literature Reviews, Reports, Speeches, and Photographs, and Secondary Sources like Scholarly Articles. Analysis and Interpretations must be used. It lends an element of credibility to the article. - References and Citation Style- Any use of references must be given preferably in a hyperlink style to help in easy linkage with the already published information. Also, the citation style used must be preferably the one that is used globally by academicians and professors.

Conclusion

The most common myth and advice about writing a legal article of publishable quality is the need for good ideas and topics. However apart from the good ideas and topics, what is also needed is how should the topic be presented and in what style and manner.

List of References:

This article on 'How to write a publishable quality article: A Guide for Law students' was written by Samar Jain, an intern at Legal Upanishad.

Introduction

Writing a legal article that has great quality is a skill that cannot be achieved in a small time but that skill can be developed over the years with time. When an article is published in a known blog or a website, it has certain benefits like the recognition of your knowledge and skill. It also results in the increase of your value as a brand and visibility. It also helps people when they read those articles when they need information. In particular, it helps the researchers, advocates, reporters, litigants, etc., to gain a deep understanding of that topic. The exercise of writing a legal article is worth every time spent by a lawyer as the knowledge is sharpened, reputation strong, and skills for argumentation ready.

Article of Publishable Quality

A legal article that can be published refers to a writing portion that is centred around an idea although based on something old or already available in the domain but has something new and interesting. If the idea is something old and not new and interesting, the article does not have the quality to become a published one. It is to be noted that the article is also not of publishable quality if the idea is new and not related to the previous/old research and also if the ideas are numerous and not revolving around a single novel idea. It is to be understood that here the word new is not used in the same sense as the original. As compared to the original, the quite literal meaning of the word new is not primary or the work which has not previously existed. However, it does refer to something which has been known or seen, or used. An original idea to get the legal article published is to bring attention to something. A little bit of information that is new can also be used as a variation. Thus to get one’s article worthy of becoming publishable, the focus must remain on the freshness of the material rather than originality. To understand what type of element of newness makes a legal article of publishable quality these are the following three types of commonly used methodology: - First Type: Approaching New Information is a Traditional Manner. It is usually considered to be the best move by article writers who are not professionals when a new fact/thing/ evidence is provided with the assistance of an already accepted idea. In this type of article, rather than the creation of a new approach, the focus is on the support of an already existing approach through the medium of presentation of a new fact/thing/evidence. This new fact/thing/evidence can be obtained in any manner like archival research, results from laboratory experiments, archival research, or also government data. However, just having a new fact/thing/evidence won’t serve the function of getting one’s article published. To get the element of publishing, there must be a link and connection between the new and old. The new fact/thing/evidence is not to always be in line with the old theory, it can be disapproved or refined also but if the old theory is to be disapproved, it must be backed by a strong set of information. - Second Type: Approaching The Old Information in a New Manner. Usually, professional article writers take this approach in which the old evidence is approached in a new manner. This type of approach is usually preferred by those writers who have a sturdy grip on the already existing methodologies and theories which is something an amateur is trying to get its grip on. In this methodology, the author when presenting the already available data is working on a new way to present the same perhaps a new theory/ design/ method. It is to be kept in mind that just like the previous type of writing a legal article of publishable quality, this approach to having a new approach will not help. Just claiming that a manner of presenting information has more power than the old one and is helpful but what is needed is that the new manner of presentation of information must be in sync with the old information. - Third Type: Combining Old Information and Traditional Approach in a New Manner. In this type of article writing, which is mainly used by amateurs authors, the old information and traditional approach in a new manner. It neither provides new evidence nor a new approach, it finds the middle way and establishes a connection between the approach and information. This approach is more common with those authors who have strength in several of the disciplines as for these authors finding the linkage is not tough and have the understanding for them.

How to write a Legal Article

How to write legal articles of publishable quality?

