Legal Directions Newsletter December 2018

Newsletter on Indian and International Legal Affairs An initiative of RMN Foundation humanitarian organization VOL. I | ISSUE 4 | December 2018

Legal Directions Law Simplified

By Rakesh Raman

Panelists discuss the judicial role in developing IP law and the value of transnational dialogue. Photo: WIPO/Berrod

WIPO Hosts First Intellectual Property Judges Forum The World Intellectual Property Organization (WIPO) invited judges to engage in the transnational dialogue at the inaugural meeting of the Intellectual Property Judges Forum held in Geneva, Switzerland on November 7 – 9, 2018.

The Forum aimed to provide a platform for judges from across the globe to exchange their expertise on the most pressing intellectual property (IP) challenges raised by accelerating innovation and the increasingly cross-border use of IP.

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WIPO Director General Francis Gurry and other speakers addressed the participants at the Forum. According to WIPO, more than 100 judges from 64 countries gathered at WIPO’s headquarters in Geneva for the first-ever Intellectual Property Judges Forum.

Trilateral Meeting Held in Mexico City to Discuss Antitrust Enforcement Antitrust agency heads from the United States, Canada, and Mexico met on November 8 in Mexico City to discuss their ongoing work to ensure consistent and effective antitrust enforcement and increased cooperation among the three nations.

Photo: Department of Justice

The meeting included Assistant Attorney General Makan Delrahim of the U.S. Department of Justice’s Antitrust Division, Federal Trade Commission Chairman Joseph J. Simons, Canadian Acting Commissioner of Competition Matthew Boswell, and President Alejandra Palacios of the Mexican Federal Economic Competition Commission.

The discussions covered a range of topics including developments and priorities, challenges for enforcers in times of antitrust populism, and procedural fairness in antitrust investigations. The officials also are exploring ways to deepen cooperation and convergence on sound antitrust principles.

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“The Division’s close relationship with our antitrust colleagues in Mexico and Canada is critical to sound antitrust enforcement in North America,” said Assistant Attorney General Delrahim.

“We look forward to our continued efforts to work with our international partners to promote competition to the benefit of consumers.”

“Strengthening ties with our closest neighbors is always a top priority, and I look forward to finding new avenues for cooperation,” said Federal Trade Commission Chairman Joseph J. Simons.

Application of Artificial Intelligence in Justice System In order to remove the human subjectivity and corruption from the judicial systems, computer scientists are increasingly using advanced information technology (IT) tools in the legal ecosystem.

Artificial Intelligence (​AI​) and its use with Machine Learning (ML) are among the contemporary technologies that have proved their utility in the emerging justice system.

The application of AI has already produced robot lawyers and chatbots that interact with humans to help them present their cases in traditional courts.

But now research shows that digital algorithms are poised to bring more transparency to the justice system, as the conventional court judgments given by judges will be supported by the dedicated AI expert systems.

Recently, the European Commission for the Efficiency of Justice (CEPEJ) and the Courts Administration of the Latvia organized a conference on "Artificial Intelligence at the Service of the Judiciary" in Riga (Latvia).

The conference brought together representatives of the academic world, justice professionals, judicial institutions from different European countries to explore how AI can be used to support the work of legal professionals and courts and ensure a better quality of justice.

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Master of Laws in Intellectual Property This Master Degree - Master of Laws (LL.M) - in Intellectual Property is being offered jointly with the WIPO Academy and Queensland University of Technology, and with the financial assistance from the Government of the Republic of Korea.

Subjects covered are General introduction to intellectual property, Patents and biotechnological inventions, Copyright and related rights, Trademarks, Domain names and geographical indications, Industrial designs law and practice and plant variety protection, Traditional knowledge and other emerging issues, Interface between antitrust and IP rights, Intellectual property management and commercialization.

Classes are delivered by academics from the Queensland University of Technology, Brisbane, visiting lecturers from other leading universities, IP professionals and staff of WIPO and co-organizers.

NIC to Support Modernization of Courts in Morocco Morocco and India signed an agreement in November to further mutual legal assistance in Civil and Commercial Courts. India’s Minister of Law & Justice, Ravi Shankar Prasad, and his Moroccan counterpart Mohammed Auajjar, Minister of Justice, were present on the occasion.

Speaking on the occasion, Prasad said that India believes in the necessity of enhancing the domain of mutual cooperation with Morocco and realizing the importance of broadening the aspects of cooperation between both the countries in Civil and Commercial matters.

The salient features of the agreement are: ●

Service of summons and other judicial documents or processes;

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Taking of evidence in civil matters;

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Production, identification or examination of documents, recordings;

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The execution of a Letter of Request for taking of evidence in civil matters;

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Recognition and enforcement of arbitral awards.

