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Raj Kumar Goel Institute of Technology, Ghaziabad

PUT Paper Solution (Odd Semester) 2023-24


B.TECH. [Branch/Sections: IT,ME,CE,ECE,CSE,EN] SEM: V
Subject Name: COILE Subject Code : KNC-501 Max. Marks : 100
Name/Roll No.:
Time: 3 hours.
1. All questions are compulsory
Instructions : 2. Assume missing data suitably, if any

Q1. Attempt all the parts: (2x10=20)


(a). Parliaments worldwide perform three core functions: to represent citizens interests, to pass
laws, and to monitor the actions of the government. They perform a legislative function
because, in addition to introducing legislation on their own, they have the power to amend,
approve or reject government draft laws.
(b) The ‗Preamble‘ of the Constitution of India is a brief introductory statement that sets out the
guiding purpose and principles of the document, and it indicates the source from which the
document which derives its authority
(c). President is empowered by the Indian Constitution to appoint the Attorney General of
India.
(d) Rajya Sabha is the upper house of the parliament and is termed as Council of States. Rajya
Sabha consists of the representatives of the States and the Union Territories and persons
nominated by the President of India.
(e). These are: District Consumer Disputes Redressal Commission in the District, State Consumer
Disputes Redressal Commission at the state level and the National Consumer Disputes
Redressal Commission at the national level.
(f) A contract is an agreement between two parties that creates an obligation to perform (or not
perform) a particular duty.
(g). A trademark can be any word, phrase, symbol, design, or a combination of these things that
identifies your goods or services. It's how customers recognize you in the marketplace and
distinguish you from your competitors.
(h) Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce.
(i). An annual general meeting (AGM) is a mandatory annual assembly of a company's executives,
directors, and interested shareholders.
(j) Shares are units of stocks issued by a corporation that represent ownership. They are
sold to investors and traders to raise capital for the company.
Q2. Attempt any three parts of the following ( 3 x 10 =30)
(a). Government of India Act of 1935
This act was the result of the Simon Commission Report, round table conferences, and
the white paper presented in the British Parliament;
-This act was the longest, lengthy, detailed and last document introduced by the British
in India consisting 321 sections and 10 schedules.
-Subjects were divided between the centre and the provinces. Centre was in charge of the
Federal List, provinces in charge of the Provincial List and there was a Concurrent List
which both catered to.
-Diarchy was abolished at the provincial level and introduced at the centre.
-A federal court was established and the Indian Council abolished.
-Burma was separated from India through this act which is now Myanmar

(b). Legislature: Lok sabha has to pass bills and laws and reforms for state and union
territories strengthening the national and interstate interests of the country
Finance matters of the country: Lok sabha members are the enacting body of the
financial bills and reforms of the country, which are to be successfully implemented in
the country
Consent to the Rajya sabha to make every national or state interest decision
The country‘s parliament can only do high court or supreme court judge removal

(c). Arbitration is a method of alternative dispute resolution where disputes are settled
privately by a decision-maker called an arbitrator in a process similar to litigation in
court. Arbitration is a process that is authorized by law to settle legal disputes without
litigation in a court. Although not a judge, arbitrators are empowered to consider
evidence, rule on the legal dispute, and award damages. Arbitration is less expensive,
and it usually resolves the dispute much faster than the litigation process. Arbitration can
also be preferable in cases where the dispute involves subject matter that is highly
technical, legally complex, or narrow in scope. This is why a mandatory arbitration
clause is a key part of most business contracts. This clause requires that both parties
agree to take any dispute to arbitration rather than a court.
(d). The United Nations Commission on International Trade Law in 1996 adopted a model law
on e-commerce and digital intricacies. It also made it compulsory for every country to have
its own laws on e-commerce and cybercrimes. In order to protect the data of citizens and
the government, the Act was passed in 2000, making India the 12th country in the world to
pass legislation for cyber crimes. It is also called the IT Act and provides the legal
framework to protect data related to e-commerce and digital signatures.
Following are the features of the Act:

 The Act is based on the Model Law on e-commerce adopted by UNCITRAL.

