Author: PRASANNASRI26092001

“PATENT BATTLES IN THE PHARMACEUTICAL INDUSTRY: THE CASE OF COVID-19 VACCINE WAIVERS AND BEYOND”

AUTHOR – ADV. NILESH VITTHAL DAKE, ADVOCATE & PROGRESSIVE EDUCATION SOCIETY’S MODERN LAW COLLEGE, PUNE

BEST CITATION – ADV. NILESH VITTHAL DAKE, “PATENT BATTLES IN THE PHARMACEUTICAL INDUSTRY: THE CASE OF COVID-19 VACCINE WAIVERS AND BEYOND”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 189-193, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The COVID-19 pandemic has profoundly intensified global debates surrounding intellectual property (IP) rights and their intersection with public health equity, particularly by bringing into sharp focus proposals to temporarily waive certain provisions of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These waivers were advocated primarily for COVID-19 vaccines, therapeutics, and diagnostics, aiming to facilitate broader manufacturing and distribution amid unprecedented global health demands. This article presents a multifaceted analysis of the legal, economic, and ethical dimensions of the IP landscape during the pandemic, drawing upon pharmaceutical industry case studies, including high-profile disputes involving mRNA vaccine patents and voluntary licensing arrangements, alongside landmark judicial precedents from India and the United States.

The article examines the evolving policy discussions at the WTO, highlighting the negotiations that culminated in the 2022 Ministerial Decision, which provided limited flexibilities but fell short of broader ambitions. It contrasts the perspectives of developed nations—aligned with pharmaceutical innovators emphasizing the need to preserve R&D incentives—and developing nations, which prioritize equitable access in low- and middle-income countries (LMICs). The evaluation also considers compulsory licensing under TRIPS Article 31, assessing its applications and potential limitations in addressing pandemic-scale challenges.

By situating the COVID-19 crisis within a broader history of IP-driven access conflicts, such as those during treatments for Hepatitis C, the paper employs a doctrinal methodology to critically analyze the underlying tensions. Ultimately, it advocates for a balanced IP framework that reconciles the need for pharmaceutical innovation with the universal right to health, proposing targeted reforms such as strengthened TRIPS flexibilities for emergencies, multilateral technology transfer mechanisms, and investments in manufacturing capacities in LMICs to ensure equitable access to life-saving technologies worldwide.

ENFORCED DISAPPEARANCES AND INTERNATIONAL LAW: INDIA’S RELUCTANCE TO RATIFY THE ICPPED AND ITS DOMESTIC IMPLICATIONS

AUTHOR – ADV. KOMAL SAMBHAJI KAMBLE, LLM STUDENT AT MODERN LAW COLLEGE, PUNE

BEST CITATION – ADV. KOMAL SAMBHAJI KAMBLE, ENFORCED DISAPPEARANCES AND INTERNATIONAL LAW: INDIA’S RELUCTANCE TO RATIFY THE ICPPED AND ITS DOMESTIC IMPLICATIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 182-188, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

The issue of enforced disappearances is not a new phenomenon; it has existed for decades and continues even today. In many parts of India, people face this grave violation of human rights. Enforced disappearances are linked with several forms of abuse and denial of justice, making it one of the most inhumane crimes. At the global level, international law has recognized the seriousness of this problem and has taken steps to prevent and address it^[1]. The International Convention for the Protection of All Persons from Enforced Disappearances, adopted by the United Nations, was created with the aim of eliminating this crime. The first express recognition of enforced disappearance as a crime was included in Article 7(i) of the Rome Statute of the International Criminal Court (adopted in 1998, enforced in 2002). Despite the fact that this crime has deeply affected communities in regions like Jammu & Kashmir, India has still not ratified the Convention. The impact of enforced disappearances is not limited to the direct victims but also inflicts severe emotional and psychological suffering on their families.^[2]

Keywords: enforced disappearances, victim, torture, extrajudicial killings, ICCP

---

[1] Enforced Disappearances and International Law: India’s Reluctance to Ratify the ICPPED and its Domestic Implications 1 (2025).

