Author: PRASANNASRI26092001

DOCTRINE OF TRADEMARK DILUTION: INDIAN APPROACH

AUTHORS – CHHAVI SINGH & ARPITA TRIPATHY, STUDENTS AT KIIT SCHOOL OF LAW, ODISHA

BEST CITATION – CHHAVI SINGH & ARPITA TRIPATHY, DOCTRINE OF TRADEMARK DILUTION: INDIAN APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 766-773, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper delves into the intricate realm of trademark dilution within the Indian legal landscape, meticulously examining its nuanced facets, potential stumbling blocks, and the overarching hurdles it faces. It embarks on this journey by elucidating the fundamental concept of trademarks, underlining their pivotal role in delineating brand identities and safeguarding intellectual property rights. This foundational understanding sets the stage for a deeper exploration into the notion of trademark dilution, which manifests itself primarily through two distinct yet intertwined forms: blurring and tarnishment. With this conceptual groundwork laid, the paper meticulously navigates through the legal framework governing trademark dilution in India, providing a panoramic view of its current status and regulatory mechanisms. This comprehensive analysis serves to illuminate the intricacies of trademark dilution laws in the Indian context, offering insights into their application and efficacy. However, amidst the elucidation of legal provisions and regulatory frameworks, the paper discerns pertinent issues and challenges that impede the effective implementation of trademark dilution laws in India. These may include ambiguities in legal interpretations, enforcement bottlenecks, or gaps in the legislative framework, which collectively pose formidable obstacles to the robust protection of trademarks against dilution. In conclusion, the paper underscores the imperative for continued scholarly inquiry and policy development in the realm of trademark dilution in India. By shedding light on existing lacunae and proposing avenues for refinement, it advocates for a proactive approach towards fortifying India’s legal arsenal for trademark protection. Through concerted efforts aimed at addressing these challenges, India can fortify its position in the global market by ensuring the steadfast protection of valuable trademarks against dilution, thereby fostering innovation, safeguarding brand integrity, and bolstering consumer confidence.

Keywords: Trademark Dilution, Blurring, Tarnishment, Trade Marks Act, 1999, India, Enforcements, Challenges, Legislative framework

FROM GLOBAL REACH TO BRAND BREACH: TRADEMARK DILUTION IN THE ERA OF DIGITAL MEDIA

AUTHORS – SHRUTHI B & LAKSHMI POOJA K, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – SHRUTHI B & LAKSHMI POOJA K, FROM GLOBAL REACH TO BRAND BREACH: TRADEMARK DILUTION IN THE ERA OF DIGITAL MEDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 757-765, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In the Digital Age, the landscape of trademark protection is undergoing profound transformations, marked by the proliferation of online platforms and the pervasive influence of user-generated content. This research delves into the intricacies of trademark dilution, specifically examining the challenges posed by the dynamic and expansive digital environment. As businesses navigate the global reach of digital marketing and grapple with the impact of user- generated content on social media and other online spaces, the risk of trademark dilution becomes increasingly salient. The study explores high-profile cases, analyzing the factors contributing to dilution, including the globalization of markets, the ease of content reproduction, and the evolving nature of online interactions. Investigating the legal frameworks that underpin trademark protection in the Digital Age, the research aims to assess the efficacy of existing laws and propose strategies for trademark owners to safeguard their brands. With an eye on future trends and challenges, the paper concludes with insights into the evolving dynamics of trademark dilution and the imperative for adaptive legal and business strategies in the ever-evolving digital landscape.

KEYWORDS: Trademark Infringement, Blurring, Tarnishment, Trademark Law, Proliferation, Globalization, Digital Era.