 It has extra-territorial jurisdiction.


 It defines various terminologies used in the Act like cyber cafes, computer systems, digital
signatures, electronic records, data, asymmetric cryptosystems, etc under Section 2(1).
 It protects all the transactions and contracts made through electronic means and says that all
such contracts are valid. (Section 10A)
 It also gives recognition to digital signatures and provides methods of authentication.

 It contains provisions related to the appointment of the Controller and its powers.
 It recognises foreign certifying authorities (Section 19).

 It also provides various penalties in case a computer system is damaged by anyone other than
the owner of the system.
 The Act also provides provisions for an Appellate Tribunal to be established under the Act.
All the appeals from the decisions of the Controller or other Adjudicating officers lie to the
Appellate tribunal.
 Further, an appeal from the tribunal lies with the High Court.
 The Act describes various offences related to data and defines their punishment.

 It provides circumstances where the intermediaries are not held liable even if the privacy of
data is breached.
 A cyber regulation advisory committee is set up under the Act to advise the Central
Government on all matters related to e-commerce or digital signatures.

(e). Grounds for Private Limited Company Public Limited Company


Comparison

1. Meaning The term "private limited A public limited company is one


company" refers to a company that is listed on a well-known
that is not publicly traded and stock exchange and those whose
whose shares are owned shares are freely exchanged by
privately by its members. the general public.

2. Minimum no. of 2 7
members

3. Maximum no. of 200, (can be exceeded after There is no limit. It is unlimited


members passing off a special resolution
in the general meeting) &
except in case of the one-person
company

4. Minimum no. of 2 3
directors

5. Articles of It will have to draught its own It can either draught its own
Association (AOA) articles of incorporation. articles of incorporation or use
Table F.

6. Share Transfer Because of restrictions in the A public company's shares are


Articles of Association, private freely transferable, meaning they
company shares are not readily may be exchanged on a public
transferable. market called a stock exchange.

7. Public The public distribution of It has the ability to issue shares or


Subscription shares or debentures is debentures to the general public.
forbidden.

8. The minimum Without a minimum The company will not be able to


amount of allotment subscription, the corporation distribute shares unless the
can distribute shares. minimum subscription amount
specified in the prospectus is met.

9. Issue of A private company is not It has the alternative of issuing a


prospectus allowed to put out a prospectus. prospectus or opting for private
placement.
10. Commencement It can begin operations as soon After it is incorporated, it is
of Business as it receives a certificate of required to get a certificate of
incorporation. commencement of business.

11. Appointment of A single resolution can select A single resolution can select
Directors two or more directors. only one director.

12. Retirement of The directors are not needed to By rotation, 2/3 of the number of
Directors retire in order to keep their directors must retire.
positions. The directors might
be hired on a long-term basis.

13. Filing of Consent To act as a director, directors Within thirty days following their
do not need to file their appointment, directors must
consent. register their approval to function
as directors with the Registrar.

14. Place of holding Annual General Meetings can The Annual General Meeting
Annual General Meeting be held in any location. (AGM) is usually held at the
office of the registered or any
other location where the
registered office is located.

15. Statutory Optional Compulsory


Meeting

16. Exemptions Enjoy many exemptions & No such exemptions & privileges
privileges are enjoyed
Q3. Attempt any one part of the following (10 x 1 = 10)

