Author: PRASANNASRI26092001

CRITICAL ANALYSE : CONCEPT OF SEXUAL VIOLENCE AND IT’S LEGAL PROVISIONS  UNDER  BHARATIYA NYAYA SANHITA, 2023

AUTHOR – AASHU GUPTA, LLM (CRIMINAL LAW) STUDENT AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES,AMITY UNIVERSITY,NOIDA, UTTAR PRADESH)

BEST CITATION – AASHU GUPTA, CRITICAL ANALYSE : CONCEPT OF SEXUAL VIOLENCE AND IT’S LEGAL PROVISIONS  UNDER  BHARATIYA NYAYA SANHITA, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 865-876, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The research paper gives a theoretical understanding of sexual violence laws in India and its relevant provisions under Bharatiya Nyaya Sanhita,2023. Sexual violence offence are  heinous in nature and affects society as a large. Many things contribute to the rise in offences of sexual violence against an individual in India, the study finds it. Sexual violence offence happened with anyone and such abuse sexually may be from their family’s members, trusted persons, or strangers after considering these factors it will not wrong to presume that a woman and children’s are not safe.As a result, it was thought that the issues of rape against women and children emerge due to conflict between “traditional” standards and values and these are responsible for the violence. It violates the victim’s privacy, lowers their self-respect, and causes physical and emotional pain. The sexual Violence laws in India have evolved over time, by social reform movements, Judicial interpretations and Legislations. BNS,2023 provides  many provisions and penalties against offences of sexual violence as a current legal framework in India it includes all  types of sexual violences with its punishments. It focuses on what actions are taken by the government and how legal systems protect victims. This paper is to highlight the awareness more on victim-centric issues and address gender-related issues more sensitively.

   Keywords :  Sexual Violence, Consent, Marital Rape, Victim centric issues, Human Rights.   

FROM RESTRICTION TO RECOGNITION: THE LEGAL JOURNEY OF ABORTION RIGHTS IN INDIA

AUTHOR – ADITHYA M V NAIR, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – ADITHYA M V NAIR, FROM RESTRICTION TO RECOGNITION: THE LEGAL JOURNEY OF ABORTION RIGHTS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 853-864, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The issue of abortion has long been part of wider discussions about women’s rights, bodily autonomy, and the extent to which the state may regulate personal reproductive decisions. In India, abortion is primarily governed by the Medical Termination of Pregnancy Act, 1971, which was enacted to allow the termination of pregnancy under certain specified conditions while ensuring the safety of women. Over time, changing social realities, developments in medical science, and evolving constitutional interpretations have gradually influenced the way reproductive rights are understood within the legal system. As a result, the idea of reproductive autonomy has gained increasing attention in legal and academic discussions relating to women’s rights and personal liberty.

Reproductive autonomy broadly refers to a woman’s ability to make informed and independent choices about matters concerning her reproductive health, including whether to continue or terminate a pregnancy. This concept is closely linked with values such as dignity, privacy, and personal freedom, which are central to constitutional protections. Although the law provides a framework that permits abortion in specific circumstances, many women in India still encounter practical, social, and institutional challenges when seeking safe and legal abortion services. Judicial interpretation and legislative amendments in recent years have attempted to respond to some of these concerns by expanding the scope of protection and acknowledging the diverse situations faced by women.

This paper seeks to examine the development and changing scope of abortion rights in India by analysing the legal framework established under the Medical Termination of Pregnancy Act, 1971 and its subsequent amendments. It also considers how courts have interpreted reproductive autonomy in light of constitutional principles and fundamental rights. While the law has gradually moved toward recognising women’s reproductive choices, the study argues that several barriers continue to affect the effective realization of these rights in practice. By examining statutory provisions, judicial decisions, and existing challenges, the paper highlights the need for a more accessible and rights-oriented approach to reproductive healthcare in India.

