Author: PRASANNASRI26092001

  • ARTIFICIAL INTELLIGENCE AND AUTHORSHIP: RETHINKING COPYRIGHT LAW IN INDIA

    ARTIFICIAL INTELLIGENCE AND AUTHORSHIP: RETHINKING COPYRIGHT LAW IN INDIA

    AUTHOR – DIKSHA KUMARI & SUDHANSHU KUMAR

    STUDENTS AT AMITY UNIVERSITY, PATNA

    BEST CITATION – DIKSHA KUMARI & SUDHANSHU KUMAR, ARTIFICIAL INTELLIGENCE AND AUTHORSHIP: RETHINKING COPYRIGHT LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 282-292, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    The rapid evolution of Artificial Intelligence (AI), especially generative AI systems capable of producing literature, music, art, and software code, has fundamentally challenged traditional copyright norms premised on human creativity and original expression. The Indian Copyright Act, 1957, drafted in a pre-algorithmic era, presupposes the existence of a human author as the source of intellectual labour and creativity. With AI now autonomously generating complex works, the Indian copyright regime faces a doctrinal vacuum regarding the status of such works and the attribution of authorship. This article examines whether AI can or should be considered an author within the meaning of Section 2(d) of the Act, drawing upon comparative jurisprudence from the United States, United Kingdom, European Union, and Australia. It discusses foundational concepts of originality, fixation, human authorship, and the incentive theory underpinning copyright law. The article critically evaluates the limited Indian jurisprudence and the brief recognition (and subsequent withdrawal) of an AI system as a copyright author by the Indian Copyright Office. It further explores the competing models of ownership, including programmer-centric, user-centric, corporate-centric, and public-domain approaches, and their policy implications. Finally, it proposes a structured framework for legislative reform, advocating for a hybrid model that recognises the human role in AI-generated works while preventing over-monopolisation of creative outputs. The study concludes that India must modernise its copyright framework by acknowledging AI’s growing role in creative production while preserving the foundational values of authorship, originality, and public interest.

  • DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW

    DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW

    AUTHOR – WAQUI ANWAR &JAYESH KUMAR

    STUDENTS AT AMITY UNIVERSITY, PATNA

    BEST CITATION – WAQUI ANWAR &JAYESH KUMAR, DEVELOPMENT OF SUI GENERIS SYSTEMS IN INTELLECTUAL PROPERTY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 274-277, APIS – 3920 – 0001 & ISSN – 2583-2344.

    Abstract

    Intellectual Property Rights (IPR) have evolved from a traditional framework of patents, copyrights, trademarks, and industrial designs to include a spectrum of rights recognized through sui generis protections. The term sui generis, meaning “of its own kind”, refers to legal mechanisms designed specifically to safeguard subject matters that do not fit neatly within the contours of classical IPR regimes. The proliferation of new technologies, the recognition of indigenous knowledge, biodiversity concerns, plant varieties, semiconductor chips, and databases have necessitated specialized legal structures. This research paper examines the conceptual foundation and historical development of sui generis systems, their necessity in modern intellectual property discourse, and their interaction with global norms, especially under the TRIPS Agreement. The paper explores the evolution of sui generis protection mechanisms in multiple domains, evaluates their strengths and limitations, and analyses how diverse jurisdictions—including India, the United States, and the European Union—have crafted distinct approaches. It further highlights contemporary debates around data governance, artificial intelligence innovations, bio-digital genetic resources, and the challenges of harmonization. Ultimately, the paper demonstrates that sui generis systems reflect the dynamism of intellectual property law and serve as a crucial bridge between traditional legal instruments and emerging socio-economic realities

  • SMART CONTRACTS & LEGAL VALIDITY IN INDIA:   A TICKING TIME BOMB FOR TRADITIONAL AGREEMENTS!

    SMART CONTRACTS & LEGAL VALIDITY IN INDIA:   A TICKING TIME BOMB FOR TRADITIONAL AGREEMENTS!

