COPYRIGHT LAW IN THE AGE OF NFTS: OWNERSHIP AND LICENSING CHALLENGES IN THE INDIAN MARKET

AUTHOR – BOOBESH S, STUDENT AT SASTRA DEEMED UNIVERSITY

BEST CITATION – BOOBESH S, COPYRIGHT LAW IN THE AGE OF NFTS: OWNERSHIP AND LICENSING CHALLENGES IN THE INDIAN MARKET, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 653-664, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Technology is changing at lightning speed, and we are seeing more of digital assets than we have ever before. All this has radically changed the heart of ownership, creativity, and intellectual property. Copyright law that has for long protected creators over works was facing enormous challenge in this digital space. One of the latest buzzwords around is that of Non-Fungible Tokens, which attracted some popular artists, tech enthusiasts, and legal scholars alike. They describe unique digital assets, often tied up with content like art, music videos, and even virtual real estate. Unlike cryptos, where one is just as good as the next, each of these NFTs has a characteristic different from its counterpart and is stored on a blockchain that provides an easily identifiable record of ownership. The underlying purpose of copyright law, much like in most others, is to protect the rights of the creators by making the rights over creations exclusively theirs. These rights shall include reproduction rights, distribution rights, and display rights so that they appropriately collect compensation for their mental work. NFT, however, has brought into question major issues regarding copyright laws around this newness. NFTs have placed digital art and content in a peculiar position that one would consider such assets to be sold, bought, and exchanged as separate properties. Thus, in general, it becomes unclear whether the ownership of the intellectual property that constitutes the NFT is legitimate.

KEYWORDS – Copyrights Act, India, NFT, Licensing, Blockchain Technology

CYBER INSURANCE IN INDIA: NAVIGATING LEGAL FRAMEWORKS

AUTHOR – BOOBESH S, STUDENT AT SASTRA DEEMED UNIVERSITY

BEST CITATION – BOOBESH S, CYBER INSURANCE IN INDIA: NAVIGATING LEGAL FRAMEWORKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 644-652, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

                Cyber insurance, also referred to as cyber liability or cyber risk insurance, defends against internet-based dangers that have emerged rapidly within a couple of years. Cyber insurance coverage went from covering primarily online software in the 2000s into a broad array of risks that consist of network security breaches, unauthorized access, data loss, and even virus-related incidents. The newer threats of data breaches and ransomware and identity theft have emerged as a vital tool in the cyber insurance risk management. However, this is still quite nascent in India-the regulatory changes, such as the 1938 Act of Insurance and the Information Technology (IT) Act of 2000, providing for utterly insufficient resolutions to stand apart against specific cyber risks. The paper will look at cyber insurance in the law structure of India: key drivers and challenges to its growth. It positions the need for legal reforms-including required breach reporting, a comprehensive Data Protection Law, and standardization of cyber insurance policies. This would therefore also strengthen the legal framework, boost confidence in cyber insurance, support the market’s growth, and improve the general cybersecurity scenario in the country as these threats continue to evolve.

KEYWORDS – Cyber Insurance, India, DPDP Act, IT Act, Insurance Act.

A COMPREHENSIVE ANALYSIS ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON THE PRESERVATION AND COMMERCIALIZATION OF TRADITIONAL KNOWLEDGE AMONG INDIGENOUS COMMUNITIES

