TRIBAL LANDS AT STAKE: BALANCING CONSERVATION AND INDIGENOUS RIGHTS

AUTHOR – ANURAG CHAUDHARY, ADVOCATE AT DELHI HIGH COURT

BEST CITATION – ANURAG CHAUDHARY, TRIBAL LANDS AT STAKE: BALANCING CONSERVATION AND INDIGENOUS RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 839-842, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

“It is the power of our democracy that a daughter born in a poor house, a daughter born in a remote tribal area, can reach the highest constitutional post of India,”

– Droupadi Murmu (President of India) The above stamen given by our president which tell the achievement of not only a women but a tribal women who hold the highest position in country but is it there with all tribes if not what we can do to save the right of people is being analyzed in this paper

IMPLICATIONS OF FORM- 27 AMENDMENTS INTRODUCED IN 2024 PATENT RULES

AUTHOR – PUNEET KAUR, STUDENT AT BHARATI VIDYAPEETH INSTITUTE OF MANAGEMENT AND RESEARCH, DEPARTMENT OF LAW, NEW DELHI, BHARATI VIDYAPEETH (DEEMED TO BE UNIVERSITY)

BEST CITATION – PUNEET KAUR, IMPLICATIONS OF FORM- 27 AMENDMENTS INTRODUCED IN 2024 PATENT RULES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 831-837, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An invention that offers novel technical solutions, such as new products or processes, is granted exclusive rights by a patent. The Indian Patents Act of 1970 ^[1] requires patent holders and licensees to fully commercialize their patents in India, assuring public benefit through commercial exploitation. As required by Section 146(2)^[2], compliance necessitates the submission of Form 27 statements outlining the scope of patent exploitation. Changes that went into effect in 2024 changed the submission schedule from annual to triennial, which decreased the frequency of compliance for patents awarded after April 2023. This change tries to make reporting easier and define concepts like “adequate extent,” which were controversial before. Examining Form 27’s function after the modification, the paper concentrates on how it affects applications for compulsory licenses of newly issued patents.

KEYWORDS: Working Statement, Form- 27, Compulsory License, Patent Amendment Rules 2024

---

[1] THE PATENTS ACT, 1970 ACT NO. 39 OF 1970

[2] THE PATENTS ACT, 1970 S 146(2), ACT NO. 39 OF 1970

ECONOMIC CRIME – ONLINE BANKING FRAUD & ITS TYPES

AUTHORS – K. SHIVASANKARI* & MS. T. VAISHALI**, LLM SCHOLAR* & FACULTY OF LAW** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – K. SHIVASANKARI & MS. T. VAISHALI, ECONOMIC CRIME – ONLINE BANKING FRAUD & ITS TYPES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 827-831, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Banking Industry has undergone digital disruptions at a massive level. Online booking, mobile apps, and E-bill payments have become the norm. People are mostly occupied by the internet, computer, and mobile phones nowadays. Banking transactions are digitized from back end to front end, and digital transactions are made without any human intervention. This study has been undertaken to analyze online banking frauds such as phishing, smishing, card fraud, etc., and also the causes behind it. And giving the preventive measures to the people to safeguard from Online bank fraud in India. Online banking, while offering unparalleled convenience, has also become a prime target for cybercriminals. This paper delves into the multifaceted landscape of online banking frauds, examining their various types and the sophisticated techniques employed by perpetrators. We discuss the most prevalent methods, including phishing, vishing, smishing, malware attacks, and social engineering. Additionally, the paper explores the financial and psychological implications of these frauds on victims, highlighting the need for robust security measures. By understanding the intricacies of online banking frauds, individuals and financial institutions can adopt proactive strategies to mitigate risks and safeguard sensitive information. Online banking fraud is a rapidly growing problem in the digital age. It occurs when criminals gain unauthorized access to an individual’s online bank account and transfer funds without their knowledge or consent.