    AUTHOR- YUVRAJ SINGH* & ANISHA SHAIKH**

    * STUDENT AT BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY) NEW LAW COLLEGE, PUNE

    ** PROFESSOR AT BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY) NEW LAW COLLEGE, PUNE

    BEST CITATION – YUVRAJ SINGH & ANISHA SHAIKH, SMART CONTRACTS & LEGAL VALIDITY IN INDIA:   A TICKING TIME BOMB FOR TRADITIONAL AGREEMENTS!, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 257-262, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/EVYM9839

    Abstract

    The arrival of contracts which are smart has brought a pattern shift in the way agreements are carried off in terms of their performance as well as their implementation. Basically, the smart contracts run on a block chain type of codes, which means that they can also be called as a self-executing contracts because they emerge up with promising features of being efficient, transparent, and most importantly they reduce the dependency on intermediaries. However, in India there are certain growing issues in terms of the adoption of such smart contracts leading to legal and regulatory questions arising.

    Now, obviously when smart contracts come up with such efficient automated code driven contracts so talking about the traditional agreements which are long governed by well-established legal framework, definitely may face certain challenges in terms of their interpretation, enforceability and also the comparison with the contracts which are smart. This article focuses and explores the legal validity of smart contracts in India, also diving deep and examining their true potential to break the common practices of traditional agreements and try to fill up the regulatory gaps that exist. Now, by analyzing the current legal scenario and expected future challenges, it aims to provide awareness into whether smart contracts are truly a revolutionary tool or a ticking time bomb for the traditional agreements.

  • JUDICIAL CREATIVITY IN ADDRESSING TRANSNATIONAL CYBERCRIME: A NEW FRONTIER FOR LAW AND JUSTICE

    JUDICIAL CREATIVITY IN ADDRESSING TRANSNATIONAL CYBERCRIME: A NEW FRONTIER FOR LAW AND JUSTICE

    AUTHOR – MOHD TOUSEEF AIZAZ, STUDENT AT ICFAI UNIVERSITY DEHRADUN

    BEST CITATION – MOHD TOUSEEF AIZAZ, JUDICIAL CREATIVITY IN ADDRESSING TRANSNATIONAL CYBERCRIME: A NEW FRONTIER FOR LAW AND JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 233-247, APIS – 3920 – 0001 & ISSN – 2583-2344.

    ABSTRACT

    In the contemporary digital era, transnational cybercrime presents an unprecedented challenge to national legal systems and the international community. The rapid evolution of technology has outpaced traditional legal frameworks, creating significant gaps in the ability of courts and law enforcement agencies to effectively address cyber offenses that easily transcend geographical boundaries. This research explores the increasing necessity of judicial creativity as courts worldwide adapt, interpret, and extend existing legal principles to meet the demands posed by transnational cybercrime.

    The paper begins by contextualizing cybercrime as a complex and multifaceted criminal phenomenon, encompassing activities such as hacking, data theft, identity fraud, cyberterrorism, and other forms of unauthorized access perpetrated across borders. The borderless and anonymous nature of cyber offenses complicates jurisdictional determinations and evidentiary procedures, highlighting limitations inherent in extant legal regimes. Traditional statutory provisions often lack clear definitions for emerging cyber offenses, while international treaties have struggled to keep pace with technological advances and the sophistication of cybercriminal tactics. As a result, the principle of legality suffers from normative ambiguity, which risks either under-criminalization of harmful conduct or undue overreach by law enforcement authorities.

    Against this backdrop, judicial creativity emerges as a crucial mechanism for bridging legislative lacunae. Judicial creativity involves the innovative interpretation of laws, the harmonization of conflicting jurisdictional claims, and the adaptation of fundamental rights and procedural safeguards to new digital realities. Rather than departing from the rule of law, courts utilize principles of equity, proportionality, and legal reasoning to develop doctrines and standards that address questions unanticipated by lawmakers. This proactive judicial role is indispensable in protecting both public order and individual rights in the cyberspace context.[1]

    The study analyzes landmark judicial decisions from India and other jurisdictions to illustrate how courts have employed creative reasoning to confront novel cybercrime challenges. For instance, Indian courts have expanded the scope of statutory terms such as “communication device” under the Information Technology Act to include evolving technologies, thereby broadening prosecutorial reach. Courts have applied traditional laws governing defamation, privacy, and evidence to digital platforms like social media, setting important precedents for protecting vulnerable populations from online harms. Furthermore, by invoking international mutual legal assistance treaties (MLATs), courts have facilitated cross-border access to electronic evidence, fostering cooperation despite jurisdictional complexities.

