STRATEGIES AND LEGAL CONSIDERATIONS FOR TRADEMARK OPPOSITION AND CANCELLATION PROCESSES

AUTHOR – K.BOWYADARSHINI, STUDENT AT SASTRA DEEMED TO BE UNIVERSITY, THANJAVUR

BEST CITATION – K.BOWYADARSHINI, STRATEGIES AND LEGAL CONSIDERATIONS FOR TRADEMARK OPPOSITION AND CANCELLATION PROCESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 778-781, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTARCT:

To preserve their market position and brand integrity in the fiercely competitive global marketplace, companies must defend their intellectual property rights, especially their trademarks. The strategic factors and legal frameworks pertaining to trademark opposition and cancellation processes are examined in this article. The study finds important tactics that companies can use to oppose opposition to their trademarks and challenge possibly infringing marks through cancellation through a thorough analysis. The study highlights how crucial it is to carry out exhaustive trademark searches and continuous monitoring in order to anticipate any problems. Additionally, it highlights how important it is to gather data to support the uniqueness and usage of a trademark, as this is crucial in cases involving opposition and cancellation. The study also examines frequent grounds for objection and cancellation, including fraud, non-use, and probability of confusion, and provides advice on successful settlement and negotiating strategies that can result in cooperative outcomes. The study emphasizes the value of a proactive approach to trademark management by looking at the procedural features of filing and responding to opposition and cancellation applications in various countries. The research gives helpful advice for companies looking to defend their trademarks or oppose infringing ones by giving a thorough foundation for navigating these legal procedures. In the end, the article broadens our understanding of intellectual property law by providing useful tactics for guaranteeing the preservation and upholding of trademark rights throughout time.

Keywords: Market, Marketplace, trademark management, infringement, legal navigation, cancellation.

CO-OWNERSHIP AND DIGITAL WILLS: THE IMPACT OF ELECTRONIC TESTAMENTARY DISPOSITIONS ON ANCESTRAL PROPERTY AND PARTITION CLAIMS

AUTHOR – ADITYA MISHRA, MD SAQIB ANSARI & JATIN MEENA

STUDENTS AT NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

BEST CITATION – ADITYA MISHRA, MD SAQIB ANSARI & JATIN MEENA, CO-OWNERSHIP AND DIGITAL WILLS: THE IMPACT OF ELECTRONIC TESTAMENTARY DISPOSITIONS ON ANCESTRAL PROPERTY AND PARTITION CLAIMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 764-777, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Electronic wills represent a transformative yet legally uncertain development in Indian succession law, particularly when intersecting with ancestral property rights governed by complex personal law frameworks. Current Indian legislation creates statutory ambiguity, with the Information Technology Act, 2000 explicitly excluding testamentary documents from electronic record recognition while the Indian Succession Act, 1925 mandates physical signatures and witness attestation incompatible with digital execution. This legal vacuum produces acute complications in ancestral property succession, where coparcenary interests under Hindu law devolve through survivorship rather than testamentary disposition, and Muslim personal law restricts testamentary capacity to one-third of estates with mandatory heir shares. Electronic wills attempting to dispose of ancestral property interests face multifaceted challenges including authentication difficulties where digital signatures cannot satisfy traditional attestation requirements, evidentiary complexities under Section 65B certificate mandates for electronic evidence, and procedural uncertainties regarding probate procedures and notice to coparceners in partition litigation. International jurisdictions including Nevada, Singapore, Queensland, and the United Kingdom demonstrate varied reform approaches balancing technological innovation with fraud prevention, offering instructive models for Indian legal reform. Comprehensive legislative amendments establishing certified electronic will platforms with robust authentication infrastructure, creating a National Electronic Will Registry for centralized storage and probate integration, and harmonizing electronic succession provisions across personal law systems would enable secure digital testamentary disposition while preserving foundational ancestral property principles essential to Indian succession frameworks.

