Category: Volume 5 and Issue 13 of 2025

THE NEXUS OF TRADEMARKS AND DOMAIN NAMES: A LEGAL AND STRATEGIC ANALYSIS FOR BRAND OWNERS

AUTHOR – SHWETA ANAND, STUDENT AT AMITY LAW SCHOOL, PATNA

BEST CITATION – SHWETA ANAND, THE NEXUS OF TRADEMARKS AND DOMAIN NAMES: A LEGAL AND STRATEGIC ANALYSIS FOR BRAND OWNERS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 118-129, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper addresses the fundamental conflict inherent at the nexus of trademark law and the Domain Name System (DNS), analyzing how the “first-come, first-served” technical nature of domain registration inherently clashes with intellectual property rights based on source identification and use in commerce. The resultant friction point—largely manifested through cybersquatting and its variations—necessitated the development of specialized enforcement architectures. The investigation provides an expert strategic analysis of the two dominant, yet distinct, dispute resolution avenues available to brand owners: the global, administrative Uniform Domain-Name Dispute Resolution Policy (UDRP) and the national, judicial Anti cyber squatting Consumer Protection Act (ACPA). The study demonstrates that effective brand protection necessitates a coordinated, multi-jurisdictional approach, strategically leveraging the speed of the UDRP for rapid domain recovery and the deterrence power of the ACPA for statutory damages and comprehensive injunctive relief.Finally, the paper assesses emerging strategic threats, particularly the increasing administrative complexity imposed by new generic Top-Level Domains (gTLDs) and the critical governance vacuum created by decentralized Blockchain Domain Name Systems (BDNS) , offering crucial foresight for future brand defense strategies.

Background: The Conceptual Dissonance Between Trademarks and Domains

EMBEZZLEMENT AND BUDGET MISUSE IN PRIVATE INSTITUTIONS: CAUSES AND PREVENTION

AUTHOR – MR. SIDDHARTH BANKAL & MR. MRUTYUNJAY SARAMANDAL

STUDENTS AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – MR. SIDDHARTH BANKAL & MR. MRUTYUNJAY SARAMANDAL, EMBEZZLEMENT AND BUDGET MISUSE IN PRIVATE INSTITUTIONS: CAUSES AND PREVENTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 130-138, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study investigate the problems of embezzlement and misuse of funds in private companies, explored by the lenses of company law and corporate governance. The paper discusses the pervasiveness of unethical activities like fraudulent invoicing, ghost employees, and accounting manipulation, which tend to flourish when internal controls are lacking and board-level monitoring is deficient. In addition, the study highlights the deficiencies inherent in the company law of India, including the limited enforcement of fiduciary obligations, the lack of adequate independence of audit panels, and the limited protection for whistleblowers. Through the inclusion of comparative studies from the United States’s Sarbanes-Oxley Act, the UK Corporate Governance Code, and the OECD Principles of Corporate Governance, the study shows that strong compliance systems and liability mechanisms can significantly reduce the likelihood of misconduct.

The research adopts a doctrinal and comparative methodology as it is based on statutes, judicial precedents, academic commentary and international best practices. Findings suggest that while India’s corporate law framework criminalises fraud and mandates financial transparency, it still lacks a lot in terms of enforcement.

SIGNIFICANCE OF MEETINGS IN THE EFFECTIVE GOVERNANCE OF THE COMPANIES: WITH SPECIAL REFERNECE. TO AGM & EGM UNDER COMPANIES ACT, 2013

AUTHOR – MR. MRUTYUNJAY SARAMANDAL & MR. SIDDHARTH BANKAL

STUDENTS AT HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

BEST CITATION – MR. MRUTYUNJAY SARAMANDAL & MR. SIDDHARTH BANKAL, SIGNIFICANCE OF MEETINGS IN THE EFFECTIVE GOVERNANCE OF THE COMPANIES: WITH SPECIAL REFERNECE. TO AGM & EGM UNDER COMPANIES ACT, 2013, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 138-146, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the role of company meetings—principally Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs) in strengthening corporate governance under India’s Companies Act, 2013. It analyses statutory provisions, procedural mechanisms, and participatory tools such as proxy voting and electronic voting, and assesses how these institutions shape accountability, transparency, and board-shareholder relations. Drawing on doctrinal analysis of the Act, regulatory circulars, tribunal decisions, and empirical studies on shareholder participation, the study identifies persistent gaps: low retail turnout, procedural non-compliance, and technology-driven inclusion challenges.

