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International Law

India Law & Tech India Law & Tech

Legal bits and bytes on High Technology and Communication Services in India.
By Apar Gupta

Post Frequency: 0.7/day

Last Entry: March 27, 2011 at 08:46:38

Recent Entries: 176

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TELECOM REGULATORY AUTHORITY OF

Posted on February 21, 2010
TELECOM REGULATORY AUTHORITY OF INDIA TRAI will be holding Open House Discussion on the Amendments required in the Telecom Consumers? Protection and Redressal of Grievances Regulations, 2007 and Foreign Investment in Broadcasting Sector on 24th and 25th February at Delhi...


Telecom Tiger Correspondent reports

Posted on February 20, 2010
Telecom Tiger Correspondent reports that the Supreme Court (SC) has passed an interim order exempting telecom operators to pay licence fees taking into account revenues from non-telecom services as well. The order is pending a final decision by the court...


No Longer A Moot Problem: The extent of CCI?s jurisdiction

Posted on February 20, 2010
A few months ago, with the ink still not dry on the notification enforcing the Competition Act, 2002, I drafted a moot court problem for the students of my alma matter on it. The problem essentially concerned the jurisdictional hurdles which the Competition Commission of India will have to pass.


Cabinet nod to copyright amendments

Posted on February 19, 2010
The Union Cabinet today approved the proposal to introduce a Bill to amend the Copyright Act, 1957.  The press release notes, that the “Ministry of Human Resource Development has proposed the amendments in order to gain clarity, remove operational difficulties and to address the newer issues that have emerged in the context of digital technology [...


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Experts, Artists and Idiots

Posted on February 19, 2010
Image by Kaddele via Flickr There is rarely been a movie in which Aamir acted which I did not enjoy. His acting, performances and selection of collaborating film artists has been consistently excellent. However, even I know (not bieng the stardust reading type) that Aamir enjoys a bit of a reputation of a gadfly venturing into [...


I just came across this bit of

Posted on February 17, 2010
I just came across this bit of news that  Law Ministry has finally given its approval to the Notice Inviting Application (NIA) that outlines the policy for allocating the 3 G spectrum. As Law Ministry only last month raised certain objections that led to this  deferral of the auction 3 G Spectrum till further notice...


Recently I came across this article

Posted on February 15, 2010
Recently I came across this article in Forbes Magazine which provided a step by step analysis of the proposed 3G auction process.


Yet another spectrum issue? Justice denied to ISP

Posted on February 15, 2010
Yet another spectrum issue? but this time both DoT and TDSAt has to share the blame on an equal basis?!! Last year ISPAI ( a lobbying organization of ISP similar to COAI) sued DoT for making them surrender 2.5 GHz Wimax spectrum and ?discriminating? against ISPs...


4G Pre Consultation : Prophecy and Forecast

Posted on February 11, 2010
The TRAI on the 10th February, 2010 has invited comments on a pre-consultation paper on 4G Spectrum. By the title itself the project seems tentative and unsure. Most news reports reacted negatively to this pre-consultation attempt. The Times of India has termed it, ?creating confusion? jibing at the failure of the TRAI to decide issues of ?allocation, pricing, methodology, transfer and sale of 2G spectrum?...


MNP ? Update

Posted on February 11, 2010
These are certain new developments in relation to my earlier post on MNP. There is an article in today?s Economic Times which refers to DoT?s decision to increase the duration of the entire portability process by seven days which was supposed to be within four days if a customer requests for a change of operator...


Summer Internship Program 2010

Posted on February 05, 2010
Summer Internship Program 2010…… For 10 weeks each summer The Berkman Center for Internet & Society at Harvard University swings opens the doors of its big yellow house to welcome a group of talented, curious, and energetic full-time interns who are passionate about the promise of the Internet and issues related to media and journalism, civic [...


Delayed Further!!!

Posted on February 04, 2010
Recently certain news popped up about the 3 G auction been further delayed. Though it is not being confirmed by the DoT but the Telecom minister has clarified this issue during his interview. This possible delay has not gone well either with the stakeholder or with the policy makers...


Mobile Numbers Portability

Posted on January 24, 2010
I introduce myself as final year student at the National University of Juridical Sciences. My area of academic interest includes Telecommunications Law and regulatory theory in general. As for my credentials I have got few publications at leading International law Journals and have been associated with TDSAT and TRAI on few research projects [...


Important ruling on the taxation of foreign companies carrying calls abroad

Posted on July 11, 2009
The authority for advance rulings in an application filed under section 245Q(1) of the income tax act, 1961 by the Cable & Wireless Networks India Private Limited has held that since, (a) the payments made by the applicant to its foriegn partner are in the nature of business profits; (b) in the absence of there [...


