Wednesday, March 25, 2020
Something about Generic and Descriptive Trademarks
Kathputli and Protection by IP Regime
Read on.
Meaning of GI for Kolahpuri Chappals-published on spicyip
This post is interesting and very close to my heart. Hope you like it as well. Comments invited.
Best
Saree Draping Styles and TCE-published on Spicyip
I am thrilled to share this post with you that has been published on spicyip-the premier IP blog.
Kindly access it from here.
GIGA Part II Lecture Recording
Kindly access the recoding from here. Hope you all are optimally utilizing these recorded lectures. Would love to hear from you.
Best wishes
IPR-I and Lecture on GIGA 1999
It is unfortunate that COVID 19 related lockdown has disrupted our lectures. Every dark cloud has a silver lining. This presents us with a unique opportunity to learn something new-a new application to hold the classes online-ZOOM cloud meetings.
As promised, I am uploading the recording of the lecture here.
Kindly note that the file is heavy and might take time to run.
Happy studying!
Wednesday, October 30, 2019
Something about Objections during Trial and Opening/ Closing Statements
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For the purposes of MT Assessment, there are four aspects of a the mock trial that a student must know: opening statements, direct examination, cross-examination, closing arguments.
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Interspersed between the entire process, is the aspect of raising ‘objections’, which has been popularized by movies as something fancy and hard-hitting. There is however a whole body of literature around raising objections properly during a mock. I am going to touch upon a few basics of this art.OBJECTING DURING TRIAL
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Objections2 are allowed during the trial in order to KEEP OUT evidence that is hurtful to your client.
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Objections and evidence rules were created to keep the process as fair as possible.
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Evidence Rule: Fair hearing and to keep out any evidence that
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doesn’t relate to the issue of the case, (@ whether Kashish had a boyfriend)
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isn’t reliable (@ most of the testimony of Poornima) or
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value of which, as evidence, is totally outweighed by how prejudicial it would be (@ if ask the MD Sanjiv Bhatia whether Monty Khanna could do anything of the sort Kashish is alleging)—such objections stop a witness from testifying to something that is probably not very trustworthy)
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In the assessment, you as an advocate can object any time during the EIC/Cross if you are sure that the opposing counsel is violating the rules of evidence.
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When to object? You can object to 3 things broadly speaking…
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questions that the other side’s counsel is asking,
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answers that a witness is giving3, or
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to exhibits that the other side is attempting to admit into evidence
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How to Object4?:
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stand up; say OBJECTION, YOUR HONOR, _____(evidence rule)
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Wait, standing, for the ruling.
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No need to explain yourself, judge may agree with you! If he agrees he will say: “sustained”
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Judge may turn to the other advocate who asked the question or offered the exhibit, and that advocate usually will have a chance to explain why the objection should not be accepted by the judge.
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There are TONS of evidence rules. Today let us learn at least 7 handy ones.
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Rule 1: Leading Questions
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A "leading" question is one which suggests the answer desired by the questioner, usually by stating some facts not previously discussed and asking the witness to give a "yes" or a "no" answer.
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Leading questions5 should not be asked when questioning one's own witness in direct examination.
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Leading questions should be used in cross examination.
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If it is used in Direct Examination and you want to object: Objection: "Objection, Your Honor, leading."
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Rule 2: Argumentative Questions
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Advocates cannot argue with the witness. Questions cannot be argumentative in tone or manner. Badgering is harassing or asking again and again which is not allowed (later)
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Example: During the cross of Kashish--"So you were being harassed by Monty time and again and you decided not to tell the manager, not to anyone in the hotel, not even to your own mother!; How do you expect the court to believe that?/Perhaps there WAS nothing to tell"
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"Objection. That question is argumentative.”
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Rule 3: Speculation
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You cannot ask questions that get witnesses to guess.
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“Objection. Counsel is asking the witness to speculate.”
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Rule 4: Narration (or non-responsive):
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Witnesses' answers must respond to the questions. A long story is objectionable. When the witness gives much more information than the question calls for.
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Objection: "Objection, Your Honor, narrative."
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Rule 5: Relevance
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Questions or answers that add nothing to the understanding of the issue in dispute are objectionable.
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Questions and answers must relate to the subject matter of the case; this is called "relevance." Those that do not relate to the case are "irrelevant."
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Example: "Why does you mother not work Kashish?”
