Analysis of Marketing Strategies of Luxury Brand

By: Bushra Sarwar

What is a luxury brand?

The brand is the identity of a product which get associated with the customer. Branding is like the positioning of the product in the mind of the consumer. As per marketing management professor, Kotler, brands are designed by companies in such a way so that consumer can relate it or get associated with it.

As per the Economic theory, luxury brands are those brands whose demands increase with the rise in income of the consumer. Luxury brands are in contrast to the necessity of goods. So, the need of luxury brand is proportionally related to payment of the consumer. They are mostly status symbol products and catered to classy people. Luxury brands are targeted to high-class income group people.

Sometimes, luxury brands are equal to superior products. The essence of luxury goods is that they have high demand elasticity of sales, which suggests that they can profusely partake in the buying of luxury goods as individuals become bounteous & wealthier. However, this also means that if there is a reduction in consumer income, then demand will also decrease.

First and foremost, a brand-driven industry is the luxury industry. People purchase luxury products and services because they trust the brand and love it. Premium products and services are guided by their brand perception and success rather than any other group.

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How companies build luxury brands:

How do businesses build profitable brands? How do they make those products resonate through time and space with customers? What are the main success factors that cause the global brand environment to be dominated by some brands? These questions come into the mind of the CEO of the company and brand manager all around the world.  Develop a brand is not a one day or one-time affair. It is a long-term process to develop the image of a product in the mind of consumers. The company needs specific marketing and branding plan to increase brand outreach.

Source: Author’s Creation

Figure 1 Process of building Luxury Brands

Figure 1 presents the process of creating luxury brands. Identification of niche segment is the most critical steps in the process of building brands. For different products, the company should adopt different differentiation strategies. Develop the symbol for creating value in the brands. The brand creates exclusivity feature to make a difference among other brands. These all part together position the image of the brand in the mind of the customer. The above component will help brand managers to create luxury brands.

List of top 10 popular luxury brands


What are marketing strategies?

The long-term preparation of corporate targets that the organisation aims to accomplish is a Marketing Strategy/Technique. It is necessary to choose specific measures to consolidate the credibility of goods and services or increase market sales to achieve these objectives. To identify the target market and to be able to keep customers loyal to the organisation to improve the positioning of the company, it is necessary to use opportunities.

To achieve positioning among customers and satisfy consumer and organisational relationship loyalty, it is essential to identify how do you want to place or position the product/service in the market. It is the method of creating sales opportunities, also of communicating and setting the product or service, and of translating the organisational lines that allow the correct channels to reach a target market.

Why does Company need marketing strategies?

Figure 3 Why company needs marketing strategies?

Source: Author’ created

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Marketing strategies adopted by luxury brands:

As per 2014 Mckinsey report, digital platform influences the 45% sale of luxury products. Luxury brands prefer to do advertising through print and electronic media. Nowadays, shoppers spent most of its time on online shopping, so luxury brands are coming on a digital platform to promote their products. Taylor (2020) suggested digital marketing strategies for luxury brands:

Analysis of marketing strategies

Michael porter defined four kind of generic strategies to create competitive advantage.

  • Cost leadership
  • Cost focus
  • Differentiation Leadership
  • Differentiation Focus

The Cost Leadership Approach focuses on minimising the cost of providing a customer’s goods or services, to become cost-efficient and add value to your shareholder’s wealth.

Under differentiation strategy, instead of focusing on the most part, brands differentiated their products from competitors. Under which business houses differentiate their products in terms of design, comfort, quality, and value-added features. As per Oh and Kim (2011), most brands prefer to use differentiation marketing strategy to create a difference in the market. Oh, et al., (2011) conducted this study in Asian countries (Japan, China and South Korea) and chose Louise Vuitton brand to study marketing strategies. The author found three critical factors which create Louise Vuitton as a brand: innovation, differentiation and customer-centric advertising.

Cost focus strategy focuses on cost leadership to focus on a niche market. Cost leadership strategy does not work on luxury products. Any strategy based on low costing would not work in fashion brands. Differentiation focus is the part of the differentiation strategy, which is used by the luxury brands.

PEST and SWOT Analysis:

  • PEST stands for political, economical, social and technological factor analysis.
  • SWOT stands for strength, weakness, opportunity and threat analysis.

SWOT & PEST tests are two approaches through which businesses plan ahead by carrying out research. Such variables are primary determinants of strategic planning. Businesses may fail to achieve desired objectives without SWOT and PEST analysis.

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Marketing strategies of famous brands:

Apple’s Brand:

Apple follows a straightforward brand strategy.  As their tagline says: Think different, Apple think differently at every stage of the product (product preparation to launching). Apple does not merely sell a phone or tablet; they simply sell a lifestyle to its luxury customers. Apple’s brand marketing makes people realize that they need an apple product to enrich their life with quality products and profitable experience.

Nike’s Brand:

Nike creates a strategy by knitting the story of a brand. Nike takes this opportunity to make a possible story around its every product to start the ideas, which fascinate the customers.

Adding a storytelling element to your brand or presenting the meaning of your business storey to your customers adds a human element to your organisation and can be a perfect marketing strategy for you.

McDonald Brand:

McDonald is not a new name in the market; it is recognized worldwide. Marketing strategy of McDonald is to maintain consistency.

How did McDonald’s build a name so distinguishable? Well, for over 60 years, they have kept their brand name and product consistent while making thoughtful and on-brand enhancements. Their logo has remained nearly identical, and their marketing taglines have relentlessly endorsed the same message: we make you happy.


This write-up talks about the analysis of the marketing strategies of luxury brands. The article starts with the introduction of luxury brands and how companies are creating luxury brands by adopting differentiation strategies and top 10 brands based on brand value globally. It also provides an understanding of marketing strategies and why luxury brands needed marketing strategies and what marketing strategies followed by brands.

This article also analysed the Michael porter competitive advantage strategies and found the luxurious brands follow differentiation strategy. PEST and SWOT analysis are the two essential techniques followed by companies to achieve desired objectives. Finally write up concluded by comparing the marketing strategies followed by famous brands: Apple, Nike and McDonalds.


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Top 50 luxury brands 2020. Retrieved by

How to build luxury brands.

Oh, S., & Kim, J. (2011). Analysis of the Marketing Strategy of a Luxury Brand and its Success in Selected Asian Countries. International Journal of Interdisciplinary Social Sciences, 6(1).

Taylor, M. (2020). 10 Marketing Strategies For Luxury Brands That Deliver Results. Retrieved from



Supply Chain Management in Pharmaceutical Industry

By: Bushra Sarwar


What is Supply Chain Management?

Supply chain management (SCM) is the successful management of supply chain operations to gain competitive advantages and customer satisfaction. It reflects a concerted attempt by supply chain organisations to build and manage supply chains in the most reliable and possible profitable ways (Kapoor, Vyas & Dadarwal, 2018). Or

SCM is the handling of a good or service’s entire manufacturing flow, starting from the raw components all the way to providing the finished product to the customer.  A business establishes a network of suppliers that transfer the commodity from raw material suppliers to those organizations that directly communicate with customers.

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Core Concept of Supply Chain Management:

  1. Involvement of multiple organizations to transfer the product from origination point to end customer.
  2. Most organizations are restricted to their own activities which are happening inside the organization related to SCM, while few businesses understood the managed activities of supply chain for delivering the product to end user.

Flow in Supply Chain Management:

  • Physical Flow
  • Information flow

Physical flow is the most seeable part of SCM, which involve movement and transfer of goods from one place to another place.

Information flow involves the coordination of daily information about transfer of goods among various members of supply chain.

Working of Supply Chain Management:

Figure 1 Working of Supply Chain Management

Source: IBM

Five C’s of Supply Chain Management:

Figure 2 Five C’s of Supply Chain Management

Modern features of SCM are connectivity with the social media and modern disruptive technologies like IOT (Internet of things), AI (Artificial Intelligence), ML (Machine Learning) etc. collaboration among the supplier by using cloud computing to enable collaboration with many enterprises. Cyber-aware is the most important part to protect the supply chain from cyber attack and malicious malware. Controlling of supply chain through AI enabled platform to make it more automated. Usage of analytics for scale up the information in real time, which is comprehensive and fast. Predictive analytics help to predict future demand based on historical data.

Overview of Pharmaceutical Industry:
India’s presence in worldwide pharmaceuticals is prolific and rapidly expanding. It is the world’s largest supplier of generic drugs, having a 20 percent share of global supply by volume, and also supplies 62 percent of global vaccine demand. India secures 3rd position in production of medicines and14th place in terms of value. India is the only country outside of the USA with the highest number of US-FDA compliant pharmaceutical plants (more than 262, including Active Pharmaceutical Ingredients). More than 2000 WHO-GMP (World Health Organization-Good Manufacturing Practice) sanctioned pharma plant and 300 EDQM (European Directorate of Quality Medicines) plants in India.

60,000 generic brands are produced in India across 60 categories. India is home to more than 3000 companies with a fast and secure network of 10,500 manufacturing facilities (Invest India). Export in Pharmaceutical industry is growing with a growth of 10.72% every year. Cost of production is 33% lower in India in comparison to US market, which attracts most of the companies to open their pharma plants in India.

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Top 10 Pharmaceutical companies in India and worldwide:

Indian Companies Revenue (Billion US $) Global Companies Revenue (Billion US $)
Sun Pharmaceuticals $4.2bn Johnson & Johnson $56.1bn
Dr Reddys $2.4bn Pfizer $51.75bn
Divi’s Laboratories Ltd $2.3bn Roche $49.23bn
Cipla $2.5bn Novartis $47.45bn
Aurobindo Pharma $1.9bn Merck & Co. $46.84bn
Torrent Pharmaceuticals Ltd $1.5bn GlaxoSmithKline $44.27bn
 Lupin $1.2bn Sanofi $40.46bn
Zydus Cadilla $1.0bn AbbVie $33.26bn
Abbott India $1.7bn Takeda $30.52bn
Alkem Laboratories $1.8bn Shanghai Pharmaceuticals Holding $26.69bn


Supply Chain Management in Pharmaceutical Industry:

Pharmaceutical companies do not have flexible, cost-efficient and robust supply chain (Pwc report-Pharma 2020). Figure 1 presents the supply chain of pharmaceutical industry. It covers the innovation and development of new product, manufacturing, packaging, distribution to wholesaler, retailer, and pharmacy and directly to patient. Presently pharmaceutical companies are not working on JIT (Just in time) basis, or producing on demand basis, rather they produce the things, store it in the warehouse and decrease the cost efficiency of companies.

Figure 3 Supply Chain of Pharma Company

Source: Pwc

The pharmaceutical supply chain involves a wide variety of stakeholders; including suppliers, wholesale distributors, and pharmacy benefit managers. The stakes are high for pharmaceutical firms in such a dynamic phase. Drugs that are improperly marketed damage both the credibility and customer loyalty of the organization, as well as future benefit. An inefficient supply chain can disturb the health of patient and create disruptive effect on public health.

Challenges in SCM of pharmaceutical industry:

Major challenges in pharma industry is to maintain the quality of drugs, delivery on time, network of supplier, mode of transportation etc. Few drugs need optimum temperature during transportation from one place to another which became a challenge if temperature is not maintained (Shah, 2004). Recently in news temperature of -80degree Celsius is required during transportation to maintain the quality. So, here emerging technologies like block chain can help to monitor the temperature of vaccine.

Best practices in Pharmaceutical Industry:

In recent years, the pharmaceutical industry has become highly competitive. The rise of counterfeit medications, stringent quality regulations and serialized mandates has been seen. This made it important for the pharmaceutical industry’s supply chain to be strong and traceable. Hill (2019) discussed five best practices to be applied in pharmaceutical supply chains.

Associate and Consort with digital business network

The cornerstone of a multi-enterprise supply chain is a digital business network. This electronically links all of the supply chain partners across the cloud. It makes it possible for them to work together in sync when pharmaceutical supply chain partners are related. This offers end-to-end visibility and an incentive for multiple business interactions to collaborate.

Evaluate manufacturing Practices

Analyze in depth the manufacturing process. Focus on the collection of good quality practices required so that all goods are consistent across all batches. Implement sound measuring practices to guarantee that a drug’s recipe is not contaminated.

Corroborate traceability

In order for pharma companies to have visibility into the development of their partners, end-to-end traceability is important. This will assist them to manage the consistency of the commodity across the multi-enterprise, multi-tier supply chain. Companies can use block chain technology, Internet of things to ensure the traceability in the supply process of medicines.

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Respond to change in Demand

In order to identify and respond to changes in supply and demand, pharmaceutical supply chain management must be robust. You will analyse knowledge in real time through the implementation of state-of-the-art planning applications. Share it with your supply chain partners immediately if you notice an unexpected shift in demand or a supply interruption.

Transparency in Inventory

It is also essential to assign transportation, warehousing and other value-added services to various channels. Get full visibility of inventory downstream and enforce good shipping practices. This will ensure that the destination is reached by your pharmaceutical goods without losing the quality. Transparency will increase the confidence among the partners and stakeholders of supply chain.


