Author: PRASANNASRI26092001

NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE

AUTHOR – AKRITI GUPTA & RUSHI P UPADHYAY, SCHOOL OF LAW, ALLIANCE UNIVERSITY, BANGALORE

BEST CITATION – AKRITI GUPTA & RUSHI P UPADHYAY, NAVIGATING THE INTERSECTION OF COMPETITION LAW AND INTELLECTUAL PROPERTY RIGHTS IN INDIA: TOWARDS CLARITY AND BALANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 760-770, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This paper delves into the nuanced relationship between competition law and intellectual property rights (IPR) in India, particularly focusing on the provisions outlined in §3(5) of the Competition Act. While this section allows IPR holders to impose certain conditions or restrictions to safeguard their rights, the criteria for determining the reasonableness and necessity of such conditions remain ambiguous. Through an analysis of past cases and existing legal discourse, this study underscores the pressing need to revisit competition policy concerns surrounding IPR agreements in India. It argues for greater clarity and predictability in the evaluation process of these conditions to ensure a balanced approach that considers both anti-competitive and pro-competitive effects. Drawing on insights from jurisdictional conflicts and international best practices, the paper proposes the introduction of mandatory consultations between competition law and IP authorities to assess the extent of protection offered by IPR and the necessity of imposed conditions. Furthermore, it emphasizes the importance of considering various factors such as public interest, innovator and licensee positions, innovation strength, and competition effects in evaluating these agreements. To strengthen the application of competition law and IP law, the paper recommends the formulation of comprehensive guidelines by regulatory bodies in consultation with stakeholders, outlining the assessment process under §3(5) of the Competition Act. By advocating for a clearer framework and collaborative approach, this study aims to foster a conducive environment for innovation and competition while safeguarding the rights of intellectual property holders.

Keywords: Competition law, Intellectual property rights, §3(5) of the Competition Act, Reasonableness, Necessity, India, Jurisdictional conflicts, Pro-competitive effects, Anti-competitive effects, Regulatory guidelines.

A DIVERSE STUDY ON IMPLICATION OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY RIGHTS

AUTHOR – AKASH RANA¹ & Dr. AMIT DHALL², STUDENT¹ & PROFESSOR² AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – AKASH RANA & Dr. AMIT DHALL, A DIVERSE STUDY ON IMPLICATION OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 710-714, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper analyses and evaluates the currently rising involvement of Artificial Intelligence generated creative works and inventions with respect to rising threat towards Intellectual Right infringement. Throughout the study it is put forward how these two worlds have collided and concludes that we are in need of a regime that will help the government address the woes in regard with rising use of intuitive artificial intelligence tools inherent in the current system. Further this paper aims to disclose how India’s Legal Framework will have to put in hard work and a thought process as to how we will adopt the schemed regime so that we can bring out a balance between the artificially intelligent innovations and the rights of users respectively.

Keywords: Artificial Intelligence, Technology, Intellectual property rights, Copyright, Machine learning, Patents

ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES

AUTHOR – PRABHAT TOMAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – PRABHAT TOMAR, ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 715-727, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Online Dispute Resolution (ODR) offers a promising avenue for addressing the complexities of cross-border disputes, presenting both opportunities and challenges in equal measure. This abstract provides a comprehensive overview of the landscape of ODR for cross-border disputes, delving into key aspects such as its benefits, technological requirements, legal considerations, cultural nuances, security concerns, enforceability challenges, capacity-building needs, case studies, and future trends. ODR stands at the intersection of technology and dispute resolution, offering unique advantages in terms of accessibility, efficiency, and cost-effectiveness. By leveraging online platforms and communication tools, parties can engage in dispute resolution processes from anywhere in the world, reducing time and resource burdens associated with traditional litigation. However, the success of ODR for cross-border disputes hinges on robust technological infrastructure, including secure online platforms and data storage systems that ensure compatibility and accessibility for users from diverse backgrounds and regions. Furthermore, the legal framework governing ODR is complex and multifaceted, involving international conventions, treaties, and regulations. Challenges related to jurisdiction, applicable law, and enforcement necessitate careful consideration to ensure fairness and accountability in ODR outcomes. Cultural and linguistic differences pose additional challenges for ODR processes, requiring sensitivity and adaptability to accommodate diverse perspectives and communication styles. Strategies for overcoming language barriers and promoting cultural understanding are essential to foster trust and cooperation among parties. Data security, privacy, and confidentiality are paramount in ODR for cross-border disputes, necessitating robust measures to protect sensitive information and comply with relevant data protection regulations. Ensuring the integrity and confidentiality of ODR proceedings is crucial to maintain trust and credibility in the process. Moreover, the enforceability of ODR awards across different jurisdictions and legal systems is a key consideration for parties involved in cross-border disputes. Mechanisms for enforcing ODR outcomes, including the recognition and enforcement of arbitral awards under international treaties, play a critical role in ensuring compliance and accountability. Capacity-building and training initiatives are essential to promote awareness and adoption of ODR for cross-border disputes among legal practitioners, mediators, arbitrators, and other stakeholders. Education and professional development programs can help build confidence and competence in using ODR tools and techniques effectively. By examining real-world experiences through case studies and examples, stakeholders can identify successful strategies and potential pitfalls to inform future ODR implementations. Looking ahead, emerging trends in ODR for cross-border disputes, such as the integration of AI, blockchain technology, and virtual reality, present exciting opportunities for innovation and improvement. However, addressing challenges related to regulatory barriers, technological limitations, and ethical considerations is essential to realize the full potential of ODR in the global context.

KEY WORDS: DISPUTES,ODR,TRANSACTION,ONLINE MEDIUM,Technological.

FUTURE TRENDS IN THE DIGITAL ECONOMY AND THEIR IMPLICATIONS FOR TAXATION

AUTHOR – MS. I. SAMSUL SAMEERA, ASSISTANT PROFESSOR AT CRESCENT SCHOOL OF LAW, B.S. ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY

BEST CITATION – MS. I. SAMSUL SAMEERA, FUTURE TRENDS IN THE DIGITAL ECONOMY AND THEIR IMPLICATIONS FOR TAXATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 728-738, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The digital economy continues to evolve at a rapid pace, driven by technological advancements, changing consumer behaviours, and shifting business models. This paper explores future trends in the digital economy and their taxation implications. By analyzing emerging developments in technology, business practices, and regulatory frameworks, this research aims to anticipate how the digital landscape will shape tax policy and administration in the years to come.

One significant trend is the increasing digitization of traditional industries, leading to a blurring of boundaries between digital and non-digital activities. This trend encompasses sectors such as manufacturing, healthcare, and finance, where digital technologies are transforming operations, distribution channels, and customer interactions. As traditional businesses embrace digitalization, tax authorities face challenges in determining the appropriate tax treatment of digital transactions and ensuring compliance with existing tax laws.

Another key trend is the rise of platform-based business models, exemplified by companies like Uber, Airbnb, and Amazon. These platforms facilitate peer-to-peer transactions, connect buyers and sellers, and enable new forms of economic activity. However, they also raise complex tax issues related to revenue recognition, value creation, and the taxation of intangible assets. Tax authorities must adapt their tax policies and enforcement strategies to capture the value generated by platform economies while avoiding double taxation and distorting incentives for innovation and entrepreneurship.

Furthermore, the increasing globalization of digital commerce presents both opportunities and challenges for taxation. Cross-border transactions, digital supply chains, and remote work arrangements complicate the allocation of taxing rights among jurisdictions, leading to disputes over tax jurisdiction and revenue sharing. The emergence of digital nomadism and virtual businesses further complicates the tax landscape, requiring international cooperation and coordination to prevent tax evasion and erosion of the tax base.

In response to these trends, tax authorities are exploring innovative approaches to digital taxation, such as digital services taxes, nexus-based rules, and data-driven compliance measures. However, achieving consensus on international tax reform remains a formidable task, given the divergent interests of countries and the complexity of digital business models.

In conclusion, understanding and anticipating future trends in the digital economy is crucial for designing tax policies that promote fairness, efficiency, and compliance in an increasingly digitized world. This research contributes to the ongoing dialogue on the intersection of technology, economics, and taxation, providing insights into the challenges and opportunities that lie ahead.