[2] Rome Statute of the International Criminal Court art. 7(1)(i), July 17, 1998, 2187 U.N.T.S. 90

BALANCING FREEDOM OF ARTISTIC EXPRESSION AND FUNDAMENTAL DUTIES: A CONSTITUTIONAL PERSPECTIVE

AUTHOR – ADV. HARSHA MISHRA, LL.M FINAL YEAR IN DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE, AFFILIATED TO SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – ADV. HARSHA MISHRA, BALANCING FREEDOM OF ARTISTIC EXPRESSION AND FUNDAMENTAL DUTIES: A CONSTITUTIONAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 172-181, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT-

Artistic expression serves as a vital tool for dialogue, cultural enrichment, and social transformation. In India, this freedom is protected under Article 19(1)(a) of the Constitution, which guarantees the right to freedom of speech and expression. However, this right is not absolute. Article 19(2) permits reasonable restrictions to safeguard public order, morality, decency, and national integrity. Further, Article 51A outlines the Fundamental Duties of citizens, emphasizing the need to promote harmony, respect cultural heritage, and uphold the dignity of the nation. This creates a delicate balance between individual liberties and collective responsibilities, particularly when art unsettles prevailing beliefs or social norms. Recent controversies highlight this ongoing tension. The protests against Padmaavat (2018), the backlash to Besharam Rang (2023), and the debate around a socially charged performance on India’s Got Talent (2024) reveal how creative works often face opposition for offending community sentiments. Such cases have prompted judicial scrutiny to determine the boundaries of acceptable expression. This paper critically analyzes the legal framework governing artistic freedom in India, with a focus on evolving judicial interpretations. It explores how state intervention, public morality, and societal sensitivities shape the limits of expression. It also examines whether invoking Fundamental Duties contributes to a culture of censorship or genuinely upholds social cohesion. The study advocates for a balanced constitutional approach—one that protects artistic freedom while respecting the pluralistic values of Indian society. A nuanced framework is essential to ensure that artistic expression continues to flourish as a democratic force without undermining the nation’s ethical and cultural fabric.

Keywords: Artistic Expression, Freedom of Speech, Reasonable Restrictions, Fundamental Duties, Public Morality, Censorship.

A DETAILED ANALYSIS ON PRINCIPLES AND TYPES OF INJUNCTION

AUTHOR – BHAGYADA P.UBALE, LLM 2ND YEAR STUDENT OF DES’S SHRI NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – BHAGYADA P.UBALE, A DETAILED ANALYSIS ON PRINCIPLES AND TYPES OF INJUNCTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 166-171, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“An injunction is an equitable remedy in law that compels a party to do or refrain from doing specific acts. It serves as a crucial tool to prevent irreparable harm and maintain the status quo in legal disputes”.  Historically, the principles of injunction originated from English equity law and became part of Indian jurisprudence through the common law system. With the enactment of the Specific Relief Act, 1963, injunctions found a formal legislative framework in India. In modern legal systems, injunctions remain a vital equitable remedy, used to prevent harm, maintain the status quo, or compel action.Courts issue various types of injunctions like Interim, Permanent, Prohibitoary and Mandatory, based on necessity and urgency. Their application balances the rights of parties, often guided by principles such as irreparable harm, balance of convenience, and public interest. Injunctions are now widely used in civil, commercial, environmental, and intellectual property disputes to ensure fairness and prevent legal violations. The application of principles and types of injunctions lacks consistency and clarity, leading to judicial ambiguity, enforcement challenges, and ethical concerns Injunctions, guided by key principles and diverse types, are vital legal tools that balance rights, prevent harm, and ensure justice in equitable remedies. Strengthen enforcement provisions for injunctions, including more robust penalties for non-compliance, ensuring greater effectiveness in upholding judicial orders. This study aims to explore the principles guiding the issuance of injunctions and analyse the different types of injunctions, their applications, and challenges, with a view to proposing reforms for more effective and equitable legal outcomes.

Key Words – Injunction, Equitable remedy, Principles, Types of Injunction.

“UNITED NATIONS POLICE (UNPOL) THEIR CHALLENGES AND ISSUES: CRITICAL ANALYSIS”

AUTHOR – DEEPALI MOHAN KHALATE, LLM STUDENT AT MODERN LAW COLLEGE, PUNE

BEST CITATION – DEEPALI MOHAN KHALATE, “UNITED NATIONS POLICE (UNPOL) THEIR CHALLENGES AND ISSUES: CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 157-165, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract :

UN police is the main organ of the United Nations Organisation for fulfilling its main purpose of organization that is “Peace Keeping”. UN peacekeeping in its efforts to try to maintain and realize peace and security. Moreover, this milestone invites us to ponder what lies ahead in the realm of peacekeeping. For this reason, this forum article brings together both academics and UN officials to assess the achievements and challenges of UN peacekeeping over the past 75 years.^[1] Through a dialogue among peacekeeping scholars and practitioners, we hope to identify current trends and developments in UN peacekeeping, as well as explore priorities for the future to improve the effectiveness of peacekeeping operations in terms of achieving their mandate objectives, such as maintaining peace, protecting civilians, promoting human rights, and facilitating reconciliation^[2]. This forum article is structured into six thematic sections, each shedding light on various aspects of UN peacekeeping: (1) foundational principles of UN peacekeeping – namely, consent, impartiality, and the (non-)use of force; (2) protection of civilians; (3) the primacy of politics; (4) early warning; (5) cooperation with regional organizations; and (6) the changing geopolitical landscape in which UN peacekeeping operates.