This write-up describes about the supply chain management in pharmaceutical industry. It includes basic concept of supply chain management, flows (information and physical) of supply chain management, working of supply chain management and five C’s of SCM. This study also describes the overview of pharmaceutical industry, top 10 companies worldwide and in India. Role of supply chain management in pharmaceutical industry is also discussed. Effective supply chain management can create the efficient supply of drugs to end users. Major challenges in the SCM are to maintain the quality of drugs, on time delivery etc, which can be resolved by using emerging technologies like block chain, IoT and AI. Finally write-up concludes with the best practices followed in the pharmaceutical industry.


Kapoor, D., Vyas, R. B., & Dadarwal, D. An Overview on Pharmaceutical Supply Chain: A Next Step towards Good Manufacturing Practice. Drug Des Int Prop Int J 1 (2)-2018. DDIPIJ. MS. ID, 107.

Mehralian, G., Zarenezhad, F., & Ghatari, A. R. (2015). Developing a model for an agile supply chain in pharmaceutical industry. International Journal of Pharmaceutical and Healthcare Marketing.

Shah, N. (2004). Pharmaceutical supply chains: key issues and strategies for optimisation. Computers & chemical engineering, 28(6-7), 929-941.

Pwc Report (2020):Pharma 2020-Supplying the future. Retrieved from

Hill, K(2019). Five best practices of Pharmaceutical Supply Chain Management. Retrieved from


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Social Media Marketing and Consumer Psychology

By: Bushra Sarwar

What is social media?

Usage of internet, social media, smart phone apps and other technology for digital communication has become part of the everyday lives of billions of people. Nowadays, social media is prevalently used by everyone. Social media is a digital platform like Facebook, Instagram, Twitter, Linkedin, etc., which is used by the public to share their ideas, photographs, and information in the virtual world. Other activities like blogging, social gaming, business network, advertisement, platform to promote new talent, movie review etc. even politician used social media to create awareness and reach the voters (Stephen, 2016).  Even in such pandemics, social media helped a lot to spread awareness about the harmful effects of covid. As per the news article of Krishnan (2019), average time spent on social media by Indian is more than 2 hours. An average US adult spent 38 minutes/day on Facebook, while 16-24 years age group youth spent 3hours/day on social media (Metev, 2020). Metev (2020) expected more than 3 billion people are expected to join the social media network.

Social networking began as a way for friends and family to communicate. Still, it was later embraced by companies who wanted to take advantage of a typical new medium of communication to reach consumers. The strength of social media is the opportunity to communicate and exchange data with everyone on this world or several individuals at the same time. Social networking has been primarily adopted as an efficient tool that supports companies’ marketing objectives and strategies, especially in aspects related to customer interaction, management of customer relationships and communications.

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Types of Social Media Network:

Foreman, C. (2017) defined various types of social media network and its usage. Social networking can strategically strengthen two-way contact between businesses and consumers and link more customers to organisations as a result. Figure 1 presents the summary of Foreman defined social media network. Ten types of social media network are explained, and every platform has a different usage for its users. Along with social media, network examples are also given.

Social networks are communication and interaction channels that lead to growing trust among societies. Any website or online forum that allows users to express their views, thoughts, information, and promotes engagement and community building can be categorised as a social network. (Ziyadin et al., 2019).

What is Social Media Marketing (SMM)?

SMM is the use of social media platforms (Facebook, Twitter, Snapchat, Instagram, Youtube, Pinterest etc.) to create your brand, to reach in the audience, to boost traffic on your website, and to reach masses at once. SMM includes sharing great content on your social media pages, listening to your followers and engaging them, reviewing your metrics, and running social media ads.

Do you ever realize, if you visit any add, shopping sites like Amazon, Flipkart, Myntra, AJIO etc., on social media, you start getting recommendations to buy or see on the same kind of advertisement on your social media platform? It is surprising why it happens? It happens due to data analytics tools. Whenever you start visiting a website, company start storing your data and using predictive analytics, start identifying your choices of things and start sending mail related to your wish list.

Fundamentals of Social Media Marketing:

Figure 3 presents the fundamentals and core pillars of social media marketing. Whenever you are in think of to publish something on social media, start looking on the five fundamental principles of SMM. Social media platform generated a lot of content writer jobs to youth. Firstly identify your strategy, define your goals and objectives, identify social media platform and decide the type of content which you want to share with the world.

Start planning and publishing the excellent content on the desired platform, engage your audience by social media tools. By using analytics, identify the preferences of the masses and start catering the same advertisement.

What is consumer psychology?

Consumer psychology is the branch of social psychology to understand the behavior of consumer. Consumer psychology is the process used by consumer to select, decide, and in purchasing of products. Consumer psychology is very important to the business world, once they understand the behavior of consumer, it would be easy for them to serve the products of their choice and desire. As per the Kotler (Marketing Management Book Author), marketing is the pull process, not push process and in this way it differs form selling. When companies start innovating the products, and selling the products as per the consumer’s choice, companies start gaining the market share and stay ahead from their competitors.

Influence of social media on consumer psychology:

As per Fitzgerald (2019), social media has become an essential tool to influence the buying behaviour of consumers. Now a day’s business world is using social media network to reach a large number of population. Studies believed that three kinds of factors affect consumer psychology: social, personal, and psychological. Individual elements are people’s interest and opinion; psychological factors are a person’s beliefs and attitude, whereas social factors are peer’s group, social group, and social media group.

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Fitzgerald presented few facts which show that social media influence consumer psychology:

  • 71% population buy the things based on social media referrals (hubspot report)
  • For purchasing 31% user browse social media. (marketing]
  • Social media influence purchase of 47% millennial. (Deloitte)
  • To increase brand familiarity 80% population uses social media. (maybe Tech)
  • Shopping brands which have social media presence, their sales are 32% more. (Big Commerce).
  • Mostly brands (90%) use social media for creating brand awareness. (Hootsuite)

The above facts shows that social media has strong presence and influence our decisions. Now this article is discussing the stages of consumer buying process-

Figure 4 Buying Behavior Process

Figure 4 presents the stages of consumer buying behavior process. Social media has strong presence in all the stages, which influence need identification process of customers, during exploring the products, social media sites provides lot of options to explore number of brands products which influence the decision making process of consumers. Social media influence purchase of consumer through various factors. Factors are given below:

  1. Create product awareness
  2. Originate social proof to influence other customers
  3. Discount offer, promotion on social media
  4. Brands endorsed by celebrity and advertise on social media
  5. Celebrity and well known person reviews
  6. Trend set by the influencers

The above factors show the influence of social media in the buying behaviour of consumers because these factors affect consumer psychology. Social media platforms create awareness about the products. Social proofs are significant in an online platform to make a purchase. Whenever we buy any products from social media, we always look for reviews, from the other customers who already purchased the same products and are using it. This creates a picture of satisfaction o sense of belongingness in our mind and forces us to buy the same products which have excellent reviews on social media platforms.

Sometimes, discounts, sales, offers influence or pull the consumer to make a purchase. For example Flipkart, amazon, myntra, big bazaar generate offers on the occasion of Diwali, Dussehra, or any Festivals. Similarly, big bazaar has Wednesday offers. These all offer influence consumer psychology. Similarly, celebrity advertisement and celebrity endorsement also influence our psychology.

Why consumer psychology is important?

Seventy-six per cent of customers expect businesses or brand houses to consider their needs and desires (Salesforce survey). This suggests that if a business brand doesn’t know what a customer wants until they can tell you, they’re likely to take their company elsewhere. Influential companies develop their marketing campaigns based on insights into customer behaviour. Based on their thoughts alone, they do not produce goods and marketing plans; they bring external input into the fold to figure out what consumers want and how they want it then engage with them accordingly. This is the essence of having a meaningful customer experience. For creating a loyal customer base, customer experience is significant.


This article/write-up throws the light on social media and consumer psychology. The article starts with the introduction of social media, social media networks, and social media marketing. Ten types of social media network discussed in this articles which have a strong presence in the minds of consumers. Strategy, planning and publishing, engaging the customers, analyse and predict consumer behaviour is the fundamental of social media marketing. The article also discussed consumer psychology and how social media platform affects consumer psychology and influence consumer behaviour. Articles also discussed why consumer psychology is essential for the business to increase their outreach and presence in the global world. In all sense, it shows that social media has a strong presence which influences our psychology and buying decision process.

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Foreman, C. (2017).

Fitzgerald, R. (2019).

Krishnan, V. (2019).

Metev, D.(2020).

Stephen, A. T. (2016). The role of digital and social media marketing in consumer behavior. Current Opinion in Psychology, 10, 17-21.

Ziyadin, S., Doszhan, R., Borodin, A., Omarova, A., & Ilyas, A. (2019). The role of social media marketing in consumer behaviour. In E3S Web of Conferences (Vol. 135, p. 04022). EDP Sciences.


Analysis of Corporate Laws in USA, UK and UAE

By: Tanvi Rai


“A modern economy is marked by the feasibility of endogenous change: Modernization brings myriad arrangements from expanded property rights to company law and financial institutions.”

– Edmund Phelps

Corporate law, which is also commonly known as enterprise, business, commercial or company law is a sphere of law which deals with managing and governing rights, duties, relationships and conduct of various companies, organisations, businesses and even persons. It is directly related to the life cycle of a company/corporation/business hence it involves the company’s formation, funding, governance, death and many more related aspects.

An additional aspect of Corporate Governance is represented by capital markets, culture of the business, share ownership, and many more aspects, legal rules, characteristics, problems differ from one jurisdiction to another, yet are present in across the world. Corporate law essentially regulates and controls relations amongst companies, its investors, shareholders, board of directors, employees, creditors, other stakeholders like the government, consumers, the society at large and environment along with their interaction with one another. Commercial law is umbrella term which includes company and business laws and all activities related to them. This also includes financial and corporate governance laws.

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Brief Historical Background of Company Law

The modern company law began in the year 1844 in England, United Kingdoms, with passing of the Joint Stock Companies Act. For the very first time a corporation/company could have been incorporated by registration. Before this act, a company could only be incorporated by obtaining either by sanction of a special Act of the Parliament of England or by obtaining a Royal Charter. There was also an important creation made in the process, which was re creation of office of the Registrar of the Joint Stock Companies. In the year 1855, the English Parliament passed another act namely the limited Liability Act which provided for the limited liability to the members of a registered company. Further, in 1856, a new and comprehensive act came into force which superseded the 1854 act and marked the starting of new company law in England creating articles and memorandum of association.

In North America, this charter and new law had two purposes, one was the colonizing rub-off, and another was a trading purpose. The Hudson’s Bay company was almost completely dedicated to only trading activities but most companies like Plymouth, London Company, Massachusetts Bay Company were wholly engaged in settlement of colonists. In other parts, the chartered English Companies continued to be formed for the expansion of new trade.

Analysis of Corporate Laws in USA, UK and UAE

Corporate Law in United States of America

The United States of America is the world’s largest economy having corporate laws at federal, state and local levels and has been flooded with business prospects. This corporate law at the federal level creates minimum requirements for business in company shares and governance rights. Being capitalistic democracy, the country and its corporate laws allow the companies to get incorporated in the state of their choice and convenience, regardless of the place of their headquarters. This and other standards have been enlisted in the Securities Act of 1933 and the Securities and exchange Act of 1934. Over the last century, Delaware General Corporation Law is the most preferred State Law for incorporation of major Corporations and companies. This is specifically for the of lower corporate taxes, lesser shareholder rights against the board of directors of the company and that Delaware has a specialised court and legal profession. Nevada has replication the same. Out of the fifty states, twenty-four of them abide by the Model Business Corporation Act, whereas the states of New York and California are essential due to their massive size.

Incorporation, Charter Competition and Corporate Personality

The articles of incorporation are the foundation of the Company, they not just laid about the basics but also determine the state of incorporation of the company and accordingly levels of corporate taxes, various qualities of shareholder and stakeholder rights, the duties of directors and other things are determined. A business which has been rightly and legally incorporated acquires the status of a separate legal entity which is different from that of its investors. The company can both sue and be sued in its own name.

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Corporate Governance

In principle, a corporation’s constitution can be designed in any way so long as it complies with the compulsory rules set down by the state or federal legislature. Most state laws, and the federal government, give a broad freedom to corporations to design the relative rights of directors, shareholders, employees and other stakeholders in the articles of incorporation and the by-laws.

Duties of the Director

Decisions of a company are majorly entrusted on the directors; these can retrain as well as empower the directors in whose favour they exercise their discretion. The directors should promote shareholder value, which exercising their own business judgement to balance all the claims against various stakeholders, employees, and shareholders. Another duty of the directors are their fiduciary duties which expects them to avoid any conflict of interest between their own pursuit of profit and the interests of the corporation. Another requirement in most of the states is a basic duty of care in performance, this standard is determined from the fact that any prudent man could follow in any contract of services. But the state of Delaware has discarded these duties and allows liability waivers. Duty of care, which is primarily rested upon the shoulders of the board of directors includes standard of diligence and to act with reason and care.