RISKS OF CROSS-PLATFORM DATA SHARING IN INTERNET GAMBLING A POLICY AND DOCTRINAL STUDY OF DATA ETHICS, JURISDICTION, AND EXTRATERRITORIAL REGULATION

AUTHOR – PIRAJESH N R, STUDENT AT SCHOOL OF LAW CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – PIRAJESH N R, RISKS OF CROSS-PLATFORM DATA SHARING IN INTERNET GAMBLING A POLICY AND DOCTRINAL STUDY OF DATA ETHICS, JURISDICTION, AND EXTRATERRITORIAL REGULATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 843-852, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The asset in highest demand today is data, and the global economy runs on it. It facilitates markets and everyday life. Though also seen as hugely risky, data laws widely vary. Countries maintain that data must remain inside its borders. Other nations, as it were, allow transfers but impose conditions, thus bringing in conflicting opinions on global platforms. Online gambling has brought this rift into the open. Such platforms collect various data: about money, habits, and other personal details. They monitor gambling behavior using technology across devices, and in many cases, use prediction to manipulate betting behavior. This naturally opens the door to issues of privacy, addiction, and financial detriment. The most disadvantaged, like minors and ingrained addicts, are typically the ones to suffer. This article adopts a doctrinal approach to analyze the problem through statutes, case law, and academic literature, with a spotlight on EU’s GDPR and India’s DPDP Act 2023, making a comparison of the laws regulating cross-border data flow while also looking at landmark cases in the UK and India that have addressed the issues of profiling, consent-driven weaknesses, and pertaining liability. Paradoxically, while these courts have made some significant marks, it also reflects areas that are still lacking..^[1] This paper reviews major literature. Reports from the Council of Europe show the damage that dark patterns and manipulative design cause.In addition, it reveals that economics studies prove easy access leading to indebtedness and bankruptcy. Other works show a fragmented legal system exposing the users to breaches. Indian scholarship indicates the liability still less than clear under the DPDP Act. Analysis indicates that unilateral laws alone are insufficient. The GDPR makes a claim for a worldwide reach. The same is true for PIPL in China. The reliance of India is on localization. All of these rules are mutually exclusive. A gambling platform cannot obey all of them simultaneously..^[2] A judicial trend is very mixed. UK courts impose stricter duties of care. Indian courts feel that colonial legal doctrines have become outdated. There are, however, still a lack of clear guidance. The present paper proposes reforms. It calls for a broader interpretation of harms. Shared liability for consequences is also encouraged. Reciprocity in cross-border requests is advocated. Recommendations are made for gambling-specific guardrails. Trade-compatible ethics are emphasized as a necessity. Thus, the conclusion seems obvious. The internet would live in fragmentation without reform. The lacunae would be exploited by gambling. Unsafe would remain the users. With reform, the law can possibly strike a balance between innovation and protection. Most of all, this balance is needed by gambling platforms. It is dependent upon it.

Key Words – Online Gambling, Cross-Platform Data, GDPR, DPDP Act, Jurisdiction, Data Ethics

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[1]https://curia.europa.eu/juris/document/document.jsf?text=&docid=228618&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=107370 (accessed on September 11,2025, Court of Justice of the European Union (CJEU). (2020). Judgment in Case C-311/18, Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems.china)

[2] https://digichina.stanford.edu/work/translation-personal-information-protection-law-of-the-peoples-republic-of-china-effective-nov-1-2021/ (accessed on September 11, 2025, Personal Information Protection Law of the People’s Republic of China. Adopted at the 30th Meeting of the Standing Committee of the 13th National People’s Congress, 20 August 2021.)

