A COMPREHENSIVE ASSESSMENT OF THE ECONOMIC IMPACTS OF INTELLECTUAL PROPERTY RIGHTS

AUTHORS – MS. KEERTHANA P.G, STUDENT AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES(SIMATS), SAVEETHA UNIVERSITY, CHENNAI.

BEST CITATION – MS. KEERTHANA P.G, A COMPREHENSIVE ASSESSMENT OF THE ECONOMIC IMPACTS OF INTELLECTUAL PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 633-641, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual Property is that property that’s developed by the Individual mind and by the Individuals intellect. Now intellectual property and rights attached to intellectual property are getting veritably precious and precious. In India, there are well- established executive, statutory, and Judicial configurations for shielding IPR  .In numerous advanced countries, the strict enforcement of the IPR function has a huge benefit to profitable growth. IPR promotes invention which leads to profitable growth. currently every business in the world is the creation of Innovation . This Research is an empirical Research following random sampling method with a sample size of . The main aspects dealt are relating to the economic impacts that are caused by the intellectual property rights in India . The study is an empirical research with a sample size of 200 and the samples were collected using random sampling method . Thus through the research a broad aspective of the emergence and development of IPR in the economy of the country was brought into discussion.In numerous advanced countries, the strict enforcement of the IPR function has a huge benefit to profitable growth. IPR promotes invention which leads to profitable growth. currently every business in the world is the creation of Innovation .

KEYWORDS:- IPR, Economy, Development, Nation , Progress

NAVIGATING THE LABYRINTH: THE ARBITRABILITY OF INTELLECTUAL PROPERTY DISPUTES

AUTHOR – PARI CHAUHAN, STUDENT AT SYMBIOSIS LAW SCHOOL NOIDA

BEST CITATION – PARI CHAUHAN, NAVIGATING THE LABYRINTH: THE ARBITRABILITY OF INTELLECTUAL PROPERTY DISPUTES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 626-632, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Intellectual Property (“IP”) rights can only be as strong as the means for enforcing them are strong.^[1] Arbitration, a private, confidential process, is increasingly seen as the optimal method to resolve intellectual property disputes, especially when parties are from different jurisdictions. Arbitration, with its advantages of time-efficiency, cost-effectiveness, etc., has led several countries like Australia, Germany, etc., to adopt a pro-arbitration approach towards IP disputes.

The paper explores the progress and current status of IP dispute resolution through arbitration, drawing on legal frameworks and precedents. It examines the Supreme Court’s definition of intellectual property and significant IP legislation in India. Global perspectives are analysed to highlight diverse approaches to IP arbitration. The paper discusses emerging technologies like blockchain and their potential to transform IP dispute resolution. Initiatives promoting Arbitration in IP rights like WIPO establishing “WIPO Arbitration and Mediation Centre,” i.e., a global, non-profit dispute resolution service provider offering time and cost-effective options have assisted arbitration in IP disputes and enabled parties to successfully resolve their domestic and international IP and technology disputes.  The paper also advocates for WIPO’s role and its ability to propose mandatory arbitration rules to address complexities and promote international cooperation in resolving IP disputes efficiently.

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[1]Why Arbitration in Intellectual Property, WORLD INTELLECTUAL PROPERTY ORGANIZATION,  Why Arbitration in Intellectual Property? (wipo.int)

THE IMPACT OF CONSUMER PROTECTION LAWS ON E COMMERCE BUSINESS MODELS: AN ANALYSIS

AUTHOR – ABHISHEK VARSHNEY, LLM STUDENT AT IFTM UNIVERSITY, MORADABAD, UP

BEST CITATION – ABHISHEK VARSHNEY, THE IMPACT OF CONSUMER PROTECTION LAWS ON E COMMERCE BUSINESS MODELS: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 619-625, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Consumers are a critical component of a healthy economy’s growth, regulation, and progress. Consumers are the most important players in maintaining economies around the world. With the expansion of the market base and product base, the internet has become an enormous market for consumers for all around the globe. Thus it becomes increasingly important to ensure that consumers are able to take advantage of a broad base through the internet. These innumerable acts performed daily, create economic, social and most importantly legal relations binding people across countries, beyond borders. E-commerce sites have steadily crept into our everyday lives over the last few decades. Online behemoths like Amazon and Flipkart are well-known these days for their great sales and easy shopping choices. The history of e-commerce is unquestionably interesting. Both technology and e-commerce have shown no signs of slowing down, which may be due to the fact that their customers’ preferences are constantly evolving as well. Customers have more bargaining power than ever before thanks to this outlet for shopping, making it critical for online companies to better understand consumer behaviour.

