ROLE OF TRADE SECRET LAWS IN TECHNOLOGY TRANSFER

AUTHOR – ROHIT KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ROHIT KUMAR, ROLE OF TRADE SECRET LAWS IN TECHNOLOGY TRANSFER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 498-504, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In an era defined by rapid technological change and global knowledge dissemination, the transfer of innovation from research institutions to industry serves as a cornerstone of economic growth and competitiveness. Among the intellectual property (IP) tools available, trade secret law occupies a unique place: unlike patents, which require public disclosure and offer time-limited exclusivity, trade secrets derive their value from maintained confidentiality and may endure indefinitely if secrecy is preserved. This paper examines the role of trade secret protection in the process of technology transfer, exploring both its enabling and constraining effects. First, it reviews the theoretical bases of technology transfer and trade secret law, addressing how knowledge is codified, protected, and commercialised. Next, it analyses practical mechanisms—such as licensing, institutional strategies, and collaborative models—through which trade secrets influence institutional behaviour, inventor incentives, and industry engagement. Legal reasoning and precedent under trade secret jurisprudence demonstrate how confidentiality obligations, misappropriation doctrines, and institutional practices shape the ecosystem of innovation. The paper then contrasts the experiences of the United States and Italy to illustrate how institutional maturity, legal^[1] frameworks, and cultural norms affect the utility of trade secret protection in technology commercialisation. Finally, it addresses emerging challenges—especially transparency and accountability in the digital age—highlighting that while trade secret law can be a powerful enabler of technology transfer, its effectiveness depends critically on robust institutional support, tailored contractual regimes, and an appropriate balance between proprietary advantage and public interest. The findings suggest that policymakers, TTOs^[2] (Technology Transfer Offices), and research institutions must adopt strategies that integrate trade secret protection with broader innovation governance, ensuring that the benefits of technological knowledge are realised while safeguarding societal values.

Key words: technological, protection, influence, commercialised, secrecy

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[1] Abramo, G. (2006)

[2] Abramo, G., & D’Angelo, C. A. (2009).

INTELLECTUAL PROPERTY AND THE METAVERSE: NEW FRONTIERS OF VIRTUAL OWNERSHIP

AUTHOR – RITIK RAJ, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – RITIK RAJ, INTELLECTUAL PROPERTY AND THE METAVERSE: NEW FRONTIERS OF VIRTUAL OWNERSHIP, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 490-497, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The Metaverse is more than just a passing tech trend—it represents a dramatic change in how people connect online. It merges physical and digital realities, forming immersive spaces where users do more than message or browse—they create, possess, and exchange digital assets. All of this is powered by decentralized technologies like block chain, distributed ledgers, artificial intelligence, and both augmented and virtual reality. These aren’t just bells and whistles. They force a revaluation of basic legal ideas: What does property mean? Who qualifies as a person online? Who is liable when problems arise in a world that barely intersects with the physical one? This paper explores the transformation of digital property rights within the Metaverse. It examines Web3, NFTs, and smart contracts—technologies that go beyond buzzwords and are actively redefining concepts of ownership and exchange. Property in these digital spaces isn’t just about controlling a password or private key; genuine ownership requires recognition that’s deeper than holding a few tokens. The research also scrutinizes smart contracts, contending that regulation can’t be left solely to code. What’s needed is a hybrid—solid technological frameworks supported by real human oversight. That’s essential for fairness and meaningful consent. Jurisdiction presents some of the most complex challenges. Decentralized environments disregard national borders, making traditional rules of legal authority inadequate. Who bears responsibility—the user, the platform, or a dispersed set of anonymous developers? There’s no settled answer yet, highlighting the urgent need for international standards that truly reflect how these environments function. The paper also focuses on data ownership and privacy, insisting that people must have genuine control over their personal information—a principle digital law can no longer ignore. From my viewpoint, the Metaverse is not just another digital space. It is pushing legal thinking into new realms. Digital property needs a recognized place in the law, with protections based on fairness and clear accountability. Ultimately, the paper argues for a new kind of digital legal system—one that doesn’t merely follow the latest craze, but strikes a balance between innovation and justice. The Metaverse should develop into an environment where the rule of law and digital freedom work together, and where human rights remain fundamental, no matter how virtual the context becomes.

