TECHNOLOGY, LAW AND ETHICS

AUTHOR – MS. TANISHKA BHATT, INDEPENDENT AUTHOR, GURUGRAM, HARYANA. EMAIL – BHATT.TANISHKA744@GMAIL.COM

BEST CITATION – MS. TANISHKA BHATT, TECHNOLOGY, LAW AND ETHICS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 986-994, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

 The article mentions how technology can help people in many areas, such as in entrepreneurship, law, medical, agriculture, and education. In the field of law specifically, technology can be used for various purposes such as for legal matter findings, lawful advice, lawful conscripting, lawful mechanisation, covenant analysis, information operation, legal enterprise development, fair thorough review, M&A due diligence, medium supervision, tracing beyond lawyer expend, automated proof operation and lawful propaganda which helps lawyers and firms to produce the desired output with efficiency, less human labour and with less scope of errors. Certain instances of electronic havoc, meanwhile covid 19 have also been mentioned in the article, when the entire world was connecting online, such as not involving women, in curative findings on female’s wellness which lead to lack of useful facts and information on female’s wellness, an AI tool which detects the probability of a person to commit offence on the basis of colourism etc. Recently during the Indo – Singapore judicial conference had occurred which discussed the relevance of using technology in the legal study and judicial system with morality, the conference also highlighted how Singapore International Commercial Court is utilising the technology for resolving cross border business disputes, In India the introduction of E- Courts, Live quotation benevolences and Supreme Court Vidhik Anuvaad Software has completely changed the facet of the Indian judicial system. The ethics and laws go hand in hand, for safeguarding human rights and to maintain a respectable environment, the law establishes standard of behaviour that all individuals adheres to, there are situations when an individual has to do an act which is ethically incorrect but is correct lawfully to which some philosophers have criticised as a person should not do an act which is not setting up a good example in the society at large. The National Strategy for Artificial Intelligence had put emphasis on using AI for resolving communal issues and to benefit citizens at large which is evident through instances such as use of cctv cameras at prayagraj kumbh mela for detecting that the mass does not go beyond its limit,Wadhwani AI, an AI potential device will help the doctors to detect less birthing heaviness of infants, business venture named NIRAMAI has evolved a premature level of breast cancer diagnosis apparatus, which is a AI based tool, the IIT Madras experimenters are seeming to utilise AI to forecast possibility of new mothers leaving the medicare initiatives, to better aimed interference and to expand practical medicare results for new mother and babies. Laws pertaining to technology such as the Information Technology Act of 2000, Indian Contract Act of 1872, Aadhaar Act of 2016, Geospatial Regulation Bill of 2016, Personal Data Protection Bill of 2019, and Information Technology Rules of 2021, are among the current laws and bills in our nation that are covered in the article. These legislation and laws prohibit technology-related crimes, including cyberterrorism and cybercrimes, and they impose fines for infractions; few instances of ethical use of technology are also mentioned. In order to prevent problems like privacy invasions, data security breaches, and cybercrimes, professional organisations and regulatory authorities are required to set and adhere to rules and regulations. To guarantee innovation and update legislation in line with technological changes, legal professionals should collaborate with technology specialists. This article basically aims to clarify the relationships and requirements between technology, law, and ethics in the contemporary world.

Keywords: Technology, Law, Ethics, Artificial Intelligence, Offences, Advancements, Behaviour

COMPREHENSIVE ANALYSIS OF PATENTEE RIGHTS, OBLIGATIONS, AND PATENT MECHANISMS IN INTELLECTUAL PROPERTY LAW

AUTHOR – KOUSTAV BHATTACHARJEE, AMITY LAW SCHOOL, NOIDA

BEST CITATION – KOUSTAV BHATTACHARJEE, COMPREHENSIVE ANALYSIS OF PATENTEE RIGHTS, OBLIGATIONS, AND PATENT MECHANISMS IN INTELLECTUAL PROPERTY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 977-985, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Patents are a cornerstone of intellectual property (IP) law, designed to stimulate innovation by granting inventors exclusive rights over their creations for a limited period. The balance between encouraging innovation and protecting public interest is integral to the patent system. This paper provides a comprehensive exploration of patentee rights, obligations, and patent mechanisms, with an emphasis on legal provisions, international treaties, and judicial interpretations. It discusses the exclusive rights conferred by patents, including the right to exclude others from making, using, or selling the invention. Alongside these rights, patentees are subject to several obligations, such as the disclosure of the invention, payment of maintenance fees, and the requirement to commercially exploit their patents. These obligations ensure that the benefits of patented inventions are shared with society at large.