A joint declaration of intent on cooperation in the field of modernization and use of information technology between National Informatics Center (​NIC​) of Government of India and Ministry of Justice of the Kingdom of Morocco was signed.

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India’s Minister of Law & Justice, Ravi Shankar Prasad, and his Moroccan counterpart Mohammed Auajjar, Minister of Justice. Photo: PIB

The objective is to strengthen e-Governance including modernization of courts using IT as a tool to the mutual benefit of both sides by means of exchange of best practices, field visits of officials and experts and by such other means as may be jointly decided by the two sides.

Earlier, the Center for Development of Advance Computing (CDAC), Government of India, had set up a Center of Excellence in Information Technology in Casablanca in Morocco. This center was inaugurated on 7th May, 2018.

Supreme Court of India Offers Middle Income Group Scheme In order to provide economical legal services to the citizens of India, the Supreme Court Middle Income Group Legal Aid Society offers a dedicated Scheme.

The Scheme known as "Supreme Court Middle Income Group Legal Aid Scheme," is being managed by a Governing Body of 15 members including judges and senior advocates.

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Mr. Justice Ranjan Gogoi, the Chief Justice of India, is the Patron-in-Chief of the Scheme while Mr. Justice Madan B. Lokur is the President and Mr. K. K. Venugopal, Attorney General for India, is the Ex-officio Vice-President.

This Scheme provides legal services to the middle income group citizens whose gross income is not exceeding Rs. 60,000 per month or Rs. 7,50,000 per year.

Campaign Launched to Protect Mueller Investigation Against Trump While the U.S. President Donald Trump is leaving no stone unturned to discredit the special counsel Robert Mueller's Trump-Russia investigation, a new ​campaign is asking Americans to urge the U.S. senators to protect the ongoing probe.

Currently, Mueller is leading a judicial team to know the extent of Trump-Russia ties that allegedly helped Trump win the 2016 presidential race.

“The Senate has the opportunity to show bipartisan support and protect the Mueller investigation — and Senate Majority Leader Mitch McConnell has completely halted any chance of this bill getting approved,” the​ campaign​ argues.

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It asks people to email their senators so they could urge McConnell to allow this bill to come to a vote on the Senate floor and tell them to stop any of Trump’s judicial nominees until McConnell puts the interests of the country ahead of Trump’s.

The bipartisan bill ensures that acting Attorney General Matthew Whitaker — who has been “nominated unconstitutionally to protect Trump” cannot fire Mueller and that the investigation will continue.

Pro Bono Legal Help Needed to Stop Pollution in Delhi The dust and noise pollution in Delhi is increasing because of government’s ill-conceived floor area ratio (FAR) construction policy.

Deadly dust and noise pollution is caused by FAR construction in occupied cooperative group housing societies of New Delhi in India

The FAR construction in occupied group housing ​societies – where millions of people live – is

spreading lethal pollution that is harmful to children, men, and women including senior citizens. This construction is supported by a criminal nexus between deep-pocket builders and corrupt politicians / government officials. The total corruption money involved in FAR construction in Delhi is thousands of crores of rupees.

As all attempts have failed to get the construction and pollution stopped, we need to approach the courts to seek justice and save the rights and lives of people who want to live in a clean, peaceful environment. Therefore, the legal community is urged to provide pro bono (free) legal help in this environment protection campaign. You can ​click here to study​ the case report.

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ICC Judges Amend the Regulations of the Court On 12 November 2018, the judges of the International Criminal Court (ICC) adopted amendments to the Regulations of the Court during their fortieth plenary session. The amendments address a number of procedural issues arising in connection to the activation of the jurisdiction of the Court over the crime of aggression as of 17 July 2018 by the Assembly of States Parties at its sixteenth session on 14 December 2017.

Photo: ICC

Pursuant to article 52(3) of the Rome Statute, the judges determined that the amendments enter into force on 15 November 2018. Regulations 13, 45 and 46 of the Regulations of the Court have been amended.

The adopted amendments ensure clarity on certain matters related to the exercise of judicial functions by the Pre-Trial Division under article 15​bis​(8) of the Rome Statute. They clarify the

composition of the Pre-Trial Division for such purposes and provide for the election of a Presiding Judge.

The amendments also address a number of procedural matters concerning the availability of a situation record and the assignment of situations to a Pre-Trial Chamber by the Presidency. An

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informational note setting out the precise amendments adopted is available in French and English​.

These amendment proposals were placed before a plenary session of the judges by the Court's Advisory Committee on Legal Texts, which consists of three judges (one from each Division), one representative from the Office of the Prosecutor, one representative from the Registry, and one representative of counsel included in the Court's list of counsel.

