Author: PRASANNASRI26092001

IMPACT OF GLOBALIZATION AND LIBERALISATION ON INDIAN COMPANY LAW

AUTHOR – ASHRAF RAJA, STUDENT AT AMITY UNIVERSITY, AMITY UNIVERSITY, PATNA

BEST CITATION – ASHRAF RAJA, IMPACT OF GLOBALIZATION AND LIBERALISATION ON INDIAN COMPANY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 105-114, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The liberalization and globalization of the Indian economy have greatly affected company law and its application in India. India has transitioned from a controlled, closed economy to a liberalized economy aiming for global integration. The reforms focused on removing barriers to trade, foreign investment, and export promotion in India and aimed to make Indian companies competitive in domestic and international markets. All of this required a complete restructuring of the legislative framework governing companies in India to ensure conformity with international standards of corporate governance and adherence to practices that promote transparency and accountability. The Companies Act of 1956, which governed company matters for decades, became increasingly inadequate in dealing with the corporate requirements under the liberalized regime. As a result, the Companies Act of 2013 was enacted, reflecting the need for modernization and important changes in various corporate features such as corporate social responsibility, independent directors, and one-person companies, as well as better disclosure norms. Overall, the law seeks to strengthen investor protection, attract foreign direct investment, and enhance corporate governance in line with international practices and standards. Globalization has also led to the convergence of company law with International Financial Reporting Standards (IFRS) and International Accounting Standards (IAS), ensuring an economy more aligned with global practices. These changes have ensured that the accounts of Indian companies are well presented, following IFRS, and are more comparable on a global level. The role of the conducting and supervising agencies has also become significant and requires stringent compliance with the new rules along with the listing agreements set forth by the Securities and Exchange Board of India (SEBI), National Company Law Tribunal (NCLT), National Financial Reporting Authority (NFRA), and other regulatory bodies. The researcher tries to find out how globalization and liberalization have transformed Indian company, especially through reforms like companies Act,2013 to align international standards, improve corporate governance and attract foreign investment

Keywords: Globalization, Liberalization, Indian Company Law, Companies Act 2013,

GI AND CULTURAL APPROPRIATION : EMERGING FAULTLINES IN IPR

AUTHOR – SHREYASEE BANGA, STUDENT AT ARMY INSTITUTE OF LAW, MOHALI

BEST CITATION – SHREYASEE BANGA, GI AND CULTURAL APPROPRIATION : EMERGING FAULTLINES IN IPR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 90-104, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Geographical Indication (GI)  is a form of Intellectual Property which identifies goods having special geographical origin and possesses qualities or a reputation that are due to that place of origin. They not only protect the economic value of goods but also act as preservers of culture and heritage. With the rapid pace of Globalization, expanding markets and facilitating cross-border trade, tensions exists between GI protection and the issue of cultural appropriation. Cultural Appropriation occurs through misuse, commercialization or re-interpretation of traditional goods without any acknowledgement of their origin or compensation.  This raises questions about the adequacy of IPR laws to safeguard cultural heritage. This article analyses intersection of IPR, specifically GI law with the issue of  Cultural appropriation. It also explores international agreements, mainly TRIPS & Lisbon Agreement and national law, namely Indian GI Act, 1999. Case studies such as disputes over Darjeeling tea, Basmati Rice, Kolhapuri Chappals and Prada illustrates the glaring limitations of current GI laws in preventing cultural misrepresentation and appropriation. The article argues that emerging fault lines stem from cross-border disputes, digital reproduction, e-commerce exploitation, & commercialization. To address these shortcomings, the article proposes integration of GI with Traditional Cultural Expressions protection, Sui Generis laws for indigenous communities and strengthening enforcement and community participation. Ultimately, IPR requires a re-evaluation to ensure that the legal system goes beyond mere name-based protection and establishes the rights of traditional communities to control their heritage and culture.

KEYWORDS : Geographical Indication (GI) , Intellectual Property Rights (IPR), Cultural Appropriation, Traditional Cultural Expressions (TCE) , Sui Generis Laws.