The paper also examines key legal mechanisms for enforcing patents, including infringement litigation, injunctions, and compulsory licensing. With the rise of complex technologies such as biotechnology and artificial intelligence (AI), new challenges have emerged in determining patentability and enforcing patent rights. The role of international treaties like the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the Paris Convention, and the Patent Cooperation Treaty (PCT) in harmonizing patent laws across jurisdictions is analyzed in detail. The paper incorporates a critical analysis of landmark cases such as Novartis AG v. Union of India (2013), which addressed the issue of “evergreening” patents, and Natco Pharma Ltd. v. Bayer Corporation (2014), a pivotal case involving compulsory licensing in the pharmaceutical industry. In addition to examining substantive legal doctrines, this paper addresses the emerging concerns regarding patent thickets, the evergreening of patents, and the role of patent systems in balancing proprietary rights with public access to essential innovations, particularly in healthcare and technology sectors. Through this comprehensive analysis, the paper aims to provide insights into how patent systems can continue to incentivize innovation while ensuring equitable access to technological advances.

A REPORT ON THE SIGNIFICANCE OF THE RIGHT TO INFORMATION ACT, 2005

AUTHOR – DISHA SINGHAL, STUDENT AT SYMBIOSIS INTERNATIONAL UNIVERSITY, PUNE

BEST CITATION – DISHA SINGHAL, A REPORT ON THE SIGNIFICANCE OF THE RIGHT TO INFORMATION ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 969-976, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Right to Information Act, 2005, is a landmark legislation in the democratic landscape of India, marking a great leap in the perspective of transparency and accountability within public administration. This article reflects on the history and development of the Right to Information. It points out the impact of such an act in bridging the gap between the government and citizens, as such participation by citizens was instrumental in questioning, auditing, and reviewing governmental decisions. In doing so, the Act empowers citizens not only to fight corruption and inefficiencies but also to clean opaque governance practices. The paper would further probe landmark judicial pronouncements that have structured the RTI landscape and take a look at the challenges and setbacks that the RTI movement has faced in the form of harassment and violence against activists. However, the Act still faces such challenges as poor record-keeping, inadequate staffing, and lack of awareness. Quoting the conclusion from the article, “Institutional supports, governance frameworks, and stronger protections for RTI activists would provide a thylacine momentum to renew the initiative and ensure it remains relevant in strengthening democracy in India.”

Keywords: Right to Information, Good Governance, Transparency, Administration, Accountability, Government

STRENGTHENING LEGAL FRAMEWORKS AGAINST CHILD SEXUAL EXPLOITATION: A CASE ANALYSIS OF JUST RIGHTS FOR CHILDREN ALLIANCE V. S. HARISH, 2024 INSC 716 (23 SEPTEMBER 2024)

AUTHOR – DR. SALEEM AHMED M A, ASSOCIATE PROFESSOR AT CRESCENT SCHOOL OF LAW, BS ABDUR RAHMAN CRESCENT INSTITUTE OF SCIENCE & TECHNOLOGY, CHENNAI, TAMIL NADU, INDIA.

BEST CITATION – DR. SALEEM AHMED M A, STRENGTHENING LEGAL FRAMEWORKS AGAINST CHILD SEXUAL EXPLOITATION: A CASE ANALYSIS OF JUST RIGHTS FOR CHILDREN ALLIANCE V. S. HARISH, 2024 INSC 716 (23 SEPTEMBER 2024), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 965-976, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The case of Just Rights for Children Alliance v. S. Harish concerns a critical issue regarding child sexual exploitation and abuse material (CESAM) and the application of legal provisions under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Information Technology Act, 2000 (IT Act). The main question raised before the Supreme Court was whether viewing CESAM is punishable under Section 15 of the POCSO Act and Section 67B of the IT Act, and whether the statutory presumption of a culpable mental state under Section 30 of the POCSO Act can be invoked in a quashing petition. The case explores significant legal principles regarding the possession and consumption of CESAM, statutory presumptions of malicious intent, and the evolving legal framework aimed at protecting children from sexual exploitation.