Derivative Suits

The Board of Director owe their duties and responsibilities to the company as whole and not to each and every shareholder and stakeholders individually therefore the right to sue for breach of duty by the Board of directors as a whole or a single director rests by default with the company itself. Hence, this creates a problem where action is brought against a single director when the company has been taken over and the board is non- friendly or has been replaced after the company suffering bankruptcy. There are a few solutions to the aforementioned problem, first being that jurisdictions outside of US allow specific share to shareholders to claim is right. Second is by giving standing to sue to non-shareholder groups and last and the main alternative is with an independent shareholder to derive a claim on company’s behalf to sue for breach of duty. This is decided by the courts on the merits of the case.

Corporate Law in United Kingdom

The Department of Business, Enterprise and Regulatory Reform which is BERR and was formerly the Department of Trade and Industry the DTI is responsible for corporate law and Governance Directorate. UK’s interest in the development of EU company law is represented by this directorate. Matters relating to various aspects of corporate governance are dealt with in codes of best practice.

Formation of the Company

An assortment of organizations might be consolidated under the Companies Act 2006. Individuals keen on beginning the undertaking – the forthcoming chiefs, representatives and investors – may pick, initially, a limitless or a restricted organization. “Limitless” will mean the incorporators will be obligated for all misfortunes and obligations under the overall standards of private law. The choice of a restricted organization prompts a subsequent option.

Rules of Attribution

While a limited organization is considered to be a legitimate individual separate from its investors and representatives, truly, an organization can just act through its workers, from the directorate down. So there should be standards to credit rights and obligations to an organization from its actors. This typically matters in light of the fact that an oppressed outsider will need to sue whoever has cash to pay for penetrate of a commitment, and organizations as opposed to their representatives frequently have more cash.

Directors’ Duties

Directors designated to the board structure the focal expert in UK organizations. In doing their capacities, directors (regardless of whether officially designated, accepted, or “shadow directors”) owe a progression of obligations to the company. There are by and by seven key obligations systematized under the Companies Act 2006 segments 171 to 177, which mirror the precedent-based law and fair standards. These may not be restricted, deferred or contracted out of, however organizations may purchase protection to take care of directors for costs in case of breach. The solutions for penetrates of obligation were not arranged, yet keep precedent-based law and value, and incorporate remuneration for misfortunes, compensation of ill-conceived gains and explicit execution or directives.

Corporate Governance

It communicated that different rules, recommendations and rules structure the rule of corporate organization inside the UK, for instance, exclusively based law rules, for instance, trustee commitments of bosses, secured reports of an association including notice and articles of alliance, form expressly Organizations Act 1985, the presenting rules applying on all associations recorded on the Point Rules or Authority Rundown, the Consolidated Code on

Corporate Administration; be that as it may, the Code’s courses of action are not central, yet it is compulsory for the recorded associations to give their yearly report a declaration showing consistence with the Code and give reasons if not concurring. Keasey, Thompson and Wright (2005) found that the Code is joined by the Smith Direction insinuating audit sheets and evaluators; the Turnbull Direction related to

Code’s internal control need and the Higgs Audit and proposed proposition of good practices. Moreover, non-authentic standards appropriated by bodies addressing institutional monetary trained professionals, for instance, ABI PIRC (the Benefits and Venture Exploration Experts and NAPF are fundamental. All the recorded associations will without a doubt adhere to these standards. Moreover, in case of public associations’ takeovers, Mergers and the rules of the Takeover close by the City Code on Takeovers are important. Additionally, Code of Market Direct of Budgetary Administrations Authority is huge as it relates to the information introduction, which is significantly sensitive and mystery and if it isn’t followed, it might incite make a sham market.

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Corporate Law in United Arab Emirates (UAE)

The corporate law of UAE regulates all the aspects of a company and its management right from governance to finance of the company. Each emirate has its own corporate code.

Types of Business License

There are primarily four types of business licenses provided in UAE, which are professional, commercial, industrial and tourism. Services offered by the various professionals like doctors and others, artisans and craftsmen get a professional license. Trading and commercial activities come under the ambit of commercial licenses, given that these activities are undertaking with the intensions of making profits. Industrial and manufacturing activities are carried out under the industrial license. Lastly, all activities related to tourism like hospitality and travel are covered under tourism license.

Jurisdiction of the company

There are only three jurisdictions that are followed in UAE for formation of a company, there are Mainland, Free Zone and Offshore and all company are divided into these three jurisdictions. These jurisdictions are separate licensing authorities, the mainland is licensed by Department of Economic Development of the respective emirates, which the Free Zone will be licensed by the relevant free zone authority and so will the offshore authority. In the cases of commercial as well as industrial licenses, UAE National holds/owns 51% shares and 49% is held by the expat partner. While in professional license, 100% shares are owned by expat partner but UAE national is appointed as a Local Service Agent.

Limited Liability Company (LLC)

It is the most common form of registered organisation and is recommended where the purpose of the entity is to make sales within the region. An entity with a 100% foreign ownership is not allowed in UAE.  Under the Commercial Companies Law (CCL) of the UAE the foreign investors are allowed to own 49% of equity shares in national companies and 51% at all times by one or more UAE nationals.

LLC under article 218 of CCL can be formed by minimum of 1 and maximum of 50 shareholders who are limited to the liability of their share capital in the company. In the latest amendments to article 217 of CCL minimum share capital requirement is removed allowing founders of a limited liability company the freedom to determine the company’s share capital. MoA or management contract appoints managers and a LLC must appoint one manager and maximum of five managers for business for a fixed or unlimited term. They have fill managerial and administration power, but the LLC is not allowed to practice its activities without Trade License and Commercial Registration Certificate.

Branch/Representative Office

A branch or representative office has the identical legal personality as its parent company as well as operates business under the name of its parent company. The branch or representative office carries out similar activities to that of the parent company. However they are not permitted to carry on business of importing products of the parent company, as this function can only be carried on by local trade agents. In a few instances the representative office of a foreign company are required to obtain an additional license from UAE ministry of Economy. A UAE national must be appointed as a ‘service agent’ for the branch or representative office.

Civil Company

This is a company for the professional like doctors, lawyers, engineers and accountants in UAE. Except the engineering civil company all others are a 100% owned by professional partners. However, a UAE National Local Services Agent is a mandatory. A foreign company can be a partner in a civil company, as long as the foreign company is in the same field as the civil company.

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Comparative Analysis and Conclusion

There is a vast and major difference among laws in US, UK and UAE. The first and the foremost difference is that of Language. While in USA and UK the entire corporate law is in English (which may differ from each other, American English in the states and British English in UK), the law and agreements are primarily in Arabic, and if written in English, have to be deciphered in Arabic. Arabic is preferred over English in UAE.

In the USA, undertakings are at various levels, i.e., government law, state law, and the close by law/local laws. Of course, in the UAE, an individual body picks the rules, and all the organizations require to expect quick to remember. In the USA, cover rules are given to be clung to and further the state applies the relatable standards close by the associations which breaker rules into their by-laws. With the ultimate objective of expense assortment, each level powers its own evaluation which the organization needs to pay. State laws are particular in every one of the 50 states. This grows the multifaceted idea of the pattern of business. The association is restricted by first the public authority rules, by then the state rules, ultimately the local standards. UAE has a uniform system. The organization close by explicit associations picks the rules for all the associations and there is no centre level. Both for the territory associations the ones in smoothed out business zones, there is only one level at which the rules are set down similarly as the obligation procedure is taken.

In UAE, the business and the piece of the business are treated as free substances and the pay made from the branch is considered as the pay of the branch itself, however, in the USA, the branch is treated as a bit of the business and not a unit of the business. Hereafter, the evaluation to be charged on that particular branch is charged on that of the whole business.

The fundamental principles of the UAE give confined commitment to the financial specialists of the association as the business and the speculators are seen as free substances. USA gives a decision to the owners of the association to either get troubled freely on the business and the speculator’s compensation comparably as UAE or the other option is get the business pay in like manner troubled as the owner’s own personal compensation. Regardless, for the resulting decision, certain conditions are to meet.

Definitively, the relationship of corporate organization practices and laws of the UK and the U.S. are similar or there is an indistinguishable standard. Regardless, for associations and their in-house managing, the changing embodiment of the definitive scene of the two countries propels various troubles. Believe it or not, after the deplorable budgetary crisis of 2008 and 2009, the laws demand totally recorded associations to hold quick to code of ethics and related laws and rules. Considering, it has been dependable with the Sarbanes-Oxley Act and 2004 Act; nevertheless, for non-U.S. firms, SEC has been extraordinarily obliging giving them an open entryway through avoidances to develop their associations as they may go up against conflicting challenges considering neighbourhood laws. In the U.S., SOX expect a critical part for effective corporate organization while in the UK, Demonstration 2004, Smith Direction and various laws coordinate to clear money related itemizing.

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Media Trials

By: Tripti Pandey


The media is considered one of the four pillars of democracy. And it plays an important role in shaping the opinion of society and has two ability to change the whole attitude through which people make their perceptions on various events.

It is able to change the mass mentality, through its approach. However, with the increase in the role of its Democratic Frontier, its professionalism needs attention and the report cannot be adequately emphasized. This is why we need to understand what media trial are.

The media trial describes the impact of the television and newspaper coverage on a person’s reputation by creation a broad perception of crime despite any decision in a court of law.

When a particular incident is evolved without any constitution, it is also disengaged in the air without any solid evidence and it is done in public form many times, it is called media trial.

Like nowadays we are sitting at home telling who the murderer of Sushant Singh Rajput is.

Media trial is very dangerous, but it can be understood by them only on whom media trial is held. The Supreme Court of India has on several occasion reprimanded the personal news donor or media outlets for running the sensationalism and not the news.

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Trial by the media is a phrase in the late 20th and early 21st centuries that describes the impact of television and newspaper on a person’s reputation by creating a broader perception of crime or innocence before or after a decision in a court of law.

Media Trial, although recently it was interpreted in the case of ROSCOE “FATTY” ARBUCKLE[1], who was acquitted by the court, but lost all his job after being declared guilty by the media.

Another well-known case was the O.J. SIMPSON[2], when the media has promoted the case and deeply influenced the minds of viewers even above the status of court. It is clear that media deeply encourages or influences public opinion.

Another famous case in the US was the trial of RODNEY KING’S[3] incident and the police officers involved later. Once again acquittal is challenged by the media with violent consequences. This makes the case particularly historically significant is the fact that it was amateur video footage that provided major evidence of alleged crime. As video cameras and their digital successors and CCTVs spread widely, caught on this type of camera.

It is often that coverage by the media can be said to reflect the views of a person who walks down the street. Hence, the media acts as a bridge between different individuals and audience. However, with media law coming under scrutiny even more, it has been recognized that media should publish facts about anyone through proofreading, citing credible sources. However, media has been used for both bad and good.

There is no legal system where the media is given power to try a case. In the case of media trials and journalism, in some cases the journalist breaks his reputation and portrays a pre-determined image of an accused that may eventually affect the trial and decision, so by the media trials.

In SUSHANT SINGH RAJPUT[4] case, Bombay High Court did not mince the words pointing to the fact that journalist have lost their neutrality today and the media has become polarized.

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If there is a democracy, then the constitution recognizes that who is the legislature, who is the executive, and who is a judiciary, it is the pillar of democracy but apart from them there is another body which is not a constitutional body. If seen in India, media does not have a constitutional body. But it is considered as a pillar. If seen in constitution of India, Article 19 (1) (a), freedom of press has been recognized as a fundamental right because of its role as it is called fourth pillar of democracy.

The impact of media trial is that the media acts as a watchdog and brings us a platform where people are in a society of things can know about, it is important to know that this has led to favoritism against only one community or one person all over the world. Media trials have misrepresented the alleged accused and acted as a help to destroy their careers only by the fact that he was accused, even though he has not yet been convicted by a court of law.



  1. Media Trial vs. Freedom Of Speech and Expression
  2. Media Trial vs. Fair Trial

Freedom of Speech and Expression is something that works as a pillar inside democracy. Like there are many pillars inside democracy in which a pillar is also Freedom of Speech and Expression under which Freedom of Press also comes.

Freedom of Speech and Expression means keep your ideas, keep your points. In society, it can be in the form of a book. You can do it by writing, through sign, through the pictures, through audio or video, or through internet. There are many ways through which we can keep our points like movies or by news. Freedom of Speech and Expression has many important motives inside democracy. One motive is that a man feels only fulfillment, that is, we are living inside as an India that is we are living in our own thing looks good yes there is not so much pressure on us. We can speak our point. So a human feels a self-fulfillment. They feel that they can speak their own thing. They can keep their own point. How many people are listening and how many people are not listening but we can speak our words, we are not being pressed. Freedom of Speech and Expression plays an important role in the formation of public opinion on social, economic and political. Similarly, a person in power should be able to inform people about his policies and projects. Therefore, it can be said that freedom of speech and expression is the mother of all other liberties. Freedom of Speech and expression means the right to express one’s own convictions and opinions freely by words of mouth, writing, printing, pictures or any other mode. In modern time it is widely accepted that the right to freedom of speech is the essence of free society and it must be safeguarded at all time. The first principle of a free society is an untrammeled flow of words in an open forum. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays significant role in the development of that particular society and ultimately for that state. It is one of the most important fundamental liberties guaranteed against state suppression or regulation. The fundamental right to freedom of speech and expression is regarded as one of the most basic elements of a healthy democracy for it allows its citizens to participate fully and effectively in the social and political process of the country.