(a). Meaning of Directive Principle of State Policy


Directive Principles are certain rules, specifically aiming at socio-economic justice, which
according to the makers of the Indian Constitution should aim for. The Directive Principle
of State Policy has been derived from the Irish Constitution. The concept behind the
Directive Principles of State Policy is to create a ‗Welfare State‘. In other words, the
motive behind creating the directive policy is not just establishing political democracy
rather establishing social and economic democracy in the state.
The following points signify the features of directive principles of State Policy:
DPSP are Non - Justiciable:
Legal sanctions do not support Directive Principles. However, these are supported by
public opinion which in reality is also the legal sanction behind the law.
DPSP Provides Welfare of People: The Directive Principles strive to enhance the welfare
of the people by attaining a social order in which social, economical, and political
conditions are informed in all institutions of life as per Article (38) of the Indian
Constitution.
DSPS Act as a Yardstick for Measuring Governments Worth: Directive Principles act
as a yardstick through which the people should measure the worth of the government. A
government that does not implement the Directive Principles can be rejected by the people
in favour of the Government by another political party that is expected to provide the
required importance and value to the task of attaining Directive Principles.
DSPS are Source of Continuity in Policies: Directive principles are like a source of
continuity in policies, in which the Government changes after a few years and every new
Government makes different policies and laws of the country. The presence of such
guidelines is significant because it ensures that every Government will follow the set of
rules in the form of DSPS while formulating its laws.
DSPS are Supplementary To Fundamental Rights: DSPS are supplementary to
Fundamental rights which grants political rights and other freedom. Directive Principles
and Fundamental rights are nothing without each other as one provides social and
economical rights whereas the other provides political rights.
DSPS Constitute Policy of Nation: Directive Principle constitutes a policy of the nation.
These principles emulate the ideas and views which were there in the mind of drafters
while formulating the constitution. This reflects the philosophy behind making the
constitution hence providing useful information to the court in interpreting and existing
confusion and in turning up with better laws and policies.
CLASSIFICATION OF DIRECTIVE PRINCPLES OF STATE POLICY
• Indian Constitution has not originally classified DPSPs but on the basis of their
content and direction, they are usually classified into three types-

• Socialistic Principles,

• Gandhian Principles and,

• Liberal-Intellectual Principles.

Socialistic Principles
• These principles contemplate the ideology of socialism and lay down the
framework of a democratic socialist state. The concept envisages providing social
and economic justice, so that state should achieve the optimum norms of welfare
state. They direct the state through- Article 38, Article 39, Article 39 A, Article 41,
Article 42, Article 43, Article 43 A and Article 47.

Gandhian Principles
• These principles reflect the programme of reconstruction enunciated by Gandhi
during the national movement. In order to fulfill the dreams of Gandhi, some of his
ideas were included in DPSP and they direct the state through- Article 40, Article
43, Article 43 B, Article 46, Article 47 and Article 48.

Liberal-Intellectual Principles
• These principles inclined towards the ideology of liberalism and they direct the
state through- Article 44, Article 45, Article 48, Article 48 A, Article 49, Article
50 and Article 51.

(b). List of Fundamental Rights


• There are six fundamental rights of Indian constitution along with the constitutional articles
related to them are mentioned below:

Right to Equality (Articles 14 - 18)


 The right to equality provides

• Equal treatment of everyone before the law,

• Prevents discrimination on various grounds,

• Treats everybody as equals in matters of public employment,

• Abolishes untouchability and

• Also titles (such as Sir, Rai Bahadur, etc.).

 Equality before the law (Article 14)

• Article 14 treats all people the same in the eyes of the law.

• This provision states that all citizens will be treated equally before the law.

• The law of the country protects everybody equally.

• Under the same circumstances, the law will treat people in the same manner.

 Prohibition of discrimination (Article 15)

• This article prohibits discrimination in any manner.

• No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be
subject to any liability, disability, restriction or condition with respect to:

• Access to public places

• Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the
general public

• The article also mentions that special provision can be made for women, children and the
backward classes notwithstanding this article.

 Equality of opportunity in matters of public employment (Article 16)

• Article 16 provides equal employment opportunities in State service for all citizens.

• No citizen shall be discriminated against in matters of public employment or appointment on


the grounds of race, religion, caste, sex, place of birth, descent or residence.
• Exceptions to this can be made for providing special provisions for the backward classes.

 Abolition of untouchability (Article 17)

• This article forbids its practice in any form.

• Untouchability refers to a social practice that looks down upon certain oppressed classes
solely on account of their birth and makes any discrimination against them on this ground.

 Abolition of titles (Article 18)

• Article 18 abolishes titles.

• The State shall not confer any titles except those which are academic or military titles.

• The article also prohibits citizens of India from accepting any titles from a foreign State.

• The article abolishes the titles that were awarded by the British such as Rai Bahadur, Khan
Bahadur, etc.

• Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military
honours like Ashok Chakra, Param Vir Chakra do not belong to this category.

Right to Freedom (Articles 19 - 22)


• The right to freedom guarantees freedom for citizens to live a life of dignity among other
things. These are given in Articles 19, 20, 21A and 22 of the Indian Constitution.

 (Article 19): Right to Freedom

• The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms:

• Freedom of speech and expression, which enable an individual to participate in public


activities.

• Freedom to assemble peacefully without arms

• Freedom to form associations or unions

• Freedom to move freely throughout the territory of India

• Freedom to reside and settle in any part of the territory of India

• Freedom to practice any profession or to carry on any occupation, trade or business.

 (Article 20&21)

 Article 20 provides protection against arbitrary and excessive punishment for any person
who commits an offense. This article has taken care to safeguard the rights of persons
accused of crimes

 (Article 21): Protection of Life and Personal Liberty

• Article 21 states no person shall be deprived of his life or personal liberty except
according to the procedure established by law.
• Article 21(A):This article was introduced by the 86th Constitutional Amendment in 2002.
It provides that the State shall provide free and compulsory education to all children
between the ages of 6 and 14.

 Article 22: deals with the protection against arrest and detention in certain cases.

• Article 22 guarantees the right of every person who is arrested to be informed of the cause
of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice.
Thirdly, every person arrested and detained in custody shall be produced before the nearest
Magistrate within a period of twenty-four hours and shall be kept in continued custody only
with his authority.

Right against Exploitation (Articles 23 & 24)


• Article 23 – Prohibition of traffic in human beings, women, children, beggars or other
forced labour militate against human dignity.

• Article 24 – Prohibition of employment of children in factories, etc.

• Article 24 says that ―No child below the age of fourteen years shall be employed to work in
any factory or mine or engaged in any other hazardous employment.‖

Right to Freedom of Religion (Articles 25-28)


• This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of religion.
The State has no official religion. Every person has the right to freely practice his or her
faith, establish and maintain religious and charitable institutions.

Right to Freedom of Religion


• Article 25 (Freedom of conscience and free profession, practice and propagation of
religion)

• Article 26 (Freedom to manage religious affairs which is subject to public order, morality
and health, every religious denomination or any section.)

• Article 27 (Freedom as to payment of taxes for promotion of any particular religion)

• Article 28 (Freedom as to attendance at religious instruction or religious worship in certain


educational institutions)

Cultural and Educational Rights (Articles 29 – 30)


• Article 29 provides protection of the interests of minorities. A minority community can
effectively conserve its language, script, or culture by and through an educational
institution.

• Article 30 states the rights of minorities whether based on religion or language to establish
and administer educational institutions.

Right to Constitutional Remedies (32 – 35)


• Article 32 :This article guarantees the right to move the Supreme Court by appropriate
proceedings for the enforcement of Fundamental Rights and deals with the Supreme
Court‘s power to issue order or writs for the enforcement of Fundamental Rights.
• Article 33 empowers Parliament to modify the application of Fundamental Rights to the
armed forces or forces charged with the maintenance of public order. On the other hand,

• Article 35 lays down that the power to make laws to give effect to certain specified
Fundamental Rights shall vest only with the Parliament and not with State Legislatures.

Features of Fundamental Rights


• Fundamental rights are different from ordinary legal rights in the manner in which they are
enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC
bypassing the lower courts. He or she should first approach the lower courts.

• Fundamental rights are not absolute rights. They have reasonable restrictions which mean
they are subject to the conditions of state security, public morality and decency and friendly
relations with foreign countries.

• They are justifiable, implying they are enforceable by courts. People can approach the SC
directly in case of violation of fundamental rights.

• Fundamental rights can be amended by the Parliament by a constitutional amendment but


only if the amendment does not alter the basic structure of the Constitution.

• Fundamental rights can be suspended during a national emergency. But, the rights
guaranteed under Articles 20 and 21 cannot be suspended.

• The application of fundamental rights can be restricted in an area which has been placed
under military rule.

