Pertormer’s Rights in India

The overall focus of the thesis involves the performer's rights in india -A study with special reference to the audiovisual industry.The performer is the disseminator of works of literary, dramatic artistic and musical authorship .The challenge of studying the audiovisual industry is the low level of data documentation and transparency in transactions compounded by the low awareness of legal issues. The first five chapters of the study trace the evolution of performers’ rights with particular impetus on three diverse jurisdictions both at the judicial and statutory levels as well as from the collective bargaining platform.The study also seeks to pin point the major obstacles that the performers have had to encounter in their quest for equal rights under the umbrella of intellectual property the world over.the status of the performer through the international instruments - the Rome convention, the WPPT and the envisaged Protocol to the audiovisual performance.A grant of rights to the performer either under Copyright or labor law need not improve matters for the performer unless the institutional grievance redressal is firmly put in place.There is a need for clearer delineation between the definitions of audio and audiovisual fixations. Under the Indian law the terms representing these have been sound records and cinematographs respectivel.Performer and the Philosophy of Intellectual Propertyeffectively. But this is not to deny the fact that these institutions, organizations and practices could very well rise to the occasion when the rights regime comes into force.

Legal Protection for Consumer of Pharmaceutical Products

The overall focus of the thesis involves the legal protection for consumers of pharmaceutical products.The work on “Legal Protection for Consumers of Pharmaceutical Products” is undertaken to study the legal framework that is existing for this purpose and the functioning of regulating mechanism that is envisaged under it. The purpose of the study is to analyse how far these measures are effective in adequately protecting various aspects of consumer interest. Methodology adopted for the study is analytical.The present study revealed that the theory of freedom of contract is only an ideal relevant when the parties are assumed to be on equal footing.In a more complicated social and economic society, it ceased to have any relevance. Many countries in the world enacted legislations to protect the consumers of pharmaceutical products.The meaning of ‘consumers of drugs’ provided in the law is inclusive and not exhaustive one. The definition of ‘drug’ as interpreted by the courts is comprehensive enough to take in it not only medicines but also substances. The meaning of the word substances has been widened by the interpretation of the courts so as to include all the things used in treatment.The definition of the word ‘consumer’ has been liberally interpreted by the courts so as to provide protective net to a large section of the public.The studies subsequent to this report also revealed that there is a shortage of essential drugs necessary to cure local diseases like tuberculosis and malaria where as drugs containing vitamins and other combinations which are more profitable for the manufacturers are produced and marketed in abundance.The study of the provisions in this regard revealed that the duty of the drug controlling authorities is confined to scrutinize the data of the clinical test already conducted by the sponsor of the drug.Study of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational productStudy of the clinical trial procedure under the U.S. law revealed that there is a continuous supervision over clinical trials and controls are provided on the treatment use of an investigational product.the study of the provisions of the Drugs and Cosmetics Act and the rules framed under it revealed that the law in this regard is comprehensive to protect the consumer provided it is sufficiently supported by adequately equipped enforcement machinery.

Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law

This thesis entitled Exceptions and limitations to intellectual property rights with special reference to patent and copyright law.The study on the limitations and exceptions to copyright and patent was mainly characterized by its diversity and flexibility. The unique feature of limited monopoly appended to intellectual property was always a matter of wide controversy.The historical analysis substantiated this instrumentalist philosophy of intellectual property.the study from a legal space characterized by diversity and flexibility and end up in that legal space being characterized by homogeneity and standardization. The issue of flexibility and restrictiveness in the context of TRIPS is the next challenging task. Before devising flexibility to TST, the question to be answered is whether such a mechanism is desirable in the context of TRIPS.In conclusion it is submitted to reorient the intellectual property framework in the context of the noble public interest objectives.

Rights of the Prisoner: An Evolving Jurisprudence

Imprisonment is the most common method of punishment resorted to by almost all legal systems.The new theories of crime causation propounded in the latter half of the nineteenth century gave rise to the feeling that the prisons could be used as appropriate institutions for reforming the offenders. It called for individualisation of punishment.As a result of international movements for humanisation of prisons the judiciary' in tine common law countries started taking active interest in prisoner's treatment.Various studies reveal that much has been done in America to improve the lot of prisoners and to treat them as human beings.The courts there have gone to the extent of saying that there is no iron curtain between a prisoner and the constitution. Most of the rights available to citizens except those which they cannot enjoy due to the conditions of incarceration have also been granted to prisoner.In India also the judiciary has come forward to protect the rights of the prisoners.Maneka Gandhi is a turning point in prisoner's rights.The repeated intervention of courts in prison administration project the view that prisoners have been denied the basic human rights.The High Courts and the Supreme Court of India have been gradually exercising jurisdiction ixl assuming prison justice, including improving the quality of food and amenities, payment of wages and appropriate standards of medical care. Access to courts must be made easier to the aggrieved prisoners.The government should come forward along with some public spirited citizens and voluntary organisations to form a "discharged prisoner“ aid society. The society should exploit opportunities for rehabilitation of prisoners after their release.Most of the prison buildings in the State of Kerala are ill-equipped, ill furnished and without proper ventilation or sanitation and with insufficient water supply arrangements.In India prisoners and prisons today are governed by the old central legislations like Prisons Act l894 Prisoners Act 1900 and the Transfer of Prisoners Act 1950.