Article 19(1) (a) of the Constitution of India guarantees to all its citizens the right to freedom of speech and expression. The law states that, “all citizens shall have the right to freedom of speech and expression”. And under Article 19(2) “reasonable restrictions can be imposed on the exercise of this right for certain purposes.

Any limitation on the exercise of the right under Article 19(1) (a) not falling within the four corners of Article 19(2) cannot be valid. The freedom of speech under Article 19(1)(a) includes the right to express one’s views and opinions at any issue through any medium, e.g. by words of mouth, writing, printing, picture, film, movie etc.  It thus, includes the freedom of communication and the right to propagate or publish opinion. But this right is subject to reasonable restrictions being imposed under Article 19(2).


Venkataramiah, J. of the Supreme Court of India in case

Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India[5]

Has stated: “Freedom of press is the heart of social and political intercourse. The press has now assumed the role of the public educator making formal and non-formal education possible in a large scale particularly in the developing world, where television and other kinds of modern communication are not still available for all sections of society. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate Government cannot make responsible judgments. Newspapers being purveyors of news and views having a bearing on public administration very often carry material which would not be palatable to Governments and other authorities.”

Freedom of Press is not specifically mentioned in Article 19 (1) (a) of the constitution and only freedom of speech and expression is mentioned. In the constituent Assembly Debates it was cleared by Dr. Ambedkar, Chairman of the Drafting Committee, that there is no special mention of the freedom of press was necessary at all as the press and an individual or a citizen were the same as far as the right of expression was concerned.


In case of Romesh Thaper vs. State of Madras[6] and in the case of  Brij Bhushan vs. State of Delhi,[7]

The Supreme Court held that and took it into for granted the fact that the freedom of press was an essential part of the right to freedom of speech and expression. However, freedom speech and expression included propagation of ideas, and that freedom was ensured by the freedom of circulation.

In Printers (Mysore) Ltd. v. CTO [8]

The Supreme Court has reiterated that though freedom of the press is not expressly guaranteed as a fundamental right, it is implicit in the freedom of speech and expression. Freedom of the press has always been a cherished right in all democratic countries and the press has rightly been described as the fourth chamber of democracy.

In R. Rajagopal v. State of T.N[9]

The Supreme Court of India has held that freedom of the press extends to engaging in uninhabited debate about the involvement of public figures in public issues and events. But, as regards their private life, a proper balancing of freedom of the press as well as the right of privacy and maintained defamation has to be performed in terms of the democratic way of life laid down in the Constitution.


Prior to independence there was no constitutional or statutory guarantee of freedom of any person or media or press in India. Most common law can be claimed by the press as seen by the Privy Council by Channing and Arnold vs. King Emperor. Journalist’s Freedom there is a simple part of the freedom of the subject and whatever the length, in general the subject can go, so also became a journalists, but apart from law, his privilege is none other than law ad not more than that. His statement, the extent of his criticisms or his comments is equally wide, and not wider than any other subject. With object and ideas, the Preamble of the Indian Constitution ensures to all citizens inter alia, liberty of thought, expression, belief, faith and worship. The constitutional significance of the freedom of speech consists in the Preamble of Constitution and is transformed as fundamental and human right in Article 19(1) (a) as “freedom of speech and expression.

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A trial that is seen by a trial judge without being partially seen is a fair trial. The various rights associated with fair trial are expressly declared in the sixth Amendment of the Constitution of the United States, Article 10 of the Universal Declaration of Human Rights and Article 6 of the European convention on Human Rights as well as many other constitution and declarations around the world has no binding international law that defines that there is no fair trial.  Fair Trial is an essential part of the United States judicial system that helps to prevent abortion of justice. The right to a fair trial is defined in many regional and international human rights instruments. It is one of the most widespread human rights and all international human rights instruments vest it in more than one Article. The right to a fair trial is one of the most litigated human rights and substantial case law founded on the interpretation of this human right. The purpose of authority is to ensure proper administration of justice. Civil and Criminal proceeding as a right to minimum trial include the following fair trial rights.

  • the right to be heard by a competent, independent and impartial tribunal
  • the right to a public hearing
  • the right to be heard within a reasonable time
  • the right to interpretation

The right to a fair trial which is unaffected by external pressures is accepted as the basic

Principle of justice in India. Legal provisions for the purpose of acquiring the said rights are   contained under 1971 and under Articles 129 and 215 of the Indian Constitution.


In case of Shalab Kumar Gupta and Ors. v. B.K. Sen and Anr.[10]

It was held by the Supreme court that, there is no doubt that it would be mischievous for a newspaper to systematically investigates a crime for which a man has been arrested and to publish the results of that investigation. This is because the trial by newspaper

S, when the trial is underway by one of the country’s regular tribunals, should be stopped. The basis of this view is that such action on behalf of a newspaper interferes with the course of justice whether the investigation prejudices the accused or the prosecution. There is no comparison between a newspaper trial and what has happened in this case.


In case of Manu Sharma v. State (NCT of Delhi)[11]

the court held that despite the significance of the print and electronic media in the present day, it is not only desirable but the least that is expected of the persons at the helm of affairs in the field, to ensure that trial by media does not hamper fair investigation by the investigating agency and more importantly does not prejudice the right of defense of the accused in any manner whatsoever. It will amount to travesty of justice if either of this causes impediments in the accepted judicious and fair investigation and trial.


In case of Dr. Shashi Tharoor v. Arnab Goswami and Anr.[12]

The court held that it is the function and right of the media to gather and convey information to the public and to comment on the administration of justice, including cases before, during and after trial, without violating the presumption of innocence. In fact, presumption of innocence and a fair trial are at the heart of criminal jurisprudence and in way important facets of a democratic polity that is governed by rule of law. Journalists are free to investigate but they cannot pronounce anyone guilty and/or pre judge the issue and/or prejudice the trial. The grant of the fairest of the opportunity to the accused to prove his innocence is the object of every fair trial. Conducting a fair trial is beneficial both to the accused as well as to the society. A conviction resulting from unfair trial is contrary to the concept of justice.


Several US Supreme Court decisions confirm the potentially dangerous impact that media testing can have.

In the case of Billie Sol Estes,[13]

The US Supreme Court set aside a Texas financier’s sentence for denying his constitutional rights to due process of law, as did extensive and unpleasant television coverage during pre-trial hearings. The court set a rule that the transmission of notorious criminal trials is actually prohibited by the “Procedure of Law “section of Amendment Fourteen.

[1] 1921

[2] 1995

[3] Rodney king case


[4] 2020

[5] (1985) 1 SCC 641


[6] AIR 1950 SC 124

[7] AIR1950 SC 129, 1950 SCR 605

[8] 1994 SCR (1) 682

[9] 1995 AIR 264

[10]1961 AIR 633

[11] 19 April 2010

[12] 1 December 2017

[13] 1965


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Role of Consumer Protection Law in Medical Negligence cases

By: Sreyasi Sarma


Medical profession is a noble profession. The connection between the patient and the specialist depends on shared trust and confidence. It is a helpful weapon of shopper to guarantee responsibility of specialist organizations. The patients have begun utilizing this Act, when they are abused by clinical carelessness of the medical services. Each specialist independent of the spot of his administration has an expert commitment to broaden his administration for ensuring life. Inadequacy might be consequence of powerlessness and absence of competency while carelessness would be brought about via lack of regard. In all instances of carelessness, there will be lack yet in all instances of inadequacy, carelessness won’t be available. The Indian legal executive has excellent help in securing and protecting the privileges of the customers just as sharpening the general public concerning the privileges of the customers. The analyst through some case laws endeavour to zero in upon the legal activism on clinical carelessness risk under the Consumer Protection Act.


Recently, Indian culture is encountering a developing mindfulness with respect to patient’s privileges. This pattern is unmistakably detectable from the ongoing spray in suit concerning clinical expert or foundation obligation, guaranteeing redressal for the enduring caused because of clinical carelessness, vitiated assent, and penetrate of privacy emerging out of the specialist persistent relationship. The patient-focused activity of rights assurance is needed to be acknowledged in the monetary setting of the fast decay of State spending and gigantic private interest in the circle of the medical services framework and the Indian Supreme Court’s meticulous endeavours to Constitutionalize a privilege to wellbeing as a principal right. Starting at now, the arbitrating cycle concerning clinical expert obligation, be it in a purchaser discussion or a normal common or criminal court, considers precedent-based law standards identifying with carelessness, vitiated assent, and penetrate of classification. In any case, it is similarly basic to take note of that the assurance of patient’s privilege will not be at the expense of expert honesty and self-rule. There is certainly a requirement for finding some kind of harmony. Something else, the outcomes would be illogical.

With regards to acquiring measures, there is a meriting need for a two dimensional methodology. On one hand, the attractive heading focuses towards recognizable proof of least sensible principles considering the social, conservative, and social setting that would encourage the adjudicators to choose issues of expert risk on a goal premise. Then again, such distinguishing proof empowers the clinical experts to disguise such norms in their everyday release of expert obligations, which would ideally forestall to an enormous degree the situation of assurance of patient’s privileges in a litigative atmosphere. Over the long haul, the present antagonistic arrangement of specialist and the patient would go through a change to the benefit of the patient, specialist, and society on the loose.

In the law of carelessness, experts, for example, attorneys, specialists, engineers and others are remembered for the classification of people purporting some extraordinary ability or gifted people by and large. Any errand which is needed to be performed with an extraordinary ability would commonly be conceded or attempted to be performed just if the individual has the essential expertise for playing out that task. Any sensible man going into a calling which requires a specific degree of figuring out how to be known as an expert of that branch, impliedly guarantees the individual managing him that the aptitude which he purports will be practised with a sensible level of care and alert. On a similar relationship, this guarantees the patients that a specialist has the imperative expertise in the clinical calling which he is rehearsing and keeping in mind that endeavour the presentation of the errand depended to him he would practice his ability with sensible skill. Decided by this norm, a proficient including clinical expert might be held obligated for carelessness on one of two discoveries: possibly he was not had of the essential expertise which he proclaimed to have had, or, he didn’t work out, with sensible ability in the given case, the aptitude which he had.

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The norm to be applied for judging, if the individual charged has been careless, would be that of a customary equipped individual practising common ability in that calling. It isn’t vital for each expert to have the most elevated level of aptitude in that branch which he rehearses. Where a calling grasps a scope of perspectives with respect to what is an adequate norm of direct, the ability of the expert is to be decided by the most minimal standard that would be viewed as worthy. The test is the norm of the customary gifted man practising and maintaining to have that extraordinary ability. A man need not have the most noteworthy master ability; it is entrenched law that it is adequate in the event that he practices the normal expertise of a common skilled man practicing that specific workmanship.

Hence, an expert man should order the corpus of information which structures part of the expert hardware of the common individual from his calling. He ought not linger behind other common steady and clever individuals from his calling in the information on new advances, disclosures and improvements in his field. He ought to have such mindfulness as a normally able professional would have of the insufficiencies in his insight and the impediments on his ability. He should be aware of the dangers and dangers in any expert assignment, he attempts to the degree that other conventionally skillful individuals from the calling would be ready. He should bring to any expert undertaking he attempts no less mastery, ability and care than other usually skilled individuals from his calling would bring yet require bring no more.

To build up risk on that premise it must be appeared

(1) that there is a typical and ordinary practice;

(2) that the respondent has not embraced it; and

(3) that the course indeed embraced is one no expert man of conventional aptitude would have taken had he been acting with normal consideration.

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A clinical specialist can’t be held at risk essentially on the grounds that things turned out badly from incident or misfortune or through a blunder of judgment in picking one sensible course of treatment in the inclination of another. A clinical expert would be obligated just where his lead fell beneath that of the norms of a sensibly equipped.


Overall, the accompanying lawful issues have been tended to and reacted to by various discussions and Courts in India.

Charge of Medical Negligence against Professional Doctors

From the hour of Lord Denning up to this point it has been held in a few decisions that a charge of expert carelessness against the clinical expert remained on an alternate balance from a charge of carelessness against the driver of an engine vehicle. The weight of verification is correspondingly more prominent on the individual who charges carelessness against a specialist. With the best ability on the planet, things here and there turned out badly in clinical treatment or careful activity. A specialist was not to be held careless essentially on the grounds that something turned out badly. The National Commission, just as the Apex Court in a catena of choices, has held that the specialist isn’t subject for carelessness in view of another person of better aptitude or information would have endorsed an alternate treatment or worked in an alternate manner. He isn’t liable of carelessness on the off chance that he has acted as per the training acknowledged as legitimate by a sensible group of clinical experts. The Hon’ble Supreme Court on account of Dr Laxman Balkrishna versus Dr Trimbak, AIR 1969 SC 128, has held the above view that is as yet viewed as a milestone judgment for choosing an instance of carelessness. On account of Indian Medical Association versus Santha, the Apex Court has concluded that the expertise of a clinical professional varies from specialist to specialist and it is officeholder upon the Complainant to demonstrate that a specialist was careless in the line of treatment that brought about the life of the patient. Along these lines, a Judge can see a specialist as blameworthy just when it is demonstrated that he has missed the mark concerning the norm of sensible clinical consideration. The standard of Res-Ipsa-Loquitur has not been commonly trailed by the Consumer Courts in India including the National Commission or even by the Apex Court in choosing the case under this Act. In a catena of choices, it has been held that it is for the Complainant to demonstrate the carelessness or insufficiency in assistance by illustrating master proof or sentiment and this reality is to be demonstrated past all sensible questions. The simple charge of carelessness will be of no assistance to the Complainant.[1]

What Constitutes Medical Negligence?