The paper argues that meetings function not merely as formalities but as essential governance forums when supported by clear disclosure, robust procedural safeguards, and inclusive e-participation measures. Practical recommendations include standardized proxy disclosures, mandatory accessible e-participation facilities, limits on aggregated proxy authority, and targeted enforcement to ensure substantive deliberation. By situating AGMs and EGMs within a framework of fiduciary oversight and minority protection, the paper contributes to policy debates on aligning statutory meeting architecture with real-world governance outcomes. The findings inform regulators, company secretaries, and scholars seeking to enhance the deliberative quality and democratic legitimacy of corporate meetings. The study further recommends periodic independent reviews of meeting practices and empirical monitoring of reform impacts, consistently over time.

Keywords: Annual General Meeting; Extraordinary General Meeting; corporate governance; Companies Act, 2013; e-voting; proxy voting; shareholder participation.

JOHN DOE ORDER

AUTHOR – PRIYANSHU RAJ, STUDENT AT AMITY UNIVERSITY

BEST CITATION – PRIYANSHU RAJ, JOHN DOE ORDER, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 153-155, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:-

This paper is about the john doe order a legal remedy permitting the court to issue temporary injunctive or other orders against unidentified and anonymous persons who indulge in work of piracy.

 In this article we would get to know about the historical background of john doe order and how different countries adopted the john doe order .and what is its function and under what circumstances the john doe order is applicable conditions for john doe order is granted by the court in India. And how it is an important order in intellectual property rights.  Cases in which this order is used in Indian courts.

Keywords:- john doe order, Intellectual property rights, Anton Piller order, Ashok Kumar order, Copyright infringement, enforcement of IP rights, Anonymous defendants, Trademark protection

IP CHALLENGES IN 3D PRINTING AND ADDITIVE MANUFACTURING

AUTHOR – PALAK RAJ, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – PALAK RAJ, IP CHALLENGES IN 3D PRINTING AND ADDITIVE MANUFACTURING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 147-1515, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The rapid growth of 3D printing, also known as additive manufacturing (AM), has transformed industries by enabling on-demand, decentralized, and highly customized production. While this technology democratizes manufacturing and fosters innovation, it simultaneously disrupts existing intellectual property (IP) frameworks. Traditional IP systems were designed for tangible, centralized manufacturing, not for digital file-based, user-driven production. This research paper explores the legal, technological, and ethical challenges 3D printing poses to patent, copyright, design, and trademark law. It also examines the limitations of current legal structures, evaluates international responses, and proposes potential solutions for balancing innovation with IP protection in the digital manufacturing era.

Keywords: 3D Printing, Additive Manufacturing, Intellectual Property, Patent Law, Copyright, Design Rights, Digital Files, Legal Challenges.

CIVIL AND POLITICAL RIGHTS: A COMPARATIVE ANALYSIS OF DEMOCRATIC AND NON-DEMOCRATIC STATES

AUTHOR – AKSHAY MAHAVIRA, STUDENT AT AMITY LAW SHOOL PATNA

BEST CITATION – AKSHAY MAHAVIRA, CIVIL AND POLITICAL RIGHTS: A COMPARATIVE ANALYSIS OF DEMOCRATIC AND NON-DEMOCRATIC STATES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 115-117, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper investigates the fundamental differences in civil and political rights protection between democratic and non-democratic (authoritarian, autocratic) states. By analyzing both structural governance mechanisms and real-world policy outcomes, the study highlights how the rule of law, separation of powers, transparency, and public participation make democracies distinct in safeguarding rights. In contrast, the concentration of power, limited accountability, and systemic repression characterize authoritarian regimes. Comparative case studies from diverse regions augment theoretical perspectives, underscoring how the type of political system affects not only legal guarantees but also daily experiences and development prospects for citizens. The findings illuminate the critical role of democratic institutions in upholding civil and political rights and suggest strategic approaches to strengthening rights worldwide.