Determinants of Consumer Purchase Decisions of Health Insurance in Kerala

This research work was to study the level of awareness of consumers about health insurance concept and market, consumer perceptions about health insurance providers, schemes and various factors that influence buying decision of health insurance. There is need to bring entire age group – high risk and low risk under health insurance cover. Widening the cover of health insurance calls for indepth understanding of consumer thinking and extensive marketing efforts based on that. Hence the study of consumer perceptions and the impact of different contributing factors on consumer purchase decision assume significance to the marketer. Understanding the consumer thinking on health insurance will also be of relevance to governmental/non governmental agencies, as affordable health care to all is a policy objective of the government and new schemes are being launched in this area.

“Rights of Women against Domestic Violence - The Law and Emerging Challenges”

Domestic violence is a gender based violation of human rights having multi- dimensional repercussions in the well- being of individuals in family and society. The Indian legislation to protect the women from domestic violence is significant in providing a mechanism for enforcing positive civil rights of protection and injunction orders to the victims of domestic violence along with the existing remedies of criminal sanctions. However the Act was brought in the backdrop of an established tradition of cohesive and stable family setting. This, in turn, results in the emergence of new issues and challenges which necessitates deeper understandings of indigenous sociocultural institutions in India i.e., marriage and family. This study is an attempt to analyse the Indian law on domestic violence and to assess whether the law addresses and answers the problems of domestic violence effectively in the culture specific setting of India

Model Development and Validation for Studying Consumer Preferences of Car Owners

Globalization and liberalization, with the entry of many prominent foreign manufacturers, changed the automobile scenario in India, since early 1990‟s. Manufacturers such as Ford, General Motors, Honda, Toyota, Suzuki, Hyundai, Renault, Mitsubishi, Benz, BMW, Volkswagen and Nissan set up their manufacturing units in India in joint venture with their Indian counterpart companies, by making use of the Foreign Direct Investment policy of the Government of India, These manufacturers started capturing the hearts of Indian car customers with their choice of technological and innovative product features, with quality and reliability. With the multiplicity of choices available to the Indian passenger car buyers, it drastically changed the way the car purchase scenario in India and particularly in the State of Kerala. This transformed the automobile scene from a sellers‟ market to buyers‟ market. Car customers started developing their own personal preferences and purchasing patterns, which were hitherto unknown in the Indian automobile segment. The main purpose of this paper is to come up with the identification of possible parameters and a framework development, that influence the consumer purchase behaviour patterns of passenger car owners in the State of Kerala, so that further research could be done, based on the framework and the identified parameters

Conceptualisation Of Model For Studying Consumer Purchase Behaviour Of Passenger Cars

Automobile Industry in India is influenced by the presence of national and multi-national manufacturers. The presence of many manufacturers and brands in the state provides many choices to the customer. The current market for car manufacturers has been transformed from a monopoly of one or two manufacturers in the seventies to oligopoly of many manufacturers in the current marketing scenario. The main objective of the research paper is to explore and conceptualize various parameters and develop a model, which influence the purchase patterns of passenger cars in the State of Kerala. Thus, the main purpose of this paper is to come up with a model, which shall facilitate further study on the consumer purchase behaviour patterns of passenger car owners in the State of Kerala, India. The author intends to undertake further quantitative analysis to verify and validate the model so developed. The main methods used for this paper are secondary research on available material, depth interview of car dealers, car financing agencies and car owners in the city of Cochin, in Kerala State in India. The depth interviews were conducted with the use of prepared questionnaire for car dealers, car customers and car financing agencies. The findings resulted in the identification of the parameters that influence the consumer purchase behaviour of passenger cars and the formulation of the model, which will be the basis for the further research of the author. The paper will be of tremendous value to the existing and new car manufacturers both indigenous and foreign, to formalize and strategies their policies towards an effective marketing strategy, so as to market their models in the State, which is known for its high literacy, consumerism and higher educational penetration

Developing a Theoretical Framework for a Study on the Impact of Advertising Credibility of Consumer Healthcare Products