Attempt any one part of the following (10 x 1 = 10)


Q4.
(a).1. The Prime Minister’s powers and functions
2. Concerning the Council and the Ministers, As the head of a Union council of ministers, the
Prime Minister has the following powers:

 They make recommendations to the president for ministerial appointments. The President
can only appoint ministers who the Prime Minister has suggested.
 They assign and reassign various portfolios to ministers.

 They can ask a cabinet member to resign or consult the President to abandon him in a
disagreement.
 They hold power over the council meeting and impact its decisions.
 They direct, guide, control, and help in coordinating the work of all ministers.

Concerning a President, the Prime Minister has the following powers:

They are the primary line of constituting instruments between the President and the Cabinet of
Ministers. He helps in aiding and advising the president on taking various decisions. It is the
prime minister‘s responsibility, and it is the prime minister‘s responsibility to:

(a) interact with the President for all choices of the Cabinet of Ministers responsible for the
management of the Union‘s affairs and legislative proposals.

(b) to provide the President with any information regarding the administrations of the Union‘s
affairs and legislative proposals that he may request.

(c) if indeed the President so directs, submit to the cabinet of ministers whatever matter under
which a minister has made a decision, but the council has not regarded that.

Concerning the Parliament, A Prime Minister is just the Lower House‘s leader. As a result, they
have the following abilities:

 He makes recommendations on the conjuring and proroguing of Parliamentary sessions.


 He has the authority to recommend to the President the dissociation of Lok Sabha.
 On the House floor, he announces government policies.

(b). Lokpal Meaning


The Lokpal is the country of India‘s first and only institution of its sort. The Lokpal and
Lokayukta Act 2013 led to the establishment of the Lokpal, whose primary responsibility
was to inquire about and look into cases of corruption involving Central-level officials and
organisations.
The Lokpal of India genuinely works to serve the public because it is solely dedicated to
ensuring clean governance in India.
Lokpal Composition
According to the statute, the Lokpal panel must comprise a chairperson and a minimum of
8 members, of which 4 must be judges.
Eligibility Criteria for Lokpal Members
The Lok Pal chairperson ought to have held a position as India‘s chief justice, a Supreme
Court judge, or another illustrious figure with knowledge and experience in the fields of
anti-corruption strategy, vigilance, public administration, law, and management.
The Lokpal judicial member ought to have been a Chief Justice of the High Court or a
judge on the Supreme Court. Any distinguished individual with 25 years of experience in
public administration, vigilance, and anti-corruption policies is eligible to serve as a
member of the Lokpal. The scheduled castes, scheduled tribes, and OBC, as well as women
and minority classes, shall make up half of the Lokpal membership.
The Lokpal will have authority over all types of public employees, including all levels of
government workers from groups A, B, and C.

Any investigative agency, including the Central Bureau of Investigation, is subject to


control and direction by the Lokpal upon referral. A powerful committee headed by the
prime minister will recommend the CBI director‘s selection. A preliminary investigation
may last for three months and may be prolonged by another three months.
Lokpal Power and Funtions
The investigation period may be extended by an additional six months. The maximum
sentence for corruption under the Prevention of Corruption Act is 10 years instead of 7.
The Lokpal has authority over institutions that receive full or partial funding from the
government, but it does not have authority over entities that the government adds.
The Lokpal has authority over all organisations that receive grants from foreign sources in
accordance with the Foreign Contribution Regulation Act with an annual limit of Rs. 10
lakh.

Q5. Attempt any one part of the following (10 x 1 = 10)


(a). Law refers to rules or regulations backed by legal authority. It act as a guideline and applicable to
all. Law is what state commands or it is a will of sovereign. Law help to govern the behaviour and
help to obtain conformity. Violation of law results in punishment. Purpose of Law is to ensure that
the justice is served and help to resolve conflicts. Customs are known to be oldest source of law.
Along with customs, traditions, norms and values also played important role in establishment of
law. Laws are also inspired from religion and morality. After 13th century, legislation emerges as a
major source of law. In a contemporary era, judicial decision also acts as an important source of
law. Other sources of law are Justice, Equity and Good Conscience.
Sources of law
Meaning
Customs can be defined as unwritten rules or practices that are widely followed by people
and have obligatory nature. During ancient times people were governed by customs. Later
these customs were adopted by other major social institutions.
Essentials

All customs cannot be recognised as a law. There are some essentials that customs must
possess to be eligible of becoming a law. In the following paragraph we would be
discussing the same. Customs must be practicing for a long period of time (antiquity). It
must be known to all not practice secretly. Moreover, it need to be reasonable in nature and
doesn‘t violate the morality or established norms and values of the society. In addition to it,
custom must not be opposite to prevailing legislation. There are several cases where
customs are abrogated by law (e.g. Child marriage, dowry, etc.)