The best strategy which is to be used is to research something and write it down immediately and not just aimlessly research. If did the research for let's says 15 minutes, at least spend 20 minutes writing down that research. This is the beginner's step for carrying out research. This is the following process to be used to carry out research: - Decide the research question and the need to recognize what falls under the category of that question. - Identification of headings and subheadings- The suitable Headings and subheadings need to be identified which can only be done when one has some information. If the subheadings are identified and answered, then the headings can easily be answered. - Making a Rough/Skelton Structure- Once the headings and sub-headings have been identified, they need to be put in order and form a proper sequence and structure and form a skeleton.  - Filling information in the structure/skeleton- After the structure has been identified and set, information needs to be filed in the headings and subheadings. The answer must be specific to the question. - Revision and Editing- The last step which everyone misses when they are writing articles is the failure to recognize language mistakes.

Some other points to keep in mind while writing a legal article:

- Length- One is to remember that the length of any article must be between 1500-2000 words. If this range is exceeded, the article becomes lengthy and the reader loses interest in the same. The target of communication of information to the people is lost. - Language- The language used must be a simple one with minimal use of complex words and sentences and the use of technical words/jargon should be avoided. However if technical does need to be used, the meaning of the same must be provided. - No Lengthy Introductions and Conclusions - The Introduction of the article must be crisp and brief. It should highlight the topic and make the reader aware of what he is to expect if he proceeds to continue reading the article. Similarly, the conclusions must be kept brief and only summarize what the article was all about. Typically, the introduction and conclusion must be within the range of 100-150 words. Bullet Points and Numbered Lists must also be used as helps in the easy structuring of the article and the easy division of information. - Worthy Title- The title used in the article must be in synchronisation with the rest of the article. When one reads the article, the reader must become immediately aware of what the reader is to expect. A little faint idea must be conveyed from the title. - Use of Primary and Secondary Sources- Depending upon the information conveyed in the article, primary sources like Literature Reviews, Reports, Speeches, and Photographs, and Secondary Sources like Scholarly Articles. Analysis and Interpretations must be used. It lends an element of credibility to the article. - References and Citation Style- Any use of references must be given preferably in a hyperlink style to help in easy linkage with the already published information. Also, the citation style used must be preferably the one that is used globally by academicians and professors.

Conclusion

The most common myth and advice about writing a legal article of publishable quality is the need for good ideas and topics. However apart from the good ideas and topics, what is also needed is how should the topic be presented and in what style and manner.

List of References:

This article on 'Prior Protection of Designs under Design Act, 2000' was written by Tanaya Khilari, an intern at Legal Upanishad.

Introduction:

The article highlights the meaning of designs and their protection under the Design Act 2000. It gives information about the various regulatory framework surrounding the use of designs, the term of protection provided to designs, and the various types of design. The Design Act 2000 has been developed and introduced in the Companies Act to ensure efficient regulation and protection of designs. Designs have been in existence for quite a long time. They help to make the product more creative for the company and help promote it to a wider audience. These designs can be copied and need to be protected to ensure authenticity and originality in them.

What are Designs?

A design can be defined as an idea for the development of a product. Design is the process of developing a design. The person producing design is defined as a designer. It is a construction of a symbol or object which represents a product. Designs are relatively more concerned with the formation of a strategy to popularize a product than the aesthetic itself. There are primarily 4 aspects of design: Conceptual elements, Visual elements, Relational elements, and Practical elements. These elements are primarily used in the development of designs. In the field of business, designs can be classified into business, enterprise, products, and execution design. Designs help in the marketing of the product and also in communicating the product to a larger audience.

Design Act, 2000:

Designs were earlier governed under the Designs Act, 1911. Due to the various technological improvements and various introductions of international laws the development or introduction of a new design act was felt. Hence came into existence the Design Act 2000. The Designs Act is more commonly known as intellectual property law. It is primarily governed by the Companies Act, of 2013 and falls into the category of various intellectual laws such as copyright, patent, trademark laws, etc. Design highlights the features of shape, configuration, or composition of various elements. They are applicable in various dimensional figures using manual or mechanical processes. The Design Act 2000 requires the designs to be registered to be valid.