ROLE OF COPYRIGHT LAW IN PROTECTING EDUCATIONAL MATERIAL

AUTHOR – RAUSHAN KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – RAUSHAN KUMAR, ROLE OF COPYRIGHT LAW IN PROTECTING EDUCATIONAL MATERIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 82-89, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Education has long stood as a fundamental driver of human advancement, consistently shaping society and fuelling innovation. In today’s rapidly evolving landscape, the boundaries of learning have stretched far beyond conventional classrooms and libraries, embracing online platforms, interactive applications, video lectures, and AI-powered tools. Amidst this digital surge, a significant challenge emerges: safeguarding the rights of content creators while ensuring equitable access to knowledge for learners^[1]. This discussion investigates the critical function of copyright law in maintaining this balance, underscoring its ongoing relevance within educational systems. A historical lens—from the advent of the printing press and England’s Statute of Anne to the development of India’s Copyright Act of 1957^[2]—reveals copyright’s persistent role in protecting intellectual output, whether textbooks, scholarly articles, instructional videos, or lesson plans. Central to copyright are structured exceptions such as “fair use” and “fair dealing,” which aim to facilitate educational activities without undermining creators’ interests. The underlying philosophy of copyright centres on two objectives: recognizing and compensating creators for their contributions, while also preserving the unimpeded flow of knowledge essential for learning and innovation. Additionally, the concept of moral rights—ensuring proper attribution and safeguarding the integrity of original works—highlights the ethical dimensions of copyright in academic contexts. The complexities of copyright infringement, particularly regarding “substantial similarity,” present ongoing challenges. Distinguishing between protected expression and general ideas is especially nuanced in education, where content overlap is both common and, at times, necessary. The digital era has intensified these complexities, allowing for the instantaneous duplication and distribution of resources and prompting new questions surrounding AI-generated content, digital libraries, and open educational resources (OERs). While technological measures such as watermarking, digital rights management, and controlled digital lending offer partial solutions, there remains a pressing need for clear legal frameworks and updated licensing models. Looking ahead, this analysis advocates for policies that broaden educational exceptions, foster open access, and promote international harmonization of copyright standards. Effective collaboration among policymakers, educators, creators, and technologists is essential to strike a sustainable balance between access and protection, particularly within the rapidly expanding domains of AI and online education.

Keywords: policymakers, watermarking, digital rights, innovation, complexities

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[1] India. Copyright Act, 1957, No. 14, Acts of Parliament, 1957.

[2] Patterson, L. R. (2012). Copyright in historical perspective. Oxford University Press.

PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA

AUTHOR – ABHISHEK KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ABHISHEK KUMAR, PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 76-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The tension between intellectual property rights and public health stands as one of the defining dilemmas of our era. Patents, while intended to incentivize innovation—particularly in pharmaceuticals—often have the unintended consequence of restricting access to essential, life-saving medicines. Elevated prices, patent monopolies, and supply chain barriers routinely leave millions, especially those in low- and middle-income countries, without the treatments they need. Within this global landscape, India holds a pivotal position; as a leading producer of affordable generic medicines, it serves as an indispensable resource for nations facing significant health challenges. This study critically examines the global crisis of access to medicines, illuminating the persistent gap between pharmaceutical innovation and public availability. Diseases such as malaria, tuberculosis, dengue, and HIV continue to disproportionately impact the world’s most vulnerable populations, yet market priorities tend to favour profit over pressing health needs. The analysis addresses key aspects of patent law, including the rationale and inherent challenges of granting exclusivity, as well as international frameworks—most notably the TRIPS Agreement—that govern the accessibility of medicines worldwide. In the Indian context, measures such as Section 3(d) of the Patents Act, compulsory licensing, and parallel importation have played a significant role in curbing practices like “ever greening” and ensuring the supply of affordable drugs. The strength of India’s generics industry has, in effect, contributed to saving millions of lives internationally. Further, the study assesses the responsibilities of the pharmaceutical sector, weighing the ethical imperative to balance profit motives with public welfare. It also explores emerging legal and technological solutions, including patent pools, voluntary licensing, advancements in AI-driven drug discovery, and open-source initiatives. Policy recommendations centre on maintaining legal flexibilities, fostering research for neglected diseases, leveraging technological developments, enhancing regulatory oversight, and expanding access to affordable healthcare.

Key words: incentivize, pharmaceuticals, leveraging, pivotal, dilemmas

TAXATION OF DIGITAL HUMANS AND AI – GENERATED WORK: RETHINKING FISCAL LIABLITY IN THE AGE OF AUTONOMOUS INTELLIGENCE

AUTHOR – DEEPA .G, LLM (TAXATION LAW) POST GRADUATE STUDENT IN SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, THARAMANI CHENNAI 113.

BEST CITATION – DEEPA .G, TAXATION OF DIGITAL HUMANS AND AI – GENERATED WORK: RETHINKING FISCAL LIABLITY IN THE AGE OF AUTONOMOUS INTELLIGENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 61-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The fast growth of artificial intelligence has given rise to digital humans, virtual influencers, and autonomous AI systems that can generate significant income through creative, commercial, and algorithmic activities. This new development challenges the basic principles of current tax laws, which focus on human authorship, residence, and identifiable income sources. This study aims to explore how tax laws can change to keep pace with this digital landscape, where non-human entities can generate and earn revenue independently. It looks into the main question of who should be taxed for AI-generated work. Should it be the developer, the user, the platform, or the AI itself? The study also addresses the complexities of jurisdiction, valuation challenges, and income classification in international AI operations. By examining international approaches such as the OECD’s digital economy initiatives and the European Union’s proposals, the research aims to identify gaps in policy and suggest a framework for India and other regions. Ultimately, this paper emphasizes the urgent need to redefine taxable personhood, income classification, and liability in the age of artificial intelligence to promote fairness, responsibility, and legal certainty in global tax systems.