BALANCING INNOVATION AND ACCESSIBILITY: PATENTS IN INDIA’S PHARMACEUTICAL INDUSTRY

AUTHORS – SANTOSH ROSHAN T & MATHEW SN, STUDENTS AT SASTRA DEEMED UNIVERSITY, THANJAVUR

BEST CITATION – SANTOSH ROSHAN T & MATHEW SN, BALANCING INNOVATION AND ACCESSIBILITY: PATENTS IN INDIA’S PHARMACEUTICAL INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 748-756, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The pharmaceutical sector is a pillar of innovation, and research and development (R&D) is mostly driven by patents. Patents give pharmaceutical businesses the certainty they need to invest in the costly and time-consuming process of medication research by giving exclusive rights. India, a world leader in pharmaceutical manufacturing, especially in the generics sector, has improved its innovation environment by utilising patents to solve the issues of pricing and accessibility. Pharmaceutical businesses can develop ground-breaking treatments and technology with the help of patents, which are essential for promoting innovation. But they also pose moral and financial conundrums, especially in light of exorbitant prescription costs and the limited supply of life-saving drugs in developing nations. India’s distinct strategy, which emphasises affordability and innovation, emphasises how crucial it is to strike a balance between the two goals of promoting innovation and protecting public health. This study looks at how patents support pharmaceutical innovation in India and how they affect the R&D environment, accessibility, and the economy. It also explores current developments that have changed the sector, like the emergence of biologics, biosimilars, and collaborative innovation models. The study emphasises the necessity of policies that prioritise fair access to medications, promote technological transfer, and expedite patent procedures. By tackling these issues, India can maintain its position as a leader in the pharmaceutical industry worldwide and show that public health and innovation don’t have to conflict.

Keywords: Innovation, Patent, pharmaceutical sector, Research & development, Technology.

STOP CRIMES ON WOMEN; GIRLS ARE NOT OBJECT

AUTHORS – PALAK AGRAWAL & PURVIKA SHARMA, STUDENTS AT SCHOOL OF LAW, DEPARTMENT OF LAW (ARTS & SCIENCE), MANIPAL UNIVERSITY JAIPUR

BEST CITATION – PALAK AGRAWAL & PURVIKA SHARMA, STOP CRIMES ON WOMEN; GIRLS ARE NOT OBJECT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 742-747, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract  

In  December  2012,  a  twenty-three  year  old  college  student,  who  was  given  the  pseudonym  “Nirbhaya”  (“fearless”),  was  fatally  gang-raped  on  a  private  bus  in  Delhi,  India,  galvanizing  the  country  to  swiftly  adopt  new  legislative  measures  and  catapulting  the  issue  of  violence  against  women  in  India  into  the  international  spotlight.  Although  assault  and  rape  cases  have  made  India  infamous  for  its  high  volume  of  crimes  against  women,  the  reaction  to  this  particular  incident  was  much  different  from  before.  This  paper  investigates  whether  the  governmental  and  societal  responses  represent  social  change,  as  indicated  by  changing  attitudes  towards  violence  against  women  in  India.  I  study  this  question  by  analyzing  scholarly  literature  regarding  the  factors  that  affect  collective  attitudes  towards  violence  against  women.  In  addition,  this  paper  examines  collective  attitudinal  change  in  the  nation  as  indicated  by  media  coverage  of  rape  cases,  crime  statistic  reports,  influence  of  women’s  movements,  impact  of  legislation,  and  public  opinion  polls.  I  find  that  despite  an  immediate  backlash  against  the  epidemic  of  sexual  violence,  the  response  has  not  contributed  to  a  complete  transformation  in  attitudes  towards  violence  against  women based on the indicators studied above.

EXAMINING THE SHORTCOMINGS OF LAW OF CONTRACT IN INDIA: THE JUDICIAL APPROACH

AUTHOR – DR. REKHA PAHUJA, ASSOCIATE PROFESSOR, S.S. MANIYAR LAW COLLEGE, JALGAON

BEST CITATION – DR. REKHA PAHUJA, EXAMINING THE SHORTCOMINGS OF LAW OF CONTRACT IN INDIA: THE JUDICIAL APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 735-684, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article explores the shortcomings within Indian contract law, focusing on ambiguities, enforcement issues, and the need for reforms. While the Indian Contract Act of 1872 established a foundational legal framework, various socio-economic changes and judicial interpretations have revealed significant weaknesses. This study highlights critical areas requiring attention to enhance contractual relationships and ensure justice.

