Author: PRASANNASRI26092001

COMPARATIVE ANALYSIS OF PATENT PROTECTION

AUTHOR-NIDHI JHA, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – NIDHI JHA, COMPARATIVE ANALYSIS OF PATENT PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 76-79, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the relationship, conflict and complementarities between patent protection and academic publication (referred to here as “publication” or a “published certificate” such as DOI-registered works). It is aimed at law students and explores the doctrinal foundations, procedural steps, strategic considerations, comparative advantages, and real-world implications of choosing to patent an invention versus publishing it. The analysis covers legal requirements, timing issues (novelty and prior disclosure), rights conferred, duration and scope, enforcement, and policy rationales. The paper concludes with practical guidance for researchers, innovators, and legal practitioners on harmonising publication aims with patent strategy.

KEYWORDS – Patent protection within the field of Intellectual Property Rights (IPR) generally fall into categories related to the legal framework, the innovation process, and commercial implications.

THE INTERNATIONAL TREATIES & CONVENTION IN RELATION WITH TRADEMARKS

AUTHOR- ATIYA SHAINA, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – ATIYA SHAINA, THE INTERNATIONAL TREATIES & CONVENTION IN RELATION WITH TRADEMARKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 63-66, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This work investigates the evolution, scope, and impact of the major international conventions and treaties governing trademarks in the context of globalization, dynamic trade practices, and intellectual property law harmonization. The research highlights how the expansion of cross-border commerce and information technology has necessitated the development of an extensive international legal framework for trademark protection. Beginning with bilateral arrangements, the historical trajectory of trademark law quickly shifted towards comprehensive multilateral agreements to ensure uniformity and procedural efficiency.

Central to the study are foundational treaties such as the Paris Convention of 1883, which introduced principles of national treatment, right of priority, and independence of trademark rights among member states. The Madrid Agreement (1891) and Madrid Protocol (1989) revolutionized trademark registration, enabling owners to secure protection in more than one hundred countries through a unified application system administered by the World Intellectual Property Organization (WIPO). The Nice Agreement (1957) and Vienna Agreement (1973) standardized the classification of goods, services, and figurative elements, paving the way for more consistent international filings. The Nairobi Treaty (1981), the Trademark Law Treaty (1994), and the Singapore Treaty (2006) further harmonized legal standards, registration, and renewal procedures, reducing administrative complexity for international applicants.

Significantly, the study explores the role of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO), which binds member states to minimum standards of trademark protection and robust enforcement mechanisms. The research also analyses India’s progression in adapting its domestic law to comply with international conventions, particularly since becoming a party to the Madrid Protocol and TRIPS Agreement.

Drawing on primary sources, treaty texts, and recent academic commentary, this work concludes that international conventions and treaties have meaningfully advanced the protection, registration, and enforcement of trademarks. They have fostered economic growth, innovation, and consumer trust by establishing consistent legal frameworks adaptable to changing market realities. Nevertheless, challenges remain in practical enforcement and in harmonizing standards across diverse jurisdictions. The findings underscore the continuing necessity of cooperative international legal frameworks as commerce becomes increasingly global and digital.[1][2][3][4][5]

Keywords- International,” “Intellectual,” “Property,” “Rights,” “Country,” “Protection,” “Jurisdiction,” and “Law”.

“EVOLUTION OF THE INTERNATIONAL PATENT SYSTEM”

AUTHOR – FAHAD ALAM, AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – FAHAD ALAM, “EVOLUTION OF THE INTERNATIONAL PATENT SYSTEM”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 72-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The evolution of the international patent system has been a complex and multifaceted process, shaped by technological advances, economic imperatives, and political conflicts since the late nineteenth century. Initially emerging during the industrial revolution in Europe, the patent system was born out of a surge in inventive activity but was not directly aligned with economic development or innovation. In fact, during the mid-nineteenth century, opposition to patents grew in response to concerns about monopolies stifling national economies and international trade. For instance, the Netherlands abolished its patent system in 1869, only to reintroduce it decades later, while other European nations adopted protectionist laws disadvantageous to foreign competition.

