Author: PRASANNASRI26092001

MUSIC ROYALTIES, STREAMING PLATFORMS, AND THE FUTURE OF COPYRIGHT LAW

AUTHOR – AMBIKA RANI, STUDENT AT AMITY LAW SCHOOL/AMITY UNIVERSITY PATNA, BIHAR

BEST CITATION – AMBIKA RANI, POWER, MUSIC ROYALTIES, STREAMING PLATFORMS, AND THE FUTURE OF COPYRIGHT LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 583-586, APIS – 3920 – 0001 & ISSN – 2583-2344.

In the music industry, where creative output is both a cultural artifact and a commercial product, copyright law has long served as the legal basis for the protection and monetization of artistic expression. It guarantees that composers, lyricists, musicians, and other creative contributors maintain certain legal rights over their work, enabling them to manage the distribution, performance, and commercialization of their music. These rights, which allow musicians to make a living and reinvest in their craft, have historically been essential to preserving the financial sustainability of music production. However, the development of music distribution technology has significantly changed how royalty regimes function and how music is consumed. The emergence of digital music streaming has completely changed the industry’s economic structure, bringing with it both previously unheard-of worldwide access and serious issues with equitable remuneration. This change raises important concerns about whether existing copyright laws are sufficient to support creative work in a time when music is more accessible than ever before but frequently brings in startlingly little money for many of the artists who create it.

THE SCOPE OF MEDIATION AND ARBITRATION IN RESOLVING COPYRIGHT AND PATENT DISPUTES

AUTHOR – DIBYAM, STUDENT AT AMITY LAW SCHOOL/AMITY UNIVERSITY PATNA, BIHAR

BEST CITATION – DIBYAM, POWER, INEQUALITY, AND THE LAW: A SOCIOLOGICAL PERSPECTIVE ON LEGAL SYSTEMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 575-582, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This essay explores the function, boundaries, and usefulness of mediation and arbitration—collectively, “alternative dispute resolution,” or ADR—in settling copyright and patent rights issues. It identifies the primary doctrinal and practical barriers (arbitrability, interim remedies, validity challenges, public policy), maps the domestic and international legal framework, reviews common-law and Indian jurisprudence, and makes recommendations for parties, practitioners, and policymakers to optimise the advantages of alternative dispute resolution (ADR) in intellectual property disputes. Leading Indian rulings, institutional practice (WIPO Arbitration and Mediation Centre), primary tools (UNCITRAL Model Law; national arbitration statutes), and comparative commentary serve as the foundation for the examination. Parties are looking into alternatives to traditional litigation as copyright and patent rights conflicts have become more intense due to the growing globalisation of creative and technological markets. Due to their flexibility, anonymity, affordability, and capacity to include knowledgeable decision-makers, mediation and arbitration—collectively referred to as alternative dispute resolution (ADR)—have become appealing methods for settling such disputes. This essay explores the use of mediation and arbitration in copyright and patent disputes today, with an emphasis on its conceptual constraints, practicality, and legal viability.

Keywords

Intellectual property; arbitration; mediation; arbitrability; copyrights; patents; WIPO; UNCITRAL; India; interim relief; enforceability.

POWER, INEQUALITY, AND THE LAW: A SOCIOLOGICAL PERSPECTIVE ON LEGAL SYSTEMS

AUTHOR – SIJAL SHRIYA, M.A SOCIOLOGY STUDENT AT VASANTA COLLEGE FOR WOMEN, BHU

BEST CITATION – SIJAL SHRIYA, POWER, INEQUALITY, AND THE LAW: A SOCIOLOGICAL PERSPECTIVE ON LEGAL SYSTEMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 570-574, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

​This article provides a sociological critique of the law, challenging the classical liberal ideal of justice as an impartial and neutral arbiter. From a sociological perspective, the law is presented not as a transcendent set of rules, but as a dynamic, human institution that is deeply embedded within society. The article argues that the law is fundamentally entangled with the distribution of power and is a primary mechanism through which social inequalities are structured, maintained, and legitimized. It explores this argument by contrasting foundational functionalist theories, which view law as a tool for social solidarity, with conflict theories, which see law as an instrument of the dominant class. The analysis further deconstructs legal neutrality by examining critical theories, including Critical Legal Studies (CLS), Feminist Jurisprudence, and Critical Race Theory (CRT), as well as the concept of intersectionality. The article also investigates the practical mechanisms of inequality in the “law in action,” such as differential access to justice and the discretion of legal actors. Finally, it concludes by framing the law as a “double-edged sword”: while it serves as a tool of power, it is also a crucial site of social struggle and a vital tool for legal mobilization and resistance.

Keywords – ​Sociology of Law, Power and Inequality, Legal Neutrality, Conflict Theory, Critical Legal Studies (CLS), Feminist Jurisprudence, Critical Race Theory (CRT), Intersectionality, Access to Justice, Legal Mobilization

TRIAL PROCEDURE UNDER THE CODE OF CIVIL PROCEDURE, 1908: WITNESS SUMMONS, DOCUMENT SUMMONS, ADJOURNMENT, AND HEARING

AUTHOR – MAYANK KUMAR, STUDENT AT AMITY UNIVERSITY,PATNA

BEST CITATION – MAYANK KUMAR, ROLE OF CONSTITUTION IN SHAPING CITIZENSHIP LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 565-569, APIS – 3920 – 0001 & ISSN – 2583-2344.

