Legal Question in Intellectual Property in India

Intellectual property rights
 Ms. Rukmini residing in India
has taken photographs of small
children as a professional
photographer. The photographs
are taken on the theme of
expression of babies. As is present
in India, children are like god and
hence it does not matter if the
photographs are nude. This was an
issue in USA as such kind of
photographs are defined as
pornographical photographs and
are expressly prohibited from being
publicly exhibited. Discuss
jurisdictional issues.

Asked on 11/20/08, 3:15 am

4 Answers from Attorneys

Nasir Butt Nasir Law Associates

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Re: Intellectual property rights

Nudity is not permissible at all in any part of world, with exceptions.

So far as photographs of babies are concerned, their nude pictures are also immoral even they are supposed are god.

Jurisdiction is extended when offender travels and its act affects the area or people. Where offence is committed at place A and offender and its things are found at B, jurisdiction is extended to both places. Offender can be charged either at A or B.

Answered on 11/20/08, 12:23 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Intellectual property rights

the criminal case can be instituted at any place where the photographs are being watched. so, any objectionable article, photograph is actionable at any part of the world preferably at the country where the accused is residing.

Answered on 11/20/08, 3:19 am

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