Key words: United Nations Organization, UN Police,  Peacekeeping aspects, Protection of civilians, consent, Impartiality.

---

[1] United Nations. United Nations Police (UNPOL): Overview and Mandate. UN Peacekeeping, 2023. https://peacekeeping.un.org/en/un-police

[2] Duursma, A., Bara, C., Wilén, N., Hellmüller, S., Karlsrud, J., Oksamytna, K., Bruker, J., et al. “UN Peacekeeping at 75: Achievements, Challenges, and Prospects.” International Peacekeeping, vol. 30, no. 4, 2023, pp. 415–476. https://doi.org/10.1080/13533312.2023.2263178.

NFTS AND COPYRIGHT: LEGAL CHALLENGES IN VIRTUAL ASSETS

AUTHOR – PRIYANSHU MISHRA, STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – PRIYANSHU MISHRA, NFTS AND COPYRIGHT: LEGAL CHALLENGES IN VIRTUAL ASSETS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 149-156, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Non-fungible tokens (NFTs) have rapidly transformed the market for digital creativity by creating a novel mechanism for assigning and transferring scarce digital property rights. But NFTs were born on blockchains, not in copyright law textbooks. The result is a persistent and growing mismatch between what an NFT conveys on-chain (a token and metadata pointing to media) and what copyright law governs (exclusive rights in creative works). This article examines the legal challenges that arise at that intersection: ownership vs. copyright, infringement and enforcement, marketplace and platform liability, smart contracts and licensing, moral rights and attribution, cross-jurisdictional enforcement, evidence and remedies, and policy options. It offers practical recommendations for creators, buyers, platforms, and lawmakers to reduce friction and protect both market innovation and authors’ legal rights.

“LEGAL FRAMEWORK FOR BIOMEDICAL WASTE MANAGEMENT IN INDIA :GAPS AND CHALLENGES”

AUTHOR – ADV ARPITA ANIL PITALE, LLM STUDENT DES NAVALMAL FIRODIA LAW COLLEGE PUNE

BEST CITATION – ADV ARPITA ANIL PITALE, “LEGAL FRAMEWORK FOR BIOMEDICAL WASTE MANAGEMENT IN INDIA :GAPS AND CHALLENGES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 140-148, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSRACT

Biomedical waste is one of the most rapidly expanding public and environmental health threats. In India, the Biomedical Waste Management Rules of 2016 came into being to govern the management of such waste by hospitals and clinics. But on the ground, the system has serious lacunas—insufficient segregation, no proper disposal facilities in place, lax enforcement, and insufficient awareness among healthcare professionals. The COVID-19 pandemic exposed these deficiencies further because the increased medical waste overpowered the existing infrastructure. This article discusses the legal regime for biomedical waste management in India, maps out the key challenges in its enforcement, and compares Indian practice with international standards. It contends that while the law on paper is robust, its effectiveness is diminished by weak implementation and narrow accountability. The article proposes practical reform, enhanced monitoring, and green practices to make biomed waste management both legally effective as well as environmentally safe.

KEY WORDS :- Biomedical Waste Management, Environmental Law, Public Health OF India, Biomedical Waste Management Rules, 2016, Legal Framework, COVID-19 Pandemic, Compliance and Enforcement, Sustainable Waste Practices

A CRITICAL STUDY OF 24TH AMENDMENT OF THE CONSTITUTION

AUTHOR – GOPAL SONTAKKE, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

BEST CITATION – GOPAL SONTAKKE, A CRITICAL STUDY OF 24TH AMENDMENT OF THE CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 130-139, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

“In the evolving landscape of Indian democracy, constitutional amendments have always been crucial in shaping governance, with the 24th Amendment of the Indian Constitution, passed in 1971, marking an important chapter in the nation’s legal history.” The 24th Amendment was introduced to resolve conflicts regarding judicial review of constitutional amendments, particularly in light of the basic structure doctrine. By empowering Parliament to amend any part of the Constitution, including fundamental rights, it aimed to reduce tensions between the legislature and the judiciary. The amendment was passed during a period of political instability and responded directly to the Supreme Court’s decision in the Kesavananda Bharati case, where the Court laid down the basic structure doctrine, limiting the powers of Parliament to amend the Constitution. Even today, the 24th Amendment remains a subject of legal debate, especially concerning its impact on the balance of power between Parliament and the judiciary. The Amendment clarified that Parliament has the authority to amend the Constitution, including fundamental rights, but still needed to respect the core principles that define the Constitution. This paper critically examines the 24th Amendment’s impact on constitutional law, its effect on the relationship between different branches of government, and its relevance in today’s legal and political context. Although the 24th Amendment was intended to enhance the powers of Parliament; it raised important questions about the limits of constitutional amendments and the protection of fundamental rights. The paper suggests a deeper examination of the amendment’s long-term impact and advocates for reforms to better balance legislative authority and judicial review. The objective of this study is to evaluate the 24th Amendment’s influence on India’s constitutional framework, its role in governance, and propose changes to ensure a proper balance between legislative powers and the protection of fundamental rights.

