“CONSTITUTIONAL VALIDITY OF JUDICIAL REVIEW AND THE RISK OF JUDICIAL OVERREACH”

Authors: Himasree Bommishetty & M. Bhuvaneswari Ram, Students of DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

Best Citation – Himasree Bommishetty & M. Bhuvaneswari Ram, “CONSTITUTIONAL VALIDITY OF JUDICIAL REVIEW AND THE RISK OF JUDICIAL OVERREACH”, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 484-489, ISSN – 2583-2344.

ABSTRACT

In every Government, three organs are distinct from each other. They are Legislative, Executive, and Judiciary. The role of the Legislative organ of the State makes laws, the executive organ enforces the laws, and the Judiciary interprets, applies them, and reviews the laws.  Each organ while performing their specific powers and responsibilities they tend to intrude with the other branch functions. Thus, without overlapping with the functions and duties of other organs, The Indian Constitution draws a line between the three organs of the Indian Government by introducing a concept called the Separation of powers. They provide checks and balances to ensure that there is a separation of power, so no single organ has too much power over the other. The Judiciary plays a pivotal role among the other three branches because it has a responsibility to maintain the balance between the powers of other branches. The Judiciary should perform its functions and act like an independent and impartial body to protect the citizens’ rights and maintain the balance between the authorities. Further, in this article, we discuss in detail the concepts of Judicial Review and Judicial Overreach.

Live – In Relationship in India

Authors: Divyanshi singh, Student of SVKM NMIMS KIRIT P. MEHTA SCHOOL OF LAW

Best Citation – Divyanshi singh, Live – In Relationship in India, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 479-483, ISSN – 2583-2344.

ABSTRACT

An unmarried couple living together in a long-term relationship that resembles marriage is known as a live-in relationship. It’s referred to as cohabitation in everyday speech. The law grants married people a number of rights and privileges in an effort to uphold and promote marriage. These rights and privileges are not conferred through cohabitation. In a live-in relationship, two people voluntarily decide to live together in order to maintain a long-term connection that mimics marriage. In this essay, the legal and sociological perspectives on cohabitation in India are analysed, with a focus on the status of women in such relationships.

DATA PROTECTION BILL: A CRITICAL STUDY

Authors: Abhijit Ghosh, Student of School of Law, CHRIST (Deemed to be) University

Best Citation – Abhijit Ghosh, DATA PROTECTION BILL: A CRITICAL STUDY, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 471-478, ISSN – 2583-2344.

ABSTRACT

This paper aims to shed light on various data protection-related provisions in Indian laws. The development of technology has made it possible for devices that are connected to the internet to collect user data, sometimes even without the user’s knowledge. Concerns over the right to privacy have arisen as a result of this. In order to understand the gaps in Indian law, a comparative analysis with other legal systems has also been conducted. These days, it is common to hear public employees threaten privacy in the name of “Procedure Established by Law” or “Public Duty,” two concepts that are arguably the most important to human survival on this planet. A person’s right to privacy, which is essentially what Article 21 of our Indian Constitution guarantees, is as essential to a peaceful life with dignity and freedom as oxygen is to the human body. The fundamental connections between data protection and privacy make them a very important and delicate area of law today. To address this issue The Data Protection Bill 2021 is the result of the Joint Parliamentary Committee’s report on the Personal Data Protection Bill of 2019, which was recommended to it. Both personal and non-personal data are covered under the Bill. Since its inception, the Bill has come under fire for being skewed in favour of the company collecting the data and for potentially having serious problems with user rights. Globally, data privacy laws have properly given users primary control over data gathering and consent.

Keywords: Privacy, Rights, Data, Data protection rights, Constitution

Deceptive Similarity In Trademark Law

Authors: Manisha Chakravarti, Student of Jagran Lakecity University, Bhopal

Best Citation – Manisha Chakravarti, Deceptive Similarity In Trademark Law, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 466-470, ISSN – 2583-2344.

Abstract

Every individual on this planet has various rights over their property, be it immovable or movable. Similarly, there are some legal protections given to intellectual property like inventions, logos, symbols, designs, etc., and offenders who violate the owner’s rights by copying them face consequences. In this paper, we covered the infringement of the rights of the owner of a trademark, one of the intellectual properties. Sometimes, the defendant does not exactly copy the work of the owner but creates a similar product that resembles the former or the original product, which means deceptive similarity. In this paper, we discussed the meaning of deceptive similarity, how we can test for trademark infringement, and some judicial interpretations.