Disappointment of an activity and results are not carelessness. The term carelessness is characterized as the nonattendance or absence of care that a sensible individual ought to have taken in the conditions of the case. In the claim of carelessness for a situation of wrist drop, the accompanying perceptions were made. Nothing has been referenced in the protest or in the grounds of allure about the sort of care wanted from the specialist wherein he fizzled. It isn’t said anyplace what kind of carelessness was finished over the span of the activity. Nerves might be chopped down at the hour of activity and simple cutting of a nerve doesn’t add up to carelessness. It isn’t said that it has been intentionally done. Actually, it is additionally not said that the nerves were cut in the activity and it was not cut at the hour of the mishap. No master proof at all has been created. Just the report of the Chief Medical Officer of Haridwar has been delivered wherein it said that the patient is an instance of post-horrible wrist drop. It isn’t said that it is because of any activity or the carelessness of the specialist. The simple claim won’t present out a defence of carelessness except if it is demonstrated by solid proof and is upheld by master proof. The facts demonstrate that the activity has been performed. It is likewise evident that the Complainant has numerous costs yet except if the carelessness of the specialist is demonstrated, she isn’t qualified for any compensation.[2]

What is the Standard of Care?

It is currently a settled standard of law that a clinical expert will bring to his assignment a sensible level of expertise and information and must exercise a sensible level of care. Neither the most noteworthy nor the least level of care and fitness decided in the light of conditions for each situation is the thing that the law requires. Decided from this measuring stick, post-employable contamination or shortening of the leg was not because of any carelessness or insufficiency in help with respect to the contrary party Appellant. Inadequacy in help subsequently can’t be attached on the inverse party.[3]

For a situation that prompted visual impedance as a result, the accompanying perceptions were made. The writing concerning largo unmistakably referenced that the symptom of this medication whenever taken for a more extended length can influence visual perception however this isn’t a reality for this situation. Plus, there is no master proof on record to show that the utilization of this medication made harm the patient’s visual perception. In any event, for the wellbeing of argument, on the off chance that it is acknowledged that this medication made harm the patient’s vision, if the Respondent-specialist is one who has encouraged his patient to utilize this medication after an assessment in which he discovered the patient to be experiencing jungle fever, all things considered too the specialist Respondent can’t be held liable of carelessness or insufficient in his administration. In any case, as expressed above, for this situation, the medication has been utilized by the patient in low portions for a couple of days and there is no master proof to show that the utilization of medication has influenced his vision. Thusly, the Complainant-Appellant has neglected to demonstrate that the Respondent was careless and insufficient in his obligation as a doctor.[4]

Verification of Medical Negligence

It has been held in various decisions by the National Commission and by the Hon’ble Supreme Court that a charge of expert carelessness against a specialist remained on an alternate balance from a charge of carelessness against a driver of a vehicle. The weight of evidence is correspondingly more noteworthy on the individual who affirms carelessness against a specialist. Even with a specialist with the best aptitudes, things now and then turn out badly during clinical treatment or in a medical procedure. A specialist isn’t to be held careless essentially in light of the fact that something turned out badly. The Complainant’s vision was not re-established after the activity was led by the Appellant yet on this ground alone a specialist cannot be held careless in light of the fact that even in the wake of receiving every vital insurance and care the aftereffect of the activity may not be agreeable since it relies upon different variables. The dispute of the Appellant was that the patient was experiencing diabetes and circulatory strain and in numerous such cases, visual perception isn’t re-established after the activity anyway cautiously it is finished. For this situation, there isn’t anything on record to show that something turned out badly because of a demonstration of the Appellant-specialist. There is no proof to arrive at the resolution that the Appellant fell beneath the norm of a sensibly equipped expert in their field, to such an extent that their leaders may be meriting reproach. The Appellant can’t be subject for carelessness since another person of better ability or information would have endorsed an alternate technique for activity in an alternate manner. The proof proposes that the Appellant has played out the activity and acted as per the training routinely acknowledged and received by him in this clinic and a few patients are consistently treated for their eye issues. The Hon’ble Supreme Court on account of Dr Laxman Balkrishna versus Dr Triambak, AIR 1969 Supreme Court page 128 has held the above view and this view has been additionally affirmed on account of the Indian Medical Association versus Santha. The Apex Court and the National Commission has held that the aptitude of a clinical expert contrasts from specialist to specialist and it is an occupant upon the Complainant to demonstrate that the Appellant was careless in the line of treatment that brought about the deficiency of visual perception. A Judge can see a specialist as blameworthy just when it is demonstrated that he has missed the mark regarding a norm of sensible clinical consideration. The reality and conditions of the case before us show that the Appellant has taken care of the patient with due consideration, expertise, and determination. Basically, in light of the fact that the patient’s vision was not re-established acceptably, this record alone isn’t just for holding the specialist blameworthy of carelessness and inadequate in his obligation. It is settled law that it is for the Complainant to demonstrate the carelessness or inadequacy in help by illustrating master proof or sentiment and this reality is to be demonstrated past all sensible uncertainty. A simple claim of carelessness will be of no assistance to the Complainant. [5]

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The accompanying instances of supposed clinical carelessness give an understanding into how a ultimate choice is reached by the legal bodies. “All clinical carelessness cases concern different inquiries of reality, when we state the weight of demonstrating carelessness lies on the Complainant, it implies he has the undertaking of persuading the court that his adaptation of the realities is the right one”. No master feeling has been delivered by the Complainant to repudiate the report of the Board of Doctors. The allure of the Complainant was excused with costs as “No master feeling has been created by him.”[8] For a situation of an inappropriate association of the patella, no master has been delivered by the Complainant to demonstrate the carelessness of the contrary party. Accordingly, it can’t be said with a precision that therapy of the Complainant by the contrary party was against the standards recommended under the clinical statute or that the contrary party in any capacity was careless or inadequate in the presentation of his duties. [6]

“Charge of clinical carelessness is a major issue and it is for the individual who sets up the case to demonstrate carelessness dependent on the material on a record or via proof”. The objection of clinical carelessness was excused in light of the fact that the candidate neglected to build up and demonstrate any case of clinical negligence.[7] “Just on the grounds that the activity didn’t succeed, the specialist can’t be supposed to be careless” and the allure of the specialist was allowed.[8] “A simple claim won’t present a defence of carelessness except if it is demonstrated by solid proof and is upheld by master proof” and the allure was dismissed. “The commission can’t establish itself into a specialist body and repudiate the assertion of the specialist except if there is something opposite on the record via a specialist assessment or there is any clinical composition on which dependence could be based” and the Revision appeal of the specialist was allowed. For another situation, an X-beam report showed a little mistiness that like a hazy shadow that gets obvious for some causes other than math. It couldn’t be accepted that actually, stone existed in the correct kidney that had not been worked upon. Considering the present situation, we don’t feel that any instance of carelessness has been made by the Complainant. This request is, subsequently, allowed.[9]


Before the instance of Jacob Mathew versus the State of Punjab, the Supreme Court of India conveyed two distinct assessments on specialists’ obligation. In Mohanan versus Prabha G Nair and another, it decided that a specialist’s carelessness could be found out simply by filtering the material and master proof that may be introduced during a preliminary. In Suresh Gupta’s case in August 2004 the norm of carelessness that must be demonstrated to fix a specialist’s or specialist’s criminal risk was set at “net carelessness” or “wildness.”

In Suresh Gupta’s case, the Supreme Court recognized a mistake of judgment and at fault carelessness. It held that criminal indictment of specialists without sufficient clinical sentiment highlighting their blame would do an extraordinary damage to the network. A specialist can’t be gone after for at fault or criminal carelessness in all instances of clinical setbacks or incidents.

A specialist might be at risk in a common case for carelessness however simple remissness or need of due consideration and aptitude can’t be portrayed as so wild or terribly careless as to make her/him criminally obligated. The courts held that this qualification was important so the perils of clinical experts being presented to common risk may not absurdly stretch out to criminal obligation and open them to the danger of detainment for supposed criminal carelessness. Consequently, the grievance against the specialist must show carelessness or imprudence of such an extent as to demonstrate a psychological express that can be portrayed as absolutely indifferent towards the patient. Such gross carelessness alone is culpable.

On September 9, 2004, Justices Arijit Pasayat and CK Thakker alluded the subject of clinical carelessness to a bigger Bench of the Supreme Court. They saw that words, for example, “net”, “wild”, “capability”, and “apathy” didn’t happen anyplace in the meaning of “carelessness” under Section 304A of the Indian Penal Code and subsequently they couldn’t concur with the judgment conveyed on account of Dr Suresh Gupta.

The issue was chosen in the Supreme Court on account of Jacob Mathew versus the State of Punjab. The court guided the focal government to outline rules to spare specialists from pointless provocation and unjustifiable weight in playing out their obligations. It decided that until the public authority outlined such rules, the accompanying rules would win:

A private grievance of carelessness or carelessness against a specialist may not be engaged without by all appearances proof as a sound assessment of another skilled specialist supporting the charge. What’s more, the exploring official should offer a free input, ideally of an administration specialist. At long last, a specialist might be captured just if the examining official accepts that she/he would not be accessible for indictment except if captured.

[1] Smt. Savitri Singh v. Dr. Ranbir PD. Singh and others. 2004;(1) CPJ 25 (Bihar)

[2] Smt. Vimlesh Dixit v. Dr. R.K. Singhal. 2004;(I) CPJ 123

[3] Dr. Kamta Prasad Singh v. Nagina Prasad. 2000;(III) CPJ 283 (WB)

[4] Ajay Kumar v. Dr. Devendra Nath. 2004;(II) CPJ 482.

[5] Dr. Akhil Kumar Jain v. Lallan Prasad. 2004;(II) CPJ 504.

[6] Amar Singh v. Frances Newton Hospital and Anr. 2001;(I) CPJ 8.

[7] Mam Chand v. Dr. GS Mangat of Mangat Hospital. 2004;(I) CPJ 79

[8] Dr. (Smt) Kumud Garg v. Raja Bhatia. 2004;(I) CPJ 369.

[9] Dr. Harkanwaljit Singh Saini v. Gurbax Singh and Anr. 2003;(I) CPJ 153


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Analysis of Trademark Laws in USA, UK, and UAE

Trademarks are, generally, words, names, symbols, devices, designs, or other distinctive signs or stamps which serve to recognize the wellspring of merchandise or benefits and recognize them from those sold by others.[1] Trademarks are usually of names, logos, symbols, devices, etc., representing an individual entity. For instance, the ‘M’ for McDonald’s has a ‘™’ to it specifying the distinction of its source.

Trademarks are essential as they show how viable the product is. They have been used by companies that have a brand value attached to them. It offers quality and ensures the customers’ product safety is received; this also saves the company from fraudulent misuse of their brand name or logo.

Trademarks promote enterprise, both locally and globally, by providing owners of trademarks with recognition and profit. Trademark protection also hinders unfair competitors’ efforts, such as counterfeiters, to use similar distinctive signs to market their products and services. Trademark law allows people with skill and enterprise to produce and market goods and services more profitably, thereby facilitating domestic and international trade. Moreover, trademarks can protect consumers from unwittingly paying a premium for inferior products.[2]

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Brands play a significant role in the socio-economical out a way for the people. The quality of a product is essential in the growth of a brand and the shareholders. To facilitate the whole system of intellectual property, independent trademark laws have been brought out in countries for the ease of business and to protect the companies against fraud.