Types

Customs are broadly divided in two categories: customs without sanctions and customs
with sanctions. Customs without sanctions does not have any legal backing. They were
merely followed since people are practicing it. Whereas customs with sanction is
obligatory in nature. Customs with sanction are of two types: legal customs and
conventional customs. Conventional customs are binding on the parties to an agreement.
(b). A tort is an act of civil wrong done to an individual resulting in injury, harm, or loss. Due
to the resulting harm or loss, the one who committed the tort will be held legally liable.
Tort law determines whether a person should be held legally accountable for an injury
against another, as well as what type of compensation the injured party is entitled to. In tort
lawsuits, the injured party—referred to as the ―plaintiff‖ in civil cases seeks compensation,
through the representation of a personal injury attorney, from the ―defendant‖ for damages
incurred (i.e. harm to property, health, or well-being).
There are 3 main types: intentional torts, negligence, and strict liability.
Intentional Torts
 Battery: Making unwanted, offensive, or harmful contact with another person.
 Assault: An attempt to cause harm or an action of a threatening nature.
 Fraud: The act of lying or making misrepresentations to another person.
 Trespass: The use of another person‘s property without their permission.
 Infliction of emotional distress: Intentionally frightening another individual,
causing severe emotional or mental distress.
Negligence Torts
 Car/bicycle/motorcycle accidents: If a driver (or rider) speeds and hits a pedestrian
causing injuries, the driver can be found negligent. motorcycle accidents are common and
our motor cycle accident attorney can help.
 Slip and fall: A slip and fall claim is common when an individual falls and injures
themselves on the premises of another person‘s property.
 Medical malpractice: Medical malpractice occurs when a medical professional does
not provide a reasonable or competent degree of care, resulting in harm to the patient.
Strict Liability
 Product liability: Product liability deals with cases of harm or injury caused by
defective products made available to the public by manufacturers, suppliers, or retailers.
 Owning wild animals: Owners of wild animals will be held liable should any of the
animals escape and injure another individual.
 Exceptionally dangerous activities: For instance, a truck carrying volatile chemicals
or hazardous materials can be liable for any harm caused from a spill or explosion.
Q6. Attempt any one part of the following (10 x 1 = 10)

(a). Meaning of Intellectual Property Rights(IPR)


All the rights linked with intangible assets possessed by an individual or business to
safeguard such assets against unlawful use or exploitation are called intellectual property
rights. Such rights are granted to the creators of intellectual property so that their
creations cannot be used by others without their permission.
Intellectual Property Rights are important because of the following reasons:
1. Boost Business Growth: There are chances of business ideas/strategies being stolen by rival
businesses in order to capture the firm‘s market share and decelerate business growth. Therefore,
small and medium enterprises need to protect their exclusive goods and services because losing
out on market share and potential customers can be very harmful to such firms in the beginning
stages. Thus, IPRs help such firms by preserving their ideas.
2. Easing the Marketing Process: Intellectual property is an essential tool for creating an
identity for a business. It helps a firm in distinguishing its own products and services in the
market from those of others; thus, encouraging easier reach to the target customers, thereby
making the whole marketing process very seamless.
3. Safeguarding Unique Ideas: Many a time people try to copy the creation of others for their
own commercial profit. It becomes essential to protect such ideas and creations from rival parties
to ensure exclusivity and uniqueness in one‘s own creation.
4. Raising Funds: Any Intellectual Property Right owner is free to monetise and commercialise
his Intellectual Property assets through sale, licensing and use as a guarantee for debt financing.
Intellectual Property Rights can also be used to raise funds through public borrowings, loans, and
government subsidies.
5. Enhancing Export Opportunities: A business with registered IPRs can use its brands and
designs to market its goods and services in other markets too. It means that a business with
registered IPRs can tap into franchising agreements with foreign companies or export their
patented products.