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Rule 6: Badgering
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Similar to argumentative questioning, badgering the witness is when the opposing attorney asks the same question several times in order to harass the witness, usually done in a harsh manner.
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When objecting, the attorney should stand and say “Objection. Counsel is badgering the witness.”
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Rule 7: Beyond the Scope of the Packet
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Questions that ask about, or answers that supply, significant facts not contained in the packet are objectionable. However, minor obviously inferred details may be asked and added.
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Objection: "Objection, Your Honor, this is beyond the scope of the packet."
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OPENING STATEMENT—State/Kashish’ side [might not be required for MT Assessment]
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CLOSING ARGUMENT-State/Kashish’ side
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CLOSING STATEMENT-Defendant Monty Khanna’s side
Tuesday, October 22, 2019
HOW TO MOOT AND COURT-ROOM ETIQUETTE
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Be professional, polite, respectful, appropriately dressed.
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Know-it-all and overbearing attitude does not take you places; humility, on the other hand, strikes a chord with the judges.
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It is a fallacy that good debaters or orators are good at mooting. NO. They are good at arguing and one-upmanship-which are fatal to mooting. Over the years, I have seen debaters turn aggressive in their language and attitude to prove their side of the argument. This is not the right court-room attitude.
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Roll your eyes in exasperation
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Show sass and attitude in your body language
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Go blank
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Mutter under your breath
Tuesday, January 22, 2019
Spicy-IP Thrilled to get to you the first guest post
https://spicyip.com/2018/09/heritage-hall-of-nations-and-assertion-of-moral-rights.html
Spicy IP-Glad to bring you the 2nd guest post
Here is a link to my post on SpicyIP, a premium IP Law Blog. I am happy to share. Would be happier to receive comments on the same.
https://spicyip.com/2019/01/is-braille-a-language-under-copyright-law-capable-of-translation-reproduction-and-adaptation.html
Wednesday, September 26, 2018
Memorial Writing Basics (may be consulted by all years of LL.B)
Welcome to my student interaction blog.
As promised, you are welcome to download the pdf version of the presentation made by me in Moot Court Society Orientation Programme on 22nd Sept, 2018.
You may access it here.
In case of any problem, kindly leave a comment, and I will try and sort it out for you in time. Feedback is welcome.
Happy studying!
Dr. Sunanda Bharti
Monday, September 10, 2007
Debate on rape and consent...
I do not know how many of you have found time to go through the debate/discussions that were going on on the blog "Law and Other Things". The relevant link is on the right hand side of this blog, under the links column.
Having recently posted a comment on the issue, I thought it better to invite comments on my comment : ).
Alternatively, you may read my comment at http://sunanda.bharti.googlepages.com/rapeandconsent
It would be wonderful to share thoughts on this...
Happy reading!
Thursday, May 31, 2007
Romanticizing the workshop
Insofar as the content is concerned, ofcourse, I did not understand all of it. It is sometimes difficult to get his drift; to board his train of thought.
I am here documenting some of the points that my mind cataloged (all of which I enumerate may not be his thoughts as such…many indeed are the ones he just recounted; but nonetheless I heard them at the workshop), and those which do not cease to amuse me every now and then. : )
1) How to make jurisprudence interesting? Well, raise questions; let the spirit of renaissance not die. Reinforce the fact that while it might be prudent to rely on the intellectual wealth of the preceding generations, the capacity to think was definitely not exhausted by them! How simple and yet so difficult to achieve!
2) Take examples from daily life…without the fear of being charged for ‘vulgarizing high traditional knowledge’. The example of the movie Shahenshah wherein the protagonist epitomized the Austinian concept of power and authority and enacted the directive principles of state policy by the night was hilarious and yet so apt. : )
3) Speaking of humor, the capacity to laugh and make light of the situation is a must. It invigorates the audience…a skill perfectly displayed by the maestro.
4) Habit, Custom, Tradition, Rule and Practice are all different concepts and can/should not be used interchangeably. Words should not be taken lightly as they are powerful. They create an impact.
5) The entire world comprises of two types of people…those who are book worms and the rest who are ordinary worms! : ). It is up to us which category we choose to be in.
6) Why should we study human law and not divine law? Because renaissance saw it is a sign of progress to study human will than the divine commandment; after all it was supposed to regulate human behavior.