KEYWORDS – Digital transformation, Blockchain technology, Artificial intelligence (AI), Tax Compliance, Tax Administration, Data-driven taxation, Digital services tax.

EFFECTS OF ECONOMIC GLOBALIZATION ON WHITE COLLAR CRIMES: A MONEY LAUNDERING PERSPECTIVE

AUTHOR – NITIN VERMA, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – NITIN VERMA, EFFECTS OF ECONOMIC GLOBALIZATION ON WHITE COLLAR CRIMES: A MONEY LAUNDERING PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 739-749, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

One of the most crucial element in which globalization has facilitated money laundering is the rapid growth of cross-border movement of funds. It is pertinent to mention herein that in this interconnected world where capital can move across borders very swiftly and effortlessly has been made possible by globalization. Money laundering is a complicated and ubiquitous problem that threatens the global economy and financial institutions. It entails the process of converting the earnings of criminal acts into legitimate finances, letting criminals to operate with impunity while profiting from their illegal actions. Money laundering has become even more difficult to combat in the context of globalization due to the increased cross-border flow of cash, the expansion of international trade, the proliferation of offshore financial hubs, and the rise of digital currencies. The global economy’s facilitation of money laundering activities, also the issues of cross-border transactions and a review of the measures put in place to combat this illegal behavior are all evaluated and examined in this research paper. In this research paper the author discuss about the evolution of economic globalization, also explores and exhibits the implications of globalization on white collar crime, especially in terms of money laundering and how it evolved, treaties held for making stricter laws/regulations against money laundering and lastly measures taken by India to combat the process of money laundering.

Keywords:Globalization, Economic Globalization, White Collar Crimes, Money-Laundering, Treaties and Proceeds of Crime.

CASE COMMENTARY ON AHSAN V. STATE OF UP (2018) 13 SCC 420

AUTHOR – SANSHIA HELMINA REBELLO, STUDENT AT CHRIST UNIVERSITY

BEST CITATION – SANSHIA HELMINA REBELLO, CASE COMMENTARY ON AHSAN V. STATE OF UP (2018) 13 SCC 420, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 706-709, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

This case is about various offences concerning sections 34, 307, 316, 452 and 504 of the Indian Penal Code, 1860.

Section 34 ^[1]of the IPC describes acts done by several persons in furtherance of a common intention. Wherein when either of the persons who does the act in furtherance of a common intention would still be held liable, even if he/she was not the one who did it.

Section 307 ^[2]of the Indian Penal Code, 1860 describes the offence of attempt to murder. For an act to constitute an attempt to murder it needs to be backed by such intention and knowledge on the part of the offender such that his/her act would result in death or cause hurt to a person.

It is further mentioned that if, such an act results in the death of a person, then he/she is sentenced to a term of either description of 10 years or a fine. Whereas, in case of hurt caused the offender shall be liable for life imprisonment. 

Moreover, if the offender is sentenced to life imprisonment, then he/she is to be sentenced to death penalty.

Further section 316 ^[3]of the Indian Penal Code, 1860 provides punishment for the offence of causing the death of an unborn child. According to the provision, if a person causes death, he/she would be guilty of culpable homicide and if he/she cause the death of any unborn child then that person shall be sentenced to imprisonment of 10 years and also a fine.

Section 452 ^[4]of the Indian Penal Code, states that any person committing house-trespass with the intention of causing hurt to any person or assaulting a person or wrongfully restraining any person or putting a person in fear of hurt, or assault, or wrongful restraint would be sentenced to a term of imprisonment of either description which may extend to 7 years and also a fine. Lasty, Section 504^[5]of the IPC, describes the intentional act of a person, which includes insulting and giving provocation to that person, knowing it to result in breach of public peace, or to commit any other offence. Such a person shall be punishable with imprisonment of either description for a term which may extend to 2 years or with fine, or with both.