    Internationally, courts have adopted doctrines such as universal jurisdiction and the “effects doctrine” to assert extraterritorial authority over cyber offenses when acts committed abroad materially impact domestic interests. Such judicial innovations reflect a growing recognition that cyberspace requires transcending conventional territorial limits in legal adjudication.

    Emerging legal principles shaped by judicial interventions include refined mens rea standards to deal with the intricacies of intent in cyber offenses, enhanced due process norms to balance investigative powers against privacy concerns, and modernized evidentiary frameworks that authenticate and preserve the integrity of digital evidence. These doctrinal developments are critical in managing the speed, anonymity, and complexity of cyber investigations.

    The judiciary has also played an instrumental role in fostering international cooperation and harmonization. Courts have enforced foreign judgments and extradition requests by interpreting laws expansively and applying equitable considerations, even absent explicit statutory mandates. Such judicial activism underscores the vital role courts play in closing gaps in international law and promoting mutual trust among states. Finally, the incorporation of advanced technologies such as artificial intelligence within judicial processes marks a new frontier in legal modernization. AI tools aid judges in managing voluminous digital evidence, conducting risk assessments, and enhancing decision-making. Judicial training programs now emphasize understanding technological opportunities and challenges, positioning courts as central actors in evolving cyber jurisprudence.


    [1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5001545

  • CASE COMMENT:  K.P. TAMILMARAN V. STATE BY DEPUTY SUPERINTENDENT OF POLICE (2025)

    CASE COMMENT:  K.P. TAMILMARAN V. STATE BY DEPUTY SUPERINTENDENT OF POLICE (2025)

    AUTHOR – DR. WASIM RAZA, ASSISTANT PROFESSOR AT EXCELLENT LAW COLLEGE, BORABAS, KOTA, RAJASTHAN

    BEST CITATION – DR. WASIM RAZA, CASE COMMENT:  K.P. TAMILMARAN V. STATE BY DEPUTY SUPERINTENDENT OF POLICE (2025), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 229-232, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JLNX1042

    ABSTRACT

    CITATION: 2025 SCC INSC 576

    BENCH: JUSTICE SUDHANSHU DHULIA.

    JUDGEMENT: April 28, 2025

    In the areas of “honour killings,” police accountability, caste-based violence, and evidentiary jurisprudence in India, the Supreme Court’s ruling in k.p. tamilmaran v. state by deputy superintendent of police[1] are a significant ruling. It shows the Court’s strong stance against crimes motivated by caste, its stress on strict investigation standards, and its reaffirmation of changing principles of evidence (particularly with regard to hostile and related witnesses). At least three intersecting domains are affected by the ruling:

    • Criminal accountability of public servants (especially police officers) in caste atrocity cases;
    •  Evidentiary doctrine regarding hostile/related witnesses and judicial powers under CrPC s. 311/Evidence Act s. 165; and
    • Police duty to register FIRs suo motu and investigate cognisable offenses without prejudice, particularly in cases involving members of Scheduled Castes.

    Keywords: Honour Killings, Cast Based–Violence, CrPc section 311, evidentiary jurisprudence


    [1] 2025 SCC INSC 576

  • SAFEGUARDING CHILD ONLINE- AN EMPIRICAL STUDY FROM CAUSE TO EFFECT

    SAFEGUARDING CHILD ONLINE- AN EMPIRICAL STUDY FROM CAUSE TO EFFECT

    AUTHOR- DR. NEELAM SANJAY DIGHE, ASSISTANT PROFESSOR OF LAW, MODERN LAW COLLEGE, PUNE

    BEST CITATION – DR. NEELAM SANJAY DIGHE, SAFEGUARDING CHILD ONLINE- AN EMPIRICAL STUDY FROM CAUSE TO EFFECT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 222-228, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/CENE6715

    Abstract

    An empirical study on protecting children online is presented in this paper, which traces the reasons behind their susceptibility to the consequences of being exposed to threats online. It uses a mixed-methods approach that combines qualitative interviews with parents, caregivers, and child protection specialists with quantitative surveys of children between the ages of 10 and 17. The study investigates children’s use of the internet, their encounters with hazardous content, grooming, and cyberbullying, as well as parental knowledge and preventative measures. It evaluates the efficacy of existing safety precautions and identifies deficiencies in protective frameworks and digital literacy. The results are intended to help stakeholders, educators, and legislators increase children’s online safety through evidence-based interventions and better digital environment legislation.