Key Words– Consumer, E-commerce, Economy, Technology, Consumer Laws

A STUDY ON THE EFFECTIVENESS OF HUMAN RIGHTS EDUCATION IN PROMOTING WOMEN’S RIGHTS AND EMPOWERMENT

AUTHOR – SHIVANI GUPTA, AD HOC LAW FACULTY AT KGK PG COLLEGE

BEST CITATION – SHIVANI GUPTA, A STUDY ON THE EFFECTIVENESS OF HUMAN RIGHTS EDUCATION IN PROMOTING WOMEN’S RIGHTS AND EMPOWERMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 610-618, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Gender Inequality is not only woman issue but human issue. Women suffer discrimination in many aspects in spite of their contribution in every spheres of life they suffer silence and belong to a disadvantage position in society. , human rights are non-discriminatory but all human beings does not experience them equally throughout the world. Various international declaration and covenant have been adopted to eliminate discrimination against women like Universal Declaration On Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention On The Elimination Of All Forms Of Discrimination Against Women, 1979. In India various constitutional provisions like Article 14, 15(3), 23, 39(d), 39(e), 42, 44, 51A(e) etc. have been incorporated to eliminate discrimination against women moreover Article 15(3) says that state is empowered to make special provision for women even in the personal laws some provision are made to eliminate discrimination of women. Then gradually various legislation came like Sati Prevention Act,1987; Indecent Representation of Women (Prohibition),1986; Dowry Prohibition Act,1961; Family Courts Act, 1984; Protection of Human Rights Act,1993;etc. Then through various judicial decisions court struck down the provisions which violated human rights of women. India has ratified CEDAW which implies to honour the obligations imposed by convention. Aim of this convention was to eliminate discrimination against women. Thus India ratified this convention to eliminated discrimination against women. Human rights are non- discriminatory, meaning that all human beings are entitled to them and cannot be excluded from them. Women have always been discriminated against and have suffered and are suffering discrimination in silence. Women may have rights guaranteed by law but are unable to exercise them due to failure of Government to promote and protect this rights. Actions to be taken by Government are the following developing comprehensive human right education programme to raise awareness about womens’ rights, create or strengthen national institutions for protecting human rights of women, publicise information on existing mechanism for redressing , human rights violation.

Keywords: Gender equality, Discrimination, Human Right, International Conventions, Constitutional Provisions.

THE EVOLVING DEFINITION OF “COMMERCIAL SUIT”: A CRITICAL ANALYSIS OF AMBALAL SARABHAI ENTERPRISES LTD. VERSUS K.S. INFRASPACE LLP AND ANOTHER

AUTHOR – UDAYVEER SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – UDAYVEER SINGH, THE EVOLVING DEFINITION OF “COMMERCIAL SUIT”: A CRITICAL ANALYSIS OF AMBALAL SARABHAI ENTERPRISES LTD. VERSUS K.S. INFRASPACE LLP AND ANOTHER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 606-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With the establishment of commercial courts through the mandate of The Commercial Courts Act 2015, there has been an attempt to provide for speedy disposal of specific disputes which are of commercial nature and are of specific value as per the requirement by the Act. However with this there has also been an increasing number of commercial suits being filed in the commercial courts and thus  poses a challenge for the courts to determine whether the suits being filed actually fall within the ambit of the commercial courts as per the Commercial Courts Act 2015 or not. As the purpose of the Act would stand defeated if matters which are not commercial in nature as per the act are also instituted before the commercial courts. In regards to that this article aims to critically analyse the judgment of the Hon’ble Supreme Court in the matter of Ambalal Sarabhai Enterprises Limited Versus  K.S. Infrastructure LLP and Another, in which the court through its judgement reflected upon the issue as to what all matters are qualified to be instituted as commercial suits under the Commercial Courts Act 2015.

SEBI’S NEW ERA: REGULATING FINFLUENCERS AND STREAMLINING FINANCIAL PROCESSES

AUTHOR – SAHIL BORA, STUDENT AT GOVERNMENT LAW COLLEGE, MUMBAI

BEST CITATION – SAHIL BORA, SEBI’S NEW ERA: REGULATING FINFLUENCERS AND STREAMLINING FINANCIAL PROCESSES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 592-594, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

The Securities and Exchange Board of India has recently taken major steps toward regulating financial influencers, otherwise known as finfluencers, and initiated several steps meant for rationalizing the procedures to impact the ‘ease of doing business’ across various categories of market participants. In the recent SEBI’s board meeting, it approved a set of critical measures juxtaposing the challenges and opportunities in today’s dynamic financial landscape. This blog will try to go deep into these measures, seeking insights into their implications for investors, companies, and market intermediaries.

