Author: PRASANNASRI26092001

PATENT RIGHT CHALLENGES IN ARTIFICIAL ORGAN TRANSPLANTATION: PATENTING BIOMEDICAL DEVICES AND ORGAN PRINTING IN INDIA

AUTHOR – BOWYADARSHINI K & HEMAVARSHINI S 

STUDENTS AT SASTRA DEEMED TO BE UNIVERSITY

BEST CITATION – BOWYADARSHINI K & HEMAVARSHINI S, PATENT RIGHT CHALLENGES IN ARTIFICIAL ORGAN TRANSPLANTATION: PATENTING BIOMEDICAL DEVICES AND ORGAN PRINTING IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 24-31, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Through a doctrinal research methodology, the paper analyzes statutory provisions, leading judicial pronouncements, and international standards such as the TRIPS Agreement and WIPO guidelines. Comparative insights are drawn from jurisdictions like the United States and the European Union, where patent laws provide a broader scope for biotechnology and medical device innovations. The paper explores fundamental issues of novelty, inventive step, and industrial applicability in relation to artificial organs, while also addressing the challenges posed by hybrid inventions combining biological and mechanical elements.

Furthermore, the research evaluates the balance between patent protection and public health imperatives, particularly in the light of compulsory licensing provisions under Sections 84 and 92 of the Patents Act. It highlights how excessive patent monopolies could lead to affordability concerns and limited accessibility of life-saving technologies, thereby necessitating a policy framework that incentivizes innovation without compromising public health objectives. The findings suggest that while Indian patent law offers a structured mechanism for protecting biomedical inventions, the existing exclusions under Section 3 and ambiguous interpretations create uncertainty for innovators in the field of artificial organ technology. The paper concludes by recommending reforms that align Indian patent law with global best practices, ensuring clarity on patent eligibility criteria for biomedical devices and fostering an ecosystem conducive to innovation and ethical compliance.

STRATEGIC TARIFF & ECONOMIC LEVERAGE US – CHINA TRADE PHASE

AUTHOR – SRIHARI.S, LLM STUDENT AT AMITY SCHOOL OF LAW NOIDA

BEST CITATION – SRIHARI.S, STRATEGIC TARIFF & ECONOMIC LEVERAGE US – CHINA TRADE PHASE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 13-23, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/UDHC4607

ABSTRACT

The ongoing trade confrontation between the United States and China has redefined the global economic order, signaling a transition from traditional protectionism to a new era of strategic economic statecraft. This research critically examines how the use of tariffs has evolved into a mechanism of geopolitical leverage, shaping trade diplomacy, technological competition, and international economic governance. By analyzing policy measures introduced since 2018, the study explores whether such tariffs have fulfilled their intended goals of correcting trade imbalances or have instead generated systemic^[1] instability within global markets. Through the lens of neomercantilist and realist economic theories, the paper investigates how both nations have weaponized interdependence, influencing global supply chains and multilateral institutions such as the World Trade Organization. 

The findings reveal that while strategic tariffs may offer short-term negotiation advantages, they often undermine long-term economic resilience and mutual interdependence, leading to supply chain fragmentation and institutional distrust. The research concludes that the U.S.–China trade relationship now stands at a critical crossroads—where economic competition must evolve into cooperative regulation to preserve global stability. Ultimately, this paper contributes to the understanding of how economic instruments, when used strategically, can both empower and endanger the global trade system.    

Keywords: Strategic Tariffs, Economic Leverage, U.S.–China Trade War, Global Supply Chains, Economic Statecraft, WTO, Geoeconomics

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[1] David A. Baldwin, Economic Statecraft(Princeton University Press, 1985), at 42–45 (discussing how nations employ economic instruments, including tariffs and sanctions, as tools of political influence rather than mere trade regulation). 

CRIME AND ATROCITIES AGAINST WOMEN: A STUDY OF DOMESTIC VIOLENCE IN CHHATTISGARH

AUTHOR – SAMTA DEWANGAN, LLM STUDENT AT KALINGA UNIVERSITY RAIPUR

BEST CITATION – SAMTA DEWANGAN, CRIME AND ATROCITIES AGAINST WOMEN: A STUDY OF DOMESTIC VIOLENCE IN CHHATTISGARH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 01-12, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ALYT7079