Registration of Designs under Design Act, 2000:

The designs are protected under the Design Act 2000. This act requires the designs to be registered to be valid in the eyes of law. Hence under section 5 of the Design Act 2000, any person who claims to have designed are formed the design needs to apply for registration. The act has specified various important requirements for registration. These include that the design must be new or original. It should not be disclosed anywhere in the country or worldwide. It should be separable from the other designs registered and must have no similarity to them. The design must not be inappropriate and not contain any discreditable features. This design can be registered by giving an application in Form-1. This must contain the details of the proprietor and the design. In this way, the designs are registered after proper scrutiny and henceforth protected under the act.

Protection of Designs under Design Act, 2000:

The design which is registered under the Design Act 2000 is given protection under the act. The duration of such designs is specified in the act. This protection is provided under the act for an initial term of 10 years. This highlights that the design is registered for 10 years. Upon completion of 10 years, this registration needs to be renewed. The registration is renewed for 5 years further. Hence the total term of protection of a design can be attributed to an initial term of 10 years and an extendible term of 5 years. This protection of design can be opposed or canceled by the patent officer under section 19. The reasons for which it can be opposed are that the design was previously published elsewhere, the design is similar to some other design, or it is not new or original. The registration protecting the design has many benefits. Companies attribute design to a product to make it public and make it known to the people. They associate a specific design with it and promote it. The customers who purchase the product usually getting attracted to the design. They associate the design to the product or the company and promote it among their peers through it.

Prior Protection of Designs under Design Act 2000

Infringment of Designs and its Remedies:

Many times design is infringed due to illegal activities surrounding it. This can be like an imitation of a registered design without authorization. The proprietor in this case can file a suit against the infringer. He can initiate a cease or desist order against the infringer. The infringer in this case has to pay nominal damages to the owner in proportion to the loss that occurred. The person is liable to pay a sum of Rs. 25000 or up to Rs. 50000. This amount can be utilized to recover the infringement. Civil remedies are provided to the proprietor in case of infringement. He can claim damages and file a suit for an injunction. He is also eligible for a claim over the design by showcasing important and appropriate documents. He can also stop the buying of products and confiscate the same. Criminal remedies are also provided to the owner or claimant of the design. This remedy is provided by the Copyright Act section 63. This requires the person to serve an imprisonment of up to 6 months extended up to 3 years. Also a fine of Rs. 50000 to Rs. 200000 is imposed upon the person. In more grievous cases the imprisonment is 1 year to 3 years and a fine of 1 lakh rupees to 2 lakh rupees.

Conclusion and Suggestions

As highlighted in the article designs are symbols or structures used to develop a product or brand image. The owner needs to register them and thereafter they are protected. The designs prove to be useful in manifold ways. They have been representing various categories of products and also help to identify the product easily. These designs need to be protected. The primary reason is that the customer attaches to the product, company, and its value through the design. They identify and further promote the product if they come across the design on some hoardings or places. Many customers also get attracted to the creative designs and show a willingness to purchase the same. Hence these designs can be considered the brand image or identity of the company. The law to protect these design is in place. However, still, there are situations where these designs are infringed or as you can say copied. More stringent amendments need to be made in the act and more protection needs to be given to the design. Strict penalties must be introduced as sums such as 1 lakh or 2 lakh are mere amounts to many people out there. Hefty punishments and long imprisonments might help to create a state of fear in the minds of people before they infringe the same.

References

This article on 'Right to be forgotten in India: All you need to know' was written by an intern at Legal Upanishad.

Introduction

The legal right to request that personal details or information about an individual be withdrawn from Search queries and other databases is recognized as the Right to be forgotten. As it sounds, this concept of unique law has been found in many legal spaces around the world, like the European Union, the Philippines, and many more. Therefore, the right to be forgotten allows a person to remove their data from Google searches so that their past transgressions or bad records do not affect their current and future life. The Indian Supreme Court has established some significant legal precedents about the country's right to be forgotten. This article will assist you in gaining knowledge regarding the Right to be forgotten, along with how it relates to the Right to privacy and the current scenario in India.

What is right to be forgotten?

The right to be forgotten enables an individual to request the removal of their data of any kind, like films, photos, etc., from specific Internet records so that search engines cannot access them. The notion behind "the Right to be Forgotten" is that people should be able to delete unfavorable references from searches on Google and other search engines so that their past transgressions or poor decisions do not appear eternally. The individual's Right to privacy, which is a fundamental right covers the legality of the Right to be forgotten.