Key words: digital, Metaverse, protections, virtual, hybrid

THE SOCIETAL AND PSYCHOLOGICAL FACTORS CONTRIBUTING TO SELF KILLING: A MULTIDIMENSIONAL ANALYSIS

AUTHOR – SARAVANAN V, FINAL YEAR STUDENT LLM (CRIMINAL LAW) CRESCENT SCHOOL OF LAW B S ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE AND TECHNOLOGY VANDALUR, CHENNAI

BEST CITATION – SARAVANAN V, THE SOCIETAL AND PSYCHOLOGICAL FACTORS CONTRIBUTING TO SELF KILLING: A MULTIDIMENSIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 478-489, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION :

Should a person suffering from mental illness be entitled to request assisted suicide? Does such a decision have any moral merit? The answer to this question depends on an assessment of various assumptions that lie at different levels of generalization. From a high-level perspective, it matters whether we think assisted suicide is morally justified at all. Even one level higher, the question would be whether suicide is morally justified. For the purpose of the argument of this paper I shall assume that there are justifiable cases of suicide and suicide assistance.

BALANCING EXCLUSIVE COPYRIGHT RIGHTS AND MARKET COMPETITION: REFUSAL TO LICENSE VS. COMPULSORY LICENSING

AUTHOR – ARYA VERMA, STUDENT AT NATIONAL LAW UNIVERSITY DELHI

BEST CITATION – ARYA VERMA, BALANCING EXCLUSIVE COPYRIGHT RIGHTS AND MARKET COMPETITION: REFUSAL TO LICENSE VS. COMPULSORY LICENSING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 472-477, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

On​‍​‌‍​‍‌​‍​‌‍​‍‌ the one hand, the two domains of intellectual property law and competition law have different ideas that are incompatible (intellectual property law and competition law are conflicting ideas, as they are diametrically opposite to each other). The justifications for granting intellectual property rights sometimes show that these rights are negative rights, as exemplified by John Locke’s labour theory of property or by Hegel’s personality theory, the conflict thus arising between intellectual property law and antitrust law. These exclusive rights allow the holder to act out of his monopoly and market power and to abuse his dominant position in the market for the benefit of the economy. Copyright is a bundle of rights that include economic, moral, and neighbouring rights. It can be communicated, adapted, reproduced, etc. Each of these rights could be assigned for copyright licensing and would authorize the licensee to use the copyrighted work in the manner specified in the agreement. If a person refuses to grant a license to use the rights in a work, although the terms of the contract are favourable, then such a refusal by the owner of the dominant position in the market amounts to an abuse of that position. This would not only stifle the development of the copyrighted work but also that of the economy, thus antithetical to the very idea of intellectual property rights. One way to deal with the problem is the institution of compulsory licensing, which is recognized in statutes and cases all over the world. The article will be devoted to the discussion of these concepts as well as the issues concerning the licensing of copyright and the refusal to grant a license. It will also be discussing the implications of such conduct as abuse of dominant position, the concept of compulsory licensing, and the agency of copyright in the area as future possibilities, plus the above discussion will be based on regulations and cases in India and around the ​‍​‌‍​‍‌​‍​‌‍​‍‌world.

Keywords: Copyright Licensing, Dominant Position, Refusal to License, Compulsory Licensing.

COMPARATIVE AND INTERNATIONAL PERSPECTIVES ON COMPANY LAW

AUTHOR – ABHISHEK KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ABHISHEK KUMAR, COMPARATIVE AND INTERNATIONAL PERSPECTIVES ON COMPANY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 469-471, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Company law, also known as corporate law, is the legal framework that governs the formation, management, and dissolution of companies. With globalization and cross-border business operations, understanding the comparative and international perspectives of company law has become essential. This paper analyzes the similarities and differences between company law regimes in major jurisdictions such as India, the United Kingdom, and the United States. It further explores the international influences shaping company law, including global governance standards, corporate responsibility, and harmonization efforts by international organizations. The objective is to evaluate how different legal systems approach corporate regulation, governance, and accountability in an increasingly interconnected world.