IT (Intermediary Guidelines and Digital Media Ethics) Rules, 2021: Constitutionally Justified Or Not?

Authors: Abhishek Charan, Student of Alliance School of Law, Alliance University, Bangalore

Best Citation – Abhishek Charan, IT (Intermediary Guidelines and Digital Media Ethics) Rules, 2021: Constitutionally Justified Or Not?, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 459-465, ISSN – 2583-2344.

Abstract

On 25th February, 2021, the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(herein after referred to as “IT Rules, 2021”). These rules triggered a discourse from all the stakeholders who are directly and indirectly affected by these guidelines. This comes after couple incidents of violence which are believed to have been caused through messages over platforms like WhatsApp, Facebook, Twitter, etc. and also on few films or shows which are released over platforms like Netflix, Amazon Prime, etc. 2021 has introduced significant due diligence requirements which need to be followed by any intermediary be it a significant social media intermediary, a news and current affairs content intermediary or an OTT platform. These rules relate to compelling interception, monitoring, and decryption of communications. These rules seem to violate Article 19(1) (a) by seeking to impermissibly deprive intermediaries of their safe-harbour protection under Section 79 of the IT Act, and violates the K.S Puttaswamy judgment- Article 21’s guarantee of privacy by requiring traceability by design. This paper focuses on whether the IT Rules of 2021 complies the law set by the Hon’ble Supreme Court in K.S Puttaswamy v Union of India (2017) 10 SCC 1 and also whether the traceability mandate of the IT Rules would be helpful or not.

Keywords: IT Rules 2021, Traceability, Puttaswamy judgment and Right to Privacy

CHILD ABUSE: GLOBAL CONCERN & HUMAN RIGHTS BASED APPROACH

Authors: Avantika Hebbar, Student of School of Law, CHRIST (Deemed to be) University

Best Citation – Avantika Hebbar, CHILD ABUSE: GLOBAL CONCERN & HUMAN RIGHTS BASED APPROACH, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 453-459, ISSN – 2583-2344.

Abstract:

“Childhood should be carefree, playing in the sun; not living a nightmare in the darkness of the soul.”
                                                                                                                                   ― Dave Pelzer  

Child Trafficking is a widespread issue on a global level. A very high number of children and women have become the victim of trafficking for forced labour and commercial sex. The United Nations has stated that approximately one million to four million people are trafficked on a global level every year which values more than 10 billion dollars. 20% of the total victim who are trafficked fall in the children category (below the age of 18). Such children go through various forms of violence and sexual exploitation once trafficked. The victims of child trafficking are taken away from their family  and are deprived of normal and healthy growth and development process. This consequently results in mental health problems and a negative well being.

The research paper attempts to deliberate on the violation of Child Rights through Child Trafficking and analyse the role of the family in increasing number of trafficking. The paper further compares the characteristics between the countries comprising of highest and lowest number of trafficking, lastly analyses the existing law framework around Child trafficking on a global level to understand the efficiency on a deeper level.

Key Words: Child Trafficking, Forced Labour, Sexual Exploitation, Child Rights.

ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY LAW: A COMPLEX RELATIONSHIP

Authors: Srishti Roy Barman, Student of Hidayatullah National Law University

Best Citation – Srishti Roy Barman, ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY LAW: A COMPLEX RELATIONSHIP, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 440-452, ISSN – 2583-2344.

Abstract

Human beings are quick witted. They have the ability to make life easy. But what if the ability to think is possible for machines? Intellectual property rights confer protection to creation of human intellect through copyright, patents, trademarks, etc. But what about creative works made by machines? The term coined for recognition of the ability of machines to think, act, learn is artificial intelligence. The ability to create as well as develop like human brain is a developing field of technology. However, now it has become a reality. Just like human beings, artificially intelligent technologies are able to create, learn, imitate. The conundrum lies on the intersection of artificial intelligence and intellectual property rights. What if AI could write a poem, can it be an author? What if AI comes up with new invention, can we give a patent to such inventions? What if AI technology is used to sell counterfeit goods on the internet. The major issue lies about personhood of artificial intelligence and liability in infringement claims. The article will discuss on the concept of artificial intelligence and challenges to enforcement of intellectual property rights over AI creations. The legal issues pertaining to artificial intelligence will be highlighted. The copyright regime on authorship of AI within different jurisdictions will be analyzed. The article will study the impact of artificial intelligence on patent ownerships and trademark law within various jurisdictions. The article will also discuss on the possibility of trade secret law to protect artificially intelligent innovations.