7) There are five types of judges…and this was brilliant…1) Activists, 2) Restraint prone, 3) Moody and temperamental, 4) Dullards and 5) lazy bones! The last ones just hijack someone else’s efforts by writing ‘I agree' at the end of someone else's opinion!
8) Jurisprudence is just a method of reading law. On ‘reading’, he had so many pearls to share…
· It is a misconception that writing should precede reading. How can one possibly read an unwritten constitution?!
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· Birth of a reader entails the death of the author…fantastic, I must say! Sovereignty of interpretation is the denial of the authority of the author…whatever might have been the intention of the author in writing a piece, the reader has a right to interpret and read it in his/her own way…attribute his/her own connotations to it. Yes, indeed! By way of example, he gave the instance where the Supreme Court judges interpret a point of law by attributing everything to the ‘intention of the founding fathers of the Constitution!’
· Limits of my language are the limits of my words…again, so true! Some time ago I read a quote in the Readers’ Digest which said something to the effect that one cannot write what one cannot imagine…it’s the same difficulty I guess.
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· Word is the world…someone help me on this. There was more to this...the capacity of human mind to forget is remarkable isn’t it!
9) An activist would consider speaking for others morally wrong, so he/she speaks with others…another option is to speak after (in regard to) others when it becomes impossible to speak with others…say when one is protesting for animal rights…cool distinction I must say!
10)Why the Constitution is called the ‘constitution’ and not anything else? Any novel thoughts on this one? ; )
11) Some people say that ‘we the people of India’ constitute the sovereign…but how can the quintessential common man…illiterate, impoverished…with no roof over his head, no bread to eat, minimal shred of clothing over his body, and not even the prospect of a decent burial be a part of the sovereign? Well said…Laxman’s common man just lost another case! : )
12) Then somewhere he mentioned something…bits and pieces of a story which included the following quote “I am a regular bullshitter myself, but I do not mind an expert doing it for me occasionally!” Sorry, I do not remember the context…loved the saying though ; )
13) When someone felt offended at one of his remarks, he quipped that if he ever intends to insult, there would not be any ambiguity to it!!
14) Upenisms…his experiments with language…one of the best ones stated that Constitution is of three types…C1, C2 and C3. C1 comprises the pure form…the words on paper; C2, the interpretation given by the State and citizens wherein the politicians act out of self interest and the citizens out of ‘enlightened’ self interest!; C3 is that ideal form that does not exist but influences C1. Original! Nothing more to say…
15) Perhaps the most disturbing of all for me was his idea of demolishing the manner of teaching through schools of law…as it promotes parochial thinking, stifles creativity. Now, when I see it…it appears to be so true. Why schools…why not topic wise…or say scholar wise…to keep things less rigid/more fluid. As he said, in some context which I again forget…we should change…by teaching the same things, we systematically foster and prescribe ignorance and then make rhetoric about lack of intellectual progress (or gripe about stagnation, if I may take the liberty to modify: ))
I am sure there were more …and it is the capacity of my mind that has failed me…would definitely add as I remember.
Meanwhile enjoy these!!
Wednesday, April 18, 2007
We exist on the Internet now!
There is some good news! The official website of Law Centre-I is finally ready, up-and-functioning!.
You may spread the news that we EXIST! : ))
The link is http://law.du.ac.in/
Do go through it once. Comments and suggestions are invited.
Wednesday, April 04, 2007
Check this out!
Click the following link: http://www.law.cardiff.ac.uk/news/news_display.php?id=387
Friday, February 02, 2007
When I die...
Sifting though your student days class notes can be fun sometimes.
See what I bumped into...
These were my sentiments then about Juris.
And as luck would have it, I teach it now...and enjoy it too!
When I die, bury me deep,Five feet down fast asleep… Place Dias in my right hand,Tell the juris teacher, nothing I understand… Lay my Salmond at my head,He is ‘liable’ that I am dead… I’ll make sure I meet Paton in that sleep,He is the one who made me weep… Ah yes…tell the teacher I've gone to rest,And won't be back for that testFor I am using that 33% at my best… My friends I advise not to flush,They may fail now and avoid the Feb rush…
In the end I give no discourseSomeone tell them to scrap the course…
: )Composed by Sunanda Bharti ages ago as a
student of LL.B, Campus Law Centre
(edited a bit for this post)


