LAWS OF INDIA

 M/s. Hindusthan Development Corporation Ltd. v. The Deputy Registrar of Trade Marks TRADE MARKS M/s. Hindusthan Development Corporation Ltd. v. The Deputy Registrar of Trade Marks (1954-5) 59 C.W.N. 320 : AIR 1955 Cal. 519 Dictated by Sikha ma'am     (1) Whether the word “Rasoi,” if and when used as a trade mark for the   hydrogenated groundnut oil manufactured by the appellant company, has a direct  reference to the character or quality of the goods within the meaning of  section 6(1)(d)  of the Trade Marks Act, 1940, and is, as such, outside the ambit of that clause?   (2) If the answer to the first question be in the negative, that is to say, if the true view be that the word “Rasoi”, when used as a trade mark for the appellant’s oil, cannot be said to have such direct reference, must the mark be still proved to be distinctive in order to be eligible for registration, or should it be taken to be regarded as prima facie distinctive by the Act itself?  (3) ....in view of the fact

 Legislative drafting: a new sub-discipline of law is born by Professor Helen Xanthaki             It is rare that at this day and age an academic can witness, and narrate to others, the birth of a new sub-discipline. Much more so when this does not refer to a science-oriented area of research, which may well be justified by a possible development of brand new technology. Yet, at the Sir William Dale Centre for Legislative Studies, we have observed the birth of a new sub-discipline of law: legislative drafting                                       Until recently legislative drafting was viewed as a mere skill, normally and mostly, served by government lawyers. The idea was that the drafting of legislation was nothing more but know-how learnt via mentoring by brilliant lawyers whose job was to basically switch the table round from the normal lawyer’s task of statutory interpretation of existing legislation to the extra-ordinary task of drafting legislation with a vision on how this wou