    Keywords- Child, Online, Cyber bullying, CRC,POCSO

  • BATTLE OF HEIR OVER PROPERTY IN HINDUS

    BATTLE OF HEIR OVER PROPERTY IN HINDUS

    AUTHOR – AISHWARYA NAYAK & SANIA AKTARI

    STUDENTS OF BIRLA SCHOOL OF LAW, BIRLA GLOBAL UNIVERSITY

    BEST CITATION – AISHWARYA NAYAK & SANIA AKTARI, BATTLE OF HEIR OVER PROPERTY IN HINDUS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 214-221, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT :-

    In every courtroom where families fight over inheritance, the walls echo not with the language of law, but with the silence of broken bonds.

    Legal battles over inheritance are not merely disputes over property; they are deeply human conflicts woven with emotions, expectations, and a yearning for justice. Despite progressive legislation such as the Hindu Succession (Amendment) Act, 2005, which promised gender equality and fairness in succession, Indian families continue to be entangled in prolonged and painful property disputes. These conflicts often stem from a clash between traditional values and modern legal ideals — where cultural conditioning, emotional attachment, and a lack of awareness undermine the spirit of equality enshrined in law.

    This study seeks to explore how inheritance battles reflect the tension between law and life, rights and relationships. It examines why heirs, even when armed with equal legal rights, often resort to adversarial litigation rather than amicable resolution. The paper delves into the limitations of existing legal remedies, the social psychology of ownership, and the emotional cost of justice delayed. Ultimately, it argues that resolving inheritance disputes requires more than legal reform — it calls for empathy, education, and a collective awakening that values relationships over possessions. For in the pursuit of property, families often lose what no court can restore: peace, trust, and the very fabric of kinship.

    Key words :- Hindu succession , trust , possession , heirs

  • CONSTITUTIONAL CHALLENGES IN THE IMPLEMENTATION OF ONLINE GOVERNANCE

    CONSTITUTIONAL CHALLENGES IN THE IMPLEMENTATION OF ONLINE GOVERNANCE

    AUTHOR – MEGHA, LLM (IP) STUDENT AT AMITY UNIVERSITY

    BEST CITATION – MEGHA, CONSTITUTIONAL CHALLENGES IN THE IMPLEMENTATION OF ONLINE GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 202-213, APIS – 3920 – 0001 & ISSN – 2583-2344

    Abstract

    The state governance through the digital turn, has presented some intricate constitutional problems in India that have challenged the breathing of the fundamental rights and the breathing of the state. This article demonstrates the conundra in the constitutional order of India in dealing with the issue of control of the internet in terms of free speech and privacy and due process over the internet. Indian digital governance history and legal history We give a cursory overview of the history of Indian digital governance (i.e. IT Act 2000) and then discuss constitutional values as they are challenged. We examine applicable statutes and policies (IT Act, the intermediary rules previously, DPDPA 2023 13[14]) and significant Supreme Court jurisprudence (eg Shreya Singhal v.). UOI (2015), Puttaswamy v. UOI (2017), Anuradha Bhasin v. UO10I (2010) ([11]) in an attempt to figure out how courts strike a balance between rights and regulation. We cross-border leverage theory and cross-border education as well, like Lessig’s codelaw (code is law), we have the architecture of the network governs behavior ([2]) or Balkin’s idea of information fiduciaries of social media sites having a duty to safeguard user data ([3]). A reflection on the history of the digital sphere of India is also presented, albeit empirically based (e.g., rise in the number of internet jection4 and the largest number of State-imposed Internet shutdowns7). These comparisons may even in the short-term take the shape: approach in India verses US /EU (e.g. GDPR verses new law on India data 16, Sec 230 verses intermediary rules 17). It has been analyzed that even the Constitution of India, which had been written earlier when digital rights had no context whatsoever has actually been used as a reference to protect the digital rights in fact, but there are perhaps some gaps. The Article predicts that digital governance is an era of internet constitutionalism an implementation of normative principles that offers a check on executive authority in the digital space, but interpreting and filling internet constitutionalism is a continuing project of the Indian legal order.