DECODING SEBI’s GUIDELINES CORPORATE GOVERNANCE IN CHARTING NEW STANDARDS FOR INDIAN COMPANIES

AUTHORS – MAYUR SHRESTHA & RIYA YADAV, STUDENTS AT SCHOOL OF LAW, PRESIDENCY UNIVERSITY, BANGALORE

BEST CITATION – MAYUR SHRESTHA & RIYA YADAV, DECODING SEBI’s GUIDELINES CORPORATE GOVERNANCE IN CHARTING NEW STANDARDS FOR INDIAN COMPANIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 955-960, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The article focuses on corporate governance in the context of large privately held companies in India against a fast-evolving regulatory framework. It also analyses the role played by Securities and Exchange Board of India (SEBI), the most important regulator of securities market and the Indian corporate world in improving the corporate governance standards of India. In the past, company law, accounting standards, and internal auditing within the corporation were used to describe corporate governance in a broad sense. However, as corporate India evolved in the 1990s, Indian corporations had to start implementing corporate governance principles and practices. Since the late 1990s the concept of Corporate Governance as “the policy, process, structure and information used for direction and controlling the management of an entity” began to take shape with the establishment of Securities and Exchange Board of India (SEBI) in 1992. SEBI has made numerous efforts to enhance India’s corporate governance system. To raise the bar for corporate governance, however, a lot of work must be done at the individual business level.

Keywords: Regulators, SEBI, Corporate Governance, Indian Corporate, Compliances.

CONSTITUTIONAL PROTECTION OF INDIGENOUS RIGHTS IN INDIA AND CANADA

AUTHOR – VINAY KUMAR SINGH CHAUHAN, RESEARCH SCHOLAR AT CENTRAL UNIVERSITY OF SOUTH BIHAR & ADVOCATE AT HIGH COURT OF DELHI.

BEST CITATION – VINAY KUMAR SINGH CHAUHAN, CONSTITUTIONAL PROTECTION OF INDIGENOUS RIGHTS IN INDIA AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 948-954, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study provides a comparative analysis of the constitutional  protections of indigenous rights in India and Canada. The indigenous communities in both countries have faced marginalization  and discrimination in history. That led to the erosion of their traditional cultures, languages, way of life, and their connectedness to nature. This study focuses on the historical context in which the indigenous rights have evolved. In India, the constitutional provisions aimed to protect the Schedule Tribes are enshrined in Article 46 of the constitution which provide direction to the state and emphasize to promote the educational and economic interest of the ScheduleTribes. Schedule V, VI, and Article 244(1) of the Constitution provides for the special provisions for these communities and administration of scheduled and tribal areas. Canadian Constitution in Section 35 recognizes and affirms the existence of aboriginal people and treaty for the rights of indigenous peoples. Protecting the rights of the indigenous people is a complex and multifaceted issue in both the countries

UNDERSTANDING THE VARNA SYSTEM: INSIGHTS INTO ANCIENT INDIA’S SOCIAL STRUCTURE

AUTHOR – ANIKA TRIPATHI, STUDENT AT NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

BEST CITATION – ANIKA TRIPATHI, UNDERSTANDING THE VARNA SYSTEM: INSIGHTS INTO ANCIENT INDIA’S SOCIAL STRUCTURE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 943-947, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

During ancient times varna is one of the most important criteria for differentiation or the categorization among the people. In earlier times people were generally identified with the help of their varna only. Varna’s system divides society into various groups, sometimes related to each other. The Varna system is often confused with the caste system but varna is the larger concept and caste is part of the varna system. There have been various debates before and till now on whether the varna system was true or not and whether it is still present or not. This age-old practice, rooted in primeval times, continues to endure in society today. Legend has it that the Aryans arrived in India and organized society based on occupations, laying the foundation for the Varna system. In this, each varna has assigned work and duties. People believe that humans do not make varna but it has a divine origin. Traces of the Varna system can be found in various forms throughout history. This article delves into the concept of Varna, exploring its essence and the divisions within this ancient social framework.

