PRESERVING CREATIVITY: LEGAL INSIGHTS INTO DESIGN PIRACY AND PROTECTION

AUTHOR – NIRMIT JADWANI, CHRIST (DEEMED TO BE UNIVERSITY) PUNE LAVASA CAMPUS

BEST CITATION – NIRMIT JADWANI, PRESERVING CREATIVITY: LEGAL INSIGHTS INTO DESIGN PIRACY AND PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 506-510, APIS – 3920 – 0001 & ISSN – 2583-2344.

INTRODUCTION

Designs represent the organisation’s product identity; thus, they significantly impact consumers’ perception of products and brands. Finally, the look, form, design, pattern, or decoration of a product for use makes it beautiful, determines consumer choices, and therefore has additional utility. In a competitive world where differentiation through visual identity is crucial, design protection allows businesses and designers to safeguard the money they spend on developing new products and original concepts. Design protection is mainly helpful to industries where concepts change frequently and are easily recognisable by the general public, such as fashion, automobile, electronics, furniture industry, etc. Design registration allows inventors to protect their position in the market and create revenue streams without copycats or fakes producing similar designs. This outlines the legal basis for not allowing any other person or party to reproduce, imitate or copy a design that has been registered with a national or international design registry.

SUPREMACY OF LAW IS AN INTENT AND RULE OF LAW IS THE WEAPON TO ATTAIN IT : A STUDY OF RULE OF LAW IN INDIA

AUTHOR – ADV. BHUMI TANDON, RESEARCH SCHOLAR AT UNIVERSITY INSTITUTE OF LAWS, PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA.

BEST CITATION – ADV. BHUMI TANDON, SUPREMACY OF LAW IS AN INTENT AND RULE OF LAW IS THE WEAPON TO ATTAIN IT : A STUDY OF RULE OF LAW IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 495-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Establishing rule of law has been an important goal of social development and social evolution in modernity. The rule of law is nearly generally bolstered at the national and universal level. Rule of law is also an integral part of democratic experimentations historically as well as contemporaneously. But what is the meaning of rule, law and rule of law? Do these mean the same thing in different cultures and histories? Is it possible to learn some new insights and modes of engagement vis-a-vis law and society from a cross-cultural meditation on rule of law. The study undertakes such an exploration. The phrase ‘Rule of Law’ treasures Supremacy of Law and it means that all are equal in the eyes of law. The Rule of Law is deep-rooted in history and accepted as a notion by large number of nations. It differs from the concept of Rule of Man. The common objective for the development in all the societies is to live with human dignity and which is possible with the practice of rule of law. Rule of law can be expressed by only by practices and these practices are possible by expressing such intentions in the Supreme law of the land. Acknowledgements of the Fundamental rights and the concept of justice of all kind in the Constitution is strong evidences of the adoption of the concept of Rule of Law. This paper proposes an exhaustive discussion on rule of law as a political perfect and contends that its pertinence to the universal level will depend on that perfect being seen as a implies instead of a conclusion, as serving a work instead of characterizing a status.

GST JOURNEY FOR ONLINE GAMING INDUSTRY: AN ANALYSIS

AUTHOR – QUISER AMAN, RESEARCH SCHOLAR AT DEPARTMENT OF COMMERCE AND BUSINESS MANAGEMENT, RANCHI UNIVERSITY, RANCHI

BEST CITATION – QUISER AMAN, GST JOURNEY FOR ONLINE GAMING INDUSTRY: AN ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 495-499, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In India, online gaming has become a major driver of economic growth, bringing in large sums of money and raising tax revenues. The availability of new forms of online gaming and its continuous innovation have led to a complex and dynamic tax environment for online gaming in India. This research article, delves into the transformative journey of the Goods and Services Tax (GST) within this dynamic sector. The article traces the GST framework’s historical context, differentiating between games of skill and chance, and examines pivotal regulatory changes leading to the uniform 28% GST on all online gaming from October 1, 2023. It also highlights the various timelines of significant event that shaped the current GST framework for online gaming industry in India.