AUTHORS – YESHWANTH SHARMA P & TRIVENI T, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – YESHWANTH SHARMA P & TRIVENI T, A COMPREHENSIVE ANALYSIS ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON THE PRESERVATION AND COMMERCIALIZATION OF TRADITIONAL KNOWLEDGE AMONG INDIGENOUS COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 635-643, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Traditional knowledge encompasses the knowledge, inventions, and customs of indigenous and local groups across the world. Traditional knowledge is passed down orally from generation to generation, having evolved from decades of experience and being adapted to the particular culture and environment. This study looks critically at the role of Intellectual Property Rights (IPR) in the preservation and commercialization of traditional knowledge (TK) among indigenous people. While IPR frameworks like patents, trademarks, and geographical indications are intended to protect innovations and creative expressions, their application to traditional knowledge creates difficult concerns about ownership, benefit-sharing, and cultural preservation. This study investigates how intellectual property rights (IPR) systems may either empower indigenous people by providing legal protection and economic opportunity or harm their cultural legacy by commodifying traditional knowledge and encouraging misuse. This research examines the efficiency of IPR in conserving TK and the extent to which these rights match with indigenous peoples’ beliefs and traditions using a review of existing literature, case studies, and legal analyses. It also investigates the difficulties indigenous groups confront while navigating the official IPR system, such as concerns of permission, collective ownership, and access to legal resources. Furthermore, the study investigates alternate models, such as sui generis systems and community protocols, to better accommodate the unique character of TK and encourage fair benefit-sharing. In India, for instance initiatives to conserve traditional medical knowledge through sui generis institutions and benefit-sharing agreements have been undertaken. However, obstacles persist in ensuring effective stakeholder engagement and fair commercialization.

The findings of this study suggest the need for a more nuanced approach to intellectual property rights that takes into account the cultural and social dimensions of traditional knowledge. It advocates for the creation of legal frameworks that are both protective and inclusive of indigenous viewpoints and rights.

Keywords: Intellectual Property Rights, Traditional Knowledge, Traditional Cultural Expressions, Indigenous Communities, Cultural Heritage, Collective ownership.

WOMEN STATUS IN THE INDIAN SOCIETY

AUTHOR – SAMIR HALDER, ADVOCATE & LL.M, DEPARTMENT OF LAW, CALCUTTA UNIVERSITY

BEST CITATION – SAMIR HALDER, WOMEN STATUS IN THE INDIAN SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 623-634, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, our constitutional rights  and some kinds of discriminations of laws are made for the women’s, not only for remove  the inequalities, but also provides for various status in the society, and also provides various empowering provisions to bring up inferior women in the society for various opportunities. There are many legislations in India which aim not only remove the inequalities but giving punishment for the offenders.in this paper I discussed about  discriminatory laws which are protects the women in India with some policies practices.

THE LINKAGE BETWEEN POSITIVISM AND DOCTRINE OF CONSTITUTIONAL SOVEREIGNTY IN INDIA; A JURISPRUDENTIAL APPROACH

AUTHOR- KASHISH KHANNA, IILM UNIVERSITY, GURUGRAM.

BEST CITATION – KASHISH KHANNA, THE LINKAGE BETWEEN POSITIVISM AND DOCTRINE OF CONSTITUTIONAL SOVEREIGNTY IN INDIA; A JURISPRUDENTIAL APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 616-622, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Analytical Positivism in jurisprudence centers on understanding the core concepts of law independent of their moral, historical, or societal contexts. Rooted in a systematic and scientific approach, this school focuses on “law as it is,” rather than “law as it ought to be,” analyzing fundamental concepts like sovereignty, justice, and legislative theory. Prominent figures, including John Austin and H.L.A. Hart, argue that law, crafted by political authorities, should be viewed as a factual system rather than a moral construct. Various Indian judicial decisions, such as those based on legal positivism, illustrate this approach, with cases highlighting the distinction between legal rules and justice. Hart’s theory, with its focus on primary and secondary rules, aligns with India’s legal framework, where the Constitution serves as the ultimate standard of recognition. Jeremy Bentham’s utilitarian influence and Hans Kelsen’s “Grund Norm” concept further underscore the importance of the Constitution as a foundational norm in Indian law.  In India, the Constitution’s sovereignty echoes the various ideas of Analytical school’s emphasis on legal authority, establishing the Constitution as the supreme legal standard. While some aspects of Analytical Positivism do not fully apply to India’s diverse legal system, key principles continue to shape interpretations and applications of the Constitution. The enduring legacy of the Analytical School of Jurisprudence lies in its clear articulation of law’s role and authority within an organized legal system, contributing significantly to the foundations of Indian constitutionalism.^[1] Thus, it becomes essential to answer some questions. What is the linkage between the theories of various scholars and the Indian constitution? Is it entirely a positivist idea?  Does the Indian constitution act like a sovereign in India?