RELIGION, RIGHTS, AND THE CONSTITUTION: THE CHANGING LANDSCAPE OF INDIAN SECULARISM

AUTHOR – AANCHAL PRASAD, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE, INDIA

BEST CITATION – AANCHAL PRASAD, RELIGION, RIGHTS, AND THE CONSTITUTION: THE CHANGING LANDSCAPE OF INDIAN SECULARISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 836-842, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The connection between the state and religion in the Indian Constitution is a unique form of secularism, and it is not similar to a stringent separationist model that exists in other jurisdictions. Indian secularism does not in any way uphold a strict separation of religion and government, but instead runs on a principle of principled equidistance, in which the state can interact with religious institutions without jeopardizing constitutional values. In this paper, the constitutional architecture of religious freedom in Articles 25 and 26 is discussed, and the development of judicial interpretation is analyzed in this area. Specific attention is paid to the Doctrine of Essential Religious Practices (ERP) formulated by the Supreme Court on the issue of the extent to which religious activities would be provided with constitutional protection. Although the doctrine has been the focus of the judicial determination of the conflict in religious liberty and legislation, it has equally been met with extensive criticism owing to the fact that the doctrine allows the judiciary to become the determiner of theological matters. The paper also examines the broadening understanding of the meaning of public order and the increasing significance of constitutional morality in modern jurisprudence. The analysis of the recent discussions on the possible implementation of an anti-exclusion strategy, as well as the use of proportionality in the limitation of religious practices, makes the study note the issues in balancing religious freedoms, equality and dignity. It ends by proposing reforms that would both reinforce the constitutional clarity and maintain the pluralistic and secular system in India.

Keywords: Religious Freedom, Constitutional Morality, Judicial Review of Religion,Indian Secularism

ATTENTION, DATA OR MONEY? RE-IMAGINING THE ‘PRICE’ IN SSNIP TESTS FOR ZERO-PRICE DIGITAL SERVICES

AUTHOR – SAURAV DWIVEDI,STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SAURAV DWIVEDI, ATTENTION, DATA OR MONEY? RE-IMAGINING THE ‘PRICE’ IN SSNIP TESTS FOR ZERO-PRICE DIGITAL SERVICES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 830-825, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Traditional competition law tools like the Small but Significant Non-transitory Increase in Price (‘SSNIP’) test underpin market definition by assessing whether a hypothetical monopolist could profitably raise prices by 5-10% without significant loss of sales to substitutes.^[1] Yet this framework falters in zero-price digital services, where platforms such as Google Search, Meta’s social networks, and TikTok offer gratis access funded by advertising revenue and user data monetisation, rendering monetary price increases conceptually inapplicable.^[2] Users effectively “pay” through data surrender, attention allocation to ads, or privacy erosion, exposing SSNIP’s limitations in capturing non-pecuniary trade-offs that drive dominance and harm consumer welfare.^[3]

This essay argues that “price” in SSNIP-type tests must evolve into a multi-dimensional construct incorporating monetary outlay, data volume/sensitivity, quality, and attention costs to accurately delineate markets and detect abuse in digital ecosystems. It first elucidates the SSNIP test’s mechanics and its role in market definition under EU, US, and Indian regimes. The analysis then dissects zero-price market challenges, critiques existing adaptations like SSNDQ and data-as-currency models, and proposes a hybrid SSNAIP framework. Comparative perspectives across jurisdictions follow, alongside policy recommendations, concluding with calls for empirical refinement and inter-regime coordination.

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[1] Commission Notice on the Definition of Relevant Market for the Purposes of Community Competition Law OJ C372/5, paras 17–22.

[2] OECD, ‘Rethinking Antitrust Tools for Multi-Sided Platforms’ (2017) 45.

[3] Press Information Bureau, ‘CCI imposes a monetary penalty of Rs. 1337.76 crore on Google for anti-competitive practices in Android mobile devices ecosystem’ (PIB, 20 October 2022) https://www.pib.gov.in/PressReleasePage.aspx?PRID=1869748&reg=3&lang=2 accessed 11 December 2025.