KEYWORDS: artificial intelligence taxation, digital humans and virtual influencers, AI-generated income, taxable personhood, jurisdiction and source of income, international tax frameworks, OECD digital economy model, and legal reform for AI-driven work.

COPYRIGHT CHALLENGES IN THE ERA OF ARTIFICIAL INTELLIGENCE AND GENERATIVE CONTENT

AUTHOR – VIRAT SRIVASTAV, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – VIRAT SRIVASTAV, COPYRIGHT CHALLENGES IN THE ERA OF ARTIFICIAL INTELLIGENCE AND GENERATIVE CONTENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 55-60, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has revolutionized creative industries, blurring the lines between human authorship and automated generation. This paper explores the complex legal, ethical, and policy challenges surrounding copyright in the era of AI and generative technologies. It examines how existing copyright frameworks—built on human creativity—struggle to accommodate machine-generated works. The analysis incorporates international perspectives, including U.S., U.K., and Indian legal systems, and discusses landmark judicial decisions such as Naruto v. Slater, Thaler v. Comptroller-General of Patents, Designs and Trade Marks, and relevant Indian jurisprudence. A comprehensive discussion of authorship, originality, ownership, and enforcement challenges is followed by a critical evaluation of possible reform approaches. The paper concludes by suggesting a balanced framework that recognizes human-AI collaboration while upholding the foundational principles of copyright law.

Keywords: Copyright, Artificial Intelligence, Authorship, Originality, Generative Content, Intellectual Property Law, Automation, India.

LEGALITY OF ABORTION

AUTHOR – B. SMRUTHI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR

BEST CITATION – B. SMRUTHI, LEGALITY OF ABORTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 49-54, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Abortion is still one of the most contentious and controversial topics within the area of reproductive rights and healthcare. Laws regarding abortion in India have changed substantially over time, based on changing social attitudes, advances in medicine, and changing legal conceptions.

Medical Termination of Pregnancy Act, 1971, is the law that regulates abortion in India. It allows termination of pregnancy in certain circumstances like danger to the life of the mother, serious foetal abnormalities, or failure of any contraceptive used by the couple. These provisions are made to protect women’s health while keeping in view the intricacy of reproductive choices.

The MTP Amendment Act, 2021, made significant reforms by increasing access to abortion services. Among the most significant reforms is the increase in the gestational limit for abortion from 20 to 24 weeks for specific categories of women, such as survivors of sexual assault, minors, and situations involving foetal abnormalities. The amendment is a progressive step in acknowledging women’s reproductive autonomy.

The Supreme Court of India in its path-breaking verdicts has been at the forefront in the interpretation and consolidation of abortion rights. The Court has held that right to decide in regard to one’s body comes under the purview of the constitution Article 21.

Around the world abortion and laws and policies differ but the central issue remains the same balancing a woman’s right to autonomy, privacy, and health with moral, ethical, and societal considerations.

This paper seeks to analyse the historical development, existing legislative standards, and social effects of laws on abortion with special reference to India’s progress toward inclusive and safer reproductive health policies.

Keywords: Termination, foetal, gestation

EQUITY IN THE TRANSFER OF PROPERTY ACT: RECONSTRUCTING REMEDIES THROUGH INTENT

AUTHORS – YASHIKA SARAF & MIMANSA KATHPAL

STUDENTS AT O.P. JINDAL GLOBAL UNIVERSITY

BEST CITATION – YASHIKA SARAF & MIMANSA KATHPAL, EQUITY IN THE TRANSFER OF PROPERTY ACT: RECONSTRUCTING REMEDIES THROUGH INTENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 42-48, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the context of equitable remedies under the Indian Transfer of Property Act, 1882 (TPA), this study examines Professor Peter Birks’ fundamental distinction between civil “wrongs” and “not-wrongs,” where the possibility of compensation delineates a breach of duty. ^[1]It contends that although the Indian Transfer of Property Act, 1882 (TPA) is based on equitable principles, this binary is applied inconsistently, producing frequently unfair results.

To illustrate this conflict, the analysis focusses on particular provisions. It asserts that enhancements made in good faith (S. 51) and transfers made by an apparent owner (S. 41) are appropriately regarded as “not-wrongs,” giving transactional certainty precedence and avoiding unjust enrichment, and so simply requiring restitution. Conversely, S. 43 of the TPA unfairly elevates a “not-wrong” to the rank of a “wrong,” placing compensation obligation on a non-culpable party by confusing fraudulent and simply erroneous transfers.

