It is said that Indian tort law is fairly
new. It does not give as much freedom as developed country's tort laws. Eg USA.
Are all the tort laws based on the common
principle of seeking remedy
Although
this is a legal or a lawyerly issue, we can discuss the construct of the issue.
as it involves international understanding to some extent.
Laws are
born out of cultural and historical experiences of every country.
We cannot
import laws made in one country to another without modification
Social
issues, historical experiences, cultural context, economic status, religious
background and so many other things go into making of a law.
While the
general definition of TORT law would be to provide succour to the afflicted, it
works differently in different countries.
Now a days
you get luke warm coffee in Starbucks because a women driver spilled hot coffee
on her lap while she was holding it between her thighs when she was driviing a
car!
The
pharmaceutical advertisements in the US nearly discourage you from taking the
medicines as theyy list out all the sideeffects including death, basically
because they want to bring the fine print in front to avoid compensation claims
Surgeon
General insists on gory photos and statutory warnings, not only to protect the
population, but also the companies!
LGBT issues
get prominence in some countries, while in some it is still not accepted.
So, coming
back to the question, I believe law is an evolving creature, made for the good
of the public and hopefully will be used so by the public for benefit rather
than to misuse it.
We cannot
actually compare laws of one country with another
So, the laws are differently made,
understood and implemented in each country?
Sir,
considering the points mentioned... do we think patent law will be successful
in India?
On Patents,
I have an ambivalent view. Again I am not a lawyer, you see!
I am not
sure whether it is good or bad in its entirety. It is like examination, both
needed as well as a devil.
While it
encourages innovation, R&D, by providing incentives to the innovator.
It also
proves to be a dampener of human rights when it can be made universally
available.
So a balance
is required on patents, particularly for developing and poor countries.
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