AN ANALYTICAL EXAMINATION OF DRUG USE FROM THE PERSPECTIVE OF ITS USERS AMONG GUJARAT

AUTHOR – HONEY GOVINDBHAI THAKKAR, RESEARCH SCHOLAR AT GOKUL GLOBAL UNIVERSITY, SIDDHPUR, DEPARTMENT OF LAW

BEST CITATION – HONEY GOVINDBHAI THAKKAR, AN ANALYTICAL EXAMINATION OF DRUG USE FROM THE PERSPECTIVE OF ITS USERS AMONG GUJARAT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 488-494, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

This research paper aims to explore the phenomenon of drug use in Gujarat, India, from the perspective of its users. Using a qualitative research approach, this study seeks to understand the motivations, experiences, and perceptions of drug users in Gujarat. The findings of this study highlight the complexities of drug use in Gujarat, including the role of socioeconomic factors, peer influence, and lack of awareness about the risks associated with drug use. The study also identifies the need for a comprehensive approach to address the issue of drug use in Gujarat, comprising education, counseling, and treatment programs. Gujarat, a state in western India, has been experiencing a significant increase in drug use in recent years. According to a report by the National Crime Records Bureau (NCRB), Gujarat has one of the highest rates of drug-related crimes in the country (NCRB, 2019 to 2022). Despite the growing concern about drug use in Gujarat, there is a lack of research on the perspectives of drug users in the state. This study aims to fill this gap by exploring the experiences, motivations, and perceptions of drug users in Gujarat.

Key Words: NDPS, Drugs, Peer influence, illicit use of drugs, Drugs abuse

EXPLORING THE RULE OF LAW: MEANING, FAILURES, AND VIOLATIONS IN MODERN SOCIETY

AUTHOR – NAVYA ARORA, STUDENT AT BENNETT UNIVERSITY (TIMES OF INDIA GROUP)

BEST CITATION – NAVYA ARORA, EXPLORING THE RULE OF LAW: MEANING, FAILURES, AND VIOLATIONS IN MODERN SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 480-487, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Rule of Law remains as a foundation of current democratic societies, acting as a wall against oppression and guaranteeing that the power of the government is practiced inside the limits of laid out legal standards. This essay embraces an exhaustive exploration of Rule of Law, as a concept, tracing back to its history and elucidating its fundamental principles. While Rule of law is praised for its job in maintaining equality, fairness, and the safeguarding of individual rights, this paper also dives into the hazier side of its narrative.

Through an assessment of real-time instances, the essay inspects occasions where Rule of Law has wavered, uncovering system failures, infringement of rights, and misuse of power. From the disintegration of legal independence to the selective application of regulations, from the prevalence of exemption for the powerful individuals, to the disintegration of civil liberties under the cover of public safety, the essay talks about the intricacies and difficulties inherent in keeping up Rule of Law in continuance. Additionally, this essay highlights the importance of tending to the shortcomings and weaknesses of Rule of Law. It calls for deliberate endeavours to reinforce legal institutions, improve holding accountability, and build protections against abuses of power. This paper also includes within it the way forward, which would be possible by facing the failures and violations of Rule of law head-on. Societies can yearn towards a more just and impartial society, whose primary focus is to maintain the dignity and rights of all individuals.

CYBERSECURITY LAWS AND AI: SAFEGUARDING IDENTITY IN AN ERA OF SMART SURVEILLANCE

AUTHOR – PRIYA* & DR. MOHIT KANWAR**, LL.M. (MASTER OF LAWS)* & ASSISTANT PROFESSOR**, UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI, PUNJAB, INDIA.

BEST CITATION – PRIYA & DR. MOHIT KANWAR, CYBERSECURITY LAWS AND AI: SAFEGUARDING IDENTITY IN AN ERA OF SMART SURVEILLANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 466-479, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

With the explosion of AI Driven Smart Surveillance systems in the digital era, the integration of cybersecurity and AI has played a massive role in reshaping identity protection. With the progress of digitalization in India, these technologies strengthen our security by enhancing the power of real time monitoring and detecting threats, however it also creates new challenges for privacy and data security. In this thesis, India’s existing cybersecurity framework, incorporating aspects of the ‘Information Technology Act, 2000’ and the ‘Digital Personal Data Protection Act, 2023’ (DPDPA), is studied, to locate gaps in regulating AI-driven surveillance, and its impact on identity protection. This research shows how AI frameworks in India can benefit from their comparison with international standards, e.g., GDPR, and their studies. The research stresses the demand for adaptive legal reforms that entail the clear data minimization practices, strict enforcement and privacy requirements. The results indicate that by taking cues from international best practices, India can experience the use of AI in cybersecurity without infringing on individual privacy rights. This research gives actionable insights to support a balance, ethically grounded framework that combines security and privacy to drive the field forward.