KEY WORDS: Banking fraud, digital transaction, scams

“ANALYSIS OF THE ROLE OF PUBLIC INTEREST LITIGATION (PIL) IN ENSURING JUSTICE IN INDIA”

AUTHOR – MR. SHARMA RAJIV, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), PUNE LAVASA CAMPUS – ‘THE HUB OF ANALYTICS’

BEST CITATION – MR. SHARMA RAJIV, “ANALYSIS OF THE ROLE OF PUBLIC INTEREST LITIGATION (PIL) IN ENSURING JUSTICE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 814-826, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Public Interest Litigation (PIL) has turned into a revolutionary judicial development in India Which provided legal remedies to the deprived sections of the society, has protected the constitutionally enshrined fundamental rights, has helped in establishing accountability of governments. Developed originally in the last quarter of the twentieth century with the help of two Supreme Court Judges P.N. Bhagwati and V.R. Krishna Iyer, PIL recast the conventional concepts of ‘locus standi’ and made easier for vast cross section of society to seek justice. The constitutional provisions provided under Article 32, 226 and the under Art. 21 of the Consti. has enabled the courts to deliver path breaking judgements for socio-economic justice for citizens, environmental issues and structural discrimination.

Landmark cases that are examples of the PIL are Hussainara Khatoon^[1] on Speedy Trial, Vishakha on Sexual Assault at the workplace of the Govt. and Non-government institutions, M.C. Mehta vs. UOI on protection of environment. PIL has its draw-backs, which involves abuse, filing of deliberate applications and judicial overtones which could compromise the judiciary’s authority or an invasion of legislative or executive arm of government. PIL filings compound the problem of congestion in the judicial system and more focus on the requirement for procedural measures and organizational changes.

This paper assesses the legal Framework and socio-political implications of PIL and the areas of improvement, such as screening processes, compliance with legal guidelines, and overall infrastructure, for its improvement. There Should be Proper middle ground between judicial activism and judicial ultra vires to retain PIL as a mechanism of justice with regard to its enforcement of the Constitution, Equality, Responsibility, and Governance.

Key Words: Public Interest Litigation, Judicial efficiency, Judicial overreach, Separation of powers, Misuse.

---

[1] Hussainara Khatoon v. State of Bihar, 1979 AIR 1369.

ALGORITHMS ON TRIAL: CORPORATE LIABILITY IN THE AGE OF AI

AUTHOR – GAANA SHREE M, STUDENT AT CHRIST ACADEMY INSTITUTE OF LAW

BEST CITATION – GAANA SHREE M, ALGORITHMS ON TRIAL: CORPORATE LIABILITY IN THE AGE OF AI, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 808-813, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

“The question is not whether machines think, but whether humans do.”

Can artificial intelligence in governance be a friend or foe? The line between innovation and liability is thinning as corporations embrace AI-driven decision-making. In an era of AI, this article unravels the complexities of corporate liability while also illuminating how to use AI’s power without breaking any laws. It looks at how AI has permeated corporate governance, shifting paradigms from being accountable to being auditable, and the urgency of creating legal pathways to handle important ethical issues like bias, transparency, and privacy. This research proposes actionable solutions to mitigate risk for AI, in a manner consistent with full compliance with integrity, through the examination of real-world case studies and regulatory insights. In the end, the study lays out a roadmap to harmonize accountability with the required innovation for AI to be used sustainably.

Keywords: Ethical Governance, A.I. Liability, Innovation vs Accountability, Corporate Risk, Legal Solutions.

A CRITICAL STUDY ON ‘COHABITATION AND PROPERTY RIGHTS’ WITH SPECIAL REFERENCE TO PARTITION BETWEEN UNMARRIED COUPLE

AUTHORS – S. KIRUTHIGA DEVI* & MS. PREETHI. R**, LLM SCHOLAR* & FACULTY OF LAW** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S. KIRUTHIGA DEVI & MS. PREETHI. R, A CRITICAL STUDY ON ‘COHABITATION AND PROPERTY RIGHTS’ WITH SPECIAL REFERENCE TO PARTITION BETWEEN UNMARRIED COUPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 803-807, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The concept of live-in-relationship has developed from the western countries. Initially, Indians has never accepted the concept of cohabitation by unmarried couple. But later as the society develops slowly, they have recognized the live-in-relationship as legal and not a criminal offence. Legally married couple gets protection from the legislation and this ensures the partition rights, inheritance and also succession from the ancestral property. The Law always ensures that the legally married couple are protected and gets every rights to protect themselves. But always the cohabiting unmarried couples are placed in the repelling poles of the married couple in India. Partition rights are not vested with the man or women in the unmarried relationship only the child born out of the relationship are protected. The concept has adopted from the western culture but the western countries has protect the rights of the unmarried couple by the prenuptial agreement or cohabitation agreement which lays down certain conditions to get  protection by law. So, India can adopt the same from the other countries and can protect the property rights of the unmarried couple in cohabitation.

