Union of India the Supreme Court had observed that from the words ‘expressed to be made’ and ‘executed’ in Article 299 it is clear that the Government contract should be made by a formal written contract. The court also held these formalities under Article 299 are of mandatory nature and they cannot be skipped by the contracting parties. If there is any contravention of these provisions then the contract will be nullified it will not be enforceable against the Government. These provisions have been made to safeguard the Government against fake contracts which may be made on their behalf to defraud the people and this is the reason why implied contracts do not have any scope in cases of Government contracts.
Union of India. The copyright of applications that depended on the Shrinkwrap software packaging was decided by the Madras High Court. It demonstrated how a DVD/CD produced can be included with more than one hardware and how time-consuming and complex it is to distribute physical copies of licenses to various places where clients are located.
Union of India. 1. The Republic of Indica (hereinafter referred to as Indica) is a democratic country situated in the Southern part of the Asian Sub Continent. It is the most populous country, the seventh-largest country in the area, and the biggest democracy in the world. It is a pluralistic, multilingual, and multi-ethnic society. The beginning of the 21st Century witnessed a boom in Indica in trade and commerce, infrastructural development, education, healthcare, and so on.
Union of India. Supreme Court of India, Civil Appeal No. 2706-2716 of 2013 (Apr. 1, 2013). See Xxxxxx & Shadlen, supra note 161, at 1. 163. Promoting Access, supra note 99, at 178. XXXXXXX 2.3 AT 1030AM .DOCX (DO NOT DELETE) 2/3/21 10:59 AM 32 Gonzaga Journal of International Law Vol. 24: 1 The view that Article 31bis is ahead of its time, and that more compulsory licenses (both as a part of and outside the framework provided by the Article) would be granted, however, is challenged by recent data that show that the issuance of compulsory licenses have actually decreased in the years since 2006, the year of the Doha Declaration.164 Therefore, it is possible that, in time, this may turn out to be the case, but currently, it is not clear that we are headed in this direction. Articles 65 and 66 of the TRIPS Agreement, pertaining to transitional agreements and least-developed country members, allow for various transition periods after the adoption of the WTO and TRIPS frameworks.165 In short, these expiration periods are soon to expire (on July 1, 2021, if they are not extended), meaning that the provisions will be in full force, thereby theoretically allowing for potential importing members to fully take advantage of the compulsory licensing framework provided for in Article 31bis.166 It remains to be seen whether the expiration of the transitional grace period will actually result in more usage of the Article 31bis provisions, or whether the negative reception of Rwanda-Canada will play a role in preventing this from coming to fruition. In summary, there are reasonable arguments suggesting that Article 31bis is working as planned and that it may pick up speed in the coming years, yet upon a careful analysis of these contentions, the arguments do not stand, and the shortcomings of Article 31bis are revealed in even xxxxxx force. At this point, it becomes important to ask what potential solutions can be achieved, and what lessons can be learned from the first-ever amendment to the TRIPS agreement.