Overview

Trial procedure under the Code of Civil Procedure, 1908 (CPC) is governed by specific Orders that prescribe the mechanisms for summoning witnesses and documents, managing adjournments, and conducting hearings. These procedures ensure the fair and efficient administration of civil justice while protecting the rights of all parties involved. The framework is built upon the principles of natural justice, particularly the doctrine of audi alterum partem (hear both sides).

ROLE OF CONSTITUTION IN SHAPING CITIZENSHIP LAW IN INDIA

AUTHOR – A.B AMBIKA RANI, STUDENT AT AMITY UNVERSITY PATNA

BEST CITATION – A.B AMBIKA RANI, ROLE OF CONSTITUTION IN SHAPING CITIZENSHIP LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 562-564, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION:-

Citizenship is the legal and political relationship between the individuals and the state, encompassing both right and responsibilities. In India, this relationship is constitutionally anchored and reflective of the country’s commitment to democracy, secularism and equality. The legal framework governing citizenship has undergoes significant evolution from accommodating the historical aftermath of partition to addressing contemporary challenges of identify, migration, and national security. The introduction of the Citizenship Amendment Act, 2019 (CAA), alongside proposed mechanisms like the National Register of Citizen (NRC) and National Population Register (NPR), has brought citizenship discourse to the forefront, raising critical question about inclusion, exclusion, and constitutional morality. This paper seeks to analyze the trajectory of citizenship law in India and their intersection with democratic value and human rights, with a focus on legal interpretation and implications for marginalized communities.

JUSTICE DELAYED: AN ANALYSIS OF SYSTEMIC FLAWS AND REFORMS IN THE INDIAN JUDICIARY

AUTHOR – KUMARI PRIYAMVADA, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY, PATNA

BEST CITATION – KUMARI PRIYAMVADA, JUSTICE DELAYED: AN ANALYSIS OF SYSTEMIC FLAWS AND REFORMS IN THE INDIAN JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 558-561, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The judiciary is a cornerstone of governance, tasked with upholding justice and enforcing the rule of law. In India, however, numerous systemic flaws hinder the efficient and timely dispensation of justice. Problems such as case backlogs, delays, corruption, and a lack of transparency persist, causing significant disruptions in the justice delivery system. This paper seeks to analyse these concerns comprehensively, focusing on their impact and the necessity of reform. The article covers the judiciary’s current issues, their root causes, the effects on society, and possible solutions based on case law, research, and recent reforms. The paper also discusses both the negative and positive dimensions of the judiciary’s functioning and concludes with suggestions for improving justice delivery in India.

Keyword:-Indian Judiciary, Judicial Reforms, Justice Delivery System, Case Backlog, Judicial Delays,​Access to Justice, Judicial Accountability, Transparency, Corruption, Undertrial Prisoners, ​Judicial Activism, E-Courts, Digitization, Fast-Track Courts, Public Interest Litigation (PIL)

PATENT LAW UNDER INTELLECTUAL PROPERTY RIGHTS (IPR)

AUTHOR – SUNDRAM KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – SUNDRAM KUMAR, PATENT LAW UNDER INTELLECTUAL PROPERTY RIGHTS (IPR), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 553-557, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The concept of Intellectual Property Rights (IPR) has emerged as a cornerstone of modern innovation and economic development. Among the various branches of IPR, patent law plays a pivotal role in safeguarding technological inventions and promoting creative advancement. A patent grants inventors exclusive rights to their inventions for a limited period, ensuring recognition, financial reward, and encouragement for further research and innovation.

This paper examines the fundamental principles, objectives, and evolution of patent law within the framework of IPR. It explores international instruments such as the Paris Convention, Patent Cooperation Treaty (PCT), and the TRIPS Agreement, which have harmonized global patent systems. Special emphasis is placed on the Indian Patent Act, 1970, its subsequent amendments, and the balance it maintains between promoting innovation and protecting public interest.

The study also analyses key provisions related to patentability, procedure for grant, compulsory licensing, and infringement remedies, supported by landmark judicial decisions. Furthermore, it highlights current challenges in the Indian patent regime, such as evergreening, accessibility to medicines, and adaptation to emerging technologies like biotechnology and artificial intelligence.

Ultimately, the paper concludes that an effective and balanced patent system is essential to encourage innovation while ensuring equitable access to knowledge and technology for societal welfare.

