PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA

AUTHOR – ABHISHEK KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ABHISHEK KUMAR, PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 76-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The tension between intellectual property rights and public health stands as one of the defining dilemmas of our era. Patents, while intended to incentivize innovation—particularly in pharmaceuticals—often have the unintended consequence of restricting access to essential, life-saving medicines. Elevated prices, patent monopolies, and supply chain barriers routinely leave millions, especially those in low- and middle-income countries, without the treatments they need. Within this global landscape, India holds a pivotal position; as a leading producer of affordable generic medicines, it serves as an indispensable resource for nations facing significant health challenges. This study critically examines the global crisis of access to medicines, illuminating the persistent gap between pharmaceutical innovation and public availability. Diseases such as malaria, tuberculosis, dengue, and HIV continue to disproportionately impact the world’s most vulnerable populations, yet market priorities tend to favour profit over pressing health needs. The analysis addresses key aspects of patent law, including the rationale and inherent challenges of granting exclusivity, as well as international frameworks—most notably the TRIPS Agreement—that govern the accessibility of medicines worldwide. In the Indian context, measures such as Section 3(d) of the Patents Act, compulsory licensing, and parallel importation have played a significant role in curbing practices like “ever greening” and ensuring the supply of affordable drugs. The strength of India’s generics industry has, in effect, contributed to saving millions of lives internationally. Further, the study assesses the responsibilities of the pharmaceutical sector, weighing the ethical imperative to balance profit motives with public welfare. It also explores emerging legal and technological solutions, including patent pools, voluntary licensing, advancements in AI-driven drug discovery, and open-source initiatives. Policy recommendations centre on maintaining legal flexibilities, fostering research for neglected diseases, leveraging technological developments, enhancing regulatory oversight, and expanding access to affordable healthcare.

Key words: incentivize, pharmaceuticals, leveraging, pivotal, dilemmas

TAXATION OF DIGITAL HUMANS AND AI – GENERATED WORK: RETHINKING FISCAL LIABLITY IN THE AGE OF AUTONOMOUS INTELLIGENCE

AUTHOR – DEEPA .G, LLM (TAXATION LAW) POST GRADUATE STUDENT IN SCHOOL OF EXCELLENCE IN LAW, TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, THARAMANI CHENNAI 113.

BEST CITATION – DEEPA .G, TAXATION OF DIGITAL HUMANS AND AI – GENERATED WORK: RETHINKING FISCAL LIABLITY IN THE AGE OF AUTONOMOUS INTELLIGENCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 61-75, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The fast growth of artificial intelligence has given rise to digital humans, virtual influencers, and autonomous AI systems that can generate significant income through creative, commercial, and algorithmic activities. This new development challenges the basic principles of current tax laws, which focus on human authorship, residence, and identifiable income sources. This study aims to explore how tax laws can change to keep pace with this digital landscape, where non-human entities can generate and earn revenue independently. It looks into the main question of who should be taxed for AI-generated work. Should it be the developer, the user, the platform, or the AI itself? The study also addresses the complexities of jurisdiction, valuation challenges, and income classification in international AI operations. By examining international approaches such as the OECD’s digital economy initiatives and the European Union’s proposals, the research aims to identify gaps in policy and suggest a framework for India and other regions. Ultimately, this paper emphasizes the urgent need to redefine taxable personhood, income classification, and liability in the age of artificial intelligence to promote fairness, responsibility, and legal certainty in global tax systems.

KEYWORDS: artificial intelligence taxation, digital humans and virtual influencers, AI-generated income, taxable personhood, jurisdiction and source of income, international tax frameworks, OECD digital economy model, and legal reform for AI-driven work.

COPYRIGHT CHALLENGES IN THE ERA OF ARTIFICIAL INTELLIGENCE AND GENERATIVE CONTENT

AUTHOR – VIRAT SRIVASTAV, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – VIRAT SRIVASTAV, COPYRIGHT CHALLENGES IN THE ERA OF ARTIFICIAL INTELLIGENCE AND GENERATIVE CONTENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 55-60, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Artificial Intelligence (AI) has revolutionized creative industries, blurring the lines between human authorship and automated generation. This paper explores the complex legal, ethical, and policy challenges surrounding copyright in the era of AI and generative technologies. It examines how existing copyright frameworks—built on human creativity—struggle to accommodate machine-generated works. The analysis incorporates international perspectives, including U.S., U.K., and Indian legal systems, and discusses landmark judicial decisions such as Naruto v. Slater, Thaler v. Comptroller-General of Patents, Designs and Trade Marks, and relevant Indian jurisprudence. A comprehensive discussion of authorship, originality, ownership, and enforcement challenges is followed by a critical evaluation of possible reform approaches. The paper concludes by suggesting a balanced framework that recognizes human-AI collaboration while upholding the foundational principles of copyright law.