WHY IT IS UNREASONABLE AND UNJUST TO GRANT LEGAL PERSONHOOD TO ARTIFICIAL INTELLIGENCE

AUTHOR – UTKARSH RAGHUNATH, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – UTKARSH RAGHUNATH, WHY IT IS UNREASONABLE AND UNJUST TO GRANT LEGAL PERSONHOOD TO ARTIFICIAL INTELLIGENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 821-829, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI -https://doi.org/10.65393/RFCM8213

ABSTRACT

The emergence of Artificial Intelligence has come up with serious controversies concerning whether autonomous technological systems are legally considered or not.^[1] Other academics and policy makers have suggested that AI systems should be given the legal status of persons as a way of countering the problem of accountability when autonomous systems malfunction and harm people.^[2] This debate entered mainstream legal discourse with a proposal of the European Parliament of 2017 suggesting the idea of electronic personhood.^[3] Nevertheless, the concept is still debatable in the field of jurisprudence and regulatory theory.

This paper suggests that Artificial Intelligence should not be given legal personhood due to its imprudence as well as unfairness.Historically, legal personhood is a legal fiction designed to accomplish certain social goals like commercial facilitation, religious interests conservation, or environmental resource protection.^[4] Corporations, idols and rivers have been given legal identity due to the fact that they safeguard identifiable human or ecological interests.^[5]  Artificial Intelligence, in its turn, does not have any consciousness, moral agency, and intrinsic interests. It is incapable of having intentions, moral responsibility, and independent rights to be accorded legal status.

This paper explores the notion of legal personhood, jurisprudential conditions of identifying non-human beings as legal persons, and the analogy of symbolic personhood in law.^[6] The paper will also examine the dangers of AI personhood such as corporate liability caps, lack of responsibility and moral hazards in technology advancement. The paper suggests that the harms caused by AI systems are better regulated by the existing legal doctrines of strict liability, corporate accountability, product liability, and transparency through algorithmic means.^[7]

Finally, it is concluded in the paper that the legal personhood of AI would be counterproductive to core foundations of justice by placing the burden off on the human agents who create, implement, and make money on AI technologies. An anthropocentric regulatory system is the most consistent and reasonable model of the regulation of artificial intelligence.^[8]

Keywords: Accountability, Artificial Intelligence, Legal Fictions, Legal Personhood, Responsibility.

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[1] European Parliament Resolution of 16 Feb. 2017 with recommendations to the Commission on Civil Law Rules on Robotics, 2015/2103(INL).

[2] Simon Chesterman, We, the Robots? Regulating Artificial Intelligence and the Limits of the Law (Cambridge Univ. Press 2021).

[3] Joanna J. Bryson, Mihailis E. Diamantis & Thomas D. Grant, Of, for, and by the People: The Legal Lacuna of Synthetic Persons, 25 Artificial Intelligence & L. 273 (2017).

[4] Andrea Bertolini & Michela Episcopo, The (Un)Accountability of Artificial Intelligence: Why Electronic Personhood Won’t Solve the Problem, 6 Eur. J. Risk Reg. (2022).

[5] Luciano Floridi & Josh Cowls, A Unified Framework of Five Principles for AI in Society, 1 Harv. Data Sci. Rev. (2019).

[6] Rylands v. Fletcher, (1868) LR 3 HL 330 (HL).

[7] Restatement (Second) of Torts § 402A (Am. L. Inst. 1965).

[8] Mohd. Salim v. State of Uttarakhand, W.P. (PIL) No. 126/2014 (Uttarakhand HC 2017).

WHO OWNS AND CONTROLS AI-GENERATED ART TURNED INTO NFTS: A DOCTRINAL LEGAL ANALYSIS

AUTHOR – VARSHAA ARUMUGAM, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – VARSHAA ARUMUGAM, WHO OWNS AND CONTROLS AI-GENERATED ART TURNED INTO NFTS: A DOCTRINAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 811-820, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The rapid growth of Artificial Intelligence (AI) has challenged the traditional framework of copyright law by blurring the boundaries of authorship, creativity, and ownership. Copyright regimes across jurisdictions, built upon the human-centric notion of originality, are now confronted with unprecedented questions: Can AI-generated works qualify for protection? If so, who should be recognized as the author the programmer, the user, or the AI itself? Parallelly, the emergence of Non-Fungible Tokens (NFTs) has added another layer of complexity, transforming digital creations into unique, tradable assets and raising issues of enforceability, authenticity, and intellectual property rights.

