Author: PRASANNASRI26092001

CONCEPT OF FAIR USE IN INDIA AND ABROAD: A COMPARATIVE AND ANALYTICAL STUDY OF AN EXCLUSIVE DEFENSE IN LAW OF COPYRIGHT

AUTHOR – ANURUDH UPADHYAY, ADVOCATE (BALLB), CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT

BEST CITATION – ANURUDH UPADHYAY, CONCEPT OF FAIR USE IN INDIA AND ABROAD: A COMPARATIVE AND ANALYTICAL STUDY OF AN EXCLUSIVE DEFENSE IN LAW OF COPYRIGHT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 93-100, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Notion of “Fair Use” serves as a core value for any Copyright Regime. Basically, this doctrine aims to strike a harmonious balance between the creator of an original work and interests of public at large by permitting a narrow or restricted usage of an original copyrighted work without needing to seek the prior permission from the holder of copyright. Indian Copyright Act of 1957 in its Section 52 talks about the Doctrine of “Fair Dealing” and this doctrine is also an embodiment of “Fair Use”. Key motives behind the adoption of this doctrine are utility of a copyrighted work for the socially significant pursuits and also to be used for the purpose of criticism, private study, review, reporting of news and for research purposes. Section 52 of Copyright Act 1957 plays a role like a fundamental pillar of copyright regime in India, this section classifies the acts, which cannot be treated an infringement of copyright, which also includes the fair dealing with creative works such as artistic, dramatic, literary and musical works. But it is pertinent to note that these do not include a computer program. This research paper explores into a brief examination of Section 52 of Principle Act (referred to as Copyright Act, 1957), elements to prove a fair use of original work without owner’s prior approval, relevancy of this doctrine and notable judicial pronouncements highlighting the significance of “Fair Use” Doctrine.

Key Words: The Copyright Act of 1957, Fair Use, Fair Dealing and Copyright Regime.

BALANCING INNOVATION AND COMPETITION: ANALYZE INTERPLAY BETWEEN IPR AND COMPETITION LAW

AUTHOR – DEVANSHI BAJPAI, LLM SCHOLAR AT CORPORATE BANKING AND INSURANCE LAW, AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA

BEST CITATION – DEVANSHI BAJPAI, SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 82-92, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

“Innovation is the calling card of the future.” – Anna Eshoo

Intellectual Property Rights (IPR) and Competition Law intersect at the delicate balance between fostering innovation and ensuring fair market competition. While IPR incentivizes creativity through exclusivity, unchecked monopolies can suppress competition and limit consumer choices. On the other hand, Competition Law prevents anti-competitive practices but, if overly stringent, may discourage research and development.

This research paper examines the complex interplay between these two legal frameworks, focusing on Indian jurisprudence and landmark cases like Ericsson v. Competition Commission of India and Google LLC v. CCI, which highlight issues such as patent abuse, predatory pricing, and refusal to license. It also explores statutory provisions, international practices, and concerns like patent thickets and evergreening.

By analyzing judicial precedents and legal principles such as Lex specialis derogat legi generali, the paper emphasizes the need for a balanced approach. It advocates for regulatory reforms, stricter oversight by the Competition Commission of India (CCI), and strategic use of compulsory licensing to prevent misuse of IPR while fostering competition.

With rapid technological advancements reshaping markets, India’s legal framework must evolve to protect both innovation and fair competition. This study offers insights and recommendations for a legal landscape where both objectives coexist effectively.

Keywords – Innovation, Market Fairness, Monopoly Power, Market Distortion, Abuse of Dominance, Anti-Competitive Practices, Cartelization, Price-Fixing, Predatory Pricing, Level Playing Field, Patent Abuse, Excessive Royalty Fees, Anti-Competitive Agreements, Market Monopolization, Consumer Exploitation.

SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS

AUTHOR – AJINKYA RAJPUT & JANHAVI JOSHI, STUDENTS AT INDIAN LAW SOCIETY (ILS)

BEST CITATION – AJINKYA RAJPUT & JANHAVI JOSHI, SEBI TAKEOVER CODE: AMBIGUITIES, EXPLOITATIONS AND REFORMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 75-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The SEBI Takeover Code 2011 governs substantial acquisitions and takeovers in India, aiming to ensure transparency, fairness, and minority shareholder protection. However, ambiguities in its provisions—particularly the definition of “control”—have led to regulatory loopholes and exploitation in high-profile M&A deals. This article examines key ambiguities in the Code, such as the subjective interpretation of control (including veto rights and indirect acquisitions), the creeping acquisition limit, and the challenges in enforcing provisions related to Persons Acting in Concert (PACs). Through case studies like Subhkam Ventures, Future-Reliance, Cairn-Vedanta, and NDTV-Adani, the article highlights how acquirers bypass open offer obligations by structuring transactions through indirect holdings, asset transfers, or layered ownership. The analysis also explores SEBI’s regulatory evolution, explaining how the 2020 amendments addressed some gaps still some critical issues remain, such as weak minority shareholder safeguards and the lack of clarity on new-age company takeovers. The article concludes with recommendations for reform, including stricter definitions of control, enhanced PAC oversight, and robust mechanisms for indirect acquisitions to align the Code with its legislative intent of market integrity and investor protection

“MANUFACTURING WITHOUT FACTORIES: HOW GLOBAL GIANTS BUILD EMPIRES THROUGH STRATEGIC OUTSOURCING”

AUTHOR – NAVODITA KAUSHIK, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – NAVODITA KAUSHIK, “MANUFACTURING WITHOUT FACTORIES: HOW GLOBAL GIANTS BUILD EMPIRES THROUGH STRATEGIC OUTSOURCING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 70-74, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Contract manufacturing represents a pivotal paradigm in contemporary industrial operations, wherein companies outsource the production of goods to specialized third-party manufacturers while retaining ownership of the brand, intellectual property, and design specifications.¹ This sophisticated business model has metamorphosed from a mere cost-reduction strategy into a comprehensive approach that enables organizations to leverage specialized expertise, achieve economies of scale, and maintain competitive agility in increasingly dynamic markets.

The proliferation of contract manufacturing has fundamentally transformed global supply chains, creating intricate networks of interdependence that span continents and industries. This arrangement allows original equipment manufacturers (OEMs) to concentrate their resources on core competencies such as research and development, marketing, and strategic planning, while delegating the complexities of production to entities possessing specialized manufacturing capabilities and infrastructure.

DEAL ANALYSIS BETWEEN JK TYRE AND CAVENDISH INDUSTRIES: A MATCH MADE IN HEAVEN?

AUTHOR – ABHINN M AADRIT, STUDENT AT WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES, KOLKATA

BEST CITATION – ABHINN M AADRIT, DEAL ANALYSIS BETWEEN JK TYRE AND CAVENDISH INDUSTRIES: A MATCH MADE IN HEAVEN?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 58-69, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

JK Tyre & Industries Ltd., also referred to as JK Tyre, is a prominent global participant in the tyre industry and one of the top tyre producers in India. The company was founded in 1951 and is a part of the broader JK Organisation, a conglomerate of businesses with an extensive array of operations. The wide range of products of JK Tyre is widely recognized, with the products encompassing tyres for automobiles, trucks, buses, agricultural tractors, and industrial machines. The company has established a solid reputation for technological innovation, high-quality products, and customer support throughout the years.^[1]

---

[1] Business Standard, JK Tyre & Industries Ltd, Business Standard (2025), https://www.business-standard.com/markets/jk-tyre-industries-ltd-share-price-304.html.