Is the Right to be forgotten related to the Right to Privacy?

According to the judgment of, K S Puttaswamy v Union of India, 2017, the Right to be forgotten is an integral part of the Right to Privacy. In the milestone case featuring Justice K S Puttaswamy (Retd) v Union of India, in which the Supreme Court officially recognized the right to be forgotten as an integral component of the Right to privacy (which is part of the right to protection of life and personal liberty, under Article 21 of Indian constitution). In this case, Justice K S Puttaswamy, the retired judge of Madras High Court, questioned the validity and reliability of the scheme of the Aadhar card. In this regard, the Supreme Court upheld the creditability of the Aadhar scheme. Supreme Court stated that suitable precautions should be taken to preserve the data along with annulling several provisions of the Aadhar Act. The Supreme Court also ruled that the Aadhar program and another sort of identification evidence differed fundamentally from one another. Because the Aadhar Card cannot be reproduced in any way, the Unique Identification System was created to empower the disadvantaged groups in society by providing them with a unique identity. In the whole judgment, it was concluded that the Right to be forgotten is derived, from the right to privacy provided by Article 21 of the Constitution of India.

Global Scenario of the Regulation:

The right to be forgotten received a lot of attention when in 2016, the European Union has legally adopted the General Data Protection Regulation. On May 25, 2018, the European Union started implementing the General Data Protection Regulation. According to the General Data Protection Regulation, individuals have the right to request that the organizers delete or otherwise eliminate their data.

Other legal precedents involving the right to be forgotten in India:

In a case, Jorawar Singh Mundy v Union of India (2021), the petitioner, who was an American citizen knocked on the door of the Delhi High Court with a writ petition, requesting to delete the man's judgment in the narcotics case from all the respondent sites because it harmed his employment opportunities. The Delhi High Court directed Google and Indian Kanoon to remove the verdicts from their portals as the right to be forgotten falls under the ambit of the right to privacy. In Subranshu Raot v. the State of Odisha, the High Court explored the Right to be forgotten as a remedial factor for the victims of sexually explicit recordings or images frequently broadcast on social media for intimidating victims. In X v. YouTube, the High Court of Delhi supported an actor's right to privacy under Article 21 of the Indian Constitution and ordered websites and online service providers to remove the actor's explicit recordings that had been uploaded without her permission to many video-sharing services.

Right to be forgotten in India: All You Need to Know (2022)

Status of Right to be forgotten in India:

Currently, India does not have any specified law in its legal book that provides any particular rules and regulations for the right to be forgotten. The Personal Data Protection Bill was however introduced to the Lok Sabha by Ravi Shankar Prasad, the Minister of Electronics and Information Technology, on 2019. The Bill aims to architect a Data Protection Authority to ensure the protection of individuals' data of any kind. But recently, on August 3, 2022, the Personal Data Protection Bill, 2019, was withdrawn by the Ministry of Electronics and IT (MEITY). Following that, MPs were handed over the notes, explaining the grounds for the withdrawal of the Personal Data Protection Bill, 2019 "Considering the report of the JPC (Joint Parliamentary Committee), a comprehensive legislative framework is being worked upon." Therefore, it is suggested that The Personal Data Protection Bill, 2019, be withdrawn and replaced with a new Bill that adheres to the comprehensive legal framework.

Complications with the right to be forgotten:

- The press and media will suffer trouble imparting information and ideas to the public. The press and media sector would be in turmoil since they would have to wait for the adjudicating officer's decisions. - It might result in the widespread deletion of online content, which would be detrimental to the right to free speech and other human rights. - Individuals might abuse this right by manipulating the internet content in a way that removes relevant links or otherwise artificially alters it.

Conclusion:

Currently, no law in India supports the legality of the right to be forgotten. As public domains provide easy access to read or observe an individual's records and will evaluate that person based on his past actions if such actions are posted online. This might negatively impact the person's current life and create trouble and emotional anguish. But also, enforcement of the right to be forgotten would bring a lot of complications, as internet content might get manipulated by individuals. Hence, a comprehensive legal framework is required for the enforcement of this right. The Personal Data Protection Bill, 2019, was withdrawn by the government for the claimed reason that it will replace it with a "complete legal framework" for data privacy and Internet governance.