“VIOLENT TRUTH OF CHILD SEXUAL ABUSE”

Authors: MD TAUSEEF ALAM, Student of LLOYD SCHOOL OF LAW

Best Citation – MD TAUSEEF ALAM, “VIOLENT TRUTH OF CHILD SEXUAL ABUSE”, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 431-439, ISSN – 2583-2344.

ABSTRACT

Child sexual abuse is a major problem since it disrupts a child’s entire growth and development and causes mental anguish for life. The number in the rise of cases under the POCSO act and various other laws to protect children from sexual offences is rapidly rising. It is vital to instill excellent values and ethics in all children via their homes, schools, and even college so that when they grow up, they have very little possibility of becoming criminals. Public awareness campaigns concerning this threat will be carried out in order to raise public understanding of sexual abuse. In order for legislation to succeed, state governments must guarantee that all of the conditions outlined in the law are met. The goal will not be reached until and until people’s attitudes change. This paper addresses the major problems of child sexual abuse in the light of the various cases and rulings of the court. It also focuses on deep-rooted societal norms and judicial stereotypes. 

KEYWORDS: POCSO, CHILD SEXUAL ABUSE, BAIL, RAPE, MINOR

THE SUI GENERIS PROTECTION TO THE PLANT VARIETIES: FARMER’S RIGHTS V. BREEDER’S RIGHTS

Authors: Nithya Sowmya M, Student of Tamil Nadu National Law University

Best Citation – Nithya Sowmya M, THE SUI GENERIS PROTECTION TO THE PLANT VARIETIES: FARMER’S RIGHTS V. BREEDER’S RIGHTS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 417-423, ISSN – 2583-2344.

ABSTRACT

Protection of plant varieties relates to intellectual property rights over plant varieties that guarantee exclusive commercial rights to rights-holders for a specific period of time. Article 27(3) (b) of the TRIPS Agreement obliges all WTO member states to introduce such protection within certain set time frames through domestic legislation. These rights are one form of IPR that is aggressively imposed on developing countries and are often claimed to be a’ soft’ patent regime. Plant variety laws are as threatening as biodiversity industrial patents and also represent an attack on the farming rights of other local communities. From a legal point of view, the protection of plant varieties in India remains a far from being settled issue even though the Plant Varieties Protection and Farmers ‘Rights Act was adopted in 2001 in accordance with the TRIPS Agreement. This study argues that the IP regime’s goal should be to balance the competing needs of maximizing societal innovation while rewarding the individuals who contribute to that innovation appropriately. One   of   the   main characteristics of the PGRFA Treaty is its emphasis on the rights of farmers. To this end, the study   aims   to   analyze   issues   related   to   plant   variety   protection   with   reference   to   the   TRIPS Agreement   together   with   the   Biodiversity   Treaty   and   the   PGRFA Treaty in the context of Protection of Farmers Rights and Breeders Rights.  

KEY WORDS Protection to Plant Varieties, TRIPS Agreement, UPOV Convention, Sui generis, Protection of Plant Varieties and Farmers’ Rights Act, 2001

INTELLECTUAL PROPERTY RIGHT IN THE WORLD E-SPORTS

Authors: MD TAUSEEF ALAM, Student of LLOYD SCHOOL OF LAW

Best Citation – MD TAUSEEF ALAM, INTELLECTUAL PROPERTY RIGHT IN THE WORLD E-SPORTS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 424-430, ISSN – 2583-2344.

Abstract

To generate the many components of any software, computer programs and virtual world development tools are employed. In e-sports and the metaverse, some of these include buildings, markets, and even avatars. Since these works are regarded as graphical user interfaces, they could not be covered by the same copyright protection as software. In India, two significant landmark decisions that introduced two key tests helped to create the originality test. The author or creator is required to exhibit at least rudimentary inventiveness (de minimis quantum) alongside the efforts put into such work in order to preserve intellectual property. All games contain a combination of trade secrets, patented technology, copyrights, and trademarks. A comprehensive game includes patents, trademarks, and copyright. As a literary work, the whole game’s code is protected by copyright. It is the lifeblood of your business, according to the developer. Numerous problems that, if they do not already exist, will soon join the Indian market have been recognized by researchers. These include anti-competitive activity by game developers as well as doping and online gambling. Cases would be adjudicated in a sophisticated manner if the present framework for intellectual property rights legislation in India is expanded.

KEYWORDS: IPR, E-SPORTS, OWNERSHIP RIGHT, GAME.