JUDICIAL ACTIVISM AND THE ENFORCEMENT OF DIRECTIVE PRINCIPLES THROUGH FUNDAMENTAL RIGHTS IN INDIA

AUTHOR – GURUKANTHI S, LLM SCHOLAR, TAMIL NADU NATIONAL LAW UNIVERSITY

BEST CITATION – GURUKANTHI S, JUDICIAL ACTIVISM AND THE ENFORCEMENT OF DIRECTIVE PRINCIPLES THROUGH FUNDAMENTAL RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 46-57, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This study employs a doctrinal research to critically examine the evolving role of the Indian judiciary in transforming Directive Principles of State Policy (DPSPs) into enforceable rights through an expansive interpretation of Article 21 of the Constitution. While DPSPs were originally conceived as non-justiciable guidelines for governance, judicial activism has increasingly integrated these principles into the realm of Fundamental Rights, thereby enhancing the protection of socio-economic rights such as the right to health, education, and a clean environment. The research explores whether this judicial expansion, though aimed at achieving social justice, has resulted in potential judicial overreach that disturbs the delicate balance of power between the judiciary, legislature, and executive. Employing a doctrinal methodology, the study systematically analyses constitutional provisions, landmark judgments, and scholarly literature to evaluate the impact of this judicial trajectory. The paper also questions whether the judiciary’s proactive stance, though often necessary to address legislative and executive inaction, risks undermining the intended democratic structure by encroaching upon the functions of the other branches of government. Through this inquiry, the study seeks to contribute to the ongoing debate on the legitimacy and limits of judicial activism in India’s constitutional framework.

CODIFYING TORT LAW IN INDIA: THE CRITICAL ROLE OF FORENSIC SCIENCE IN ADDRESSING EVERYDAY WRONGS AND IMPROVING JUSTICE DELIVERY

AUTHOR – SAKSHEE NARAYAN GORE, STUDENT OF MANIKCHAND PAHADE LAW COLLEGE CHHATRAPATI SAMBHAJINAGAR

BEST CITATION – SAKSHEE NARAYAN GORE, CODIFYING TORT LAW IN INDIA: THE CRITICAL ROLE OF FORENSIC SCIENCE IN ADDRESSING EVERYDAY WRONGS AND IMPROVING JUSTICE DELIVERY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 41-45, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

India’s tort law system remains largely uncodified and fragmented, resulting in legal uncertainty and unequal access to justice for victims of everyday civil wrongs, such as road accidents, medical negligence, cyber harassment, and environmental pollution. This paper advocates for the codification of tort law in India, highlighting the pressing need to establish a clear, accessible, and uniform legal framework. It also emphasizes the complementary role of forensic science including digital, medical, environmental, and psychological forensics — in strengthening evidence and helping courts deliver faster, fairer outcomes. By combining codified legal principles with forensic methodologies, India can bridge existing legal gaps, ensure accountability, and enhance remedies for civil wrongs. The paper examines historical reasons behind the lack of codification, analyzes real-life cases where this absence hindered justice, and proposes practical steps for legal reform and forensic integration.

Keywords: Tort Law, Codification, Forensic Science, Civil Wrongs, Legal Reform, Negligence, Medical Malpractice, Digital Forensics, Emotional Harm, Environmental Torts, India.

SAFEGUARDING CONSUMERS IN THE DIGITAL MARKETPLACE: LEGAL RESPONSES TO ONLINE FRAUD AND E-COMMERCE CHALLENGES

AUTHOR – MS. JASDEEP KAUR, ASSISTANT PROFESSOR AT LOVELY PROFESSIONAL UNIVERSITY

BEST CITATION – MS. JASDEEP KAUR, SAFEGUARDING CONSUMERS IN THE DIGITAL MARKETPLACE: LEGAL RESPONSES TO ONLINE FRAUD AND E-COMMERCE CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 35-40, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Consumer and merchant protection in business-to-consumer and business-to-business transactions within E-Commerce is threatened by a number of serious threats such as privacy, Intellectual Property Right violations, piracy on the internet, unwanted commercial emails, spamming, censorship, and other frauds. In spite of the numerous advantages of E-Commerce, including ready access to an international market, reduced distribution expenses, time savings, and enhanced consumer relationships, legal and security threats are still a major issue in the electronic marketplace. Hence, protecting the security of consumers and merchants is vital for successful operation of E-Commerce. Though there are regulations governing buying and selling within the E-Commerce arena, the virtual world, including spaces like Second Life, is not well-laid out with laws specifically covering merchants. The lack of laws can be seen in a positive light, but it also makes a merchant liable to moral, social, and ethical obligations towards users. The intent of this paper is to analyze in-depth the legal framework and compliance issues associated with E-Commerce in the international digital marketplace. Moreover, it addresses long-arm statutes and jurisdictional issues related to disputes and challenges in E-Commerce.