ABSTRACT

Chhattisgarh a central Indian state with a substantial tribal population continues to face significant challenges regarding crimes and atrocities against women, particularly in the form of domestic violence. This research paper presents a comprehensive analysis of the magnitude, patterns, and driving factors behind domestic violence in Chhattisgarh, drawing on the latest government records, National Crime Records Bureau (NCRB) data for 2023, and relevant academic literature. The study aims to unravel the social, legal, and structural determinants of violence, offering insights into both state-level trends and the unique vulnerabilities of tribal and rural women.Using a mixed-methods approach, the research collates quantitative data from government and NCRB reports on crime categories rape, assault to outrage modesty, cruelty by husbands or relatives, dowry deaths, and other forms of violence alongside qualitative findings from peer-reviewed studies and field surveys focused on tribal communities. In 2023, Chhattisgarh registered 6,920 cases of crimes against women, with “assault with intent to outrage modesty” (31%), “cruelty by husband or relatives” (28%), and “rape” (21%) forming the majority. Many offences remain underreported, particularly in marginalized tribal districts. Alcohol abuse, lack of legal literacy, poverty, and deep-rooted patriarchy emerge as key catalysts.The study examines state legal responses, especially under the Protection of Women from Domestic Violence Act, 2005, highlighting a high charge-sheeting rate of over 92% but far lower conviction rates. While Chhattisgarh has invested in protection officers, helplines, and awareness campaigns, challenges persist in implementation, particularly in remote areas. Tables and a pie chart visualize the distribution of offence types and temporal trends, enriching comparative context and aiding policy analysis.Findings stress the need for tailored, community-based interventions to address underreporting, improve access to legal and psychological support, and build institutional capacity to serve the most vulnerable groups. Recommendations include legal literacy drives, capacity-building for police and protection officers, and expanded outreach among SC/ST and rural women. The research underscores that, despite legal progress, combating domestic violence in Chhattisgarh requires an integrated approach blending reform, outreach, and grassroots advocacy, grounded in local realities and backed by sustained data monitoring.

Key words: Chhattisgarh, domestic violence, crimes against women, tribal communities, NCRB data

‘BULLDOZER JUSTICE’ IN INDIA -A MODEL OF GOOD GOVERNANCE OR A BRICOLAGE OF GLOBAL AND TERRITORIAL HUMAN RIGHTS VIOLATIONS?

AUTHOR – DR SOHINI BANERJEE, ASSOCIATE PROFESSOR AT INDIAN INSTITUTE OF SOCIAL WELFARE AND BUSINESS MANAGEMENT (IISWBM) KOLKATA

BEST CITATION – DR SOHINI BANERJEE, ‘BULLDOZER JUSTICE’ IN INDIA -A MODEL OF GOOD GOVERNANCE OR A BRICOLAGE OF GLOBAL AND TERRITORIAL HUMAN RIGHTS VIOLATIONS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 751-760, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Like ethnic cleansing, retaliatory or collective punishment is a subject of International humanitarian law and contrary to International and domestic legislations.This paper focuses on the startling findings of two recent human rights violation reports by Amnesty international and along with it the requirement of an ethical corporate stance that must be taken by a multinational manufacturer of bulldozers.Two recent February 2024 Reports by Amnesty International’s research exposes that Indian authorities in the states of Assam, Delhi, Gujarat, Madhya Pradesh, and Uttar Pradesh have carried out targeted demolitions as deterrent punishment against Muslims people’s homes, business and places for worship for allegedly participating in protests and communal violence. Such forced evictions and collective and arbitrary punishment, impact the rights to adequate housing, livelihood, life and liberty and fair trial of many, including men, women, children and elderly persons. The demolitions were carried out by the respective state authorities without any prior consultation, adequate notice, and alternative resettlement opportunities. Demolitions were also discriminatory ,causing the displacement and dispossession of Muslims, creating unbearable living conditions for the larger Muslim community and sustaining stigmatization and criminalization of Muslims. No relief or compensation has been made by the state authorities for affected parties. Victims who have initiated legal action in Indian courts are continuing their legal battles. No one worried about the effects of such collective punishment on women, children and families.

Keywords: Bulldozers, Human Rights, Muslims, Dispossession, Demolition(228 words)

ALTERNATIVE DISPUTE RESOLUTION (ADR) IN INDIA: A MODERN PATH TO JUSTICE

AUTHOR – ANURAG SHEORAN, STUDENT AT GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – ANURAG SHEORAN, ALTERNATIVE DISPUTE RESOLUTION (ADR) IN INDIA: A MODERN PATH TO JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 747-750, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

Justice delayed is justice denied — this timeless saying captures one of the most persistent challenges faced by the Indian legal system. With more than 4.5 crore cases pending across Indian courts, the need for an efficient, affordable, and speedy mechanism of dispute resolution has become more pressing than ever. In this context, Alternative Dispute Resolution (ADR) has emerged as a powerful tool to supplement traditional court litigation.