Keywords: Electronic wills, ancestral property, coparcenary rights, partition suits, digital signatures, testamentary succession, Indian succession law

THE DUAL ARCHITECTURE OF CYBER SOVEREIGNTY: ANALYZING INTERNATIONAL LEGAL TREATIES AND INDIA’S CYBERSECURITY FRAMEWORK

AUTHOR – ANKUSH SRIVASTAVA & DIVYANSHU KRISHNA

STUDENTS AT BABU BANARASI DAS UNIVERSITY

BEST CITATION – ANKUSH SRIVASTAVA & DIVYANSHU KRISHNA, THE DUAL ARCHITECTURE OF CYBER SOVEREIGNTY: ANALYZING INTERNATIONAL LEGAL TREATIES AND INDIA’S CYBERSECURITY FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 755-763, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The rapid expansion of digital networks has challenged the traditional notions of state sovereignty and international law. This paper explores the evolving dual structure of cyber sovereignty—balancing global cooperation in combating cybercrime and a nation’s right to assert control over its digital space. By comparing the Budapest Convention (2001) and the United Nations Cybercrime Convention (2024), it evaluates how differing treaty models address cross-border enforcement, data access, and human rights safeguards. The study further examines India’s domestic legal framework through the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, highlighting their intersection with international obligations. The research underscores key judicial pronouncements such as Shreya Singhal v. Union of India (2015) and Justice K.S. Puttaswamy v. Union of India (2017), which redefined digital rights within India’s constitutional matrix. Ultimately, this analysis reveals that India’s cyber governance emphasizes sovereignty and privacy protection but faces challenges in harmonizing global cooperation with national autonomy in cyberspace.

KEYWORDS – Sovereignty, Cybersecurity, International Law, Budapest Convention, UN Cybercrime Convention, India Information Technology Act, 2000 (IT Act), Digital Personal Data Protection Act, 2023 (DPDP Act), Privacy, Free Speech, Digital Rights, Digital Evidence, CERT-In, Data Protection Board of India (DPBI)

THE EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS: GLOBAL AND INDIAN PERSPECTIVES

AUTHOR – MAYANK KUMAR, STUDENT AT AMITY UNIVERSITY, PATNA

BEST CITATION – MAYANK KUMAR, THE EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS: GLOBAL AND INDIAN PERSPECTIVES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 747-754, APIS – 3920 – 0001 & ISSN – 2583-2344

The evolution of intellectual property rights represents one of the most significant transformations in global economic and legal frameworks, reflecting the changing nature of innovation, creativity, and international trade. This comprehensive analysis examines the historical development of IPR from ancient times to the digital age, with particular focus on the interplay between global developments and India’s unique trajectory.

IS COPYRIGHT PROTECTION AVAILABLE FOR RETELLINGS, COMMENTARIES, OR DRAMATIZATIONS OF ANCIENT TEXTS LIKE THE RAMAYANA AND MAHABHARATA, AND HOW DISTINCT MUST THESE ADAPTATIONS BE TO QUALIFY AS ORIGINAL WORKS?

AUTHOR – HARIROOPAN MATHAN, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – HARIROOPAN MATHAN, IS COPYRIGHT PROTECTION AVAILABLE FOR RETELLINGS, COMMENTARIES, OR DRAMATIZATIONS OF ANCIENT TEXTS LIKE THE RAMAYANA AND MAHABHARATA, AND HOW DISTINCT MUST THESE ADAPTATIONS BE TO QUALIFY AS ORIGINAL WORKS?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 740-747, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This paper explores the copyright protection framework for adaptations of ancient Indian texts such as the Ramayana and Mahabharata. It examines key legal provisions, doctrines, and judicial interpretations under the Copyright Act, 1957, including originality, derivative works, and the public domain. Through landmark cases like R.G. Anand and Bhaktivedanta, it explains how creative adaptations receive protection when they demonstrate independent originality, commentary, or transformation, balancing cultural heritage accessibility with modern creators’ rights.

KEYWORDS: Copyright Act 1957, adaptation, originality, public domain, derivative works, Ramayana, Mahabharata, Bhaktivedanta judgment, transformative work, substantial similarity, creativity, independent creation.