Rochelle Dreyfuss observes that, in recent years, trademarks have begun to serve an additional purpose, of “becoming products in their own right, valued as indicators of the status, preferences, and aspirations of those who use them.[3] As putting the concept in simple terms by Robert N Klieger, the Trademark makes tomorrow’s business something more than an accident.[4]

US Laws

The US trademark framework accommodates both government and state assurance of brand names. Regardless of whether under government or state law, enlistment is anything but essential for enforceable rights. The principal statute dealing with Trademark and unfair competition law in the United States is the Lanham Act, 15 USC Section 1051 et seq. The Act had been altered on various occasions since its effective date more than 70 years ago. The amendments have, among other things, made dilution of famous trademarks a federal offense; provided statutory damages as a remedy against sellers of goods bearing counterfeit marks; permitted the filing of applications for registration based on an intent to use, and created a private cause of action against cybersquatting.[5]

The Lanham Act governs the enforcement of trademarks, service marks, and unfair competition. It provides authority from the USPTO, which is the US Patent and Trademark Office, to register marks used in interstate or foreign commerce.[6] As a general rule, registration is not expected to get brand name rights or authorize a brand name. Instead, the first body to use a distinctive mark, in the beginning, to utilize a particular mark in business may guarantee rights to that Trademark for the merchandise or organizations with which the imprint is utilized. The proprietor of an unregistered trademark may not use the ‘®’ mark, as it may be used only proceeding or in connection with a registered mark; however, the holder of an unregistered mark might use the ‘™’ symbol to put others on the announcement that it claims rights to a mark.[7]

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As the US Supreme Court has suggested that a trademark is an elaborative form to display the quality of production and to maintain the benefits of a good reputation.[8] Therefore, in the US system, the goodwill is considered over the registration and substantive clauses. The Supreme Court, while quoting the  same stated, “In truth, a trademark confers no monopoly whatever in a correct sense, but is merely a convenient means for facilitating the protection of one’s goodwill in trade by placing a distinguishing mark or symbol-a commercial signature-upon the produce or the package in which it is sold.”[9] Trademark rights can be lost through indecorous licensing, assignment, genericity, or abandonment. If the use of a trademark is licensed without adequate quality control or supervision by the trademark owner, the Trademark will be cancelled. [10]

The language of the statue is somehow or another predictable, with this limited the vision of the extent of Federal protection. Under the Act, a firm initially should select an imprint that is equipped for recognizing its merchandise. Under state law, a trademark need not be famous in order to give rise to a weakening claim. Instead, dilution is available if-

(1) the mark has “selling power” or, in other words, a distinctive quality; and

(2) the two marks are substantially similar. [11]

The steady development in the subject matter and scope of trademark law has not gone disregarded, and legal scholars have long called warnings about the dangers of overly well-developed trademark rights.[12] The laws are based on the gravity of good-faith and the vitality of the owner. If any hindrance is found from the plaintiff, the court decides based on natural justice.

UK Laws

The United Kingdom has a history of trademarks and indictive marks on its products from the 16th Century before the rule of King James I. All these rules were merely in good conscience, and finally, the these were complied with and codified in the Trade Marks Registration Act 1875. These gave the traders a sense of ethics and gave powerful rights to their proprietors and are very important and valuable assets.

Trademark registration is a fairly more organized sector in the United Kingdom as compared to the United States. For the application of a registered trademark, a body has to do the following-

  1. They can register a trademark by applying to the United Kingdom Intellectual Property Office (abbreviated to the UKIPO).[13]
  2. The second option is to file an application with the EU Intellectual Property Office (abbreviated to the EUIPO). The main profit of applying for an EU trademark is it covers all EU member states (including the UK), so you save the money and time of having to make distinct applications in multiple national intellectual property offices.[14]
  3. Lastly, an application can be made using the Madrid Protocol. This allows a home trademark recording or application to form the basis of an application for a so-called international registration. This claim is filed with the International Bureau of the World Intellectual Property Office (or WIPO).[15]

It is to be standard that the trademark laws of the United Kingdom include England, Wales, Scotland, Northern Irelands, and the Isle of Man, and the people of these can only apply for Trademark by the following process. Due to the high level of harmonization in trademark law within the European Union and its member states, Brexit will have a substantial effect on trademark protection in the United Kingdom. First, Brexit would mean that EU trademark protection would no longer extend to the United Kingdom. Not even an often-mooted membership of the EEA as a form of soft Brexit would enable the unitary right to extend to the United Kingdom.[16]

Implementation of trademark rights in the United Kingdom is predominately a civil matter. Both recorded Trademark and passing-off entitlements can be outlooked in the High Court (Chancery Division), as well as in the IP Enterprise Court. Judges in these courts tend to be IP experts. Claims at the Intellectual Property Enterprise Court can be multi-track or small entitlements track; the track chosen has inferences for the remedies available to the proprietors. The ensuing part features an unusually large number of cases this year in relation to “exhaustion of rights” which provide an important role in ensuring free movement of goods within the single market of the claimant.[17]

The administrator of a mark cannot exercise total control over every use of the Trademark; he will, however, be able to an agreement with it like most other property rights by, for example, by assigning, licensing, and mortgaging it. [18]This view surfaced in Arsenal v Reed[19] where it was held that the primary function of a trademark is the origin function.

EU trademark law contains a variety of specific defenses and other limitations on the exclusive rights conferred upon Trademark the EU. Set out under Article 15 of the 2017 EUTM Regulation and Article 7 of the 2008 TM Directive, “exhaustion” acts as a limitation of the exclusive rights provided to EU trademark owners.[20]

UAE Laws

The trademarks in UAE is similar to that seen under the general concept that trademarks are names, words, signatures, letters, figures, illustrations, logos, titles, hallmarks, seals, pictures, patterns, declarations, packets, or any other symbols or group of marks if they were used or proposed to be used either to extricate goods, products or services from whatever sources, or to show that certain services, belongings or products belong to the owner of the Trademark, because of their delivery, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it. [21]It is governed by the Federal Law No. 37 of 1992 on Trademarks.

The enlisted brand name will be under legitimate assurance in UAE for a long time since the date of authentic TM enrolment. To keep the brand name in power following ten years – the proprietor should pay extra authority fess to the UAE Ministry of Economy for additional augmentation. The amount of expansions for brand name endorsements isn’t restricted.

The UAE Trademark Law contains no direct causes of action for what is frequently referred to as ‘trademark infringement’ in other jurisdictions. Rather, Articles 37 and 38 set out criminal offences focused on fabricating and emulating trademarks. The phrasing of the offenses can make it problematic to bring actions against anything other than the direct counterfeit.[22]

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The lawsuit before the courts includes very little oral advocacy. Instead, written pleadings are exchanged during each hearing. There are usually several rounds of pleadings before the court adjourns to issue its decision. Cases are heard by the bench; there are no jury trials.[23] The work of witnesses to provide oral evidence – particularly in civil cases – is possible but very rare. Authorities may be appointed by the court to provide an opinion on technical or complex matters.[24] The UAE is expected to implement the GCC Trade Mark Law in the coming months. The government has also announced the setting up of specialized IP Courts, which are expected to be in operation soon.[25]

The Trademark Law likewise gives criminal solutions for the encroachment of brand names as fines and additionally detainment. You can likewise make a move against brand name encroachments through Dubai Customs, which has the order to quit encroaching items prior to entering the nation, in this way making your brand name assurance more productive and secure.

Therefore, it is seen that trademarks all over the world are similar and follow the common strategies laid down by the World Trade Organisation. A trademark is the most valuable asset of a business to upkeep its prestige; therefore, it is more important to register the business trademark and to keep an updated. Usually, a trademark is registered for ten years, depending on the laws of each country. It is important to maintain trademarks by brands, especially well-developed brands. Any counterfeit in the following should be brought into action in the courts as many countries have

[1] Brian Farkas, Which Protection Do I Need: Patent, Copyright, or Trademark? NOLO,

[2] Michael Cosgrove et al, Case Study:  Trademark Infringement Issues,7 JOURNAL OF BUSINESS CASE STUDIES,19, 19-26 (2011)

[3]Jeanne C. Fromer, The Role of Creativity in Trademark Law, 86 THE NOTRE DAME LAW REVIEW,1885, 1892-93,(2011)

[4] Ibid.

[5] Roberta Jacobs & Lesley McCall Grossberg,United States, THE LAW REVIEWS,(Oct 2019),

[6] Jessica Hiney &Lisa M Mottes, Trademark procedures and strategies: United States, WTR, (29 Mar 2017),

[7] Ibid.

[8] Park ‘N Fly, Inc. v. Dollar Park ‘N Fly, Inc., 469 U.S. 189, 198 (1985)

[9] United Drug Co. v. Theodore Rectanus Co, 248 U.S. 90 (1918).

[10] TradeMark Law, HG.ORG,

[11] Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 875 F.2d 1026 (2d Cir. 1989).

[12] Ralph S. Brown, Jr., Advertising and the Public Interest: Legal Protection of Trade Symbols, 57 Yale L.J. 1165, 1177-80 (1948)

[13] Charlie Bond, UK: The Basics of Trade Mark Law, MONDAQ, (Nov 20,2017),

[14] Ibid

[15] Ibid

[16] Marc Mimler, The Effect of Brexit on Trademarks, Designs and Other “Europeanized” Areas of Intellectual Property Law in the United Kingdom, British Institute of Comparative and Operative Law, (Dec 2017),


[18] All Answers Ltd. November 2018. Trademark Systems in the UK. [online]. Available from:

[19][2003] EWCA Civ 696

[20] Trademark Infringement, 109 TRADEMARK REP. 532 (2019).

[21] Intellectual Property, Information & services,

[22]  David Harper,UAE – Trademark Litigation 2017 (A global guide), CWB LEGAL, (Oct 21,2016),

[23] Ibid.

[24] Ibid.

[25] Maria Farrukh Irfan Khan, Trade mark litigation in the United Arab Emirates: overview, UNITED TRADE MARK & PATENT SERVICES,(Sept 01, 2018),



Role Of Copyright Law in the Media Industry

By: Annie Mampilly

Copyright, as well known is a bundle of rights which are bestowed under law on the creators of literary, dramatic musical and artistic works and the producers of chromatography films and sound recordings. In other words, we can also say that copyright is nothing but the exclusive legal rights which confers protection to an authorship, composition or artistry. Thus, copyright is an umbrella that protects and controls the rights of a person/entity over a literary, dramatic, musical or artistic work or computer program along with the rights pertaining to its publication, sale or production.

In my own words and from my angle of view, copyright is the right of an author over his work. A unique idea, an innovative work, a novel invention are all products of a person’s or an entity’s toil and sweat. Hence, the same should be appreciated and protected. Copyright aims at this. On one hand it confers exclusive right to the author and on the other hand its restricts others from the unauthorized use of the creation without the knowledge and consent of the author. In short, the copyright law indicates a notion of respect towards the creativity of an author.

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Media is often referred to as the ‘fourth pillar’ of democracy in the present scenario. In the current century, Media plays a vital role in the lives of people. Whether it be print media or electronic media, it has become an inevitable part of the lives of the new generation. Through smart phones, computers, laptop, tablets and various other gadgets and applications, media reaches the tip of a person’s finger. The influence of media is in its superlative degree. Irrespective of the veracity of the content, media greatly triggers the societal behaviour in both, good ways and bad ways. Media Industry is an entertainer as well as a destructive weapon.

Movies, songs, serials, programs, shows etc. Occupy prominent positions in the pyramid of media industry when it comes to the creative side. Hence, such creativity needs to be exclusively protected. It is at this juncture, the copyright law steps into the media industry. For example, take the case where a popular song in a particular movie is copied by an individual in his short film. He used the same tune and pitch of the song but wrote an all new lyrics. In such a situation,

  • Is there a copyright violation?
  • Is it legal for him to do so?
  • Is it authorized?
  • Is he punishable?
  • What about the rights of the original author of the music?
  • What are the rights available to the author?
  • Can the author sue the other person?

There are even more questions that can come into the minds of a person during such instances. That’s when a law aspirant needs to know about the role of the copyright laws in the media industry. Let us now have a bird’s eye view on this topic.

Copyright chaos

The number of channels are increasing day by day and TV shows are also multiplying. Hence, this has stirred up a rivalry among channels and leads to a lot of copyright issues as well.

Firstly, take the case of a very popular and highly rated serial. The edifice of a serial is nothing but a strong script. The script is the product of a creative mind i.e. it’s author. The author is very well entitled under law to get his right protected under copyright law. Once copyright is obtained, the author is vested is with absolute and exclusive rights over his creation. None other than he himself is authorized for the use of his work in any manner. Since the entire serial is anchored strongly in its script, it has become a common practise in the media industry to identify means to influence the employees of the rival channel to get to the script and know further. Once the script is known, the rival channels can easily come up with something that could strike out the program.

Secondly, a script alone is not sufficient for a movie or a program or a serial to be born. It mandates various other elements and factors including a production. If a person or an entity should agree to fund the program and become the producer, it is essential and inevitable that the script is shown to them. However, there can be hardly any evidence for sharing of the script with various producers and such situations make the script vulnerable as it is prone to very higher chances of misuse. The idea can be misused if shared with rivals.

It is not the idea per se that is protected under the copyright law. The protection is available only when the idea is as such converted to a tangible instrument. For instance, if a prospective investor misuses the copyrighted instrument, the copyright law can be invoked and legal remedies are available to the author. It also a common practice that both the parties shall enter into a Non Disclosure Agreement for a better understanding and protection of the copyright.

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Section 2(d)(v) and taglines

‘Computer ji lock kiya jaye’

There is not a single Indian who will not be familiar with this tagline by Amitabh Bachan in the popular television program with a world wide fame, ‘Kaun Banega Karodpati’.

Now here is the question. Who owns the right towards this tagline? Is it with Mr.Amitabh Bachan, actor and host of the show who said this line? Is the right lying with the script writer? Should the right go to the Director, who is the real captain of the show ? Or what about the producer who backs the entire program financially?

This is a crucial situation which can bring a very high level of ambiguity as to who owns the rights of a tagline. Section 2(d)(v) of the Copyright Act makes its entry to the scene at this point. This provision elucidates that the author of a Cinematographic work or sound recording is none other than the producer.