Keywords: Positivism, Grund norm, authority, Indian constitution, linkage, sovereign etc.

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[1] Dr. Jai Mala, Seema Rani, Role of Legal Positivism in Democratic Governance in India,  https://www.internationaljournalssrg.org/IJHSS/2017/Volume4-Issue6/IJHSS-V4I6P104.pdf, Last Accessed on 20^th October 2024.

THEORY OF FUTILE EXERCISE

AUTHOR – AKASH TYAGI, LLM SCHOLAR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – AKASH TYAGI, THEORY OF FUTILE EXERCISE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 610-615, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The principle of audi alteram partem, which translates to “hear the other side,” is a fundamental aspect of natural justice, ensuring that no individual is condemned or deprived of their rights without being provided an opportunity to present their case. However, the judicial and administrative frameworks may recognize that providing a hearing may not serve a meaningful purpose. This is where the theory of futile exercise comes into play. It serves as an exception, allowing courts and administrative bodies to bypass the need for a hearing when it is evident that such a process would not alter the outcome or affect the facts of the case. This research paper explores the origins and theoretical foundations of this theory, examining its application in various judicial decisions in India and globally. Through an analysis of landmark cases such as Aligarh Muslim University v. Mansoor Ali Khan^[1] and Union of India v. Tulsiram Patel^[2], the paper demonstrates how courts justify and limit the use of this theory. The paper also delves into the risks and criticisms associated with its application, emphasizing the need for a balanced approach to avoid undermining procedural fairness.

Keywords: Audi alteram partem, natural justice, futile exercise, exceptions, judicial review, fairness.

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[1] (2000) 7 SCC 529

[2] (1985) 3 SCC 398

OVERARCHING CURATIVE JURISDICTION OF THE SUPREME COURT OF INDIA

AUTHOR – AKASH TYAGI, LLM SCHOLAR AT IILM UNIVERSITY, GREATER NOIDA

BEST CITATION – AKASH TYAGI, OVERARCHING CURATIVE JURISDICTION OF THE SUPREME COURT OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 603-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper provides an insightful exploration of curative jurisdiction, a rare and extraordinary judicial mechanism formulated by the Supreme Court of India aimed at rectifying gross miscarriages of justice. Rooted in the Supreme Court’s decision in Rupa Ashok Hurra v. Ashok Hurra & Anr.^[1], the curative jurisdiction framework safeguards the principles of natural justice when conventional remedies fail. The analysis navigates through procedural requirements, foundational principles, and the application of curative powers in various landmark cases, with a particular focus on the recent decision of Supreme Court in Delhi Metro Rail Corporation Ltd. vs. Delhi Airport Metro Express Pvt. Ltd^[2]. This case illustrates a nuanced shift, as the Supreme Court addressed procedural lapses and misinterpretations in its earlier judgment, allowing the curative petition in a commercial dispute—a rare move that raises critical questions about the boundaries of judicial intervention, the finality of judgments, and the sanctity of arbitration awards. Through a balanced critique, this research paper reflects on the evolving dynamics of curative jurisdiction, emphasizing the need for judicial restraint and consistent standards to preserve its credibility and prevent misuse.

Keywords: Curative Jurisdiction, Supreme Court of India, Miscarriage of Justice, Finality of Judgments, Judicial Accountability, Judicial Intervention, Commercial Law.

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[1] (2002) 4 SCC 388

[2] (2024) 6 SCC 357

CONSENT AND LEGAL FRAMEWORK CONCERNING MEDICAL NEGLIGENCE CASES IN INDIA: A CRITICAL ANALYSIS AND NEED FOR COMPREHENSIVE REFORM

AUTHOR- AMRITA DAS, STUDENT AT S ‘O’ A NATIONAL INSTITUTE OF LAW, SIKSHA ‘O’ ANUSANDHAN (DEEMED TO BE UNIVERSITY)

