Court allows Italian ship to leave India

May 3, 2012

02_italy_ship_1070947eNew Delhi, May 3: In a conditional relief to Italy, whose merchant ship was seized following the shooting to death of two Kerala fishermen by two marines on board, the Supreme Court on Wednesday allowed the vessel to leave India, along with the crew and the remaining marines.

But a Bench of Justices R.M. Lodha and H.L. Gokhale directed them to make themselves available whenever they were required by Indian authorities during the investigation into the shooting and prosecution of the two marines, who are in judicial custody.

Setting aside the Kerala High Court's order restraining Enrica Lexie from leaving India, the Bench directed the ship owner to execute a bond for Rs. 3 crore before the Registrar-General of the High Court as a surety for the presence of the crew and the vessel whenever required.

“In view of the clear position taken by the Kerala government that [the] vessel was not [the] object of [the] crime, nor [do the] circumstances create suspicion of offence by the vessel, the seizure of [the] vessel cannot legally stand. In view thereof, the entire reasoning given by the Division Bench of the High Court does not survive. So, the order has to go,” the Bench said.

It directed that the crew members make themselves available before the authorities within five weeks of receiving summonses or notice from Indian agencies. It also ordered that the vessel be brought before the legal authorities within seven weeks of receiving summonses or notice.

The Bench made it clear that its order would not affect the Kerala government's right to conduct the investigation and the prosecution of the two marines.

At the start of the proceedings, the Italian government said the incident was related to the affairs between two sovereign nations and assured the court that its marines would be available whenever they were required. But the Centre and the Kerala government vehemently objected to the submission, after which Italy modified its views on some issues.

The court also made it clear that it was not going into the legality of the agreement between the foreign government and the family members of the deceased fishermen.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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News Network
January 1,2020

Jan 1: Two army personnel were killed in a gunfight with heavily-armed Pakistani infiltrators along the Line of Control (LoC) in Jammu and Kashmir's Rajouri district on Wednesday, officials said.

The infiltrators were intercepted in the Khari Thrayat forest when they were trying to sneak into India from Pakistan-occupied Kashmir (PoK), they said.

"Two army soldiers martyred during cordon and search operation in Nowshera sector. The operation is still in progress and further details are awaited," Jammu-based Indian Army Public Relations Officer (PRO) Lt Col Devender Anand said in a statement.

The search operation was launched following information about the movement of suspected terrorists, the officials said.

The infiltrators opened fire on the troops and during a fierce gunfight, the two soldiers were killed, they said.

The officials said a massive operation is on in the area.

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Agencies
August 8,2020

Kozhikode, Aug 8: Kerala Chief Minister Pinarayi Vijayan on Saturday announced a compensation of Rs 10 lakh to the next of kin of each passenger who died when an Air India Express flight veered off the runway while attempting to land at the Karipur International Airport here on August 7.

He was briefing the media after visiting the crash site at the airport and the injured at the Kozhikode Medical College Hospital.

Offering his condolences, the Chief Minister said, "Apart from the solatium for the victims, the state government would bear the treatment expenses of all those injured in this unfortunate plane crash irrespective of the hospitals they are in. The Civil Aviation Ministry and other Central Government agencies are expected to announce compensation for the air passengers. 

If any further assistance is required, the State Government will take an appropriate decision at that time to support them to get back to a normal life."

"However, the immediate task now is to ensure the best possible treatment for the survivors of the accident. The District Authority is coordinating the treatment of those rescued who are now in 16 hospitals across Kozhikode and Malappuram Districts," added Vijayan.

Of the 190 people on board the ill-fated plane, there were 184 passengers and six crew members. Of the 18 dead so far, 14 are adults (seven males and females each) and four are children. Both the Pilot and the Co-Pilot are among those dead. At present, 149 passengers are hospitalised, of them 23 with serious injuries. Till now, 23 passengers have been discharged. There are few passengers from Tamil Nadu and Telangana also.

All the dead have been identified, eight from Kozhikode district, six from Malappuram district and two from Palakkad district. The post mortem process has been expedited despite the Covid threat and is expected to finish before evening. All the accident victims will be tested for Covid including those who died in the crash. So far, only one victim has tested positive for coronavirus, the Chief Minister said.

He also appreciated the instant response by the local public living in the vicinity of the airport and also the local authorities to this tragedy which ensured the minimum loss of lives in a disaster of such large magnitude as a plane crash. The rescue operations were finished in the shortest possible time yesterday.

"Even though 18 precious lives have been lost due to the impact of the crash, the rescue operations were a miraculous work. The general public and the officials played a big role in spearheading the rescue operations," he said.

Vijayan along with Governor Arif Mohammad Khan reached Kozhikode this morning.

Governor Arif Mohammad Khan expressed his condolences and sympathies to the families of the accident victims and his best wishes for the speedy recovery of those injured.

The Chief Minister was accompanied by the Niyamasabha Speaker, P. Sreeramakrishnan; Minister for Industry E.P Jayarajan, Minister for Health and Social Justice, K K Shailaja; Minister for Agriculture V.S Sunilkumar; Minister for Ports Ramachandran Kadannappalli; Minister for Transport AK Saseendran, Minister for Excise T.P Ramakrishnan, Chief Secretary, Dr Vishwas Mehta; and State Police Chief, Loknath Behra, DGP. 

The Minister for Local Self Governments, A C Moideen and the Minister for Higher Education and Welfare of Minorities, Dr K T Jaleel were already present in Kozhikode.

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