References

This article on ''Laws for Digital Payment in India'' was published by Legal Upanishad.

Introduction

On 11th April in the year 2016, under the regime of Dr. Raghuram Rajan the then RBI governor, an alternative payment method was launched in India. This started India’s rise in the field of digitization of the financial sector of India. Since then it's only gotten better. In the financial year, 2021-22 a total of 8193 crores of digital transactions have taken place until 20th March 2022. By the year 2026, the value of the digital payment will grow three-fold and reach the mark of one trillion. This shows the progress and development the Indian Economy has been making. But what were the laws, rules, or policies which were formulated by the authorities that made the transition to digital payments easier? The below article explains the laws concerning digital payment in India.

Definition

Any transaction which occurs using any digital device without any physical exchange of money and can occur either remotely or in person using electronic means is called digital payment.  The transaction that occurs through an electronic medium is not limited to inline banking, it also includes the ones done through UPIs.

Digital Payment in India-

Inception and Evolution The journey of digital payment in India started in 1996 when ICICI Bank first introduced online banking services in the country, which was then followed by other privatized banks and the trend is now more ingrained and growing. Continuing with the spirit of growth that led to the launch of the Digital India Programme in 2015 which has the following aim- - The very first aim of the program is to build a digital infrastructure as a key infrastructure that is accessible to every citizen. - Ensuring digital literacy and the availability of resources across the country to empower the citizen. - To have governance and services on demand to make financial transactions electronically and paperless. The Indian payment system is now also gearing up to introduce a ‘Faceless, Cashless and Paperless’ economy. Types of popular methods for digital payment- There are various kinds of methods through which digital payment is possible. They are banking cards, internet banking, USSD, UPI, BHIM app, and many more. A few have been elaborated below- - Banking Cards- Debit and Credit cards were launched first by the ICICI bank. Back then it had a restricted audience. One of the very first ways to replace cash was these banking cards. - USSD- Unstructured supplementary service data is a method in which the payment processing occurs by sending a message to the service provider to complete the transaction. This kind of system was used in areas that lack proper banking and internet facilities. An example is the service provider Bharati Airtel in which on dialing *120# you are connected to USSD service which then opens a new menu with options such as account details and others. - UPI- Unified Payment Interface is one of the most popular digital payment methods which rose well since and during the demonetization in 2016. This is the fast method to complete a transaction as it only requires you to scan and pay which is completed in a few seconds. The year 2020 also has been the year various such platforms like PayTM, GPay, etc have been soaring high with new users joining. - Internet Banking-  any financial transaction occurring through the use of the internet is called internet banking. In this kind, the user has an account with the bank that issues registered credentials upon entering which funds transfers can be done without going to the bank. It’s a convenient way to make payments through a secure portal. Internet banking allows various kinds of funds such as NEFT, RTGS, and IMPS which are reliable secure payment methods to transfer money.

Laws that are applicable for Digital Payment in India-

There are two pieces of legislation that primarily govern the laws regarding digital payment in India. They are – Payment and Settlement System Act 2007 is one of the legislation which is regulated digital payment along with the Payment and Settlement System Regulations,2008. Following are a few features of the act- - The PSS act 2007 – is a principal law that governs the payment settlement and system in India which was designed by the RBI. The aim is to regulate and systematically organize the payment and settlement system in India. - Section 4 of the PSS act states, that RBI is the only authority that can commence the payment system in India. - The PSS acts state that all the payment entities or authorities desirous of setting up a payment system are required to apply for the same to the RBI. The participants are required to make an application for approval. - The PSS Regulations which aims are the constitution of the Board for Regulation and Supervision of Payment and Settlement Systems Regulations. Laws for Digital Payment in India

The Role of RBI in regulating Laws for Digital Payment in India

The mission statement of RBI for payment and settlement system states that the endeavor would be “to ensure that all payment and settlement systems operating in the country are safe, secure, sound, efficient, accessible and authorised”. The reserve bank of India plays a very crucial role in the regulation of digital payment methods. It sets the rules which are to be complied with to introduce the payment method.  A Board for Payment and Settlement System is created by the RBI which supervises the payment and settlement system. A few functions of the committee are – - Policy formation relating to the regulation and supervision of all payments and settlements systems - Oversight of the standards of the existing and upcoming payment systems. - The PSS act also empowers the RBI to approve and reject the authorization granted payment system.