Keywords – Contract Law, India, Indian Contract Act, Enforcement, Legal Reforms

RECONSTRUCTING LAW AND DEMOCRACY FOR FUTURE BANGLADESH

AUTHOR – MD. TAFSIR ASHEK, STUDENT AT DEPARTMENT OF LAW AND HUMAN RIGHTS, UNIVERSITY OF ASIA PACIFIC

BEST CITATION – MD. TAFSIR ASHEK, RECONSTRUCTING LAW AND DEMOCRACY FOR FUTURE BANGLADESH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 716-734, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Bangladesh was continuously questioned about ensuring democracy by the people and also by the world in the past. After 5th August 2024, initiatives are taken to change the constitution, involving questions about whether Bangladesh should rewrite or reform the constitution. However, the interim government has decided to reform the constitution recently. Also, they are taking suggestions from individuals via website. This study concentrates on how such changes should be incorporated. The objective is to ensure a sustainable democratic system for Bangladesh’s future. The study involves different opinions, proposals, facts and surveys conducted by individuals to discover the best. 

Key-Words: Constitution, Reform, Administration, Election, Parliament, Service, Democracy,

BEHAVIORAL ECONOMICS AND CONSUMER FINANCIAL DECISION-MAKING:  AN INDIAN PERSPECTIVE

AUTHOR – PALAK, SIMRAN JAISWAL & AYUSH SHUKLA, STUDENTS AT SCHOOL OF LAW, CHRIST UNIVERSITY, LAVASA CAMPUS, PUNE

BEST CITATION – PALAK, SIMRAN JAISWAL & AYUSH SHUKLA, BEHAVIORAL ECONOMICS AND CONSUMER FINANCIAL DECISION-MAKING:  AN INDIAN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 709-715, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The subject that is being discussed focuses on psychology and economics-the ways in which cognitive biases, heuristics, and social influences create consumer decision-making-particularly within financial matters. This paper would address how such principles might find expressions in the Indian consumer behavior-world-a cultural, socio-economic, and regulatory profile that is unique. The word refers to behavioral economics that points to the crossing area between psychology and economics. A rich characteristic of rich characteristics, particularly when cognitive biases and emotional impacts and also a range of sociocultural factors apart from the normative economic rationality are considered, emerge in this regard-once focused on the financial decision-making process of consumers. This paper shall discuss the possibility of applying behavioral economics in India, an economy having diverse socioeconomic conditions and rapidly developing technologies. Important ideas, such as bounded rationality, prospect theory, and heuristics, affect Indian consumer saving, spending, and investment behaviors and are evaluated in conjunction with such cognitive biases as anchoring, overconfidence, and hyperbolic discounting. Finally, sociocultural influences on financial decisions include caste-based financial networks and gender-inequality-based family norms, which often lead to suboptimal outcomes. This paper analyzes the impact of programs under digital financial inclusion-cases such as PMJDY and UPI-on how nudges may promote adoption while improving access to finance. While such tactics are promising, it raises concerns with regional variances and structural inequalities that call for long-term, context-specific solutions toward financial literacy, inclusion, and economic empowerment that would make India better placed financially secure and equitable; this study underlines the fact that structural reforms need to be integrated with behavioral insights for a more effective recommendation.