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[1] Pen. Code § 34

[2] Pen. Code § 307

[3] Pen. Code § 316

[4] Pen.Code  § 452

[5] Pen.Code § 504

IN THE WAKE OF EQUALITY- EVOLUTION OF THIRD GENDER’S RIGHTS IN THE EYE OF LAW IN INDIA

AUTHOR – NITIN VERMA, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – NITIN VERMA, IN THE WAKE OF EQUALITY- EVOLUTION OF THIRD GENDER’S RIGHTS IN THE EYE OF LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 698-704, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper analyses the condition of the Transgender community in India, who are actually Considered as Hijras and their Historical Background, social problems faced by Transgender on day-to-day basis. Further, this paper will focus upon the new Act introduced in 2019 that provides for reformation and upliftment of this group of society.

Despite having a long history of acceptance in our culture, transgender people are still struggling daily to be accepted by our society.^[1] Families and other social groups reject the members of this community. Due to the lack of possibilities for adequate education, job, and access to health care, they are sometimes driven into ritual begging since they have no other means of support. In modern culture, transgender people come in all racial, cultural, religious, and social backgrounds. Moreover, due to the rigid, forced compliance to sexual dimorphism, they are subjected to bewilderment and agony. They have contended with injustices brought on by societal shame, discrimination, and rejection of their civil and human rights. They experience widespread prejudice in the domains of their own families, social lives, housing, education, health, and other areas.

Keywords: Transgender, Third Gender, Hijra, Sexual Dimorphism, Social Shame.

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[1] Available at https://www.mdpi.com/2313-5778/6/4/92. Accessed on 09.11.2023

INTELLECTUAL PROPERTY RIGHTS& EXCESS TO MEDICINE “BALANCING INNOVATION& PUBLIC HEALTH”

AUTHOR – PRABHAT TOMAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – PRABHAT TOMAR, INTELLECTUAL PROPERTY RIGHTS& EXCESS TO MEDICINE “BALANCING INNOVATION& PUBLIC HEALTH”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 750-759, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual Property Rights (IPRs), particularly patents, play a pivotal role in fostering innovation within the pharmaceutical industry by providing inventors with exclusive rights to their creations. However, these rights often conflict with the urgent global need for accessible and affordable healthcare, particularly in low- and middle-income countries where high drug prices can restrict access to essential medicines. This paper examines the dual challenges posed by IPRs: promoting pharmaceutical innovation while ensuring public health needs are met. Through a synthesis of existing literature, global health reports, and case studies, we analyze the impact of IPRs on access to medicines and assess the effectiveness of various strategies designed to balance these competing interests. We explore mechanisms such as compulsory licensing, which has been utilized by countries like Brazil and Thailand to bypass patent rights for critical drugs, and patent pools, exemplified by initiatives like the Medicines Patent Pool (MPP), which facilitate the production and distribution of generic drugs through voluntary licensing agreements. The results highlight that while these mechanisms can improve drug accessibility, they also require careful implementation to avoid trade tensions and sustain pharmaceutical innovation. We conclude with policy recommendations that propose a balanced approach, integrating market incentives with regulatory frameworks to promote both innovation and broad access to essential medicines. This balanced approach is essential for mitigating health disparities and enhancing global health outcomes, underscoring the need for international cooperation and robust health policy frameworks that align IPRs with public health objectives.

KEY WORDS: IPR, MEDICAL, INDUSTRY, DRUGS, HEALTH,GLOBAL,IMPLEMENT.

INDIA’S LEGISLATIVE PROPOSITION TOWARDS ENVIRONMENTAL REGULATIONS: CRITICAL ANALYSIS OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2022

AUTHOR: SHRESTH KUMAR, STUDENT AT CHRIST UNIVERSITY, DELHI NCR

BEST CITATION – SHRESTH KUMAR, INDIA’S LEGISLATIVE PROPOSITION TOWARDS ENVIRONMENTAL REGULATIONS: CRITICAL ANALYSIS OF THE BIOLOGICAL DIVERSITY (AMENDMENT) BILL, 2022, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 689-697, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The research paper delves into the evolution and impact of global environmental legislations, tracing back to the seminal United Nations Conference on the Human Environment in 1972. Focusing on India’s response, the paper examines constitutional amendments, parliamentary enactments, and landmark legal cases that have shaped the country’s environmental legal landscape. Highlighting the significance of Article 48A and Article 253 in India’s Constitution, the paper discusses the multifaceted role of the government, state entities, and citizens in protecting and improving the environment. It explores the expansive interpretation of the right to life, encompassing a dignified existence, social justice, and humane working conditions.