Suggestion

The evolving nature of the payment system especially after the demonetization and the pandemic has called for the remodeling of the existing payment and settlement laws. A few steps would help in better enactment of the law- - A new law subject to payment service should be enacted which should be able to regulate different payment activities. - Or a completely new act should be formed in place of the existing PSS Act 2007 which would be based on the structure which has evolved and continues to keep in mind a balanced approach to the safety of the consumers as adaptability to the existing and evolving  new payment and settlement methods

Conclusion

The inadvertent shift in the method of payment system with the advancement of technology has made India one of the fastest adopters of digital payment technology. While the pandemic has little contribution to accelerating this process but cannot be said to be the sole reason for this change. This change comes with its own set of positives and drawbacks as the regulations regarding the payment system have still a long road ahead with due modification to the policy-making and development these deficiencies can be easily taken care of. With the decline in the cash transaction and both public and private businesses adopting digital payment systems, it would be fair to say that India is very close from being a Traditionally cash-driven economy to a paperless cashless economy.

References

This article on 'Right to Privacy: Scope of Article 21 (with Landmark Cases)' was written by an intern at Legal Upanishad.

Introduction

In the contemporary world, the privacy of an individual has become crucial. Privacy is concerned with the body and individual freedom, integrity, speech, data, consent, movement, and thoughts. There are several cases of breach of privacy where an individual’s personal information is collected and misused. Breach of privacy includes instances like phone tapping, privacy breaches in the health sector and by state, the breach in case of sexual identity, disclosure of personal data, etc. Various conventions have recognized the importance of the privacy and dignity of a human being. This article will focus on what is right to privacy, the scope of Article 21 under the Indian Constitution, and some important issues. The Universal Declaration of Human Rights sets forth the fundamental human rights that need to be protected. Article 3 of the declaration lays down that “every individual has the right to life, liberty, and security” and Article 12 states that “no one shall be subjected to arbitrary interference with his/her privacy, family, home or correspondence, nor to attack upon his honor and reputation. Everyone has the right to the protection of the law under such interference or attacks.” However, this universal declaration is not binding to the member countries as it is not a treaty, moreover, it has led to the rise of some other international agreements which are legally binding on the countries that ratify them.

Right to Privacy (Article 21)

Under Article 21 of the Indian Constitution, except according to a procedure established by law, no person shall be deprived of his life or personal liberty. Article 21 is divided into two parts, the right to life and the right to personal liberty. - Right to Life The right to life is the most precious fundamental right under the Indian constitution. It includes all the aspects of life without which a person cannot live a valuable life and the right to privacy is one of them. - Right to Personal Liberty This right, subject to reasonable restrictions, is meaningful for the development and growth of an individual’s personality. Supreme Court is the guardian of fundamental rights and the court must protect them. The fundamental right under Article 32, the right to constitutional remedy, plays a major role in safeguarding the life and liberty of a person. This Article provides different writs that can be used as a tool in violating fundamental rights.