Keywords: Cybersecurity, Artificial Intelligence, Identity Protection, Smart Surveillance, Digital Personal Data Protection Act, GDPR, Privacy, Data Security, AI-driven Surveillance

AI IN COMBATING PHISHING AND SOCIAL ENGINEERING: A LEGAL PERSPECTIVE

AUTHOR – PREETI & DR. MOHIT KANWAR, LL.M. (MASTER OF LAWS)* & ASSISTANT PROFESSOR**, UNIVERSITY INSTITUTE of Legal Studies, Chandigarh University, Mohali, Punjab, India.

BEST CITATION – PREETI & DR. MOHIT KANWAR, AI IN COMBATING PHISHING AND SOCIAL ENGINEERING: A LEGAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 455-465, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Cyber threats like phishing and social engineering are very popular in India, where weak technical vulnerabilities are taking advantage of psychological vulnerabilities and thus causing financial and privacy losses. Conventional legal measures under the Information Technology Act, of 2000, struggle to catch up with the intelligent nature of these attacks, and AI has become a tool of paramount importance in cybersecurity. Machine learning, natural language processing, behavioural analytics, and other AI technologies can recognize phishing and manipulation in real-time—powerful solutions. But building AI systems to achieve these goals requires complicated legal and ethical questions, particularly around data privacy, accountability, and visiting regulatory compliance. Some of these concerns are addressed in India’s “Digital Personal Data Protection Act, 2023” (DPDPA), but they also need some AI-specific guidance. In this paper, I investigate how AI and the law intertwine in Indian cybersecurity, evident in the present legal terrain and global norms, and suggest reforms. We provide key suggestions for how a liability framework for using AI against cyberterrorism, transparent sharing of data within organizations, and formation of public-private partnerships for proactive, balanced AI in cybersecurity could be achieved. By taking these steps, India can harness the power of AI to fight cybercrime without compromising ethics and the law.

Keywords – Phishing, Social Engineering, Artificial Intelligence, Cybersecurity, Data Privacy, Information Technology Act, Digital Personal Data Protection Act, Machine Learning

COMMON EXPLOITATION OF TRADEMARKS IN INDIA

AUTHOR – EKTA SINGH* & AJAYMEET SINGH**,

*LLM SCHOLAR AT UILS, CHANDIGARH UNIVERSITY

** ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY

BEST CITATION – EKTA SINGH & AJAYMEET SINGH, COMMON EXPLOITATION OF TRADEMARKS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 450-454, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Trademarks are vital in today’s business world, helping companies build brand identities, establish consumer trust, and foster loyalty. In India, the rapid growth of commerce and the digital economy has led to both opportunities and challenges related to trademark protection. Trademark exploitation, through methods like counterfeiting, infringement, and unfair competition, has become a significant concern for businesses, consumers, and the economy at large. This paper explores the common forms of trademark exploitation in India[1], the legal framework designed to address these issues, and the challenges that remain in enforcing trademark rights effectively.

Trademark infringement, where a party uses a mark identical or confusingly similar to a registered Trademark, is one of the most prevalent forms of exploitation. Similarly, Counterfeiting, which involves the unauthorized manufacturing and selling of goods bearing a fake trademark, has contributed to significant economic losses, especially in sectors like Pharmaceuticals, fashion, and electronics. Cybersquatting- where individuals or entities register domain names that are identical to well-known trademarks in order to sell them for profit- is another growing issue, fueled by the rapid expansion of e-commerce.[2]

Parallel imports, the practice of importing genuine goods through unauthorized channels, and passing off, which involves one company copying another’s brand to confuse consumers, also undermine trademark owner’s rights. Moreover the phenomenon of dilution, where a famous trademark is used in unrelated businesses, weakens the distinctiveness of a famous mark through unauthorized uses that do not necessarily cause confusion but harm the brand’s identity.