The amendments to the Regulations of the Court will be circulated to States Parties for comments. Pursuant to article 52(3) of the Rome Statute, if within six months from circulation, there are no objections from a majority of States Parties, the amendments shall remain in force.

Pending Cases in Indian Courts As most Indian politicians and bureaucrats are extremely inefficient or illiterate, they do not take decisions to resolve public problems. They keep throwing written public ​complaints from one official desk to another. Consequently, citizens are left with no other option but to

approach the courts. As courts are always overcrowded, their decisions are either inordinately delayed or lack justice.

Pendency Pie Chart as on November 26, 2018 Source: National Judicial Data Grid of India

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President Inaugurates Constitution Day Celebrations at Supreme Court The President of India, Ram Nath Kovind, inaugurated the Constitution Day celebrations organized by the Supreme Court in New Delhi to mark the anniversary of the adoption of Constitution on November 26, 1949.

Speaking on the occasion, the President said that the Constitution is the modern scripture of independent India and it is more than just a collection of articles and clauses. For us Indians it is an inspirational and living document, an ideal of the society we are and the even better society we are striving to be.

Ram Nath Kovind at the inauguration of the Constitution Day celebrations organised by the Supreme Court of India, in New Delhi on November 26, 2018. Photo: PIB The President said that in India, the idea of social justice too has expanded to encompass modern civic parameters – such as clean air; less ​polluted cities and towns, rivers and water bodies; sanitary and hygienic living conditions; and green and eco-friendly growth and development.

These are all implications of environmental and ​climate justice​, within the framework of social justice. If a child suffers from asthma due to air pollution it would be considered a gap in providing social justice, he said.

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The President said that perhaps the most significant influence on justice is that of technology.

Technology is an enhancer of justice as well as a challenge. It calls for us to think of ​technology justice as a subset of economic justice. This is very true in the context of access to technology for our poorer and less-privileged fellow citizens, he said.

The President said that innovation and technology have brought gains. But they have also brought questions of access and privacy. For example, he said, there is the dilemma of weighing data privacy against the use of data for the greater common good. Within these competing imperatives lie competing notions of justice. And such issues will probably stay with us through the 21st century.

Write for Legal Directions Newsletter

RMN Foundation has launched ​Legal Directions which is a monthly newsletter on Indian and

international legal affairs. Currently, the newsletter project is being managed by Mr. Rakesh Raman who is a national award-winning journalist and founder of RMN Foundation.

Legal Directions i​ nvites legal professionals, advocates, teachers, and students to contribute their editorial articles for the newsletter. You may please submit the articles with your brief profile to Mr. Rakesh Raman (Email: contact@rmnfoundation.org). Students from all across the world are also invited to ​participate​ as volunteers in this project.

New Website for Women Trailblazers in the Law The American Bar Foundation (ABF) has partnered with the American Bar Association (ABA) and Stanford Law School’s Robert Crown Law Library to launch a new website for the oral history project “Women Trailblazers in the Law.” The website offers open access to the oral histories of more than 100 senior women who have made important contributions to the law and have opened opportunities for other women in the profession.

It captures the full-life oral histories of women pioneers in the legal profession nationwide, memorializing their stories in their own voices and preserving their experiences and observations for future generations.

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These women were chosen for their accomplishments and contributions across all areas of the legal profession: the judiciary, academia, law firms, government, corporations, and public interest organizations.

Read and Download RMN Publications

Raman Media Network (RMN) Company – which is an integrated technology media and entertainment ​company – is working in diversified content creation, management, and

distribution businesses on a global scale. Among other content-based activities, the company runs 4 global news sites on different subjects.

The company also publishes and distributes digital content products and magazines among readers around the world. You can ​read and download our digital products that cover diverse content streams.

Download Previous Issues of Legal Directions September 2018

October 2018

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Appeal for Donations RMN Foundation - the publisher of ​Legal Directions newsletter - is a humanitarian organization that was formed in May 2015 as an educational and public charitable Trust for

the benefit of humanity at large. It is registered with the Government of National Capital Territory of Delhi at New Delhi, India.

Currently, all the activities of RMN Foundation are being managed single-handedly (without any support) by RMN Foundation founder Rakesh Raman who had left his job a few years ago to run this charity.

As RMN Foundation has embarked upon some major humanitarian projects during the past over 3 years, now it needs a significant amount of funds in the form of ​donations to expand the scope of its activities.