ADR refers to a range of techniques that enable disputing parties to resolve their conflicts outside formal courts. It includes arbitration, mediation, conciliation, negotiation, and Lok Adalats. The core philosophy of ADR lies in promoting amicable settlement, procedural flexibility, party autonomy, and confidentiality.

In this blog, we will explore the concept, evolution, legal framework, and importance of ADR in India, along with landmark judgments and challenges in its implementation.

PATENTABLE AND NON-PATENABLE SUBJECT MATTERS

AUTHOR – SEKAR V, LLM STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – SEKAR V, PATENTABLE AND NON-PATENABLE SUBJECT MATTERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 738-746, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Patent law constitutes a critical component of intellectual property systems, designed to stimulate innovation by conferring exclusive rights upon inventors for limited durations. However, patent protection operates within defined boundaries, making comprehension of eligibility criteria vital for inventors, attorneys, researchers, and policymakers. This study examines eligible and ineligible categories under patent law, analyzing legal frameworks, foundational principles, and modern challenges.

Patentable subject matter encompasses innovations qualifying for protection under governing legislation. Most jurisdictions require four fundamental criteria: eligibility as appropriate subject matter, novelty, non-obvious inventive step, and practical utility or industrial applicability. Notably, inventions satisfying novelty, inventiveness, and utility may still face rejection if positioned outside legally recognized eligible categories.

This research analyzes eligible domains including industrial processes, machines and apparatus, manufactured products and chemical compositions, technological improvements, computer-implemented inventions, and biotechnological innovations. Business methods previously enjoyed broad protection but now require demonstration of substantial technical contributions beyond abstract concepts.

Ineligible categories typically comprise abstract ideas, natural laws and phenomena, aesthetic designs, scientific discoveries, medical treatment methods, ethically problematic inventions, plant and animal varieties, and game rules. Exclusion rationales include preserving fundamental knowledge as public resources, ethical concerns regarding ownership, and recognition that alternative protections like copyright may better suit certain creations.

This research demonstrates that distinguishing eligible from ineligible subject matter represents fundamental policy choices balancing innovation incentives against public access to knowledge, competitive markets, and ethical concerns. Patent systems must adapt to technological advancement while maintaining consistency and considering broader implications for innovation policy, economic development, and social welfare

KEY WORDS – Patent eligibility, Patentable subject matter, Non-patentable inventions, Intellectual property law, Innovation protection, Statutory exclusions, Biotechnology patents, Emerging technology challenges

JUDICIAL REVIEW AND OVERREACH IN ECONOMIC POLICIES: A CONSTITUTIONAL AND COMPARATIVE STUDY

AUTHOR – DEEPAN SUNIL R, AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)

BEST CITATION – DEEPAN SUNIL R, JUDICIAL REVIEW AND OVERREACH IN ECONOMIC POLICIES: A CONSTITUTIONAL AND COMPARATIVE STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 728-737, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research paper examines the complex interplay between judicial review and economic policymaker in India, with particular focus on judicial overreach. While judicial review serves as a critical constitutional safeguard against arbitrary state action, excessive judicial intervention in economic policies raises concerns about separation of powers, democratic accountability, and economic efficiency. Through analysis of landmark judgments including R.K. Garg v. Union of India, BALCO Employees Union v. Union of India, and recent cases on spectrum allocation, coal blocks, and the 2024 electoral bonds case, this paper evaluates the evolving role of Indian judiciary in economic governance. The study adopts a comparative approach, examining the American “rational basis test” alongside India’s more expansive constitutional jurisprudence. The research concludes that while judicial review remains essential to prevent arbitrariness and protect fundamental rights, courts must exercise restraint in substituting their judgment for democratically elected institutions on matters of economic policy.