Keywords: Trademark Infringement, Cybersquatting, Trade Marks Act, 1999,  Passing Off

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[1] Trade Marks Act, 1999, Ministry of Law and Justice, Government of India. The primary legal framework governing trademarks in India, it provides the procedures for registration, protection, and enforcement of trademark rights.

[2] Information Technology Act, 2000, Ministry of Electronics and Information Technology, Government of India. This law deals with cybercrimes, including cybersquatting, and regulates electronic commerce in India.

STRENGTHENING CONSUMER RIGHTS IN UGANDA: CHALLENGES AND SOLUTIONS

AUTHOR – TREVOR MUSINGUZI * & DR.SUNIL KUMAR**, *LL.M. (MASTER OF LAWS) & **PROFESSOR, UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI (PUNJAB).

BEST CITATION – TREVOR MUSINGUZI & DR.SUNIL KUMAR, STRENGTHENING CONSUMER RIGHTS IN UGANDA: CHALLENGES AND SOLUTIONS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 442-449, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction

Consumer rights enforcement plays a key role in ensuring fair treatment, quality products, and protection against exploitation in the marketplace. In Uganda, despite progress in developing consumer protection laws, turning these laws into effective actions remains a major challenge. The country’s rapidly growing market has exposed gaps between policy and real-life enforcement, leaving consumers vulnerable to unfair practices. Regulatory bodies like the Uganda National Bureau of Standards (UNBS) have been established to address these issues, but they face hurdles such as limited funding, lack of staff, and poor coordination with other agencies. These challenges weaken the enforcement process, often leaving consumer complaints unresolved. Moreover, many consumers are unaware of their rights, which further limits the impact of these laws. The diverse Ugandan market, filled with both local and imported goods, increases the risk of substandard products reaching consumers, especially with modern advertising on digital platforms complicating traditional consumer protection efforts. With the rise of online shopping and international goods, today’s consumers face a more complex landscape, making strong enforcement mechanisms crucial for maintaining trust and stability in the economy. Weak enforcement can lead to harmful products circulating in the market, causing financial losses and health risks. Counterfeit goods, such as fake medicines and electronics, are common due to gaps in enforcement. This study seeks to understand the current challenges in enforcing consumer rights in Uganda and proposes solutions to bridge these gaps. It examines the issues faced by regulatory agencies, the effectiveness of existing policies, and the impact of low consumer awareness.

Keywords: Consumer rights, enforcement mechanisms, market fairness, consumer awareness, legal protection, economic stability, Uganda, access to justice, regulatory framework.

RIGHTS OF CORPORATE EMPLOYEES IN UGANDA – AN APPRAISAL

AUTHORS –   KABANGO JOHNMARK* & DR. RAJIV BHALLA**, *LL.M (MASTER OF LAWS) & **PROFESSOR, UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH UNIVERSITY, MOHALI (PUNJAB).

BEST CITATION – KABANGO JOHNMARK & DR. RAJIV BHALLA, RIGHTS OF CORPORATE EMPLOYEES IN UGANDA – AN APPRAISAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 437-441, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This research paper examines the rights of corporate employees in Uganda, focusing on legal protections, labor standards, and the enforcement of these rights within corporate entities. It explores the historical and socio-economic context shaping labor rights in Uganda and evaluates the impact of current legislation on employee welfare. By analyzing key laws, including the Employment Act and Labor Unions Act[1], this paper highlights critical areas such as minimum wage, health and safety, anti-discrimination policies, and the role of labor unions[2].Through a comparative approach, the study also considers challenges in implementing these rights and offers recommendations to strengthen protections for Ugandan corporate employees[3] This paper aims to contribute to ongoing discussions on labor rights, aligning Ugandan standards with international benchmarks to foster fair and ethical corporate practices.

Key Words: Fundamental Employee Rights, Corporate Employment, Legislation.

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[1] See Employment Act 2006 and Labor Unions Act 2006, Cap. 1-2 (Uganda).

[2] International Labour Organization, “Global Labour Standards,” accessed November 7, 2024.

[3] Barya, J.J., The State of Labor Rights in Uganda (Kampala: Fountain Publishers, 2018), 45.