EMERGENCY ARBITRATION IN INDIA: NAVIGATING THE CONVERGENCE OF SPEED AND JUSTICE IN COMMERCIAL DISPUTE RESOLUTION

AUTHOR – INDIRA CHAKRABORTY, SHYAMBAZAR LAW COLLEGE AFFILIATED WITH UNIVERSITY OF CALCUTTA

BEST CITATION – INDIRA CHAKRABORTY, EMERGENCY ARBITRATION IN INDIA: NAVIGATING THE CONVERGENCE OF SPEED AND JUSTICE IN COMMERCIAL DISPUTE RESOLUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 734-739, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Emergency arbitration represents a paradigmatic shift in India’s dispute resolution landscape, offering expedited interim relief before the constitution of full arbitral tribunals. This article examines the evolving jurisprudential framework surrounding emergency arbitration in India, analyzing the landmark Supreme Court decision in Amazon.com NV Investment Holdings LLC v. Future Retail Ltd., the proposed 2024 amendments to the Arbitration and Conciliation Act, and the implications for India’s aspirations as a global arbitration hub. Through doctrinal analysis and comparative jurisprudence, this paper demonstrates that while emergency arbitration has gained judicial recognition, statutory codification remains essential for establishing India’s competitive advantage in international commercial arbitration.

Keywords: Emergency arbitration, interim relief, institutional arbitration, commercial disputes, Supreme Court jurisprudence.

A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY

AUTHOR – MOHD. AKASH, RESEARCH SCHOLAR, FACULTY OF LEGAL STUDIES, MAHATMA JYOTIBA PHULE ROHILKHAND UNIVERSITY, BAREILLY (UP), INDIA

BEST CITATION – MOHD. AKASH, A KEY ISSUE OF JUDICIAL INDEPENDENCE IN THE APPOINTMENT OF JUDGES IN HIGHER JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 728-733, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The judicial recruitment process in India, particularly for the higher judiciary, has been widely debated and scrutinised. This article goes into the complexity of the judicial appointment system, including the roles of numerous authorities and the growth of the process as evidenced by key judicial pronouncements. This study’s main focus is on the contradiction between executive power and judicial independence, the influence of the collegium system, and reform ideas. The article seeks to provide a comprehensive view of the essential topic of judicial nominations in India by examining the legal framework, court decisions, and ongoing issues.

For a healthy judicial system, the judiciary’s independence is critical in protecting the sovereignty of the constitution as well as the judiciary, which is the foundation of any democratic society, by ensuring that the judiciary remains impartial, free of external influences, and capable of upholding the rule of law. In the context of India, the Collegium System has had a considerable impact on the appointment and transfer of judges to the higher judiciary, particularly the Supreme Court and High Court. This research study examines the relationship between judicial independence and the Collegium System in India. The study begins by looking into the historical growth of the Collegium System, dating it back to court interpretations of the Constitution. It explores the constitutional provisions and landmark judgments that have shaped the framework for appointing and transferring judges, highlighting the delicate balance between the need for judicial independence and the role of the executive in the appointment process.

Keywords: judicial appointment, higher judiciary, judicial pronouncements, Collegium System.

EVOLUTION OF INSOLVENCY LAW IN INDIA: FROM SICA AND SARFAESI TO IBC 2016

AUTHOR – ANANYA SHARMA, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

BEST CITATION – ANANYA SHARMA, EVOLUTION OF INSOLVENCY LAW IN INDIA: FROM SICA AND SARFAESI TO IBC 2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 721-727, APIS – 3920 – 0001 & ISSN – 2583-2344

INTRODUCTION

In legal terms, insolvency refers to a situation when an individual or an organisation is unable to meet their financial obligations to a person. Such a situation happens when one’s liabilities or debts exceed one’s assets. It can occur due to a lack of cash flow, poor financial management, unexpected expenses, etc. When one becomes insolvent, it can lead to serious repercussions, such as bankruptcy, liquidation, or restructuring of one’s assets. According to Black’s Law Dictionary, insolvency is “The condition of a person who is insolvent; inability to pay one’s debts; lack of means to pay one’s debts. Such a relative condition of a man’s assets and liabilities that the former, if all made immediately available, would not be sufficient to discharge the latter. Or the condition of a person who is unable to pay his debts as they fall due, or in the usual course of trade and business.”^[1]

In India, insolvency is governed by the “Insolvency and Bankruptcy Code, 2016”^[2] in the present times. The Code creates a consolidated framework for governing both insolvency and bankruptcy proceedings in India, for both individuals and organisations.