The primary objective of this research is to examine the ownership and control of AI-generated NFTs through a comparative study of statutory provisions, judicial decisions, and scholarly debates. It investigates whether existing copyright laws adequately address the challenges posed by AI creativity and NFT commercialization or whether new legal frameworks are necessary. The study further explores the extent to which international conventions, such as the Berne Convention and TRIPS, provide guidance on authorship in technologically advanced contexts.

The methodology employed is doctrinal and comparative, relying on statutes, case law, and academic literature from jurisdictions such as the United States, United Kingdom, India, and the European Union. Additionally, policy documents from WIPO and the OECD are analyzed to understand the global discourse on AI and intellectual property.

The tentative conclusion suggests that current copyright frameworks are ill-equipped to deal with the disruptive nature of AI-generated works and NFTs. While courts and legislatures have made piecemeal attempts, the absence of a harmonized international approach creates legal uncertainty. The study recommends a hybrid model of ownership recognizing human involvement while acknowledging AI’s autonomous role paired with regulatory mechanisms for NFTs to ensure both innovation and legal clarity.

Keywords: Artificial Intelligence, Copyright Law, Authorship, Non-Fungible Tokens (NFTs), Intellectual Property

“NAVIGATING THE NEXUS: THE ROLE OF WTO JURISPRUDENCE IN HARMONIZING INTERNATIONAL TRADE AND CLIMATE CHANGE POLICIES”

AUTHOR – NANDITA GUPTA, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – NANDITA GUPTA, “NAVIGATING THE NEXUS: THE ROLE OF WTO JURISPRUDENCE IN HARMONIZING INTERNATIONAL TRADE AND CLIMATE CHANGE POLICIES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 799-810, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/BWQA6722

ABSTRACT

International trade and climate change are among the most pressing issues confronting the global community, with their complex interplay influencing economic growth, environmental sustainability, and international relations. This research paper explores the intricate relationship between these domains, focusing on the pivotal role of the World Trade Organization (WTO) in reconciling potentially conflicting agendas. Established in 1995, the WTO has been central to regulating international trade and ensuring fair practices; however, its framework intersects with environmental policies, creating significant challenges.

The primary objectives of this study are to examine the integration of trade and climate policies within the WTO framework, to identify the challenges and conflicts that arise from this intersection, and to explore potential pathways for aligning these policies. The research aims to understand how WTO jurisprudence impacts the harmonization of international trade and climate policies and to provide insights into how these conflicts might be mitigated.

The study reveals that the integration of trade and climate policies presents substantial difficulties. Carbon pricing mechanisms, such as carbon taxes and emissions trading systems (ETS), often conflict with trade regulations by increasing production costs and impacting global competitiveness. High-profile WTO cases illustrate how environmental measures can be perceived as trade barriers, highlighting the tension between environmental protection and trade liberalization. Additionally, issues such as border carbon adjustments and subsidies for green technologies have shown the need for a nuanced approach that aligns trade rules with environmental objectives.

The research employs a comprehensive analysis of WTO jurisprudence, including a review of landmark cases and an examination of trade and climate policies. It uses qualitative methods to assess how trade regulations intersect with environmental measures and explores both theoretical and practical aspects of policy integration.

The findings underscore the necessity of reconciling trade and climate policies within the WTO framework to promote a more sustainable and equitable global future. Understanding the implications of WTO jurisprudence on these policies is crucial for policymakers, trade negotiators, and environmental advocates. The research highlights the importance of developing coherent and integrated approaches to global trade and climate governance, suggesting that the WTO has a crucial role in guiding this process by clarifying the compatibility of environmental measures with trade rules, facilitating policy dialogue, and supporting innovative solutions.

Keywords:   WTO Jurisprudence, International Trade, Climate Change Policies, Trade and Environment Integration and Sustainable Trade Practices.