The tough competition in the global and national markets and new trends in consumerism resulted in an increase in the volume of advertisements. Sometimes advertisers are successful in achieving their intended objectives with a particular advertisement and sometimes they are not .These factors contributed a lot towards the decision making problems of advertising agencies with regard to the selection of appropriate advertising strategies and tactics. The tough competition and large volume of advertising make the consumers confused and this even created doubts in the minds of consumers about the genuineness and reliability of manufacturers and products. These factors caused a query regarding the active role of credibility element in advertising. The proposed study examines the effects of advertising credibility in consumer health care non durable product advertising on communication effect, purchase behavior and ad skepticism. This paper examines the need for the study of advertising credibility and reviews the advertising- consumer behaviour- credibility – healthcare theories which form a basis for the study. It identifies the different components and dimensions of advertising credibility and the importance of communication effect, purchase behavior and ad skepticism. It also studies the relevance of credibility in the consumer healthcare products advertising and suggests a Theoretical Framework for the proposed study

Dominant partial least square factors of consumer purchase behaviour of passenger cars

Globalization and liberalization, with the entry of many prominent foreign manufacturers, changed the automobile scenario in India, since early 1990’s. World Leaders in automobile manufacturing such as Ford, General Motors, Honda, Toyota, Suzuki, Hyundai, Renault, Mitsubishi, Benz, BMW, Volkswagen and Nissan set up their manufacturing units in India in joint venture with their Indian counterpart companies, by making use of the Foreign Direct Investment policy of the Government of India, These manufacturers started capturing the hearts of Indian car customers with their choice of technological and innovative product features, with quality and reliability. With the multiplicity of choices available to the Indian passenger car buyers, it drastically changed the way the car purchase scenario in India and particularly in the State of Kerala. This transformed the automobile scene from a sellers’ market to buyers’ market. Car customers started developing their own personal preferences and purchasing patterns, which were hitherto unknown in the Indian automobile segment. The main purpose of this paper is to develop a model with major variables, which influence the consumer purchase behaviour of passenger car owners in the State of Kerala. Though there are innumerable studies conducted in other countries, there are very few thesis and research work conducted to study the consumer behaviour of the passenger car industry in India and specifically in the State of Kerala. The results of the research contribute to the practical knowledge base of the automobile industry, specifically to the passenger car segment. It has also a great contributory value addition to the manufacturers and dealers for customizing their marketing plans in the State

Dominant Mean Percentage Score Factors Of The Consumer Purchase Behaviour Of Passenger Cars

Globalization and liberalization, with the entry of many prominent foreign manufacturers, changed the automobile scenario in India, since early 1990’s. World Leaders in automobile manufacturing such as Ford, General Motors, Honda, Toyota, Suzuki, Hyundai, Renault, Mitsubishi, Benz, BMW, Volkswagen and Nissan set up their manufacturing units in India in joint venture with their Indian counterpart companies, by making use of the Foreign Direct Investment policy of the Government of India, These manufacturers started capturing the hearts of Indian car customers with their choice of technological and innovative product features, with quality and reliability. With the multiplicity of choices available to the Indian passenger car buyers, it drastically changed the way the car purchase scenario in India and particularly in the State of Kerala. This transformed the automobile scene from a sellers’ market to buyers’ market. Car customers started developing their own personal preferences and purchasing patterns, which were hitherto unknown in the Indian automobile segment. The main purpose of this paper is to come up with the identification of possible parameters and a framework development, that influence the consumer purchase behaviour patterns of passenger car owners in the State of Kerala, so that further research could be done, based on the framework and the identified parameters.

Sustainability and Consumer Preference of Wild Caught Ornamental Fishes from Kerala: Scope of Certification

The Indian ornamental fish industry is divided into two-the domestic market and the export market. 90% of the freshwater ornamental fish exported from India are wild caught indigenous species. The study formed the criteria and indicators assessing the sustainability of wild caught ornamental fish exported from India. These indicators were then analyzed for their interactions, connections, linkages and relationships using cognitive mapping. The work is first of its kind in the ornamental fisheries

Labelling schemes for organic food: Consumer attitudes, preferences and willingness-to-pay in six European countries

Since July 2010, all pre-packed organic food produced in the European Union (EU) must carry the new mandatory EU logo for organic food. Voluntary organic labels (such as national governmental logos and logos of private farmers’ associations and control bodies) can still be used, but only in addition to the mandatory EU logo. This change in the regulatory environment of organic labelling raises a number of questions regarding consumer preferences for different kinds of organic certification logos, which the present dissertation addressed. The first objective was to explore and analyse consumer perceptions, attitudes, preferences and willingness-to-pay (WTP) regarding different voluntary organic labels. The second objective was to investigate consumer perceptions and attitudes towards a mandatory EU logo. A combination of qualitative and quantitative methods of consumer research in six European countries was employed including focus group discussions, choice experiments and structured interviews. Based on the empirical results, recommendations are drawn for different actors in the organic sector.