PERMANENT DIGITAL DOWNLOADS: WITHIN THE OWNERSHIP-POSSESSION DISCOURSE

AUTHOR – KEERTHNA NAIR, STUDENT AT NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

BEST CITATION – KEERTHNA NAIR, PERMANENT DIGITAL DOWNLOADS: WITHIN THE OWNERSHIP-POSSESSION DISCOURSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 938-942, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

The distinction between possession and ownership has long been settled in the context of physical goods, but when it comes to Digital Virtual Goods (DVGs), the discourse shifts towards the concept of temporary access rights. This shift primarily stems from the nature of DVGs, which are often governed by time-bound license agreements, restricting the rights of users to mere access. However, this framework fails to adequately address scenarios involving permanent licenses or permanent downloads of copies of digital goods without explicit licensing terms. In such cases, the notion of temporary access does not fully capture the broader spectrum of rights, such as selling, distribution, and communication to the public. These rights extend beyond mere access, suggesting the need for an ownership- possession based framework to understand ownership of copies of DVGs.

JUDICIAL REVIEW AND ADMINISTRATIVE ACTION: AN ANALYSIS

AUTHOR – BHAVINI KODAVANTI, STUDENT AT NMIMS, KHARGHAR

BEST CITATION – BHAVINI KODAVANTI, JUDICIAL REVIEW AND ADMINISTRATIVE ACTION: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 933-937, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Administrative law was recognised as a separate branch in the 20^th century in India. In the 19^th century, the duties of the state were limited, in which they had to only maintain public order and the conduct of the authorities. But in the recent times, it is quite different. To maintain the public order, the authorities have to also dwell into the lives of the citizens and observe the difference in their conduct clearly. The actions carried out under the administrative law by the administrative authorities is known as administrative action. The administrative action carried out by a certain administrative authority appointed by the state.

DOWRY DEATHS: A CRITICAL STUDY OF EMERGING JUDICIAL TRENDS IN INDIA”

AUTHORS – MOHD ARKAM, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY LUCKNOW

BEST CITATION – MOHD ARKAM, DOWRY DEATHS: A CRITICAL STUDY OF EMERGING JUDICIAL TRENDS IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 931-932, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Dowry system in India has been running for a long time. It is the money that is given during marriage to the boy or their family, even property can also be included in dowry. The system of dowry started from ancient times like during marriage the money will be given to the groom so that he can take proper care of his bride, it was used to honour both sides of the family. As the time changes dowry still remains in the society but its significance keeps changing with time. Nowadays, the dowry system is becoming like business for some castes. Dowry system is becoming a burden for the bride’s family. Many times if demand is not fulfilled for the boy’s side then the marriage is abruptly cancelled as a result of this failure. If we see it in our Asian country, then dowry is becoming more important for the groom’s side, mainly in countries like India. To end this heinous social practice, the government has made a law to refrain people from taking dowry under the Act of 1961. Whatever money or property given by the bride side they should accept but it never followed. Many places we come to know that because of not doing so on the groom’s side the girls are harmed in such a way that sometimes even it leads to death. Some people even think dowry is like crime, it’s illegal and they never ask anything from the bride’s family. In India, everyone speaks and progresses for women’s rights and says ‘Beti Bachao Beti Padhao’ but a girl even after achieving everything in her life; where she starts taking care of her family but even then she can’t escape the shackles of dowry. Some time because of dowry which is mostly prevalent among the below poverty line people they kill their daughters after they are born or before their birth in the mother’s womb itself so that they can escape dowry. Since they know after growing up and educating her, they still need to give dowry in order to get her married.

KEYWORDS – Groom, Jahez, Great Evil, Cruelty, Domestic Violence and Crime.