THE FUTURE OF MEDICAL TECHNOLOGY IN INDIA:  NAVIGATING THE ETHICAL LANDSCAPE OF AI AND ROBOTICS IN HEALTHCARE

AUTHOR – ADV. SHRADDHA SATYAWAN JAGTAP, LLM STUDENT AT SAVITRIBAI PHULE PUNE UNIVERSITY

BEST CITATION – ADV. SHRADDHA SATYAWAN JAGTAP, THE FUTURE OF MEDICAL TECHNOLOGY IN INDIA:  NAVIGATING THE ETHICAL LANDSCAPE OF AI AND ROBOTICS IN HEALTHCARE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 465-468, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The rise of artificial intelligence (AI)    and robotics is poised to redefine numerous sectors and healthcare stands at forefront of this revolution. From sophisticated diagnostic tools and robotic surgical assistants to AI-powered drug discovery and personalized treatment plans, the integration of these technologies promises unprecedented advancements in efficiency, precision and accessibility. However, this transformative potential is intrinsically linked with a complex web of ethical dilemmas. The “Doctors vs. Device” paradigm encapsulates the profound considerations necessary to ensure that these technological leaps genuinely benefit humanity, particularly within the diverse and complex healthcare landscape of a nation like India. This essay seeks to advocate for a human-centered, ethical and equitably accessible future for medical technology. Achieving this vision, however demand a robust ethical foundation, deeply rooted in established international guidelines and declarations. These global frameworks provide essential principles to ensure that advancements in medical technology are not only innovative but also responsibly developed and deployed for the benefit of all.

UNCLAIMED AND UNCHECKED: HOW GOVERNANCE GAPS ENABLE THE RISE OF LAND ENCROACHMENT IN INDIA

AUTHOR – NAVEENA. K, STUDENT AT CHETTINAD SCHOOL OF LAW

BEST CITATION – NAVEENA. K, UNCLAIMED AND UNCHECKED: HOW GOVERNANCE GAPS ENABLE THE RISE OF LAND ENCROACHMENT IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 452-464, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Indian land encroachment has become a longstanding issue in governance that is based on administrative failures in the system and unclear laws. The critical review in this paper is the role of fragmented institutional structures, ineffective inter-agency coordination, and accountability in allowing the encroachments to rise unabated in the public, forest, and urban lands. Based on doctrinal studies and some significant literature, the work brings to the fore the advantages of administrative indulgence, whereby the issuance of address proofs and utility services to illegal occupants legitimises the illegal possession and makes it difficult to evict the occupants.The analysis indicates that the gaps in governance are not procedural ones; however, there are structural ones, which include the ineffectiveness of detection, surveillance, and preventive enforcement in the early stages. Revenue, Urban Local Bodies, Forest Authorities, and Panchayati Raj Institutions are departmental and tend to operate separately, with some overlapping jurisdictions and a lack of consistency in their data systems, which supports encroachment. Courts and humanitarian concerns also make implementation harder since a court focuses on procedural equity and rehabilitation rather than on the strict legal ownership.The paper ends with a suggestion of a multi-pronged reform agenda: digitisation of land records, GIS-based surveillance, performance-based responsibilities on officials, and providing legal protection against administrative conferences. It proposes that reactive to preventive governance in which transparency, coordination and citizen control are the new control points in land management. The study provides practical recommendations to policymakers to reduce land encroachment without interfering with equity and legality by harmonising the law with institutional analysis.

Keywords : Encroachment, Administration, Local Authorities, Prevention, Unchecked Land.

SCOPE AND APPLICABILITY OF THE TIPPER-TIPPEE THEORY OF INSIDER TRADING: A COMPARATIVE ANALYSIS IN INDIA AND UNITED STATES PERSPECTIVE