Keywords: Copyright, Artificial Intelligence, Authorship, Originality, Generative Content, Intellectual Property Law, Automation, India.

LEGALITY OF ABORTION

AUTHOR – B. SMRUTHI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR

BEST CITATION – B. SMRUTHI, LEGALITY OF ABORTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 49-54, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Abortion is still one of the most contentious and controversial topics within the area of reproductive rights and healthcare. Laws regarding abortion in India have changed substantially over time, based on changing social attitudes, advances in medicine, and changing legal conceptions.

Medical Termination of Pregnancy Act, 1971, is the law that regulates abortion in India. It allows termination of pregnancy in certain circumstances like danger to the life of the mother, serious foetal abnormalities, or failure of any contraceptive used by the couple. These provisions are made to protect women’s health while keeping in view the intricacy of reproductive choices.

The MTP Amendment Act, 2021, made significant reforms by increasing access to abortion services. Among the most significant reforms is the increase in the gestational limit for abortion from 20 to 24 weeks for specific categories of women, such as survivors of sexual assault, minors, and situations involving foetal abnormalities. The amendment is a progressive step in acknowledging women’s reproductive autonomy.

The Supreme Court of India in its path-breaking verdicts has been at the forefront in the interpretation and consolidation of abortion rights. The Court has held that right to decide in regard to one’s body comes under the purview of the constitution Article 21.

Around the world abortion and laws and policies differ but the central issue remains the same balancing a woman’s right to autonomy, privacy, and health with moral, ethical, and societal considerations.

This paper seeks to analyse the historical development, existing legislative standards, and social effects of laws on abortion with special reference to India’s progress toward inclusive and safer reproductive health policies.

Keywords: Termination, foetal, gestation

EQUITY IN THE TRANSFER OF PROPERTY ACT: RECONSTRUCTING REMEDIES THROUGH INTENT

AUTHORS – YASHIKA SARAF & MIMANSA KATHPAL

STUDENTS AT O.P. JINDAL GLOBAL UNIVERSITY

BEST CITATION – YASHIKA SARAF & MIMANSA KATHPAL, EQUITY IN THE TRANSFER OF PROPERTY ACT: RECONSTRUCTING REMEDIES THROUGH INTENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 42-48, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

In the context of equitable remedies under the Indian Transfer of Property Act, 1882 (TPA), this study examines Professor Peter Birks’ fundamental distinction between civil “wrongs” and “not-wrongs,” where the possibility of compensation delineates a breach of duty. ^[1]It contends that although the Indian Transfer of Property Act, 1882 (TPA) is based on equitable principles, this binary is applied inconsistently, producing frequently unfair results.

To illustrate this conflict, the analysis focusses on particular provisions. It asserts that enhancements made in good faith (S. 51) and transfers made by an apparent owner (S. 41) are appropriately regarded as “not-wrongs,” giving transactional certainty precedence and avoiding unjust enrichment, and so simply requiring restitution. Conversely, S. 43 of the TPA unfairly elevates a “not-wrong” to the rank of a “wrong,” placing compensation obligation on a non-culpable party by confusing fraudulent and simply erroneous transfers.

The article concludes that fairness under the TPA might be improved by a stricter implementation of Birksian taxonomy.^[2] The Act could more effectively accomplish its goal of balancing fairness for all parties, including transferors, transferees, and true owners, by purposefully calibrating remedies—reserving compensation for genuine wrongs (fraud, breaches of fiduciary duty) and restricting “not-wrongs” to restorative remedies—instead of favouring one class of innocent parties over another.

Keywords: Transfer of Property Act, 1882, wrongs, not-wrongs, equity, compensation, remedy

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[1] Mahima Balaji, Response Paper: Property Law 1–3 (Jindal Global Law School, Spring 2024) 

[2] Peter Birks, Rights, Wrongs, and Remedies, 20 Oxford J. Legal Stud. 1, 1–37 (2000).

