Category: Volume 3 and Issue 1 of 2023

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.

Assessing The Unlawful Activities (Prevention) Act, 1967 (UAPA) And Its Impact on Human Rights

Authors: Anmol Niranjan, Student of Institute of Law Nirma University

Best Citation – Anmol Niranjan, Assessing The Unlawful Activities (Prevention) Act, 1967 (UAPA) And Its Impact on Human Rights, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 409-416, ISSN – 2583-2344.

Abstract

The Criminal Law Amendment Act was passed by the British Raj in 1908, which is when the British Raj-era UAPA first appeared. In independent India, it was presented as a bill in 1966, and it was made into law in 1967. The 1967 amendment to the Act was made to handle organisations that supported separatist movements opposed to the integrity and sovereignty of the nation. The UAPA was the primary item of legislation to reduce the frequency of terror acts.

The present study analyses the UAPA and its effect on Human Rights. The researcher has discussed the statutory provision of UAPA and how they are interfering with Human Rights. According to government figures, there have been 72% more arrests made under the UAPA in 2019 than there were in 2015. Since the Act’s terms are stiffer and non-bailable than those of other criminal offences, it imposes unfair and unjustifiable restrictions on a person’s human rights. It cannot be disputed that anyone who opposes the existing government system may be subject to this act. The researcher further concludes that National security is of the utmost importance in preserving a nation’s sovereignty and integrity. A sovereign nation’s government must create strong anti-terror legislation that might defend the nation and its people against such attacks. To combat terrorist forces or external aggression perpetrated by any insurgency, the government of a sovereign nation must develop effective anti-terror legislation capable of defending the state and its people. The fundamental human rights protected by our Constitution and the Universal Declaration of Human Rights cannot be compromised by the unrestrained exercise of authority.

LIVING CONSTITUTION AND CONSTITUTIONALISM

Authors: PRIYANSHI JAIN, Student of DHARMASHASTRA NATIONAL LAW UNIVERSITY, JABALPUR

Best Citation – PRIYANSHI JAIN, LIVING CONSTITUTION AND CONSTITUTIONALISM, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 401-408, ISSN – 2583-2344.

ABSTRACT

This research paper is an analysis of the idea of ‘living constitution’, as a common feature of the constitutional practice in democratic countries. The main finding of this research is whether our constitution of India is a static or a living document. There seems to be different arguments in favour of as well as in against of this idea. So this research will come up with conclusion based on this.

India has a Constitution which is living, adapting, and changing, simultaneously invincibly stable and impervious to human manipulation. This research will find out whether our constitution of India is static or living document. And this research will analyse the different elements and aspects related to living constitution of India.

Constitutionalism is a concept based on the idea of restraining the power of Government through law of land and to promote the concept of limited government. This research will throw the light on this concept and will explain how constitutionalism has been achieved through constitution.

Now since this practice of constitutionalism is being challenged by various huddles and is being continuously declining. So this research will analyse those factors behind this. This research will also work upon the relation between living constitution and constitutionalism, whether they are interrelated and interdependent or not. Hence this research will come up with few findings on the basis of all these.

Ethical Standards for Lawyers in India: Legislative Counsel versus Advocate

Authors: Devika Gulati, Alumni of LLM in Drafting Legislation, Regulation, and Policy at the Institute of Advanced Legal Studies, University of London

Best Citation – Devika Gulati, Ethical Standards for Lawyers in India: Legislative Counsel versus Advocate, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 392-400, ISSN – 2583-2344.

Abstract

The aim of this article is to start a dialogue on the idea of an independent ethics’ code in a written form for the Indian legislative drafting community. For this purpose, I have compared the Advocates’ ethics enumerated in the Bar Council of India Rules, with the Legislative Counsel’s ethics, most of which are reflected in Indian academic writings and some find a general mention in the CCS Rules. This comparative analysis is done on the basis of the five dimensions introduced by Anne Seidman, Robert B Seidman and Nalin Abeyesekere, namely, I. Scope of Duties, II. Duty of Loyalty, III. Competence, IV. Confidentiality, and V. Terminating or Declining Instructions. It is observed that their ethical duties are glaringly similar. The similarity in ethics between the two professions aids the readers to imagine a separate written code for the Legislative Counsels, just like the one for Advocates, to help drafters solve several drafting dilemmas that may come their way