AUTHOR – ASHVIDHA SADHASIVAM, ASSISTANT PROFESSOR OF LAW AT KMC COLLEGE OF LAW, TIRRUPUR

BEST CITATION – ASHVIDHA SADHASIVAM, SCOPE AND APPLICABILITY OF THE TIPPER-TIPPEE THEORY OF INSIDER TRADING: A COMPARATIVE ANALYSIS IN INDIA AND UNITED STATES PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 434-451, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Insider trading in India significantly differs from that of the USA. Insider trading, being the cornerstone of securities law, which has theories that delineates the obligations and liabilities of persons involved in the insider trading. In the USA, the jurisprudential aspects say the theories plays a pivotal role. Among all the theories, the tipper-tippee theory has evolved giving recognition to not only the insiders but also the other persons associated, who can be also be non-insiders. Though, originated in the USA, its features exhibit to be applied to every jurisdiction, thus aids in identifying the yardsticks such as forms of malpractice, personal benefit and breach of trust taking place within the corporations. The tippee trades with the ulterior aim to trade with the information received from the tipper, that results in a nefarious intent. Although the insider trading comes under the broader purview, merely one of the theories of insider trading liability is dealt by this study. The research delves through the lens of the tipper-tippee theory prevalent in the USA.

Keywords: Tipper-tippee theory, Legal and Regulatory frameworks, Indian cases, Insider trading liability, USA, India.

INTEGRATING DIGITAL FORENSICS INTO INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT: A FRAMEWORK FOR CYBERCRIME INVESTIGATION

AUTHOR – MADHURIKA DE* & DR. KABITA CHAKRABORTY**

* RESEARCH SCHOLAR, FACULTY OF LAW, ICFAI UNIVERSITY, TRIPURA

** PROFESSOR, FACULTY OF LAW, ICFAI UNIVERSITY, TRIPURA

BEST CITATION – MADHURIKA DE & DR. KABITA CHAKRABORTY, INTEGRATING DIGITAL FORENSICS INTO INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT: A FRAMEWORK FOR CYBERCRIME INVESTIGATION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 423-433, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The rapid growth of digital technologies has intensified the incidence of intellectual property (IP) violations, including copyright infringement, trade secret theft, and digital piracy. Traditional enforcement mechanisms remain inadequate in addressing these crimes due to the complex, cross-border, and technologically advanced nature of modern cybercrime. This article proposes a comprehensive framework for integrating digital forensic practices into intellectual property rights (IPR) enforcement to enhance the investigation, prosecution, and adjudication of cyber-enabled IP offences. The proposed framework operates across three interconnected layers—technical, legal, and institutional—linking forensic readiness with IP protection strategies. It emphasizes forensic evidence acquisition, chain of custody preservation, and harmonization of legal standards to ensure admissibility and reliability of digital evidence. By aligning investigative procedures with judicial processes and policy mechanisms, the integration model strengthens cooperation among law enforcement agencies, IP offices, and cybersecurity institutions. The study highlights the need for standardized protocols, capacity building, and international collaboration to ensure effective digital enforcement of IPR in the evolving cyber ecosystem. Ultimately, integrating digital forensics into IP protection systems will advance transparency, accountability, and the overall resilience of global innovation frameworks.

 KEY WORDS :- Cybercrime; Digital Evidence; Digital Forensics; Intellectual Property Rights (IPR); Legal Framework

CLIMATE REFUGEES AND STATELESSNESS: THE UNSEEN HUMAN RIGHTS CRISIS OF THE 21ST CENTURY

AUTHOR – ARJUN GUPTA, STUDENT AT SYMBIOSIS LAW SCHOOL

BEST CITATION – ARJUN GUPTA, CLIMATE REFUGEES AND STATELESSNESS: THE UNSEEN HUMAN RIGHTS CRISIS OF THE 21ST CENTURY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 414-422, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

Climate change is triggering an unprecedented wave of human displacement and raising the alarming prospect of statelessness, yet existing legal frameworks offer little protection to those affected. This article explores how climate-induced disasters from supercharged floods to creeping sea-level rise are forcing people from their homes, creating “climate refugees” who often fall outside the scope of international refugee law. It also examines the emerging challenge of climate-related statelessness, as entire nations (particularly small island states) risk losing their territory to rising seas. The human rights implications are dire: millions face loss of housing, livelihood, nationality, and basic dignity, without a formal status to guarantee their rights. Despite the scale of this crisis, it remains largely unseen in global policy, with fragmented or insufficient responses. The article argues for urgent international cooperation to fill protection gaps from expanding legal definitions and frameworks to proactive measures averting displacement in order to uphold the rights and dignity of those most vulnerable to climate change.

Keywords: Climate Refugees. Statelessness. Human Rights. Displacement. International Law