Country data & information India



Download 30.09 Kb.
Date02.06.2020
Size30.09 Kb.




Legal Environment

Mohamed Ali


Country data & information

India


It occupies the greater part of South Asia. Its capital is New Delhi, built in the 20th century just south of the historic hub of Old Delhi to serve as India’s administrative center. Its government is a constitutional republic that represents a highly diverse population consisting of thousands of ethnic groups and likely hundreds of languages. India is the second-most populous country, after China.

France


France, country of northwestern Europe. It is Europe’s most important agricultural producer and one of the world’s leading industrial powers.

Brazil


It is the fifth-largest country in the world, exceeded in size only by Russia, Canada, China, and the United States. Brazil is the fifth most populous country on Earth and accounts for one-third of Latin America’s population.

Russia


By far the world’s largest country, it covers nearly twice the territory of Canada, the second largest. The inhabitants of Russia are quite diverse. Most are ethnic Russians, but there also are more than 120 other ethnic groups present, speaking many languages and following disparate religious and cultural traditions.

Type of legal system

India


India has a common law legal system whose infrastructure bears the influence of British colonial rule. The constitution is based on the Government of India Act 1935 passed by British Parliament. The Indian constitution lays out a federal Union of 28 States, 6 union territories and 1 national capital territory.

France


The French legal system is based entirely on written civil law. The system of administrative law was laid down by Napoleon and is appropriately called the code Napoléon (Napoleonic code). The code governs all branches of French law and includes the code civil, the code fiscal and the code pénal.

Brazil

Brazil's judiciary is a multifaceted system that operates on the state and federal levels, much like the U.S. judicial system. Primarily based on the civil law tradition, it divides cases into several different jurisdictions, including labor, electoral, military, constitutional and non-constitutional.

Russia


During the Soviet period, Russian law was considered to be socialist law. Since the fall of the Soviet Union that is no longer the case, and most scholars have classified the Russian legal system as a civil law system.

Contract Laws

India


Law of contracts in India defines Contract as an agreement enforceable by law which offers personal rights, and imposes personal obligations, which the law protects and enforces against the parties to the agreement. The general law of contract is based on the conception, which the parties have, by an agreement, created legal rights and obligations, which are purely personal in their nature and are only enforceable by action against the party in default.

France


he contract: “An agreement of wills between two or more persons intended to create, modify, transmit or extinguish obligations”. This modern definition of contract differs from the more traditional, obligation to give, to do or not to do; it is more like the Common Law “meeting of the minds”.

Brazil


In Brazil, contract law has variations from the United States. It is based on the Brazilian Civil Code and may even take Consumers' Code into account, which protects the a product's end user. Operating under a civil code instead of common law code means that there are specific requirements and regulations written out for practically every type of contract available, including lease agreements, business relations, insurance contracts and patents or copyright law.

Russia

Russian contract law is based on market economy principles of respect for civil rights and liberties of individuals and legal entities, equality of parties, freedom of contracts, and inviolability of property. In Russia, contract law falls under Russian civil law.




Intellectual property rights


India

Intellectual Property Rights are legal rights governing the use of creations of the human mind. Patents, designs and trademarks are considered as industrial property. As per International Convention for the protection of industrial property has as its object patents, utility models, industrial designs, trademarks, service marks, trade names, indications of source or appellations or origin and the repression of unfair competition when copyrights, Geographical indicators, layout Designs and confidential information were included to industrial property, they all become intellectual property.


France

According to the Intellectual Property Code, any original work derived in any form can be subject to copyright protection. The work that can be protected includes:

- literary and artistic creations,

- industrial designs,

- inventions that can be patented,

- audiovisual works,

- computer works,

- software or database,

- paintings and sculptures,

- photographic work.


Brazil

Copyright protection is granted for texts of literary, scientific or artistic works, musical compositions, audiovisual works, drawings, paintings, and photographic works. It is regulated mainly by Federal Law No. 9.610/98 (the “Copyright Law”).


Russia

he laws on intellectual property protection in Russia are comprised in the Civil Code of the Russian Federation that was enabled in 2008, after a series of modifications throughout the years. It includes the Copyright Law that was separated until that moment. Russia has laws governing:


- copyright protection,

- trademark and service mark protection,

- company’s intellectual assets protection,

- computer programs and database protection,

- protection of topologies of integrated circuits.

Product Safty and liability


India

A manufacturer/seller may be held liable if the good/product poses a threat to the health or safety of the consumer. Under tort law, the remedy may be sought from the manufacturer as he/she owes a duty of care to the consumer. However, this is not a remedy ordinarily pursued in India in independent civil actions.


France

The main areas of law relating to product liability in France are contract law, tort law and the rules on strict liability for defective products. Strict liability for defective products derives from Directive 85/374/EEC on liability for defective products implemented into French law.


Brazil

Product liability litigation is quite common in Brazil, which makes it crucial for suppliers to understand the legal framework and case law as a way to avoid potential liability.


Russia

In Russia, rather than having a single product liability statute, the relevant rules are scattered among a variety of different laws. The Civil Code and the Consumer Protection Law contain a number of provisions by which manufacturers may incur liability for loss or damage suffered by the consumers of their products, regardless of whether a direct contractual relationship exists.




References


https://www.lawyersfrance.eu/intellectual-property-in-france

https://www.alaris-law.com/general-terms-conditions-france/

https://www.lawyersrussia.com/intellectual-property-in-russia

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/456358/IP_Guide_Brazil.pdf

https://cms.law/en/rus/publication/product-regulation-liability-in-russia



Share with your friends:




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page