Keywords: E-Commerce, Consumer protection, digitalized market, security

THE IMPACT OF CORPORATE TAXATION ON BUSINESS INVESTMENT DECISIONS: A COMPARATIVE STUDY OF DEVELOPING AND DEVELOPED ECONOMIES

AUTHOR – MANSI PAL* & VATSAL CHAUDHARY**,

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA.

** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY, DEHRADUN, UTTARAKHAND, INDIA

BEST CITATION – MANSI PAL & VATSAL CHAUDHARY, THE IMPACT OF CORPORATE TAXATION ON BUSINESS INVESTMENT DECISIONS: A COMPARATIVE STUDY OF DEVELOPING AND DEVELOPED ECONOMIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 445-448, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Corporate taxation plays a pivotal role in shaping business strategies, especially in the area of  investment decisions. This paper investigates the relationship between corporate tax rates and  investment behavior in both developing and developed economies. Drawing on data from OECD  and BRICS nations over the past two decades, the study analyzes how tax structures influence capital  allocation, foreign direct investment (FDI), and innovation expenditure. The findings indicate that  while lower corporate tax rates generally stimulate investment, the impact is significantly mediated  by the legal infrastructure, political stability, and enforcement mechanisms in place. In developing  countries, inconsistencies in tax enforcement and policy volatility tend to dampen the positive  effects of lower rates. Conversely, developed countries exhibit a more predictable response pattern,  with firms increasing reinvestment and R&D in response to tax incentives. The paper concludes by  recommending tailored tax reforms that consider institutional capacities and economic maturity to  enhance investment outcomes across different economies.

A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU

AUTHOR – RA. HINIA MIRZHA & SANDHIYA SHREE. U,  STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), CHENNAI

BEST CITATION – RA. HINIA MIRZHA & SANDHIYA SHREE. U, A STUDY ON CHALLENGES IN PROSECUTION OF POLICE OFFICERS FOR EXCESSIVE USE OF FORCE WITH REFERENCE TO TAMILNADU, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 429-444, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT:

Police accountability and the use of force are the basic concerns that form the public’s belief in the law enforcement department. The point of police officers using excessive force has been a prominent matter, particularly in societies Struggling for justice, equality, and Human rights. The excessive use of force by police have aroused public outcry and brought up crucial and fundamental questions about police accountability, in the place where enforcement of law has to serve and protect the public from police brutality. Notable cases in the state of Tamil Nadu have emphasized root causes in prosecuting police officers for excessive use of force. The Tamil Nadu Police (Reforms) Act, 2013, was a significant statutory effort to enhance accountability in accordance with orders and guidelines from the Supreme Court of India. However, challenges remain. The main aim of this research is to study the varied challenges in prosecuting police officers for excessive use of force. Different articles and books were referred for Review of literature relating to the use of force and police accountability. By incorporating a non-doctrinal research method, the study explores empirical observations and pragmatic suggestions to focus on the challenges. The samples collected from the general public through an online mode of survey with independent and dependent variables. Victims of police violence in Tamil Nadu are reluctant to report incidents due to fear of consequences, The legislations in Tamil Nadu are sufficient but not implemented properly to focus on police misconduct, separate Investigative departments are important in Tamil Nadu to ensure police accountability and reduce excessive force are the dependent variables used. Also have used statistical tools to interpret the data. The result observed from the study is that Fear of retaliation from the police, Inaccessibility of legal Aid are the main challenge for victims in reporting police violence. Strengthening accountability procedures and Improving transparency in investigations are two important aspects to resolve police misconduct. Instituting Independent oversight departments for police accountability and initiating Compulsory Human rights training for police officers are basic recommendations to decrease the instances of police misconduct.

Keywords : Accountability, prosecution, police officers, challenges, force.