IMPACT OF GLOBALIZATION AND LIBERALISATION ON INDIAN COMPANY LAW

AUTHOR – ASHRAF RAJA, STUDENT AT AMITY UNIVERSITY, AMITY UNIVERSITY, PATNA

BEST CITATION – ASHRAF RAJA, IMPACT OF GLOBALIZATION AND LIBERALISATION ON INDIAN COMPANY LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 105-114, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The liberalization and globalization of the Indian economy have greatly affected company law and its application in India. India has transitioned from a controlled, closed economy to a liberalized economy aiming for global integration. The reforms focused on removing barriers to trade, foreign investment, and export promotion in India and aimed to make Indian companies competitive in domestic and international markets. All of this required a complete restructuring of the legislative framework governing companies in India to ensure conformity with international standards of corporate governance and adherence to practices that promote transparency and accountability. The Companies Act of 1956, which governed company matters for decades, became increasingly inadequate in dealing with the corporate requirements under the liberalized regime. As a result, the Companies Act of 2013 was enacted, reflecting the need for modernization and important changes in various corporate features such as corporate social responsibility, independent directors, and one-person companies, as well as better disclosure norms. Overall, the law seeks to strengthen investor protection, attract foreign direct investment, and enhance corporate governance in line with international practices and standards. Globalization has also led to the convergence of company law with International Financial Reporting Standards (IFRS) and International Accounting Standards (IAS), ensuring an economy more aligned with global practices. These changes have ensured that the accounts of Indian companies are well presented, following IFRS, and are more comparable on a global level. The role of the conducting and supervising agencies has also become significant and requires stringent compliance with the new rules along with the listing agreements set forth by the Securities and Exchange Board of India (SEBI), National Company Law Tribunal (NCLT), National Financial Reporting Authority (NFRA), and other regulatory bodies. The researcher tries to find out how globalization and liberalization have transformed Indian company, especially through reforms like companies Act,2013 to align international standards, improve corporate governance and attract foreign investment

Keywords: Globalization, Liberalization, Indian Company Law, Companies Act 2013,

GI AND CULTURAL APPROPRIATION : EMERGING FAULTLINES IN IPR

AUTHOR – SHREYASEE BANGA, STUDENT AT ARMY INSTITUTE OF LAW, MOHALI

BEST CITATION – SHREYASEE BANGA, GI AND CULTURAL APPROPRIATION : EMERGING FAULTLINES IN IPR, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 90-104, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Geographical Indication (GI)  is a form of Intellectual Property which identifies goods having special geographical origin and possesses qualities or a reputation that are due to that place of origin. They not only protect the economic value of goods but also act as preservers of culture and heritage. With the rapid pace of Globalization, expanding markets and facilitating cross-border trade, tensions exists between GI protection and the issue of cultural appropriation. Cultural Appropriation occurs through misuse, commercialization or re-interpretation of traditional goods without any acknowledgement of their origin or compensation.  This raises questions about the adequacy of IPR laws to safeguard cultural heritage. This article analyses intersection of IPR, specifically GI law with the issue of  Cultural appropriation. It also explores international agreements, mainly TRIPS & Lisbon Agreement and national law, namely Indian GI Act, 1999. Case studies such as disputes over Darjeeling tea, Basmati Rice, Kolhapuri Chappals and Prada illustrates the glaring limitations of current GI laws in preventing cultural misrepresentation and appropriation. The article argues that emerging fault lines stem from cross-border disputes, digital reproduction, e-commerce exploitation, & commercialization. To address these shortcomings, the article proposes integration of GI with Traditional Cultural Expressions protection, Sui Generis laws for indigenous communities and strengthening enforcement and community participation. Ultimately, IPR requires a re-evaluation to ensure that the legal system goes beyond mere name-based protection and establishes the rights of traditional communities to control their heritage and culture.