Early patent grants, such as those in Renaissance Italy and the Venetian Patent Act of 1474, primarily honoured inventors rather than conferring exclusive economic rights. The Statute of Monopolies (1623) in England marked a shift, laying the foundation for modern patent law by recognizing inventors’ rights primarily for the benefit of society rather than the individual. By the eighteenth and nineteenth centuries, the system spread to continental Europe, the United States, and Latin America, each adapting patent laws to promote local industries and industrialization.

A significant turning point came with the increased internationalization of trade and innovation in the late nineteenth century. Despite widespread adoption, the “patent controversy” of this era revealed tensions between expanding inventors’ rights and fears of monopolistic abuses. This controversy influenced international efforts, culminating in the Paris Convention of 1883, which established essential principles- national treatment, right of priority, and working requirements—each designed to harmonize and facilitate global patent protection.

Throughout the twentieth century, a series of revision conferences refined the system, gradually shifting focus from local working and revocation towards compulsory licensing, and ultimately reducing the regulatory autonomy of less developed countries. These changes increasingly favored the interests of industrialized nations, particularly with the advent of global agreements like TRIPS. Overall, the development of the international patent system has reflected a recurring struggle between rewarding individual innovation, advancing societal interests, and balancing disparities between developed and developing nations.

Keywords- Patent, Monopoly, Innovation, Compulsory Licensing, Industrial Revolution.

COMPARATIVE STUDY OF ILO CONVENTIONS VS. NATIONAL OSH LAWS: GAPS AND IMPLEMENTATION CHALLENGES

AUTHOR – AMIT RANAWAT, STUDENT AT CENTRAL UNIVERSITY OF TAMIL NADU

BEST CITATION – AMIT RANAWAT, COMPARATIVE STUDY OF ILO CONVENTIONS VS. NATIONAL OSH LAWS: GAPS AND IMPLEMENTATION CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 67-71, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The International Labour Organization (ILO) has promulgated key conventions to provide a global standard for occupational safety and health (OSH), notably Convention No. 155 (Occupational Safety and Health, 1981) and Convention No. 187 (Promotional Framework for Occupational Safety and Health, 2006). This paper presents a comparative analysis of these ILO conventions and national OSH laws across selected countries, highlighting gaps between the international normative framework and domestic legislation, as well as implementation challenges. Drawing on the ILO LEGOSH database, national legal texts, and published literature, the study employs a qualitative gap analysis methodology. Findings reveal significant divergence in ratification, policy adoption, inspection systems, and preventive culture. Key obstacles include limited ratification, resource constraints, weak tripartite governance, insufficient enforcement, and lack of alignment with ILO’s fundamental principles. The paper discusses how these gaps hinder effective OSH governance, and offers recommendations for strengthening national frameworks a crucial step toward achieving safer work environments worldwide.

Keywords: ILO; Convention 155; Convention 187; Occupational Safety and Health; national OSH laws; implementation gaps; legal alignment

SUCCESSION RIGHTS OF ILLEGITIMATE AND ADOPTED CHILDREN

AUTHOR – SOURAV SAHU, STUDENT AT BIRLA GLOBAL UNIVERSITY

BEST CITATION – SOURAV SAHU, SUCCESSION RIGHTS OF ILLEGITIMATE AND ADOPTED CHILDREN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 54-62, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study looks at the rights of children born outside of marriage (commonly called “illegitimate” children) in India’s several personal law systems, with a focus on guardianship, inheritance, maintenance, and status. In India, a number of personal laws that apply to

different religious groups—including the Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, the Indian Succession Act of 1925 (for Christians), and Islamic personal law— have developed differently with regard to children born outside of marriage. In the past, these children were denied full inheritance and succession rights and experienced social and legal prejudice. Their rights have been gradually increased by recent jurisprudence,

nevertheless. For example, Section 16(3) of the Hindu Marriage Act recognizes children born of void or voidable marriages as legal and they are entitled to both (in some cases) ancestral property and the self-acquired property of their biological parents. However, legal experts point out that they still have limited standing in joint family (coparcenary) property.