Under the copyright law, broadcast rights can also be copyrighted. In simple terms, we all know that broadcast means the transmission of programs either by television or by radio.

On moving from the layman’s idea to a lawman’s idea, the term broadcast embraces a transmission through the medium of a wireless telegraphy of visual images, sounds or other information that is capably of being lawfully received by the members of the general public or that has been lawfully transmitted for presentation to the members of the general public. In covers analogue, terrestrial and satellite broadcasts through television or radio.

The Doctrine of fair use

The most important right of a user of a copyright lies in the doctrine of fair use. It is necessary the rights are used fairly and lawfully. It strikes a notion of balance. It prevents any sort of unlawful, unauthorized and unfair use of the copyright. The fairness it determined by analysing the following factors:

  • The purpose and character of the use.
  • The nature of the copyrighted work.
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
  • The effect of the use upon the potential market for or value of the copyrighted work.

Apart from the above, the doctrine of fairness also gets judged by the impetus of the public interest. Even Courts give high weightage to public interest when it comes to determining the doctrine of fair use.

Offenses and Penalties

Like every other penal law, copyright laws are also no novice to offenses and penalties. The copyright act also classifies certain acts and offenses and the offenses under the copyright laws also comes with penalties as per the gravity and seriousness of the offense committed.

Generally, offenses under the Copyright Act are ‘cognizable offenses.’ Offenders of copyright violations shall be subjected to:

  • Police Search
  • Seizure

Moving to the remedies under the Copyright Act for copyright infringement, there are civil remedies as well as criminal remedies. Let us now have a glimpse at the various provisions and the remedies.

Civil remedies for copyright violations are embedded under Section 55 of the Copyright Act. Criminal remedies for infringement of copyrights are envisaged under Section Section 63 of the Copyright Act. The various criminal remedies explicated under this provision includes the following:

  • Injunction
  • Damages
  • Accounts
  • Other remedies conferred by the law on the owner

Under the Copyright Act, an offender, i.e. a person or an entity that violates the copyright of another person can be punished with imprisonment for a period of 6 months and can extend up to two years along with a penalty of fine of Rupees fifty thousand to Rupees Two Lakhs.

Further, the Police is empowered to seize the infringing copies and all materials utilized to produce the same. Section 64 of the Copyright Act speaks about this.

Tool of Monopolistic Oppression

Even though the main idea behind the introduction of copyright laws lie in the protection of an author’s rights, it has also taken an evil guise too in the present scenario. Exclusivity is an important element in copyright. The author alone gets the right. The sole owner. This shapes a kind of monopoly. And as we all know, mono is one and this kind of a monopoly rules out the chance of a competitor. It restrains others from the use of the copyrighted work and can even bring about criminal liability. In spite of the element of public interest or the larger good, there is higher level of chance that, the copyright given to an author to respect and protect his rights may be used to mould a monopoly outweighing others.

Important judgments

From a legal angle, any study of the role of copyright laws in the media industry is lame and incomplete without a reference to caselaws. There can be landmark cases, precedents, popular cases, etc. Hence, let us now go through a few of the most important copyright cases in the media industry along with a brief description of the verdict or important question of law that was dealt with in the respective copyright caselaw.

No. Copyright-Media Industry Case Law Important points
1 R.G.Anand v. M. S. Delux Films[1] ·      Copyright infringement against the movie ‘New Delhi.’

·      Clarified the concepts of idea-expression dichotomy and copyright infringement.

2 Nichols v. Universal Pictures Corporation[2] ·      Dealt with copyright infringement by non-literal copying of a dramatic work.

·      Held that whether it be a book, play or film, copyright cannot be extended to the characteristics of stock characters in a story.

3 Mandeville-Anthony v. Walt Disney Co.[3] ·      Pertaining to the copyright infringement of copyright in the movies – ‘Cars’ and ‘Cars 2’

·      The Appellate Court affirmed lower court decision that the movies did not infringe the copyrighted works of Jake Mandeville-Anthony as they are not substantially similar as a matter of law.

4 Zee Entertainment Enterprises Limited v. Sony Pictures Networks India Private Limited[4] ·      Copyright issues pertaining to TV shows.

·      It was stated in this case that the surest and safest test to determine whether or not there is a copyright infringement is to see if the spectator, the reader, the viewer or the audience, after having read or seen both the works is of the opinion and is of an unmistakable impression that the subsequent work appears to be a copy or a facsimile of the original.


As stated in the beginning of this work, Copyright, is a bundle of rights which are bestowed under law on the creators of literary, dramatic musical and artistic works and the producers of chromatography films and sound recordings. It is a protective law, it is a law of respect and also a law of appreciation to the author and his creation or his/her innovation. I would also say that copyright law is a necessary law which protects and encourages the creative side of a person.

While the goodness and merits of the copyright law gets piled up on hand, an evil side also peeps out from another side. One should note that, like every other law, the law of copyright is also intended to protect the rights and shield the author against any sort of mala fide and unauthorized use and violation of his or her rights. The doctrine of fair use should be given due weightage. Every case differs from the other and the verdict should be determined after analysing the facts and circumstances of the respective case. Innocent, unintentional, harmless and bona fide infringement should be protected. Public interest should also be given extreme importance in every case. The detrimental factors differs from a case to case basis. Hence, I suggest that, before passing a final verdict in any case, the facts and circumstances should be meticulously analysed, giving due importance to the author’s rights and not outweighing the larger public interest.

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[1] AIR 1978 SC 1613

[2] 45 F.2d 119(2nd Cir. 1930)

[3] 11-56441 (9th Cir. 2012)

[4] Bombay High Court, 5th April 2017


Role Of Intellectual Property Law In The Sports Industry

By: Pallavi Tiwari


Sports are said to form 1-5 percent of the GDP and thus are very important for economy and various related companies. As far as the recent trend is concerned Indian Premier League (IPL) is going on and this is the most appropriate example to understand the connection between sports, marketing and business. Here, every team has its brand value, their advertisements, their theme songs, logos, brand name, tag-lines, marketing strategy and players’ performance strategy and all of this forms a part of IPR.  All these assets need to be protected as part of IPR from being taken away by third parties.  IP in sports came up first as recommended by Kunstadt but only with respect to copyright and trademark as the players who invest labor to develop a new move should be given economic benefit for the same.[1]

Copyright subsists in the photos clicked in the IPL events and the theme song of the themes or the title track of IPL itself.[2] Design rights can be established in the bats used by players which are specially designed and aim to facilitate their game. Trademark relates to the logo of the teams or their merchandise used in the games. All this helps in the branding of the team and also create some value in the eyes of the viewers. Unless and until something is appealable it holds no value in the market, so for investment it is important that it has created some value in the market. These logos and other IP rights have to be protected so that no one else could copy them or use them in their business and gain advantage of the established image of the players or the team, according to trademark dilution under Section 29(4) of the Trademark Act. [3]

Any third party could come up with these marks or designs and thus cause great loss to the owners and can also tarnish their image by selling bad products in the name of the players or teams by creating confusion in the minds of the consumers, which happened in the famous PayPal or Paytm case. Thus sports and IP laws work in intersection with each other and IP is essential for the commercialization of sports.[4]

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Patent law can be used in the sports industry with respect to the techniques used in the game or in the making of sports equipment to enhance the efficacy. Some examples of such patents are “D.S. Miller’s Dominant Hand Putting Method” or the “Nolan Ryan’s baseball pitch” and both are either to evade the impediments caused due to some handicap or improve the technique involved in a game. Patent can only be granted if something is novel, non-obvious and has industrial use as per Article 27(1) of the TRIPS[5] and also imbibed into the Indian Patent Law. As far as sports patents are concerned and the first requirement of novelty is to be addressed, it is important to note that even if a player has developed a technique or a move to play or designed an equipment to enhance the game it is important that he gets a patent first on it and then use it in front of other players. If he fails to do so, the patent is said to be already in the public and thus not novel or non-obvious. To determine novelty it is important that the technique or anything to be patented should not be in the mind of the public already expert in the field but the moves or techniques used by the players are just movements of limbs  and thus very commonly discussed and seen amongst the players. Thus generally players fail to get patent due to non-fulfillment of the novelty criteria. Another condition is of industrial application and there is no proof that sport related patent can be used commercially or in an industry. It depends on patent to patent and thus this condition may or may not be fulfilled.[6]

Sports is about learning new moves and mostly players learn from one another but if these moves are patented it would cause an unfair advantage on the other competitors. Sometimes another player in between of a match can use a patented move which would cause the game to come to a halt and thus destroy the basic essence of sports. Thus, this would make the players first think and then make a move or use a technique which would not be spontaneous anymore and going against the principles of sports.[7]

As far as India’s position with respect to patenting moves of a game are concerned section 3(m)[8] of the Indian Patent Act clearly debars “a mere scheme or rule or method of performing mental act or method of playing a game” from being granted a patent. Thus India is still not open to patenting of sports or the moves involved as compared to US which observes as laid down in Diamond v. Chakraborty[9] case that anything can be patented.[10]

Thus, the position of patent grant with respect to sports move is still not clear and uniform across the globe so no decision can be called upon the same.


As far as sports are concerned copyright exists in a lot of things like slogans for a team, pictures of players, or any other photography associated with the events. As copyright now involves broadcaster and performers’ rights under the Act, it gives a broadcaster a right to telecast a particular sporting event and to possess that right the companies pay huge amounts. So if any other person uses the broadcast for his own channel then it shall also be an infringement of copyright. These broadcasters make available to the public the sport events as each and every event cannot be attended by the viewers. Thus broadcasting is the major area where copyright subsists in case of sports and due to the revenue generated by licensing the broadcasting rights events can be organized and other related events can take place. Apart from the field events there are computer games also which use software which can be subjected to copyright protection and also patent protection when combined with hardware as computer programs or software are per se not patentable.[11] The characters or graphics used in video games are also subjected to copyright protection as now the craze for online games and events including video games are no less than field sports events.[12]

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As far as copyright in sports is concerned, there are two categories of sports that can be discussed: purposive or non-aesthetic sports or aesthetic sports.[13] Section 13 mentions about works in which copyright subsists and sports is clearly not a part of it. The case of Institute for Inner Studies v.Charlotte Anderson,[14] was one landmark case which discussed why copyright protection is not offered to sports. The High Court observed that yoga asana cannot be granted copyright protection because they are neither included under literary or dramatic work under the Act. The Court also felt that sports lack the main criteria of fixation in tangible medium with respect to copyright. It is also considered anti-competitive in nature as it will thereby reduce the scope for future players to use similar moves.

This is not the case with aesthetic sports (dance, gymnastics, skating) as they involve some creativity and can come under choreographic works protected under copyright. Dancers, gymnasts can also avail the performers’ rights under Section 38 of the Act. They also fulfill the requirements of performance under 2(q) of the Act and performer under Section 2(qq) of the Act and thus are eligible for protection. As far as uncertainty or originality is concerned with respect to copyright protection, aesthetic sports fulfill this criterion. They are also fixated in nature as most of the copyrighted works are as they constitute of certain specific moves.

Further in the case of Star India Pvt. Ltd. v. Piyush Agarwal & Ors.[15] the Single Bench observed that cricket events are subject to performers’ rights protection under the copyright act. But later on, this decision was overruled and the Delhi High Court observed that performers’ rights are not under copyright as they are clearly mentioned to be “special rights” under Section 38 of the Act. But stand in India relating to copyright protection for sports is still unclear.


Trademarks are used to distinguish goods and services from one another. These days’ sports events also involve a lot of brands and use them in logos and their marks to gain commercially. This is done essentially to create a brand value for products used in these sports or to catch the viewer attention. For example, champions rise is used for FIFA and like in IPL as well every team has their own logo and mark. It helps the viewers to establish a relation with the team or game and to choose their favorite side. There have been cases where players have trademarked their name like David Beckham. In the recent trend of online games it is important to have brand names for teams and events so the viewers can distinguish between them. If some revenue has to be generated through a sports event or by a team it is important that it should have some recognition in the market and this can be established through trademark.[16]

In a famous case STJUE Arsenal v. Reed,[17] the defendant used the branded goods outside the stadium in a commercial manner unofficially thus causing an infringement. Getting trademark on a team or a player’s name which in turn become very popular helps the sports apparel manufacture to establish goodwill on the brand value of the team or the player. According to Forbes ranking it is established that “the portion of [a sports team’s] enterprise value attributable to local revenue streams like television, advertising, merchandise and tickets, that exceeds what a typical team in the same sports generates.”[18]

There are some associated rights to trademarks which are known as personality rights where a player can control how much his personality in the public can be exploited to create a brand value or use it as recognition for a product. When someone uses a player’s name on their goods and does not do well on the goodwill of the player it is a clear case of trademark dilution under Section 29(4) of the Indian Trademark Act. This brand value created by using team names or players’ names can also be used by broadcasters to attract the audience and thus IP law is all mixed up in the sports industry.