FORENSIC LINGUISTIC ANALYSIS OF MISUSE OF PROTECTIVE LAWS THROUGH NARRATIVE MANIPULATION IN LEGAL COMPLAINTS

AUTHOR – HIMANSHU & MUKUL VERMA

LLM STUDENS AT FAIRFIELD COLLEGE OF MANAGEMENT AND TECHNOLOGY, AFFILIATED TO GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY(GGSIPU)

BEST CITATION – HIMANSHU & MUKUL VERMA, FORENSIC LINGUISTIC ANALYSIS OF MISUSE OF PROTECTIVE LAWS THROUGH NARRATIVE MANIPULATION IN LEGAL COMPLAINTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 726-727, APIS – 3920 – 0001 & ISSN – 2583-2344

Introduction

Protective laws are put in place to protect people from harassment, discrimination, domestic abuse, and other negative situations.  But in recent years, worries about the abuse of these laws through fabricated, inflated, or carefully crafted legal complaints have increased.  Such abuse damages real victims by undermining the legitimacy of safeguards, in addition to undermining the integrity of the legal system.  Forensic linguistics, the scientific study of language in legal contexts, is important in this regard.  In complaints that seem to be manipulated, it assists in identifying linguistic patterns, narrative inconsistencies, and signs of deceit.  This essay investigates how narrative manipulation using forensic linguistic analysis can reveal the abuse of protective laws.

EMPOWERING MARGINAL FARMERS: A CRITICAL ANALYSIS OF FARMER PRODUCER COMPANIES IN INDIA

AUTHOR – ASHIKA* & KARTHIHARAN Y**

* PG SCHOLARS AT LLM, DEPARTMENT OF LAW, CENTRAL UNIVERSITY OF TAMIL NADU, THIRUVARUR

BEST CITATION – ASHIKA & KARTHIHARAN Y, EMPOWERING MARGINAL FARMERS: A CRITICAL ANALYSIS OF FARMER PRODUCER COMPANIES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 722-725, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

In India, the Farmer Producer Company (FPCs) or Farmer Producer Organisations (FPOs) are the pillars for rural development. Farmer-Producer Companies are a hybrid legal entity, formed to empower the small and marginal farmers in India through collective action. Initially, FPCs are conceptualised under the Companies Act, 1956; later, it was emerged in the Companies Act, 2013. Government institutions like the National Bank for Agricultural and Rural Development (NABARD) and the Small Farmers Agricultural Consortium (SFAC) also provide certain initiatives for FPC development.

However, with strong institutional backing, the FPCs are facing crucial operational challenges, including poor financing, lack of awareness among farmers, inadequate infrastructure and marketing facilities, and governance issues. This article examines the FPC model, analyses the supporting legal and policy framework, details some of the specific challenges faced by FPC members, and concludes with targeted, suggestive measures for enhancing their empowerment and sustainability.

Key Words: Farmer-Producer Companies, Empowering Marginal Farmers, Challenges faced by Members

“SHAREHOLDER’S RIGHTS AND REMEDIES UNDER THE COMPANIES ACT, 2013”

AUTHOR – ANANYA SINGH, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – ANANYA SINGH, “SHAREHOLDER’S RIGHTS AND REMEDIES UNDER THE COMPANIES ACT, 2013”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 711-721, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The Companies Act, 2013 represents a transformative milestone in the evolution of corporate governance in India, making a decisive departure from the comparatively managerial-centric framework under the Companies Act, 1956. Designed to enhance transparency, accountability, and shareholder empowerment, the 2013 Act introduces a more comprehensive, rights-based scheme for company members. Its legislative architecture explicitly recognizes shareholders not merely as contributors of capital but as indispensable stakeholders whose participation, scrutiny and oversight are central to the integrity of the corporate form. This expanded statutory consciousness is reflected in strengthened voting rights, enhanced access to information, increased participation in meetings and procedural innovations such as postal ballots, e-voting and electronic dissemination of documents. However, conflicts often arise between majority and minority shareholders, necessitating statutory safeguards and legal remedies. This study seeks to examine the scope and effectiveness of shareholders rights and remedies as provided under the Companies Act, 2013, with special reference to the protection of minority interests. Shareholders are not interested in their active interest in the work and management of the company.

In India, there are several remedies available for shareholders which protect their rights, these includes derivative action, fraudulent activities, false statement and documents, etc. protection and evaluation of shareholders is important in and necessary for creating fair, transparent and responsible corporate world. The research primarily aims to identify whether the rights granted to shareholders, such as voting rights, dividend rights, right to information, and participation in meetings are adequate and effectively enforced in practice. It further investigates whether the statutory remedies available under section: 241-246 (oppression and mismanagement) and section: 245 class action suits) provide sufficient protection against managerial abuse and corporate misconduct.

Keywords: Shareholders Rights, Minority Protection, Oppression and Mismanagement, Corporate governance.