Key Words : Property, unmarried couple, property rights of women, right to inherit property, cohabitation agreement, comparison.

PREDATORY PRICING: STRATEGIC THEORY AND LEGAL POLICY – AN ANALYSIS

AUTHOR – S. RAMYASHRI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU Dr. AMBEDKAR LAW UNIVERSITY.

BEST CITATION – S. RAMYASHRI, PREDATORY PRICING: STRATEGIC THEORY AND LEGAL POLICY – AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 784-802, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Predatory pricing is a deliberate strategy where a firm sets prices below cost to eliminate competitors, gain market dominance, and later increase prices to recoup losses. This practice, though seemingly consumer-friendly in the short term, can have severe long-term effects on competition and market health. This paper’s primary components include the firm’s pricing strategy, cost structure, market power, and the timeline for recouping losses. Analysing these factors helps determine whether pricing behaviour is truly predatory. Predatory pricing manifests in various forms, including selective pricing (targeting specific markets or competitors) and aggressive discounting. Each type has distinct implications for market competition and requires different regulatory responses. The effects range from the elimination of competitors, reduced market competition, and higher prices in the long term, to potential market monopolization. These outcomes can harm consumers and the overall economic environment. Furthermore it explores the Several theories explain predatory pricing. Each theory provides a different lens through which to assess the likelihood and impact of predatory pricing. It examines Dumping, where goods are sold in a foreign market below cost, can be considered a form of predatory pricing. It involves similar tactics of price suppression to weaken foreign competition, raising concerns at the intersection of trade and competition law. It also explores both Indian and UK development of legal frameworks to address predatory pricing, with India’s Competition Act, 2002, and the UK’s Competition Act, 1998, providing the regulatory backbone. These frameworks aim to balance market freedom with the need to prevent anti-competitive practices. In the digital market, predatory pricing has unique implications due to network effects, low marginal costs, and the dominance of platform-based companies. This environment requires modernized legal approaches to ensure competitive fairness. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, and its successor, the Competition Act, 2002, in India, have been instrumental in shaping the regulatory approach to predatory pricing. While the MRTP Act had limitations, the Competition Act provides a more robust framework to address modern market challenges.

KEYWORDS: Predatory Pricing, Dumping, Competition, Monopoly.

DOCTRINE OF TRADEMARK DILUTION: INDIAN APPROACH

AUTHORS – CHHAVI SINGH & ARPITA TRIPATHY, STUDENTS AT KIIT SCHOOL OF LAW, ODISHA

BEST CITATION – CHHAVI SINGH & ARPITA TRIPATHY, DOCTRINE OF TRADEMARK DILUTION: INDIAN APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 766-773, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper delves into the intricate realm of trademark dilution within the Indian legal landscape, meticulously examining its nuanced facets, potential stumbling blocks, and the overarching hurdles it faces. It embarks on this journey by elucidating the fundamental concept of trademarks, underlining their pivotal role in delineating brand identities and safeguarding intellectual property rights. This foundational understanding sets the stage for a deeper exploration into the notion of trademark dilution, which manifests itself primarily through two distinct yet intertwined forms: blurring and tarnishment. With this conceptual groundwork laid, the paper meticulously navigates through the legal framework governing trademark dilution in India, providing a panoramic view of its current status and regulatory mechanisms. This comprehensive analysis serves to illuminate the intricacies of trademark dilution laws in the Indian context, offering insights into their application and efficacy. However, amidst the elucidation of legal provisions and regulatory frameworks, the paper discerns pertinent issues and challenges that impede the effective implementation of trademark dilution laws in India. These may include ambiguities in legal interpretations, enforcement bottlenecks, or gaps in the legislative framework, which collectively pose formidable obstacles to the robust protection of trademarks against dilution. In conclusion, the paper underscores the imperative for continued scholarly inquiry and policy development in the realm of trademark dilution in India. By shedding light on existing lacunae and proposing avenues for refinement, it advocates for a proactive approach towards fortifying India’s legal arsenal for trademark protection. Through concerted efforts aimed at addressing these challenges, India can fortify its position in the global market by ensuring the steadfast protection of valuable trademarks against dilution, thereby fostering innovation, safeguarding brand integrity, and bolstering consumer confidence.