BEST CITATION – AMRITA DAS, CONSENT AND LEGAL FRAMEWORK CONCERNING MEDICAL NEGLIGENCE CASES IN INDIA: A CRITICAL ANALYSIS AND NEED FOR COMPREHENSIVE REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 593-602, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Medical negligence is a major problem in India’s healthcare system, as patients’ rights and medical practitioners’ responsibilities frequently conflict with each other. The notion of informed consent is an important part of medical negligence because it protects a patient’s right to be fully informed about the risks, benefits, and alternatives to any medical operation before proceeding. Despite its importance, informed consent is frequently ignored or badly addressed by healthcare practitioners, leading to allegations of negligence. This study critically investigates the function of consent in medical negligence cases and provides an overview of the current legal frameworks governing medical negligence in India. While many statutes, including the Consumer Protection Act, the Indian Penal Code, and judicial precedents, address the issue, the lack of a comprehensive and coherent legal framework leads to inconsistent application of the law and insufficient protection for patients. The analysis demonstrates how failures in informed consent can result in catastrophic medical effects, providing the basis for negligence claims. This article identifies substantial holes in the existing system by delving into legislative frameworks and landmark court judgments, such as the lack of mandated consent protocols and contradictory legal interpretations of carelessness. Furthermore, the study proposes for complete reforms to India’s medical negligence legislation, including stronger legal protections for patients, clearer rules for healthcare providers, and obligatory consent protocols.  

Keywords: Implied Consent, Judicial oversight, Medical Negligence, Professional Indemnity, Standard of Care.

ROLE OF FORENSIC EVIDENCE IN INDIAN CRIMINAL JUSTICE SYSTEM

AUTHOR – SUNAINA JEEVNANI, STUDENT AT AMITY UNIVERSITY, RAJASTHAN

BEST CITATION – SUNAINA JEEVNANI, ROLE OF FORENSIC EVIDENCE IN INDIAN CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 580-592, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

An essential component of contemporary criminal investigations, forensic evidence serves as a lighthouse that directs the search for justice and the truth in the Indian judicial system. By highlighting its significant influence on the administration of justice, this study aims to clarify the crucial role that forensic evidence plays in criminal investigations. This research begins with an overview of forensic science and its development in India. It then goes into great depth on the many types of forensic evidence, including digital, biological, physical, and trace evidence. Highlighting the developments in the area is a thorough review of cutting-edge forensic technology and methods, including ballistics, DNA analysis, fingerprint analysis, and cyber forensic approaches. The legal framework that governs the use of forensic evidence in India is examined, including a detailed examination of current laws, rules, and the admission of such evidence in court. Furthermore, the study recognizes and tackles a number of obstacles and restrictions related to the incorporation of forensic evidence into criminal investigations, such as the urgent problem of backlogs, resource limitations, and the necessity of guaranteeing quality and uniformity. Insightful case examples that highlight the significant impact forensic evidence has had on criminal case results and further highlight its critical function in the criminal justice system enhance the article.

KEYWORDS : Forensic , criminal , investigation , evidence , ballistics

A DETAILED STUDY ON “MODES OF ACQUISITION OF PROPERTY” WITH SPECIAL REFERENCE TO ACQUISITION MADE BY INDIVIDUAL AND SOVEREIGN

AUTHORS – PAVITHRA S* & PREETHI R**, LL.M SCHOLAR* & . FACULTY OF LAW**, DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW, TNDALU,

BEST CITATION – PAVITHRA S & PREETHI R, A DETAILED STUDY ON “MODES OF ACQUISITION OF PROPERTY” WITH SPECIAL REFERENCE TO ACQUISITION MADE BY INDIVIDUAL AND SOVEREIGN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 574-579, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

                This paper will explore the legal frameworks and implications of property acquisition by individuals and sovereigns, examining how these modes shape ownership rights and influence the legal landscape. The contrast between individual and sovereign acquisition highlight’s essential themes in property law, such as the balance of private and public interests, the role of compensation, and the mechanisms by which ownership rights are created, transferred, and extinguished. Understanding these modes clarifies the pathways to ownership and emphasizes the fundamental principles governing the rights to property in society.

Key Words:  property, property acquisition, by individuals, by sovereign, private and public interests, compensation, ownership.