The article concludes that fairness under the TPA might be improved by a stricter implementation of Birksian taxonomy.^[2] The Act could more effectively accomplish its goal of balancing fairness for all parties, including transferors, transferees, and true owners, by purposefully calibrating remedies—reserving compensation for genuine wrongs (fraud, breaches of fiduciary duty) and restricting “not-wrongs” to restorative remedies—instead of favouring one class of innocent parties over another.

Keywords: Transfer of Property Act, 1882, wrongs, not-wrongs, equity, compensation, remedy

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[1] Mahima Balaji, Response Paper: Property Law 1–3 (Jindal Global Law School, Spring 2024) 

[2] Peter Birks, Rights, Wrongs, and Remedies, 20 Oxford J. Legal Stud. 1, 1–37 (2000).

SOFTWARE PATENTS: CHALLENGES IN THE INDIAN LEGAL CONTEXT

AUTHOR – SUYASHI VINIT, STUDENT AT AMITY UNIVERSITY

BEST CITATION – SUYASHI VINIT, SOFTWARE PATENTS: CHALLENGES IN THE INDIAN LEGAL CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 37-41, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The intersection between software innovation and patent protection represents one of the most contested areas in intellectual property law. In India, while the IT sector forms a cornerstone of economic growth, the patentability of software remains a complex legal question. This paper examines the evolution, legal framework, and policy challenges surrounding software patents in India. It evaluates the interpretation of Section 3(k) of the Patents Act, 1970, through the lens of judicial decisions and Patent Office guidelines. Comparative analysis with the United States, European Union, and Japan highlights varying approaches to protecting computer programs. The paper concludes that India’s cautious stance aligns with public interest and innovation balance but calls for nuanced reform to encourage indigenous software development without stifling creativity or competition.

Keywords: Software patents, Section 3(k), Indian Patent Act, algorithm, computer program, TRIPS Agreement, innovation, intellectual property.

ROLE OF IPR IN PROTECTING FOLK ART AND CULTURE

AUTHOR – ARYAN RAJ, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – ARYAN RAJ, ROLE OF IPR IN PROTECTING FOLK ART AND CULTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 31-36, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Folk art and traditional cultural expressions—let’s just call them TCEs for simplicity—are basically the soul of a community. I mean, this stuff isn’t just pretty pottery or catchy songs; it’s the DNA of a people. We’re talking everything from wild dances and grandma’s bedtime stories to weaving, pottery, and some mind-bending ritual symbols. All of it says, “Hey, this is who we are!” It’s not just about making art. It’s about sticking together, knowing how to live with nature, and being proud of your roots. But, man, the threats are real. Globalization is steamrolling everything, tech is changing how we live, and suddenly, you’ve got companies (and sometimes clueless tourists) swiping designs and tunes, slapping them on T-shirts, and selling them without even a nod to the folks who made them. That’s a double whammy—no money, no credit, and slowly, the culture just fades away because the next generation is too busy scrolling TikTok to learn how to weave or tell those old stories. Now, here’s the kicker: regular intellectual property laws? Pretty much useless here. They’re built for inventors and big business, not villages and oral traditions. Copyright, patents, trademarks—all that jazz—only works if you’ve got something “original,” written down, and with an expiration date. Most folk art doesn’t check those boxes. It’s a group thing, passed down, tweaked over time, and half the time, it’s not even written anywhere. So yeah, if someone steals it, good luck fighting back in court. People aren’t just sitting around, though. There’s been some creative lawyering—“sui generis” systems, for example, which just means “one of a kind.” These let communities actually own their stuff together, get protection forever, and make sure outsiders have to ask before using anything. You’ve also got Geographical Indications (think Champagne from France or Kanchipuram silk from India) and collective trademarks that make sure the real deal comes from the real place, with the real people getting paid. Big shots like WIPO and UNESCO are trying to help too, sharing advice and pushing for international rules that don’t totally suck for traditional artists. They’re like the nerdy but helpful older sibling. Look around the world—India, Africa, bits of Europe, Latin America—and you’ll see some wins. When communities take charge, document their art, teach the next generation, and set up fair ways to share the profits, things start to look up. But honestly, legal protection is just one piece. What really matters is respect—letting communities call the shots, making sure they benefit, and giving them space to keep traditions alive while letting them change, too. Bottom line: If we actually care about folk art and TCEs, we’ve got to move past cookie-cutter laws. We need flexible, respectful systems that let culture breathe, grow, and still stay connected to its roots. That way, we don’t just preserve the past—we give it a future. Keywords: Geographical Indications, Trademarks, Copyright, Patents, Intellectual Property