Before the IBC there was the “Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002”^[3] which was preceded by the “Sick Industrial Companies (Special Provisions) Act, 1985”^[4]. The IBC created a time-bound and a comprehensive framework for governing insolvency matters in India, unlike SICA and SARFARESI which were narrower in scope. SICA did not provide for a mechanism which would help in timely disposal of cases, and SARFARESI focused more on benefiting the lenders than the borrowers. THE IBC brought a strict set of timelines, and did not only focus on repaying the creditors, but also reviving sick companies who had the potential to regrow.

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[1] Insolvency, The Law Dictionary, https://thelawdictionary.org/insolvency/ (last visited Sept. 4, 2025).

[2] Insolvency and Bankruptcy Code, No. 31 of 2016 (India).

[3] Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, No. 54 of 2002 (India).

[4] Sick Industrial Companies (Special Provisions) Act, No. 1 of 1986 (India).

“ENVIRONMENTAL JUSTICE AND THE RIGHTS OF FUTURE GENERATIONS IN INDIA: CHALLENGES AND CASE STUDIES”

AUTHOR – ADV K GOPIKA, LL.M STUDENTS AT THE DEPARTMENT OF LAW, CENTRAL UNIVERSITY OF KERALA

BEST CITATION – ADV K GOPIKA, “ENVIRONMENTAL JUSTICE AND THE RIGHTS OF FUTURE GENERATIONS IN INDIA: CHALLENGES AND CASE STUDIES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 714-720, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Environmental justice and the rights of future generations have become critical considerations in India’s pursuit of sustainable development. The principle of intergenerational equity emphasizes that current economic and developmental activities should not compromise the ability of future generations to meet their needs. India has made significant strides in recognizing these rights through landmark cases, policy initiatives, and grassroots movements. For instance, the Goenchi Mati Movement in Goa advocates for preserving mineral wealth for future generations, while legal interventions like Ridhima Pandey v. Union of India highlight the judicial acknowledgment of children’s environmental rights. However, ongoing issues such as stubble burning in Punjab demonstrate the persistent challenges to environmental justice. Despite existing legal frameworks and penalties, widespread stubble burning contributes to severe air pollution, adversely affecting both present populations and the well-being of future generations. This paper examines the role of environmental justice in India, the rights of future generations, and the practical challenges in implementing these principles, emphasizing the need for stronger enforcement, public awareness, and inclusive policymaking to ensure a sustainable and equitable environment.

KEY WORDS: Environmental Justice, Intergenerational Equity, Rights of Future Generations, Sustainable Development, Climate Change, Stubble Burning, Policy Implementation, Legal Frameworks, public awareness.

CLIMATE CHANGE AND THE TRIPLE THREAT; WATER SCARCITY, AGRICULTURAL DECLINE, AND FOOD INSECURITY IN INDIA

AUTHOR – POOJA.S.P, LLM STUDENT AT CENTRAL UNIVERSITY OF KERALA

BEST CITATION – POOJA.S.P, CLIMATE CHANGE AND THE TRIPLE THREAT; WATER SCARCITY, AGRICULTURAL DECLINE, AND FOOD INSECURITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 706-713, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Climate change is an all-around threat to India, affecting water resources, agriculture productivity, and food security, commonly described as a “triple threat.” Increased temperature globally, irregular rainfall, melting of glaciers, and more frequent occurrences of extreme climate events like floods and droughts have undermined ecosystem processes and human lives. Whereas previous research has studied these problems in silo, a gap in research exists to comprehend the interlinked legal, socio-economic, and environmental implications of climate change on the water-agriculture-food nexus in India.