A CRITICAL STUDY ON THE LEGITIMACY AND THE RIGHT OF INHERITANCE TO THE CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA

AUTHORS – VISHAL N* & PREETHI R**, LLM SCHOLAR* & FACULTY OF LAW**, DEPARTMENT OF PROPERTY LAW, AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – VISHAL N & PREETHI R, A CRITICAL STUDY ON THE LEGITIMACY AND THE RIGHT OF INHERITANCE TO THE CHILDREN BORN OUT OF LIVE-IN RELATIONSHIPS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 701-711, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This critical study explores the social and legal status of legitimacy and the rights of inheritance to the children born in the context of live-in relationships in India. The concept of legitimacy is deeply ingrained in Indian society and is closely tied to the institution of marriage. Children born out of wedlock, including those born out of live-in relationships, face social exclusion and stigmatisation. Moreover, the legal framework for inheritance rights of children born out of live-in relationships is complex and lacks clarity, leaving many children without any legal protection and inheritance rights. The study highlights the need for legal and social reforms that recognize the legitimacy of children born out of live-in relationships and ensure their inheritance rights. It also emphasises the need to change societal attitudes towards children born out of wedlock and promote their acceptance and inclusion in society. For the purpose of this research, an empirical method was followed and the data was collected through survey forms. The SPSS software by IBM was used to calculate the descriptive statistics. The sample size was 200.Dependent variables are social stigma surrounding live-in relationships, The personal laws do hinder the children from inheriting, uncertainty surrounding live-in relationships. Independent variables are Age, Gender, Marital Status, Educational Qualification, Occupation and Monthly income. Various tools like ANOVA, Chi Square, and sample t tests were used.

KEYWORDS – Inheritance, Property rights, Children, Live-in relationships, Legitimacy.

A STUDY ON LAW OF MORTGAGES WITH SPECIAL REFERNCE TO THE RIGHT TO REDMEPTION

AUTHORS – R SHANMUGA PRIYA* & Dr.P. BRINDHA**, LLM SCHOLAR (PROPERTY LAW)* & H.O.D** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU.

BEST CITATION – R SHANMUGA PRIYA & Dr.P. BRINDHA, A STUDY ON LAW OF MORTGAGES WITH SPECIAL REFERNCE TO THE RIGHT TO REDMEPTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 692-698, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Mortgage law is a fundamental aspect of property law, governing the rights and obligations of borrowers and lenders in securing loans with immovable property. This article delves into the concept of mortgage laws, focusing on the historical developments, what are the restrictions and its validity and Parital redemption. Further, the article addresses the legal framework, covering the SARFAESI Act, Transfer of Property Act, and Limitation Act, which collectively influence the enforceability, recovery, and redemption rights within mortgage law. A comparative analysis between the SARFAESI Act and the Transfer of Property Act emphasizes the tension between expedited asset recovery for lenders and extended redemption rights for borrowers. Through this discussion, this article focuses on balance between borrower protection and lender security in mortgage law, underscoring its broader economic and social implications.

THE RIGHT TO INFORMATION ACT (RTI) AND ITS ROLE IN IMPROVING ADMINISTRATIVE ACCOUNTABILITY

AUTHOR – ARUN Y, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI

BEST CITATION – ARUN Y, THE RIGHT TO INFORMATION ACT (RTI) AND ITS ROLE IN IMPROVING ADMINISTRATIVE ACCOUNTABILITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 685-691, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The Right to Information Act (RTI), enacted in India in 2005, represents a critical tool for enhancing transparency and accountability in administrative actions. This paper examines how RTI empowers citizens by granting them access to information held by public authorities, effectively making the administrative processes more transparent. It evaluates the impact of the Act on governance, focusing on its role in combating corruption, promoting transparency, and enabling citizens to hold public authorities accountable. Additionally, the research discusses the limitations of the Act, such as the lack of proper implementation and the reluctance of certain authorities to disclose information. Through a comparative analysis of landmark cases and decisions by the Central Information Commission (CIC), this paper highlights the evolving role of RTI in ensuring administrative accountability. The research concludes by exploring the future potential of RTI in the context of digital governance and the challenges posed by increasing governmental control over information.

Keywords: Transparency, Accountability, Corruption, Implementation