Keywords: Patent Law, Intellectual Property Rights, Innovation, TRIPS Agreement, Indian Patent Act, Compulsory Licensing, Infringing

ADMISSIBILITY OF FINGERPRINT RECOGNITION EVIDENCE IN INDIAN CRIMINAL TRIALS: AN ICT AND LEGAL PERSPECTIVE

AUTHOR – MAHALAKSHMI V, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW

BEST CITATION – MAHALAKSHMI V, ADMISSIBILITY OF FINGERPRINT RECOGNITION EVIDENCE IN INDIAN CRIMINAL TRIALS: AN ICT AND LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 539-552, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The introduction of the National Automated Fingerprint Identification System (NAFIS) and India’s new criminal legal framework—comprising the Bharatiya Sakshya Adhiniyam (BSA), 2023, and the Criminal Procedure (Identification) Act (CPI Act), 2022—has fundamentally shifted fingerprint evidence from a traditional forensic discipline to a high-volume, ICT-enabled domain. This paper undertakes a doctrinal analysis of the legal and technical requirements governing the admissibility of this evidence in Indian criminal trials. It establishes that admissibility now rests on a critical duality: the traditional judicial acceptance of the science as reliable expert opinion (BSA Section 39) must be seamlessly integrated with the stringent procedural standards for electronic records (BSA Section 63). Key findings highlight that the constitutionality of the NAFIS database is intrinsically threatened by the CPI Act’s mandatory 75-year data retention period, which is highly vulnerable to challenge under the proportionality test inherent in Article 21. Furthermore, admissibility relies entirely on procedural compliance, specifically the mandatory Section 63(4) Certificate (KsandK, 2023), which requires accurate documentation of digital integrity via hash value protocols. The current lack of mandatory algorithm validation and standardized forensic training poses significant technical risks to the evidentiary reliability of automated matches. The paper concludes that without immediate policy reforms to standardize protocols, ensure algorithm transparency and harmonizes retention policies with constitutional mandates, the integrity and continued admissibility of this cornerstone of forensic evidence will remain precarious.

Keywords: Fingerprint Recognition; Automated Fingerprint Identification System (AFIS); National Automated Fingerprint Identification System (NAFIS); Bharatiya Sakshyam Adhiniyam (BSA) 2023; Criminal Procedure (Identification) Act (CPI Act) 2022; Electronic Evidence; Admissibility; Right to Privacy (Article 21); Chain of Custody (CoC); Forensic Science.

DIGITAL BIOPIRACY: GENETIC DATA, CLOUD DATABASES, AND THE RISE OF INVISIBLE APPROPRIATION

AUTHOR – ADITI RAJ, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – ADITI RAJ, DIGITAL BIOPIRACY: GENETIC DATA, CLOUD DATABASES, AND THE RISE OF INVISIBLE APPROPRIATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 533-538, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The digitization of genetic information has revolutionized biological research and global innovation but has also given rise to a new and less visible form of exploitation—digital biopiracy. Unlike traditional biopiracy, which involves the physical appropriation of biological materials, digital biopiracy exploits genetic sequences and traditional knowledge stored in cloud databases, often without authorization, compensation, or recognition. The capacity to download, replicate, and modify genetic data across borders has created profound legal, ethical, and jurisdictional dilemmas. This paper explores the evolution of digital biopiracy, the gaps in existing international legal frameworks such as the TRIPS Agreement, the Convention on Biological Diversity (CBD), and the Nagoya Protocol, and the tension between open-access scientific data and sovereign rights over genetic resources. It further examines the role of emerging technologies—artificial intelligence (AI) and blockchain—in reshaping governance and offers policy recommendations for equitable, transparent, and ethically responsible digital genetic data management.

Keywords – Digital Biopiracy, Genetic Data, Intellectual Property Rights, Cloud Databases, Artificial Intelligence, Biodiversity Governance, Data Sovereignty, Biotechnology, Ethical Governance, Global IP Law

BIOPIRACY AND PATENT ETHICS: A GLOBAL GOVERNANCE DILEMMA

AUTHOR – APURVA SINGH, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – APURVA SINGH, BIOPIRACY AND PATENT ETHICS: A GLOBAL GOVERNANCE DILEMMA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 528-532, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Biopiracy has emerged as one of the most contentious ethical and legal challenges in the domain of Intellectual Property Rights (IPR). It involves the unauthorized and uncompensated appropriation of biological resources and traditional knowledge (TK), often from indigenous communities, by corporations or research entities seeking patent protection. The conflict between global patent regimes and the protection of biodiversity-rich developing countries—such as India—reflects a fundamental governance dilemma: how to reconcile intellectual property protection with ethical, equitable access to genetic resources. This paper explores the concept and evolution of biopiracy, examines international legal frameworks such as the TRIPS Agreement, the Convention on Biological Diversity (CBD), and the Nagoya Protocol, and evaluates India’s national legal response through instruments like the Biological Diversity Act, 2002, and the Protection of Plant Varieties and Farmers’ Rights Act, 2001. It critically analyses the ethical implications of patenting life forms, the inadequacy of benefit-sharing mechanisms, and the path forward toward an equitable global IP order that respects indigenous rights and biodiversity sovereignty.

Keywords – Biopiracy, Patent Ethics, Traditional Knowledge, Intellectual Property Rights, TRIPS Agreement, Convention on Biological Diversity, India, Global Governance, Patent Law, Indigenous Rights