Landmark Cases on Right to Privacy

Kharak Singh v. State of Uttar Pradesh ( 1 SCR 332, AIR 1963 SC 1295) The question of privacy arose in the case of Kharak Singh v. State of Uttar Pradesh where it was claimed that the right of the police to make domiciliary visits to habitual criminals or persons who are likely to become one infringes the right to life of a human. The apex court held that the interference by the police violates the personal liberty and right to life of a person under Article 21. However, the majority upheld that the right to privacy is not a fundamental right under the Indian constitution and therefore, there is no violation. Justice K.S. Puttuswamy v. Union of India (Writ Petition (Civil) No. 494 of 2012, (2017) 10 SCC 1) In 2017, in the case of Puttuswamy v. Union of India, a constitution bench (9 judge bench) of the Supreme Court declared that the right to privacy is a fundamental right under the Indian Constitution. This case involved the issue of the government’s Aadhaar scheme which made it mandatory for individuals to link their biometric ID with various government schemes. The apex court affirmed that there is no need to separately insert the right to privacy under part III and it is a part of Articles 14, 19, and 21 of the constitution. The court recognized it as a natural and inalienable right and will be legally protected if violated. However, it was also stated that like all other fundamental rights, the right to privacy will be subjected to reasonable restrictions, which means that it will not be absolute.

WhatsApp Privacy Policy

In 2021, there was a rise in the privacy issue regarding WhatsApp’s new privacy policy. WhatsApp updated its privacy policy and the users were asked to either accept it by 8th February or leave the platform if they don’t accept it. This means that users won’t be able to use WhatsApp if they don’t agree to it. According to this policy, WhatsApp will share user data with Facebook. The government of India ordered WhatsApp to withdraw its new privacy policy, stating that this update compromises and harms the privacy and data security of the Indian citizens and also terribly interferes with their rights. Measures were taken by the Ministry of Electronics and IT to question WhatsApp about its new privacy policy. The Ministry warned WhatsApp and sent a set of 14 questions on ways in which it collects data, the consent it obtains from domestic users, and whether they were different from other countries users. Along with this, the ministry also asked the company whether it conducted any profiling and what was its nature. WhatsApp came up with its response and clarified that the app is end-to-end encrypted, it cannot access the chats and location of an individual and it doesn’t share any private data with Facebook. The new update will only affect the business conversations. These businesses can set up an online Facebook store and communicate with their customers through WhatsApp, such as by answering questions and sending information. Further, the shopping activities of the users will be shared with Facebook to personalize their ads and recommendations on Facebook and Instagram.

Right to Privacy: Scope of Article 21 (WhatsApp Policy) It is intriguing to know that the accept-the-terms-or-leave-the-platform condition doesn’t apply to its European users and therefore, this let down the rights and interests of the Indian users. However, it is important to recognize that Europe has strong data laws, and the citizens are protected by the same. Europe’s General Data Protection Regulation (GDPR) gives users the power to control their personal information shared on online platforms. The users can access and erase their information, along with this they can also withdraw their consent from WhatsApp for the processing of their data. In India, no law regulates the use of personal data of the users. The IT Act of 2000 does deal with data protection, but the provisions do not effectively regulate privacy. The Information Technology Rules, 2011 are restricted to sensitive data like medical history, sexual history, biometric information, etc. The Personal Data Protection Bill was introduced in the parliament to protect the personal data of individuals; however, it has not been passed yet. This supports that there is no control over the processing of personal data by tech companies. This bill also contains provisions for non-personal data, therefore, the joint committee of parliament recommended replacing its name with the Data Protection Bill, 2021, and, the Data Protection Act once passed. The bill is based on the Justice BN Srikrishna Committee’s report. Some major recommendations made by the committee are as follows: - If any personal data is misused or disclosed, then the law will have control over its processing. - Penalties in case of violation of the data protection law. - Setting up a Data Protection Authority. - Provisions for the withdrawal of consent. - Provisions for cross-border personal data transfer. - The law will not have a retrospective effect.

Conclusion

The new privacy policy of WhatsApp is a wake-up call for the Indian government to pass the Data Protection Bill urgently to protect the privacy of its citizens. It was easy for the European users to protect their privacy as their data protection law is sufficient and strong. Privacy is an important matter to be concerned about. The right to privacy is a fundamental right guaranteed by the Indian constitution and it is necessary to protect its dignity by passing suitable laws. Every human's right is to have privacy for any type of activity (assuming it shall be legal) he/she performs. In this digital era, an individual's privacy is exposed to social media, spy cameras, hackers, etc., and therefore it has become precious and sensitive data that should not be left unregulated. Hence, a state needs to seriously understand this issue and make laws accordingly subject to reasonable restrictions.

References