SOFTWARE PATENTS: CHALLENGES IN THE INDIAN LEGAL CONTEXT

AUTHOR – SUYASHI VINIT, STUDENT AT AMITY UNIVERSITY

BEST CITATION – SUYASHI VINIT, SOFTWARE PATENTS: CHALLENGES IN THE INDIAN LEGAL CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 37-41, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The intersection between software innovation and patent protection represents one of the most contested areas in intellectual property law. In India, while the IT sector forms a cornerstone of economic growth, the patentability of software remains a complex legal question. This paper examines the evolution, legal framework, and policy challenges surrounding software patents in India. It evaluates the interpretation of Section 3(k) of the Patents Act, 1970, through the lens of judicial decisions and Patent Office guidelines. Comparative analysis with the United States, European Union, and Japan highlights varying approaches to protecting computer programs. The paper concludes that India’s cautious stance aligns with public interest and innovation balance but calls for nuanced reform to encourage indigenous software development without stifling creativity or competition.

Keywords: Software patents, Section 3(k), Indian Patent Act, algorithm, computer program, TRIPS Agreement, innovation, intellectual property.

ROLE OF IPR IN PROTECTING FOLK ART AND CULTURE

AUTHOR – ARYAN RAJ, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – ARYAN RAJ, ROLE OF IPR IN PROTECTING FOLK ART AND CULTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 31-36, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Folk art and traditional cultural expressions—let’s just call them TCEs for simplicity—are basically the soul of a community. I mean, this stuff isn’t just pretty pottery or catchy songs; it’s the DNA of a people. We’re talking everything from wild dances and grandma’s bedtime stories to weaving, pottery, and some mind-bending ritual symbols. All of it says, “Hey, this is who we are!” It’s not just about making art. It’s about sticking together, knowing how to live with nature, and being proud of your roots. But, man, the threats are real. Globalization is steamrolling everything, tech is changing how we live, and suddenly, you’ve got companies (and sometimes clueless tourists) swiping designs and tunes, slapping them on T-shirts, and selling them without even a nod to the folks who made them. That’s a double whammy—no money, no credit, and slowly, the culture just fades away because the next generation is too busy scrolling TikTok to learn how to weave or tell those old stories. Now, here’s the kicker: regular intellectual property laws? Pretty much useless here. They’re built for inventors and big business, not villages and oral traditions. Copyright, patents, trademarks—all that jazz—only works if you’ve got something “original,” written down, and with an expiration date. Most folk art doesn’t check those boxes. It’s a group thing, passed down, tweaked over time, and half the time, it’s not even written anywhere. So yeah, if someone steals it, good luck fighting back in court. People aren’t just sitting around, though. There’s been some creative lawyering—“sui generis” systems, for example, which just means “one of a kind.” These let communities actually own their stuff together, get protection forever, and make sure outsiders have to ask before using anything. You’ve also got Geographical Indications (think Champagne from France or Kanchipuram silk from India) and collective trademarks that make sure the real deal comes from the real place, with the real people getting paid. Big shots like WIPO and UNESCO are trying to help too, sharing advice and pushing for international rules that don’t totally suck for traditional artists. They’re like the nerdy but helpful older sibling. Look around the world—India, Africa, bits of Europe, Latin America—and you’ll see some wins. When communities take charge, document their art, teach the next generation, and set up fair ways to share the profits, things start to look up. But honestly, legal protection is just one piece. What really matters is respect—letting communities call the shots, making sure they benefit, and giving them space to keep traditions alive while letting them change, too. Bottom line: If we actually care about folk art and TCEs, we’ve got to move past cookie-cutter laws. We need flexible, respectful systems that let culture breathe, grow, and still stay connected to its roots. That way, we don’t just preserve the past—we give it a future. Keywords: Geographical Indications, Trademarks, Copyright, Patents, Intellectual Property