Types of Intellectual Property Rights(IPR)

The different types of Intellectual Property Rights include:


1. Copyright:
Copyright refers to the right to ―not copy‖. It is a right pertaining to Intellectual property such as
literature, art, music, sound recording, and cinematography. Copyright prohibits the unauthorised
use of the content, including acts such as the reproduction and distribution of copies of the
subject matter. Copyright enables the protection of work automatically as soon as the work
comes into existence. The registration of the copyright, though not mandatory, is essential to
exercise the right in case of an infringement.
2. Trademark:
A trademark is any word, name, and symbol, or a combination of words, names, and symbols that
lets us identify the goods made by an individual, company, or organisation and also differentiates
such goods from those of other parties. Examples of trademarks include the Apple logo, LG
logo, Dell logo, Audi logo, etc. There are many kinds of trademarks available to a goods/service
provider in India such as Product marks, Service marks, Collective marks, Certification marks,
Shape marks, Pattern marks, and Sound marks. The registration of a trademark, though not
mandatory, is essential to establish exclusive rights over such marks.
3. Geographical Indication:
A geographical indication is used to identify and distinguish agricultural, natural, or
manufactured products from one geographical location to another. Manufactured products further
entail handicrafts, industrial goods, foodstuffs, etc. Such indications play a very important role in
highlighting the various components of our heritage, and collective goodwill of a certain
geographical region, that has been created over a period of time.
For example, many food items such as fruits and other things like wool, yarn, etc., come with
labels on their packages that specify the state or region they have been cultivated in or
manufactured in so as to reap the benefits of their goodwill, like Darjeeling is famous for its tea,
Nagpur is famous for its oranges, Kashmir for its Pashmina wool, etc.
4. Patent:
It is a right conferred upon the inventors of a certain device or entity. Patents are conferred only
upon inventions and not the discovery of a phenomenon. Invention here refers to coming up with
a device or an idea with your own mind, whereas discovery means simply getting to know and
find out something that already exists in the universe. The distinction between discovery and
invention can be understood with the following example: Isaac Newton discovered gravity when
he saw an apple falling from a tree while Alexander Graham Bell invented the telephone. In this
case, the telephone can be patented for being an innovation, but not the gravitational laws.
5. Design:
Nowadays customers face an enormous choice of products, including many that offer the same
basic functionality. So they will tend to choose the one with the design they find the most
attractive within their price range. Industrial products and handmade goods are the primary
entities that use design laws. These include cars, telephones, kitchen utensils, electrical
appliances, etc. Such rights entitle the right holder to control the commercial production, import,
and sale of products with the protected design.
(b).

Q7. Attempt any one part of the following (10 x 1 = 10)

(a). A company is a voluntary association of persons recognised by law having a distinctive


name and common seal formed to carry on business for profit with capital divisible into
transferable shares, limited liability, a corporate body and perpetual succession
Features of Joint Stock Company
A joint stock company (JSC) is a type of corporate entity that allows investors to own shares in a
company.
It provides investors with the opportunity to diversify their portfolios, access liquidity, and enjoy
certain tax advantages. Let‘s explain the features of joint stock company:
1. Limited Liability
The shareholders of a joint stock company enjoy limited liability, meaning that they cannot be held
personally responsible for any debts the company may incur.
This means that any losses incurred by the company are limited to the amount of investment by
each shareholder.
2. Ownership Structure
A joint stock company has an ownership structure that is based on the number of shares held by
each shareholder.
This allows for a more equal distribution of control and power within the company, which can lead
to more efficient decision-making.
3. Transferable Shares
The shares of a joint stock company are transferable, meaning that they can be sold or exchanged
between shareholders without the consent of the other shareholders or the company it.
This makes it easier for shareholders to exit the company if they no longer wish to be involved.
4. Easier Access to Capital
Joint stock companies have an easier time accessing capital from investors because they can offer
shares in exchange for capital.
This allows the company to raise funds more quickly and efficiently than other business entities.
5. Tax Advantages
Joint stock companies may also benefit from certain tax advantages. For example, profits made by
the company may be taxed at a lower rate than those of other corporate entities.