Keywords: Trademark Dilution, Blurring, Tarnishment, Trade Marks Act, 1999, India, Enforcements, Challenges, Legislative framework

FROM GLOBAL REACH TO BRAND BREACH: TRADEMARK DILUTION IN THE ERA OF DIGITAL MEDIA

AUTHORS – SHRUTHI B & LAKSHMI POOJA K, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – SHRUTHI B & LAKSHMI POOJA K, FROM GLOBAL REACH TO BRAND BREACH: TRADEMARK DILUTION IN THE ERA OF DIGITAL MEDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 757-765, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

In the Digital Age, the landscape of trademark protection is undergoing profound transformations, marked by the proliferation of online platforms and the pervasive influence of user-generated content. This research delves into the intricacies of trademark dilution, specifically examining the challenges posed by the dynamic and expansive digital environment. As businesses navigate the global reach of digital marketing and grapple with the impact of user- generated content on social media and other online spaces, the risk of trademark dilution becomes increasingly salient. The study explores high-profile cases, analyzing the factors contributing to dilution, including the globalization of markets, the ease of content reproduction, and the evolving nature of online interactions. Investigating the legal frameworks that underpin trademark protection in the Digital Age, the research aims to assess the efficacy of existing laws and propose strategies for trademark owners to safeguard their brands. With an eye on future trends and challenges, the paper concludes with insights into the evolving dynamics of trademark dilution and the imperative for adaptive legal and business strategies in the ever-evolving digital landscape.

KEYWORDS: Trademark Infringement, Blurring, Tarnishment, Trademark Law, Proliferation, Globalization, Digital Era.

BALANCING INNOVATION AND ACCESSIBILITY: PATENTS IN INDIA’S PHARMACEUTICAL INDUSTRY

AUTHORS – SANTOSH ROSHAN T & MATHEW SN, STUDENTS AT SASTRA DEEMED UNIVERSITY, THANJAVUR

BEST CITATION – SANTOSH ROSHAN T & MATHEW SN, BALANCING INNOVATION AND ACCESSIBILITY: PATENTS IN INDIA’S PHARMACEUTICAL INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 748-756, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The pharmaceutical sector is a pillar of innovation, and research and development (R&D) is mostly driven by patents. Patents give pharmaceutical businesses the certainty they need to invest in the costly and time-consuming process of medication research by giving exclusive rights. India, a world leader in pharmaceutical manufacturing, especially in the generics sector, has improved its innovation environment by utilising patents to solve the issues of pricing and accessibility. Pharmaceutical businesses can develop ground-breaking treatments and technology with the help of patents, which are essential for promoting innovation. But they also pose moral and financial conundrums, especially in light of exorbitant prescription costs and the limited supply of life-saving drugs in developing nations. India’s distinct strategy, which emphasises affordability and innovation, emphasises how crucial it is to strike a balance between the two goals of promoting innovation and protecting public health. This study looks at how patents support pharmaceutical innovation in India and how they affect the R&D environment, accessibility, and the economy. It also explores current developments that have changed the sector, like the emergence of biologics, biosimilars, and collaborative innovation models. The study emphasises the necessity of policies that prioritise fair access to medications, promote technological transfer, and expedite patent procedures. By tackling these issues, India can maintain its position as a leader in the pharmaceutical industry worldwide and show that public health and innovation don’t have to conflict.

Keywords: Innovation, Patent, pharmaceutical sector, Research & development, Technology.