BREAKING THE CARTEL SILENCE: A STUDY OF LENIENCY MECHANISMS IN THE INDIAN COMPETITION LANDSCAPE

AUTHOR – SHARANYA AGARWAL* & MR. PRAFUL SARAN**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW CAMPUS

** ASSISTANT PROFESSOR AT AMITY UNIVERSITY, LUCKNOW CAMPUS

BEST CITATION – SHARANYA AGARWAL & MR. PRAFUL SARAN, BREAKING THE CARTEL SILENCE: A STUDY OF LENIENCY MECHANISMS IN THE INDIAN COMPETITION LANDSCAPE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 785-798, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/JZQW2726

Abstract

Identifying and prosecuting cartels, which is often called the supreme evil of antitrust, is still among the most difficult issues of competition authorities around the world. The cartels are very dangerous to consumer welfare, they suppress innovation, and they pervert market efficiency due to the secretive nature and the coordinated anti-competitiveness behavior of such cartels. The Competition Commission of India (CCI) has increasingly been using its leniency program, which has been based on Section 46 of the Competition Act, 2002, to unravel these illegitimate arrangements in the Indian context. This is a research paper that offers a detailed analysis of the development and the success of the leniency mechanisms in the Indian competition arena. It follows the path of the development of the Lesser Penalty Regulations of 2009 to the ground-breaking amendments of 2017 and the introduction of the so-called ‘Leniency Plus’ regime by the Competition (Amendment) Act, 2023. The paper estimates the practical difficulties that limit a vigorous race to the CCI by examining some of the trends and legal precedents in enforcement, such as the initial case of Brushless DC Fans and the broad Battery Cartel decisions. These obstacles comprise procedural ambiguity, the elevated evidentiary bar to vital disclosure, the threat of follow-on damages, and the threat of public procurement debarment. Additionally, the paper looks at the mechanism of Leniency Plus in detail, the mechanism that is capable of incentivizing self-reporting in various markets of the product, and conforms to the international best practice in the US and EU. The study employs a descriptive and analytical approach, which uses the provisions of the statutes, regulatory guidelines, and critical analysis by scholars. The results imply that the Indian leniency regime has grown considerably, but the bottom line to its success is the improvement of transparency in the procedures, the high level of confidentiality protection, and a balance between the carrot and the stick of penalties reduction and effective deterrence. The paper ends with a series of policy recommendations to tighten the leniency framework in order to have a more competitive and transparent market environment in India.

Keywords: Cartels, Leniency Mechanism, Competition Commission of India, Leniency Plus, Section 46, Competition Act 2002, Anti-competitive Agreements, Market System, Bid-rigging.

BORDER ENFORCEMENT OF TRADEMARK RIGHTS: THE ROLE OF CUSTOMS AUTHORITIES IN COMBATING COUNTERFEIT IMPORTS

AUTHOR – KAREN C THOMAS, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – KAREN C THOMAS, BORDER ENFORCEMENT OF TRADEMARK RIGHTS: THE ROLE OF CUSTOMS AUTHORITIES IN COMBATING COUNTERFEIT IMPORTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 775-784, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper examines the role of border enforcement mechanisms in protecting trademark rights and preventing the importation of counterfeit goods into domestic markets. With the consistent expansion of global trade and e-commerce, the circulation of counterfeit products has become a significant challenge for governments, businesses, and consumers. The study analyses the international legal framework governing border enforcement, specifically the provisions of the TRIPS Agreement by the World Trade Organisation, which requires member states to establish and implement procedures enabling customs authorities to halt the release of suspected counterfeit goods. The paper further evaluates the Indian legal regime, focusing on the Customs Act 1962, the Trade Marks Act 1999, and the Intellectual Property Rights (Imported Goods) Enforcement Rules 2007. Through an analysis of judicial decisions, comparative practices in other jurisdictions, and contemporary enforcement challenges, the paper argues that effective customs enforcement is an indispensable safeguard against the entry of counterfeit goods and a crucial component of modern trademark protection.

Keywords: Intellectual property rights, Counterfeit goods, Border enforcement, Trademark, Customs authorities