(b). E-Governance is an application of Information and communication technology, which


provide all government related services online, which limits human errors as well as
human interference.
In today‗s time E-Governance provide certain roadmap for efficient delivery of services at
door step. E-Governance plays vital role while reducing corruption from our society. It
provides Government– customer, Government–Business and Government– Government
Services with proper utilisation of resources.
There are three Basic groups that can be important in any E-Governance that are
Government, Customer and Business that provides backbone to any E-Governance
System. There are certain types of models which we use for transformation of E-
Governance System are: _ Government to Citizen _ Citizen to Government _
Government to Business _ Government to Government. These models are used for
transformation of Communication and Information between the groups of E-Governance.
Objective of E-Governance
There are some important objectives of E-Governance:
1.To Enhance Public Services:
One of the important objectives of
E-Governance is to be enhancing the services that are provided to public by the
government.
By providing all the services online, it reduces human effort as well as enhancing the
public services as well.

2.To Increase Interplay between Government and Citizen:


In today‘s speedy world, everyone needs to communicate in fast speed as well as
they need fast interaction with government as well. So using E-Governance platform, it
provides all the services at fast speed and they gets all information in certain time span.

3.Availability of Information at any place:


Due to Internet, we can easily provide government related information to any
citizen at anywhere they want using E-Governance. It is also very easy to E-
Business stakeholders to participate in Auction from anywhere.

4. To promote citizen participation in government:


With increased in population day by day, it is also an important thing that each and
every people of any country should have to participate in Government of their
countries. E-Governance plays vital role while participating each and everyone in
government process, by improving overall participation of citizens in the decision
making.

5.To Reduces the Corruption:


One of the most important objectives of E-Governance is to reduce the corruption
from governing system. By all things related to government becomes digitalise
including information transfer, online auction, providing
All certificates to the people online, it just reduces the corruption from the system.

6.To Reduce The Cost Of Services:


By using E-Governance services our aim to reduce the cost of services. By reducing the
expenditures on physical transfer of information and services. By using digital
transfer of all the information related to government using E-mails we can
cutting down the expenditures of government by reducing the cost on
stationeries used for information transfer.

7.To Reduce Reply Time by the government:


Using E-Governance we can easily reply to the citizen‘s complaints and queries in
limited time period. E-Governance provides services to citizen to Enhance their
feedback facility provided to citizens by the government.

 Different models of E-Governance:


There are basic four types of e-Governance models are present, which includes:
Government to Government
Government to citizen
Government to Business
Government to employee

Government to Government Model:


In this case, the flow of information and communication flows only between the
different governments bodies. This model is used for the government by government,
where all information related to government has transfer between government bodies
using E-Governance. Main objective of this model is to be increased the speed of work
and performance of government.

Government to Citizen Model:


In this case, this model creates an interface between government and citizens. This
model is used for efficient transfer of services of government to citizen in the form of E-
Governance model. Where it provides 24 hours and 7 days services to citizen for
interacting with government without any time bound, which also reduces the citizens
effort for accessing the government services.

Government to Business model:


In this case, government provides easy access to business community for accessing
the government services for different business purposes, including permits, license, tax
payments services directly through online gateways. The main goal of this model is to be
increased transparency and speed of work between different government bodies and
business community.

Government to Employee model:


In this model, Government provides online tools and resources to employee to
maintain the communication between government and their own community. It Provides
e-benefits to employee to pay their tax, bills and other payments online using online
gateways. It also benefits to employee to communicate with their colleagues via email
and other communication mediums provided by E-Governance model

 Requirements of E-Governance:

For Best implementation of any E-Governance Project we all are required to fulfil its
needs, which include:
Availability of computers centres,
fast internet,
Literature percentage must be increased as well as
Proper utilization of resources .

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