NATURAL LAW AS A NECESSARY CONTENT OF POSITIVE LEGAL ORDER

AUTHOR – ANUSHKA SORTE, STUDENT OF DES’ SHRI. NAVALMAL FIRODIA LAW COLLEGE, PUNE

BEST CITATION – ANUSHKA SORTE, NATURAL LAW AS A NECESSARY CONTENT OF POSITIVE LEGAL ORDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 19-30, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Beauty is a manifestation of secret natural laws, which otherwise would have been hidden from us forever”. Johann Wolfgang von Goethe. This quote explores the enduring relationship between Natural Law and Positive Legal Order, contending that Natural law is an indispensable foundation within any legitimate system of positive law. Rooted in the idea that law transcends human will, Natural law has a huge historical lineage, from divine order proposed by ancient Greek philosophers to the moral universality championed by medieval thinkers like Aquinas. It is the “law above the law” a moral compass guiding human legislation towards justice. The paper contrasts Natural law with Legal Positivism, which asserts that law derives its authority solely from human enactment, regardless of morality. Through an examination of legal systems and key jurisprudential theories, this research highlights how the principles of natural law, justice, fairness and human dignity have shaped positive legal norms throughout history, from the Magna Carta to the Universal Declaration of Human Rights. Far from being a relic of the past, Natural law continues to inform modern legal thought, providing the ethical grounding necessary for any legal system to command true legitimacy. This paper concludes that without Natural law’s moral compass, positive law risks becoming mere coercion, devoid of justice. The synthesis of natural law with positive legal structure, it argues, its essential for fostering just, humane and stable legal orders.

A STUDY ON INDIVIDUALS AVAILING LIFE INSURANCE AND THEIR PURCHASE DECISIONS

AUTHOR – SARAN RAGAVENDAR, STUDENT AT SAVEETHA SCHOOL OF LAW

BEST CITATION – SARAN RAGAVENDAR, A STUDY ON INDIVIDUALS AVAILING LIFE INSURANCE AND THEIR PURCHASE DECISIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 07-18, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Factors affecting the intention and premium of purchasing life insurance are investigated in this paper. Results of factor analysis and structure equation model indicate that the extent of worrying about future, economical condition, cognition about life insurance and adventure activities preference have significant positive effects on the intention of purchasing life insurance; economical condition has significant positive effect on the premium of purchasing life insurance; health status has significant negative effect on the premium of purchasing life insurance. Among these factors, Cognition about life insurance has the biggest effect on the intention of purchasing life insurance; economical condition has the biggest effect on the premium of purchasing life insurance. Based on the theoretical results, there are some credible marketing policies for life insurance trade.

KEYWORDS : Life insurance, Purchase Decision, Benefits, Financial Position

A STUDY ON SEBI REGULATIONS AND THEIR IMPACT ON STOCK MARKET TRANSPARENCY IN INDIA

AUTHOR – GODHAWARI P, ASSISTANT PROFESSOR AT SCHOOL OF LAW, VISTAS, CHENNAI

BEST CITATION – GODHAWARI P, A STUDY ON SEBI REGULATIONS AND THEIR IMPACT ON STOCK MARKET TRANSPARENCY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 01-06, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

                The Securities and Exchange Board of India (SEBI) plays a pivotal role in maintaining transparency, fairness, and efficiency in India’s stock market. This study examines SEBI’s regulatory framework and its impact on enhancing stock market transparency, investor confidence, and corporate accountability. Established in 1988 and granted statutory powers in 1992, SEBI has introduced several landmark regulations such as the SEBI (Prohibition of Insider Trading) Regulations, 2015, the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, and the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011. These frameworks have strengthened investor protection, improved disclosure norms, and curbed unethical practices like insider trading and market manipulation. The paper also evaluates SEBI’s enforcement and surveillance mechanisms, including the Integrated Market Surveillance System (IMSS) and the Data Warehousing and Business Intelligence System (DWBIS), which have enhanced real-time monitoring and fraud detection. Despite these advancements, emerging challenges such as algorithmic trading, cryptocurrency-related risks, and global financial integration necessitate continuous regulatory evolution. The study concludes that SEBI’s proactive initiatives have significantly improved market transparency and investor trust but emphasizes the need for greater technological integration, faster dispute resolution, and stronger global cooperation. Recommendations include the adoption of AI-driven surveillance, stricter corporate governance enforcement, investor education programs, and clear guidelines for digital assets. Through these measures, SEBI can further strengthen India’s financial ecosystem and reinforce its position as a transparent and globally competitive investment destination.

KEYWORDS                 SEBI – Stock Market – Market Manipulation – Insider Trading – Regulations