DECODING DIRECT LISTINGS VS. TRADITIONAL IPO’S: AN ANALYSIS

AUTHOR – SAHIL BORA, STUDENT AT GOVERNMENT LAW COLLEGE, MUMBAI

BEST CITATION – SAHIL BORA, DECODING DIRECT LISTINGS VS. TRADITIONAL IPO’S: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 595-605, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This comprehensive article provides a detailed exploration of the two primary methods, companies employ to go public: traditional Initial Public Offerings (IPOs) and the more recent approach of Direct Listings. With an in-depth analysis of both paths, the article sheds light on their respective advantages, challenges, and considerations. Traditional IPOs involve partnering with investment banks to underwrite new shares, facilitating substantial capital infusion, and enhancing credibility. However, the process is characterized by high costs, potential under-pricing, and lock-up periods. On the other hand, direct listings offer efficiency and transparency, bypassing underwriting fees and enabling immediate liquidity for existing shareholders. Yet, they lack the capital generation of traditional IPOs and may experience market volatility. Factors influencing the choice between these paths include a company’s capital needs, visibility goals, and employee incentives. By meticulously weighing the pros and cons of each approach, companies can strategically decide on the path that best aligns with their unique circumstances and objectives, marking a pivotal step in their journey toward public markets

KEYWORDS: Securities and Exchange Commission (SEC), Initial Public Offer (IPO), Direct Listings, Issue of Capital and Disclosure Requirements (ICDR), Draft Red Herring Prospectus (DRHP)

ADMINISTRATION OF PRISON INMATES ARRESTED BY THE CENTRAL LAW ENFORCEMENT AGENCIES – A CRITICAL STUDY

AUTHOR – N. GOWTHAMAN, ASSISTANT PROFESSOR (CRIME AND TORT), GOVERNMENT LAW COLLEGE, CHENGALPET

BEST CITATION – N. GOWTHAMAN, ADMINISTRATION OF PRISON INMATES ARRESTED BY THE CENTRAL LAW ENFORCEMENT AGENCIES – A CRITICAL STUDY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 579-591, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Prison administration is a crucial component of the criminal justice system in India, requiring regular updates to align with evolving social ideals and institutional needs. The prison system has shifted from a punitive to a reformative approach, aiming for the reintegration of prisoners into society. Governed by the century-old ‘Prisoners Act, 1894’, prison administration includes various types of institutions such as central jails, district jails, and sub-jails, and classifies inmates into criminal and civil categories. Despite numerous reforms recommended by prison committees and law commissions, new forms of offenses affecting the country’s economic, social, and internal security continue to pose challenges. Central legislation has been enacted to address issues like drug abuse, socio-economic crimes, terrorism, and corruption, with central law enforcement agencies registering numerous cases in recent years. This study examines whether the British colonial-era legislation meets contemporary societal needs and how recent central laws align with or complicate existing prison regulations.

Keywords: Prison, Central Law Enforcement, Prison inmates, Transportation

INTERPRETATION AND FACILITATION OF PROCESSES UNDER INSOLVENCY AND BANKCRUPTCY CODE, 2016

AUTHOR – ISHMEET SINGH BHATIA, STUDENT AT VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES, PITAMPURA, GURU GOBIND SINGH INDRAPRASHTHA UNIVERSITY

BEST CITATION – ISHMEET SINGH BHATIA, INTERPRETATION AND FACILITATION OF PROCESSES UNDER INSOLVENCY AND BANKCRUPTCY CODE, 2016, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 568-578, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Insolvency and Insolvency Code (IBC), 2016, was ordered to improve on existing regulations and empower an effective component for recuperating duty. The Code presents a smoothed out institutional structure and a two-step process for corporate bankruptcy. This paper gives an outline of the IBC, its application, institutional design, includes, and nitty gritty experiences into the bankruptcy resolution process. The Code consolidates and amends the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders.

INDIAN JUDICIARY IS FAILING?

AUTHOR – VISHESH NAGDA, STUDENT AT NMIMS, INDORE
BEST CITATION – VISHESH NAGDA, INDIAN JUDICIARY IS FAILING?, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 566-567, APIS – 3920 – 0001 & ISSN – 2583-2344.

A judicial backlog of more than 50 million matters, is not only a statistical aberration, but a reflection of structural difficulties aggravated by political meddling.

-India is facing a severe problem that affects justice fundamentally: an overburdened legal system that is facing an incredible backlog of more than 50 million cases.