    Keywords Digital constitutionalism; free speech; privacy; Indian Constitution; online governance; IT Act; data protection.

  • ASSIGNMENT AND LICENSING UNDER THE INDIAN COPYRIGHT ACT, 1957: A DETAILED RESEARCH STUDY

    ASSIGNMENT AND LICENSING UNDER THE INDIAN COPYRIGHT ACT, 1957: A DETAILED RESEARCH STUDY

    AUTHOR – ANJALI & TISTA RANJAN

    ADVOCATES, AMITY UNIVERSITY PATNA

    BEST CITATION – ANJALI & TISTA RANJAN, ASSIGNMENT AND LICENSING UNDER THE INDIAN COPYRIGHT ACT, 1957: A DETAILED RESEARCH STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 197-201, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    The rapid modernization of creative industries has heightened the importance of effective copyright management systems, specifically assignment and licensing mechanisms. The

    Indian Copyright Act, 1957, forms the backbone of India’s copyright framework, governing how creators may transfer or authorize the use of their works. This research article provides an extensive doctrinal and analytical study of assignment and licensing under the Act, discussing statutory provisions, judicial interpretations, technological challenges, comparative international norms, and economic implications. The article also delves into issues that arise with digital dissemination, streaming platforms, AI-generated works, and contractual inequities between creators and commercial entities. Through legal analysis and an evaluation of policy developments, the paper aims to provide a comprehensive understanding of the strengths and shortcomings of current copyright transfer mechanisms.

  • PATENT PROTECTION AS A CRUCIAL CATALYST FOR INNOVATION IN THE PHARMACEUTICAL SECTOR

    PATENT PROTECTION AS A CRUCIAL CATALYST FOR INNOVATION IN THE PHARMACEUTICAL SECTOR

    AUTHOR – KUMARI VANDANA SINHA & AAKRITI SINHA

    STUDENTS AT AMITY UNIVERSITY, PATNA

    BEST CITATION – KUMARI VANDANA SINHA & AAKRITI SINHA, PATENT PROTECTION AS A CRUCIAL CATALYST FOR INNOVATION IN THE PHARMACEUTICAL SECTOR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 182-196, APIS – 3920 – 0001 & ISSN – 2583-2344

    ABSTRACT

    Patent protection constitutes one of the most significant legal mechanisms driving pharmaceutical innovation. It provides exclusive rights to inventors, thereby
    enabling the recovery of substantial research and development (R&D) investments
    in a sector characterized by high costs, regulatory scrutiny, and extended approval
    timelines. By ensuring temporary market exclusivity, patent law creates a
    framework that incentivizes pharmaceutical companies to engage in continuous
    technological advancement and drug discovery.

    From a legal standpoint, patent protection embodies the delicate balance between
    private rights and public welfare, a principle deeply embedded in intellectual
    property jurisprudence. However, the same system that rewards innovation can also
    perpetuate monopolistic pricing and limited accessibility to life-saving medicines.

    The global harmonization of patent standards through the Agreement on Trade-

    Related Aspects of Intellectual Property Rights (TRIPS) has intensified debates on how far patent law should protect commercial interests without undermining the
    right to health, recognized under various international human rights instruments.

    This paper critically examines the juridical role of patent protection as both an
    incentive for innovation and a potential barrier to equitable healthcare. It analyzes
    the interpretation of patent rights by courts, the legislative frameworks governing
    pharmaceutical patents across jurisdictions, and the policy tools— such as
    compulsory licensing, patent pools, and parallel importation— designed to mediate
    between exclusivity and accessibility.

    Through doctrinal and comparative analysis, the paper argues that while strong
    patent protection remains essential for sustaining pharmaceutical progress, the
    legal framework must evolve toward a balanced and socially responsive model. A
    recalibrated approach— grounded in public interest, transparency, and global
    cooperation— is imperative to ensure that the legal protection of innovation
    simultaneously upholds the ethical imperatives of justice, equity, and public health.

    Keywords – Patent protection; Pharmaceutical innovation; Intellectual property rights, (IPRs); Research and development (R&D); TRIPS Agreement; Market exclusivity; Access to medicines; Compulsory licensing; Right to health; Knowledge-based economy; Public health policy; Innovation incentives; Pharmaceutical patents; Intellectual property law; Global trade regulations.