BSNL v. BPL Mobile Cellular: lemonade out of lemons

Posted on July 11, 2009
Adjudicating on an appeal filed by BSNL (the state telecommunication provider), the Supreme Court in the case of BSNL v. BPL Mobile Cellular (Per Sinha, J.) (2008) 13 SCC 597 addressed the applicability of internal circulars of the DoT to modify terms for telecommunication contracts entered under the Telegraph Act...


Radio Interference: Music Broadcast Pvt. v. Union of India

Posted on July 04, 2009
Throughout the annals of precedent there are catenas of cases which are ignored. Their insignificance arises from the common restatements which they contain rather than the novel propositions they advance. The TDSAT decision in Music Broadcast Pvt. Ltd...


Tata Nano : melting perceptions, not ice creams

Posted on May 10, 2009
The Bajaj Chetak remains a symbol of Indian middle class aspirations. In the absence of adequate public transportation services the two stroke scooter remained an affordable way of transport for decades. A similar sentiment seems to have inspired Ratan Tata to create the vision for the Tata Nano...


Tata Nano : melting perception, not ice cream

Posted on May 10, 2009
The Bajaj Chetak remains a symbol of Indian middle class aspirations. In the absence of adequate public transportation services the two stroke scooter remained an affordable way of transport for decades. A similar sentiment seems to have inspired Ratan Tata to create the vision for the Tata Nano...


Two?s Company : TDSAT?s Dual Spectrum Judgment

Posted on April 29, 2009
On 31st March, 2009 the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) pronounced judgment in the case of the Cellular Operators Association of India & Others v. Union of India and Others (Petition No. 286/2007). This case was popularly known as the dual spectrum allocation case and involved the allocation of spectrum to CDMA operators [...


Two's Company : TDSAT?s Dual Spectrum Judgment

Posted on April 29, 2009
On 31st March, 2009 the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) pronounced judgment in the case of the Cellular Operators Association of India & Others v. Union of India and Others (Petition No. 286/2007). This case was popularly known as the dual spectrum allocation case and involved the allocation of spectrum to CDMA operators [...


A broader implementation of human readable contracts

Posted on April 15, 2009
The success and popularity of the creative commons license is symptomatic of the growing sentiment of internet users and authors against the expansionary nature of intellectual property law. The creative commons license allows the authors of creative works to license out of default copyright provisions and allows greater rights to the users of their works...


Article on Patent Law

Posted on February 03, 2009
Recently I was interviewed for an article, published in a I.T. Magazine titled, “Are Patents Blocking Indian Tech Innovation?”, interested readers can find the article on the following link.


Article on Patent Law

Posted on February 03, 2009
Recently I was interviewed for an article, published in a I.T. Magazine titled, “Are Patents Blocking Indian Tech Innovation?”, interested readers can find the article on the following link.


Talk on the empirical examination of business outsourcing transactions

Posted on January 26, 2009
Today I attended an interesting workshop on a paper by Prof. George S. Geis on business outsourcing contracts as part of the ongoing Law and Economics workshop series. At the very beginning Prof. Gies noted that there was very little empirical data or studies on outsourcing contracts due to the inherent confidentiality (due to fear [...


Talk on the empirical examination of business outsourcing transactions

Posted on January 26, 2009
Today I attended an interesting workshop on a paper by Prof. George S. Geis on business outsourcing contracts as part of the ongoing Law and Economics workshop series. At the very beginning Prof. Gies noted that there was very little empirical data or studies on outsourcing contracts due to the inherent confidentiality (due to fear [...


Two Acts, One Trick

Posted on January 23, 2009
Within hours of the terrorist attacks in Mumbai, news channels were making comparisons of the attacks to the terror strike on the World Trade Center on September 11, 2001. The invented coinage, ?India?s 9/11? gained quick currency and was applied to how the attacks had affected each one of us individually...


Two Acts, One Trick

Posted on January 23, 2009
Within hours of the terrorist attacks in Mumbai, news channels were making comparisons of the attacks to the terror strike on the World Trade Center on September 11, 2001. The invented coinage, ?India?s 9/11? gained quick currency and was applied to how the attacks had affected each one of us individually...


The Folly of Convention

Posted on October 20, 2008
TRAI recently issued a consultation paper on Media Ownership where it was concerned with the increase in cross-ownership and reduction in media plurality. After some research I came across several FCC commissioned studies which concluded that there was a lack of evidence to link the two...


The Folly of Convention

Posted on October 20, 2008
TRAI recently issued a consultation paper on Media Ownership where it was concerned with the increase in cross-ownership and reduction in media plurality. After some research I came across several FCC commissioned studies which concluded that there was a lack of evidence to link the two...


Civil Procedure and the Internet

Posted on October 17, 2008
The Delhi High Court in the case of Frank Finn Management Consultants v. Subhash Motwani and Another (CS(OS) 367/2002) determined the scope of its jurisdiction under Section 19 of the Code of Civil Procedure, 1908 while making refrence to the availibility of the publication on the internet...


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