Legitimate and illegitimate children may inherit equally under the Indian Succession Act. However, in the fields of guardianship, maintenance, and religious law, loopholes still exist. This study makes the case that, in spite of progressive case law, the fragmentation of personal laws still prevents a unified protective framework. It suggests legislative reform (possibly a uniform civil code) to guarantee equal rights for all children, regardless of their parents’ marital status.

Keywords-Succession Rights, Illegitimate Children, Adopted Children, Inheritance Law, Personal Laws in India.

COOPERATIVE FEDERALISM UNDER THE CONSTITUTION OF INDIA

AUTHOR – HARSHWARDHAN HARPUDE, LLM STUDENT AT SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – HARSHWARDHAN HARPUDE, COOPERATIVE FEDERALISM UNDER THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 52-53, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Cooperative federalism is a fundamental principle of the Indian Constitution, which envisages a collaborative relationship between the Union government and the states. This principle is essential for promoting unity and integrity, ensuring economic and social development, and addressing the diverse needs of different regions. In this seminar paper, we will explore the concept of cooperative federalism under the Constitution of India.

INTELLECTUAL PROPERTY RIGHTS (IPR): MEANING, GROWTH, AND PRESENT-DAY ISSUES

AUTHOR – NAGMANI ROY, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – NAGMANI ROY, INTELLECTUAL PROPERTY RIGHTS (IPR): MEANING, GROWTH, AND PRESENT-DAY ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 50-51, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YNWF1601

Introduction

Intellectual Property Rights (IPR) are legal protections granted to creators for their original intellectual efforts. These rights cover a wide range of human creativity—such as inventions, artistic works, software, brand identities, industrial designs, and traditional products. By giving creators exclusive control over their work, IPR encourages innovation, supports economic growth, and promotes fair competition in society.

FORENSIC PREPAREDNESS AND GENDER JUSTICE IN INDIA: ANALYZING GAPS IN POLICE TRAINING AND FORENSIC INFRASTRUCTURE IN CRIMES AGAINST WOMEN

AUTHOR – AYUSHI YADAV, ADVOCATE, JIWAJI UNIVERSITY GWALIOR

BEST CITATION – AYUSHI YADAV, FORENSIC PREPAREDNESS AND GENDER JUSTICE IN INDIA: ANALYZING GAPS IN POLICE TRAINING AND FORENSIC INFRASTRUCTURE IN CRIMES AGAINST WOMEN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 43-49, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Forensic preparedness forms a critical foundation for achieving gender justice in cases of sexual offences in India, where timely and scientific handling of evidence plays a decisive role in conviction outcomes. The existing legal and institutional mechanisms, including statutory mandates for medical and forensic exams under criminal law, provide a structured framework for the collection, preservation, and evaluation of scientific evidence in crimes against women. However, the study reveals persistent gaps in police training, forensic infrastructure, and inter-departmental coordination that undermine the potential of these legal provisions.

Despite national directives establishing Sexual Assault Evidence Kits and specialised forensic units, implementation remains inconsistent. Shortage of trained personnel, delays in forensic analysis, and non-adherence to chain-of-custody standards weaken evidentiary value and create barriers to justice delivery.  While specialised units and trauma-sensitive procedures are mandated, police often lack gender-sensitive training and forensic literacy, resulting in compromised evidence collection. Judicial authorities have consistently emphasised the importance of scientific evidence and professional investigation standards, affirming that procedural lapses can lead to miscarriage of justice.

This research paper highlight the need for systematic capacity-building, technological upgrades, and strict monitoring mechanisms to ensure standardised forensic practices. Strengthening police-forensic-medical coordination, enhancing victim-support structures, and adopting digital case-tracking systems are essential to improving justice outcomes.  A holistic approach integrating scientific investigation, administrative reform, and survivor-centric protocols is necessary to reinforce public trust and secure gender justice in India.