Apart from these above-mentioned IP rights, there is one right which though not yet recognized under IP is important for the sports industry. It is trade secret which forms part of all the secret strategies of teams to win or secret compounds in their gears to make playing easy and winnable or any other dietary ingredient. It is not be disclosed to the public unlike patent rights. Generally other teams might try to steal these assets but they are to be necessarily protected so that no other team or player can gain undue advantage on the same.

Data analysis is another trade secret which needs to be protected from being used by fellow competitors. It may involve screening the way other team plays, their loopholes and the team’s strength and weakness in the past few matches. This then later on helps the team to decide how they will strategize their game and also observe patterns in the player’s physiological and psychological behavior. This data is also known as big-data and though India doesn’t recognize a specific trade secret law it still has been given special importance in US and UK with newly introduced legislations.


Design rights are generally an extension of trademark law and copyright law where the difference is only that design first of all is only to refer to aesthetic beauty of the product and cannot include anything technical or anything attributing to the functions of the products. Teams or sports events use beautiful designs for products to be used in the game like bats, balls and other goods to attract the viewer attention. It is highly creative in nature and it aims to enhance the appearance of the goods to be used so that if someone buys the product later they can associate it with the design of the team or the player.

One such example is development of clever bicycle by Lucio Tortola, a cyclist to reduce issues in the back and any chance of injury in bicycle rides. This was designed to be a shock absorber and help the cyclists in future. Now this design has become very famous and used by most of the cyclists across the globe. So design is just not for beauty but to also remove some issues involved in the game and help the future players. [19]

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The author has discussed various IP rights associated with sports and players and how India stands with respect to these rights. There is also another term called ambush marketing apart from these IP rights infringements which is a problem in the sports industry. Generally it is not within the scope of IP law but needs to be addressed whenever any sports issue is under consideration. It is a very prevalent practice these days when some company tries to commercially get advantage on the basis of already established goodwill of an event. They reap commercial gains in this process by unofficially associating themselves with famous sports events and gaining advantage of being a sponsor when they are not.

Relying on afore-mentioned propositions, it is important to recognize the importance of various IP rights in sports and how they can be protected. IP is always an essential ingredient of any commercial activity and since sports is now more of commercial nature it is important to protect it. In this write-up, the author shall discuss how patent, copyright, trademark, designs, trade secret and other IP rights are closely attached to sports and how can they be infringed so that businesses and companies related to sports can avoid such activities. To save a business it is important to save the IP related to it and similar is the stand for sport industry.

[1] F. F. Scott Kieff, Robert G. Kramer &  Robert M. Kunstad, “It’s Your Turn, But It’s My Move: Intellectual Property Protection for Sports Moves”, 25 Santa Clara High Tech. L.J. 765 (2012).

[2] Anita Roy, “Shield of IPR around IPL”,

[3] Vaishali Singh, “The Untapped Emergence of IP Rights and Sports: Faster, Stronger and Higher” (2019) PL (IPR) July 91.

[4] Zia Akhtar, “Sports development, legal infrastructure and protecting Intellectual Property rights”

[5] Article 27TRIPS 1994, “Patentable Subject Matter”.

[6]Leveraging Intellectual Property In The Global Sports Economy: Sports As A Tool For Progress And Development”, Global Innovation Policy Centre,

[7] Derek Bambauer, “ Legal Responses To The Challenges Of Sports Patents”, Harvard Journal of Law & Technology Volume 18, Number 2 (2005).

[8] Section 3(m), The Patent Act, 1970 “a mere scheme or rule or method of performing mental act or method of playing game”.

[9] 447 U.S. 303 (1980).

[10] Sharada Kalamadi, “Intellectual property and the business of sports management”, (2012),

[11] S.K. Verma, “IP Protection of Software and Software Contracts In India”, Vol. 17 JIPR (2012).

[12] Molly Torsen, “Intellectual Property and Sporting Events: Effective

Protection of Event Symbols through Law and Practice”, International Intellectual Property Institute,

[13] Seemantani Sharma, “A Copyright Incentive for Promoting ‘Aesthetic Sports’ in India”, The Entertainment and Sports Law Journal, 17(1), 7,

[14] Case Number: CS(OS)–2252/2011.

[15] MIPR 2013 (1) 201; 2013 (54) PTC 222 (Del).

[16] Paras Sharma, “Intellectual Property Rights In Sports” Volume 8, Issue 3, IJCRT, (2020).

[17] [2003] EWCA Civ 696 (21 May 2003).

[18] M Ozanian “The Forbes Fab 40: The World’s Most Valuable Sports Brands 2017”, Forbes, Forbes Fab 40: Teams (2017).

[19]Reiventing the Frame, Challenging the Status Quo”

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Analysis of Transportation Laws in India, UAE & USA

By: Subham Agarwal

Humankind has always found ways to transport themselves for business, survival, or food. Transportation has always played a significant role socially, economically, culturally, and commercially. Humankind has also always invented new ways to increase the speed of transportation.

The first-ever steam-powered automobile was built in 1769, and the steam-powered railway was built in 1804. In 1885 the first petrol-powered automobile was developed by Karl Benz, and this year is known as the “Birth year of modern car.” This changed the entire landscape of the transporting system, but change comes at a cost. This started causing various traffic deaths and injuries that resulted in many to express concern. In early 1903, New York City introduced the world’s first traffic law regulating speed limit in the city and countryside. With this, many countries started implementing rules to minimize traffic violations. In later years, the government started imposing stricter rules and regulations to reduce traffic violations, deaths, and injuries.

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United Arab Emirates (UAE)

The United Arab Emirates is a country predominated by Muslims. However, in the last few decades, people worldwide have settled there. UAE is famous for various things, one of them being strict laws. UAE has stringent rules for Motor Vehicle. In UAE, transportation law is of recent origin. The first law was “Federal Law No. (21) of 1995 Concerning Traffic”. The transportation system is also of recent origin. The first Bus service in UAE was introduced in Abu Dhabi by the Emirate in 2008 in only four routes.

In addition to it, the first passenger rail was started in 2009, i.e., Dubai Metro, while the Abu Dhabi metro and Sharjah metro are still under construction. Also, the construction work for the goods carrier train network commenced in 2009. The fact that transportation is of very recent origin in UAE, so the transportation law relating to Railways and others still need to be developed.

However, when it comes to Air Transport, Dubai airport is the world’s busiest airport for the last six years. All the airport in UAE is controlled by the General Civil Aviation Authority (GCAA), and they make all the necessary guidelines for the airport and air carriers.

UAE has one of the most strict laws relating to road transport. As we all know, UAE’s laws are mostly based on the Deterrent theory, but it helps UAE reduce its traffic death and injury. In 2006, 190 people died per million in traffic collisions linked to high speed and low safety culture. In 2010 it reduced to 100 per million, and in 2014-2018 it dropped by 34%.

Road and Transport Authority (RTA) regulates and issues licenses in UAE. It also operates jointly with the traffic department to ensure more efficiency in implementing rules. The road transportation in the UAE comprises driving rules, road rules, road types, land, and marine transportation. In Dubai, penalty points system are followed for each violation, and the authority adds black points for every violation. It leads to the seizure of the driving license if it reaches 24 black points within 24 months, the penalty charges are as follows:

  • On the first violation, the driving license is seized for three months
  • On the second violation, the driving license is seized for six months
  • On the third violation, the driving license is seized for a year and is given when the driver passes the driving course signed by the traffic authorities.

Various rules under Transportation Law of UAE are:

  • The minimum legal age for driving is eighteen, and the person has to renew every year up to the age of 21 and then in every ten years.
  • Wearing of seat belts for all the passengers is compulsory. A child seat is mandatory for up to 4 years of age, and no child below the age of ten can sit in the front seat. Violation of any of it is punishable with a fine of AED 400 and 4 black points.
  • Drinking and driving is considered as one of the most severe crimes, and if caught, imprisonment and/or fine of minimum AED 20,000 (4lakhs INR approx.). An additional charge under Narcotics law is filed.
  • Using a mobile phone while driving is strictly prohibited, and if caught, a fine of minimum AED 800 and 4 black points is charged.
  • Driver must also follow the “3-second rule,” i.e., there must be a 3-second distance between two cars, and tailgating is considered an offense.

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These are some traffic rules of the UAE, and the list goes on. Therefore, after looking at these few rules, we can conclude that UAE traffic rules are stringent but needful to avoid accidents and traffic violations. The deterrent model is beneficial, and various country’s legislators should give thought to it.

United States of America (USA)

In the United States of America, transportation consists of road, rail, air, and waterways transport. Travel through roads consist of 40% share, followed by airways and others. In the USA, the highest contributor to Greenhouse gas emission is transportation. Now, looking at the history of transportation, in the 18th century, most of the travels were done by rail, horses, or horse wagons. In this century, most of the population was situated in coastal areas, so traveling from one city to another was very difficult. Then in the 19th century, the automobile revolution took place. People started using motor vehicles, and due to the invention of better air travel, there was a significant shift from rail transport to air transport. In the 20th century, the national highway system came, and the road became the most preferred mode of transportation. Rail transport declined drastically.

In the present situation, all the states have their own traffic rules and guidelines regulated, supervised, and funded by the U.S. Department of Transportation. Although there are different rules for all the states, they are unified by the Uniform Vehicle Code (UVC). It is a model act by the National Committee on Uniform Traffic Law and Ordinances, a private non-profit group. Most of the members of these groups are state governments.

Compared to the various countries, the USA prefers motorized transit than any other form of transportation. 91% of the population owns 4 wheel vehicle, and 86% of workers have private vehicles for commuting to work.

In addition to it, individuals can also have their own private airport in the USA, and all the airlines are private. The airport safety, pilot training, and investigations are done by the Federal Aviation Administration and Transportation Safety Board. The USA has the world’s most developed air transportation system. There is a minimal passenger train or rail network present in the USA, but rail is heavily used to carry goods.

In many U.S. states, traffic offenses are distinguished into two, i.e., traffic misdemeanors and traffic felonies. Traffic misdemeanors are those minor offenses that do not require any hefty long trial. Punishment for these are fines or going to driving school. Traffic felonies are those offenses that endanger the lives of others while driving. For instance, driving a vehicle to hit and kill someone. Punishment for those offenses, which are a year or more imprisonment, comes under the category of traffic felonies.

In most states, the Points System is followed. This is similar to the UAE Black points system. For each offense, points are added in the U.S., and one can reduce it by paying fines or attending driving school. Too many points lead to temporary seizure of license.

Every state has a Department of Motor Vehicle or Bureau of Motor Vehicles, which keep records of the license holders, including tickets issued against such license holders. After being ticketed, a person can inform the local court about the alleged violation, either plea guilty, not guilty, or nolo contender (not to contest) for a specific time period (usually 10-15 days are given). On pleading guilty, the violator can ask the judge to reduce the fine. On pleasing not guilty, a hearing is done before a magistrate or judge, and if acquitted, then all the ticket will be waived off.

Therefore, we can conclude that every state has different rules and regulations in the USA, making it difficult for people who are traveling to various states. We can also see that ticketing and getting justice for that is a very lengthy process and is a significant burden on people. On the positive side, this clumsy process somewhere creates a deterrent in people’s minds before violating any rule.


In India, transportation consists of air, land, water, and rail. Air transport comes under the Ministry of Aviation, and the regulatory authority is the Directorate General of Civil Aviation (DGCA). Land transportation comes under the Ministry of Road Transport and Highway. Waterways come under the Ministry of Shipping, and the regulatory authority is the Inland Waterways Authority of India (IWAI). Lastly, railways come under the Ministry of Railways.

India’s first legislative law on transportation was the “Indian Motor Vehicle Act, 1914” central legislation passed by British India. The act had 18 Sections and gave local government the responsibility of registration and providing licenses to vehicle and drivers, and some regulations.

In India, the maximum number of people are dependent on public transportation. For example, Indian Railways came to India in 1853, running from Bombay to Thane, which is now the world’s 4th largest rail network with the most extensive workforce globally, i.e., 14 lakhs employees.

The potential of air transport in India was first realized in 1911 when an aircraft carried mail from Allahabad to Naini across river Ganga. The first civil aviation company in India was set up by TATA sons in 1932. Then, the Air Corporation Act, 1953, came into force to nationalize the entire industry. Today, the Indian aviation industry is one of the fastest-growing industries, with less nationalize control and more safety regulations work by the government.

In the present day, we are under the provision of the Motor Vehicle (Amendment) Act, 2019. This act amended the 1989 act and imposed more hefty fines on traffic violators. Some of the provisions are:-

  • Driving a vehicle without insurance is punishable with imprisonment up to three months or a fine of Rs 2000 or both for the first offense. Earlier it was Rs 1000.
  • Using a vehicle without registration is punishable with a fine of Rs 2000 to Rs 5000 in case of the first offense and for second and subsequent offense imprisonment up to 1 year or fine of Rs 10,000 or both.
  • In 2016, Good Samaritan Law was passed as Bill on the Supreme Court of India’s judgment. Ministry of Road Transport and Highway later issued guidelines. This law protects citizens who help accident victims from any delay or harassment.

Therefore, we can conclude that the 2019 amendment is going in tune with the UAE deterrent model by imposing hefty fines on violators and also creating awareness among people.

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