Individual Indian donors can help RMN Foundation with their contributions using the following bank details: Bank Name: ICICI Bank Bank Branch: HL Square, Plot No. 6, Sector 5 (MLU), Dwarka, New Delhi 110 075 Account Number: 025005004368 Account Name: RMN Foundation Type of Account: Current IFSC Code: ICIC0000250

International Law and Emerging Powers The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on May 17-18, 2019 at Howard Civil Service International House in Taipei. The theme of the Research Forum is “International Law and Emerging Powers: New Policy Challenges in the Asia-Pacific.”

The Research Forum will feature two keynote speakers: Dr Christopher Ward SC, President of the ILA and Justice Chang-fa Lo of the Constitutional Court.

Paper proposals were invited to be submitted by December 10, 2018. Selected papers will be published in the Chinese (Taiwan) Yearbook of International Law and Affairs.

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The call for paper is available at the Research Forum ​website​. Members of the organizing committee include Professors Chun-i Chen, Weixia Gu, Pasha Hsieh, Nigel Li, Torsten Stein, Lisa Toohey, and Pei-Lun Tsai.

Special Courts to Handle Criminal Cases of Indian Lawmakers The Supreme Court of India has ordered the setting up of special courts to expedite the trial of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs).

The apex court also asked the Sessions Courts in the states to try on a priority basis the criminal cases pending against former and incumbent MPs and MLAs. Reports suggest that a staggering 4,122 criminal cases are pending against MPs and MLAs. The ​data received from states and High Courts shows that there are 2,324 cases out of 4,122 pending against incumbent MPs and MLAs. Similarly, 1,675 cases are pending against former MPs and MLAs. The data also reveals that in 264 cases, trial has been stayed by High Courts. Moreover, 440 cases involving life sentence are pending against sitting and former lawmakers.

Top ICC Officials Join Gender Champions Network In order to break down gender barriers at all levels, top officials of the International Criminal Court (ICC) - President Chile Eboe-Osuji, Prosecutor Fatou Bensouda, and Registrar Peter Lewis - have joined the "International Gender Champions" network.

This global leadership network brings together decision-makers determined to break down gender barriers and make gender equality a working reality in their spheres of influence.

"The International Criminal Court needs to reflect in all its relevant policies the goal of equal representation of women and men – from all regions – in its workforce," ICC President Chile Eboe-Osuji stated.

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By becoming International Gender Champions, the three officials agree to support the International Gender Champions Panel Parity Pledge. This pledge calls on the individual Gender Champion to challenge the absence of female speakers by discussing panel composition with event organizers, recommending female speakers, and creating a positive mindset for the inclusion of women in all discussions affecting society.

ICC leadership also collectively committed to establishing an ICC Focal Point for Women Mechanism within the Court, to systematically assess and strengthen the status of women within the organization.

The three officials will also take concrete action to raise gender awareness and advance gender parity among ICC staff. Initiatives include introducing a mentorship program tailored for female staff; promoting access to professional development trainings to develop career-enhancing leadership and management skills; and organizing gender awareness trainings for staff.

The International Gender Champions (​IGC​) leadership network was launched in July 2015 at the Palais des Nations in Geneva and hubs have been established in New York, Vienna, and Nairobi.

The Hague Hub will be officially launched on 5 February 2019.

Meet the Editor

The editor of this newsletter ​Rakesh Raman is a national award-winning journalist and social activist. Besides working at senior editorial positions with leading media companies, he was writing an exclusive edit-page column regularly for The Financial Express (a daily business newspaper of The Indian Express Group).

Nowadays, for the past over 7 years, he has been running his own global news services on different subjects. He also has formed a free Education and Career Counselling Center for deserving children at a poor J.J. Colony in Dwarka, New Delhi under his NGO – RMN Foundation.

He is running a community-driven free online social service under the banner “​Clean House​” to help the suffering residents of Delhi raise their voice against the growing corruption and injustice in group housing societies where millions of people live. He creates and distributes a number of ​digital publications that cover areas such as technology, law, environment, corruption and transparency.

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Earlier, he had been associated with the United Nations (UN) through United Nations Industrial Development Organization (UNIDO) as a digital media expert to help businesses use technology for brand marketing and business development.

Collaboration with Legal Directions Project The ​Legal Directions newsletter is being published by RMN Foundation. It is being circulated among top legal professionals, law colleges / universities, law-enforcement agencies, civil society organizations, social activists, and others in India and abroad.

RMN Foundation is looking for sponsors and collaborators across the world who can help us expand the legal content activity around ​Legal Directions​.

Contact

Rakesh Raman Founder RMN Foundation

463, DPS Apts., Plot No. 16, Sector 4, Dwarka, Phase I New Delhi 110 078, INDIA

Contact by email