JUDICIAL REVIEW AND OVERREACH IN IPR: A COMPRATIVE ANALYSIS OF TRADEMARK

AUTHOR – SATWIK ARYAN, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – SATWIK ARYAN, JUDICIAL REVIEW AND OVERREACH IN IPR: A COMPRATIVE ANALYSIS OF TRADEMARK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 39-42, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The delicate balance between judicial activism and judicial restraint is a cornerstone of constitutional governance, particularly relevant in specialized and rapidly evolving fields like Intellectual Property Rights (IPR). This paper examines the role of judicial review in trademark law, focusing specifically on instances where court interventions might be perceived as judicial overreach, essentially interfering with the legislative and executive domains of policymaking and administration.

The study employs a comparative doctrinal analysis, focusing on trademark jurisprudence in India and the United States, two jurisdictions with different approaches to the separation of powers and judicial interpretation. It traces landmark case law and statutory interpretations to highlight how the boundary between legitimate judicial interpretation of trademark statutes (e.g., in cases of deceptive similarity, dilution, or non-conventional marks) and judicial legislation is often blurred in practice. The paper argues that while judicial review is a vital mechanism to protect the fundamental rights of trademark holders and consumers, an expansive exercise of this power can lead to uncertainty and a lack of clear statutory guidelines, potentially eroding the predictability of IPR enforcement.

KEYWORDS

Judicial Review, Judicial Overreach, Intellectual Property Rights (IPR), Trademark Law, Comparative Analysis, India, United States, Judicial Activism, Separation of Powers.

THE REGULATIONS FOR DRUG CLINICAL TRIALS IN GOVERNMENT OF INDIAN LAW

AUTHOR – MR. YADAIAH J, LL.M,(PH.D) FACULTY OF LAW, BHASKAR LAW COLLEGE OSMANIA UNIVERSITY

BEST CITATION – MR. YADAIAH J, THE REGULATIONS FOR DRUG CLINICAL TRIALS IN GOVERNMENT OF INDIAN LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 32-38, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/YPFL3741  

YADAIAH.J   COMMENTS ON THE REGULATIONS FOR DRUG CLINICAL TRIALS IN GOVERNMENT OF INDIA LAW  MAKES AN ATTEMPT TO BALANCE OF PHARMACY INDUSTRY DEVELOPMENT AND WITH PUBLIC HEALTH, IN THIS REGARDS

ABSTRACT

The development of a new drug is a long process. Once the promising compound is identified, it has to be investigated in laboratory studies and be tested on laboratory animals. After years of work the newly developed drug is ready for clinical trials, or the testing on human volunteer.
Clinical trials with safeguards are necessary for the introduction of new drugs for a country like India considering its disease burden and emergence of new variants of diseases. It is the only way of establishing the safety and efficacy of any new drug before its introduction into the market for human use.

The major ethical risks detected in clinical research were related to errors in the methodology of obtaining informed consent, monitoring the participant’s safety during the clinical trial, and falsifying collected data.

A few famous cases of ethical misconduct were found and analyzed, and methods to decrease the risk of the re-appearance of such problems have been listed. Finally, this review is an invitation to explore the complexity of the methodology of clinical research and its ethical and legal risks, and to find new ways to mitigate the possibility of such risks related to the research process.

The Drugs and Cosmetics Act, 1940, and the Rules made thereunder-as also the New Drugs & Clinical Trials Rules, 2019-form the legal basis for these regulations.

MATERIALS AND METHODS A search of two electronic databases was performed using the terms malpractice OR ethical issues OR methodological errors OR legal issues AND clinical trials OR pharmacological research OR drug research OR psychopharmacology.

Keywords: clinical trial, volunteers, informed consent, vulnerable population, pharmacological agents, psychopharmacology, and ethical misconduct.