Keywords: 24th Amendment, Indian Constitution, Judicial Review, Parliament, Basic Structure Doctrine, Constitutional Law, Fundamental Rights.

LEGAL STUDIES OF OFFSHORE CONTRACTS IN INDIA

AUTHOR – ADV.GARGEE R. DHANAWADE, LLM STUDENT OF DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADV.GARGEE R. DHANAWADE, LEGAL STUDIES OF OFFSHORE CONTRACTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 120-129, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“Where global ambition meets local law, offshore contracts in India define the rules of engagement for a rapidly evolving economic powerhouse.” Offshore contracts have played a crucial role in India’s economic and legal evolution, reflecting the country’s growing integration into the global marketplace. Historically, the Indian legal system, rooted in the Indian Contract Act of 1872, provided the foundation for regulating contracts, including those with offshore elements. Over the years, India’s engagement with international commerce has expanded, necessitating adaptations in its legal framework to address the complexities of cross-border agreements. Presently, offshore contracts in India operate under a blend of domestic legislation, such as the Arbitration and Conciliation Act of 1996 and the Foreign Exchange Management Act (FEMA), alongside international conventions like the New York Convention. Despite advancements, several research problems persist, including jurisdictional disputes, enforceability of foreign judgments and awards, and gaps in addressing emerging challenges like data security and intellectual property rights in offshore agreements. The increasing complexity and volume of offshore contracts in India present challenges in ensuring legal compliance, effective risk management, and equitable dispute resolution in a globally competitive environment. This necessitates a deeper understanding of regulatory frameworks, cultural nuances, and operational dynamics to enhance the efficiency and fairness of offshore contracting practices. This study hypothesizes that while India’s offshore contract framework is strong in some areas, it necessitates specific reforms to improve clarity, enforceability, and alignment with global standards. Possible reforms include adopting stricter guidelines for dispute resolution, streamlining processes for recognizing foreign arbitral awards, and ensuring harmonization with international trade laws. The researcher will analyze the historical evolution, assess the present state of offshore contracts in India, and propose practical reforms to address current challenges. The objectives include evaluating the effectiveness of existing legal mechanisms, identifying gaps, and offering solutions that promote legal certainty, economic growth, and India’s competitiveness in the global market.

KEYWORDS: AGREEMENT, CONTRACT, OFFSHORE CONTRACT, GLOBAL MARKET

THE ENFORCEABILITY OF NON COMPETE CLAUSES IN EMPLOYMENT CONTRACT

AUTHOR – ADITYA M. RODE, LLM STUDENT AT DECCAN EDUCATION SOCIETY’S, SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ADITYA M. RODE, THE ENFORCEABILITY OF NON COMPETE CLAUSES IN EMPLOYMENT CONTRACT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 111-119, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

“In a rapidly evolving employment landscape, non-compete clauses have become both a shield for employers and a contentious battleground for employees.” Non-compete clauses, often embedded within employment contracts, are designed to restrict employees from working with competitors or starting competing ventures for a specified period after leaving an organization. These clauses have been a subject of legal contention globally, with their enforceability tied to the historical evolution of employment law and business practices. In India, non-compete clauses must navigate the limitations imposed by the Indian Contract Act, 1872, particularly Section 27, which declares agreements in restraint of trade as void. While these clauses aim to protect legitimate business interests such as trade secrets and client relationships, they often clash with the fundamental right to livelihood and the principle of free consent. This paper examines whether India’s legal framework effectively balances employers’ business interests and employees’ right to livelihood in enforcing non-compete clauses. Overly broad non-compete clauses may violate employees’ right to work, requiring clearer guidelines and safeguards for fair enforcement. The paper recommends potential reforms, such as clearer guidelines for enforceability, employee safeguards against unreasonable restrictions, and judicial scrutiny of unfair clauses. The objective is to analyze the legal framework governing non-compete clauses in India, draw comparisons with international practices, and propose measures to ensure their fair and equitable application.

Keywords: Non-compete Clauses, Employment Contracts, Indian Contract Act, Section 27, Employee Rights, Business Interests, Global Perspectives, Legal Framework, Fairness.