The study then scrutinizes the Biological Diversity (Amendment) Bill, 2022, now the ‘Biological Diversity Act, 2023.’ It critically evaluates the bill’s provisions, including exemptions for traditional knowledge users, benefit-sharing terms, and the shift from criminal sanctions to financial penalties. Concerns are raised about potential loopholes, lack of community involvement, and deviations from international standards, necessitating a nuanced examination. Moving to the hypothesis and research question, the paper assesses India’s response to climate change and the role of the National Biodiversity (Amendment) Act, 2021. It questions the balance between economic development and environmental preservation, especially in light of the criticisms surrounding the Biological Diversity Act, 2023. The paper explores the enforcement challenges in India’s environmental laws and draws comparisons with the Japanese model, advocating for a more effective and accountable regulatory framework.

The research objective focuses on minimizing political interference in regulatory bodies and promoting transparent, inclusive consultations. The recommendations emphasize decentralization, expertise-driven decision-making, transparency, and inclusivity as key elements for a robust environmental regulatory framework in India.

In conclusion, the paper underscores the need for a comprehensive review of environmental regulations in India to address complexities, enhance clarity, and foster sustainable practices. It also highlights the critical role of regulatory bodies insulated from political pressures, ensuring a balance between environmental conservation and economic development.

Keywords – Environment protection, Stockholm Convention, Legislative framework, Biological Diversity (Amendment) Bill, 2022, Climate change, National Biodiversity (Amendment) Act, 2021, Political interference, Regulatory bodies, Transparent consultations, Inclusive decision-making

EMPHASIZING BAIL AS A PRIMARY ALTERNATIVE TO INCARCERATION: TRANSFORMATIVE TRENDS IN MODERN CRIMINAL JUSTICE

AUTHOR – R.SIVAGAYATHRI, STUDENT AT GOVERNMENT LAW COLLEGE MADURAI AFFILIATED TO THE TAMILNADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – R.SIVAGAYATHRI, EMPHASIZING BAIL AS A PRIMARY ALTERNATIVE TO INCARCERATION: TRANSFORMATIVE TRENDS IN MODERN CRIMINAL JUSTICE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 680-688, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

In the realm of modern criminal justice, The principle that “bail is the rule, and jail is the exception” has emerged as a pivotal tenet, signifying a shift towards a more balanced and humane approach to the management of accused individuals. This research paper undertakes a thorough exploration of this fundamental concept, employing a multidisciplinary lens to analyze its implications, relevance, and challenges in contemporary society. This research evaluates the historical context of this principle, tracing its origins to the foundational principles of justice, including the presumption of innocence and the right to a fair trial. Through an extensive review of empirical studies, legal precedents, and comparative analyses of international practices, this paper underscores the pivotal role of bail in promoting individual liberty while simultaneously addressing public safety concerns. It examines the diverse factors that influence bail determinations, including socioeconomic disparities, racial bias, and the impact of pretrial detention on recidivism rates. Furthermore, This research delves into the Origin of this concept and discusses the challenges that arise when implementing the “bail is the rule” paradigm, such as the need for effective risk assessment tools, the management of overcrowded detention facilities, and the quest for equitable access to justice. It also scrutinizes alternative approaches to pretrial release, including electronic monitoring and community-based programs, highlighting their potential benefits and drawbacks. In conclusion, this research paper underscores the critical importance of recalibrating the balance between bail and incarceration in contemporary criminal justice systems. By promoting the idea that “bail is the rule, and jail is the exception,” this study advocates for a more equitable, efficient, and humane criminal justice system that upholds the principles of justice and fairness for all individuals.

Keywords: Bail, Incarceration, Criminal Justice, Pretrial Detention, Legal Reform