KEYWORDS : Geographical Indication (GI) , Intellectual Property Rights (IPR), Cultural Appropriation, Traditional Cultural Expressions (TCE) , Sui Generis Laws.

ROLE OF COPYRIGHT LAW IN PROTECTING EDUCATIONAL MATERIAL

AUTHOR – RAUSHAN KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – RAUSHAN KUMAR, ROLE OF COPYRIGHT LAW IN PROTECTING EDUCATIONAL MATERIAL, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 82-89, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Education has long stood as a fundamental driver of human advancement, consistently shaping society and fuelling innovation. In today’s rapidly evolving landscape, the boundaries of learning have stretched far beyond conventional classrooms and libraries, embracing online platforms, interactive applications, video lectures, and AI-powered tools. Amidst this digital surge, a significant challenge emerges: safeguarding the rights of content creators while ensuring equitable access to knowledge for learners^[1]. This discussion investigates the critical function of copyright law in maintaining this balance, underscoring its ongoing relevance within educational systems. A historical lens—from the advent of the printing press and England’s Statute of Anne to the development of India’s Copyright Act of 1957^[2]—reveals copyright’s persistent role in protecting intellectual output, whether textbooks, scholarly articles, instructional videos, or lesson plans. Central to copyright are structured exceptions such as “fair use” and “fair dealing,” which aim to facilitate educational activities without undermining creators’ interests. The underlying philosophy of copyright centres on two objectives: recognizing and compensating creators for their contributions, while also preserving the unimpeded flow of knowledge essential for learning and innovation. Additionally, the concept of moral rights—ensuring proper attribution and safeguarding the integrity of original works—highlights the ethical dimensions of copyright in academic contexts. The complexities of copyright infringement, particularly regarding “substantial similarity,” present ongoing challenges. Distinguishing between protected expression and general ideas is especially nuanced in education, where content overlap is both common and, at times, necessary. The digital era has intensified these complexities, allowing for the instantaneous duplication and distribution of resources and prompting new questions surrounding AI-generated content, digital libraries, and open educational resources (OERs). While technological measures such as watermarking, digital rights management, and controlled digital lending offer partial solutions, there remains a pressing need for clear legal frameworks and updated licensing models. Looking ahead, this analysis advocates for policies that broaden educational exceptions, foster open access, and promote international harmonization of copyright standards. Effective collaboration among policymakers, educators, creators, and technologists is essential to strike a sustainable balance between access and protection, particularly within the rapidly expanding domains of AI and online education.

Keywords: policymakers, watermarking, digital rights, innovation, complexities

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[1] India. Copyright Act, 1957, No. 14, Acts of Parliament, 1957.

[2] Patterson, L. R. (2012). Copyright in historical perspective. Oxford University Press.

PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA

AUTHOR – ABHISHEK KUMAR, STUDENT AT AMITY UNIVERSITY PATNA

BEST CITATION – ABHISHEK KUMAR, PATENT LAW AND PUBLIC HEALTH: ACCESS TO MEDICINES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 76-81, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The tension between intellectual property rights and public health stands as one of the defining dilemmas of our era. Patents, while intended to incentivize innovation—particularly in pharmaceuticals—often have the unintended consequence of restricting access to essential, life-saving medicines. Elevated prices, patent monopolies, and supply chain barriers routinely leave millions, especially those in low- and middle-income countries, without the treatments they need. Within this global landscape, India holds a pivotal position; as a leading producer of affordable generic medicines, it serves as an indispensable resource for nations facing significant health challenges. This study critically examines the global crisis of access to medicines, illuminating the persistent gap between pharmaceutical innovation and public availability. Diseases such as malaria, tuberculosis, dengue, and HIV continue to disproportionately impact the world’s most vulnerable populations, yet market priorities tend to favour profit over pressing health needs. The analysis addresses key aspects of patent law, including the rationale and inherent challenges of granting exclusivity, as well as international frameworks—most notably the TRIPS Agreement—that govern the accessibility of medicines worldwide. In the Indian context, measures such as Section 3(d) of the Patents Act, compulsory licensing, and parallel importation have played a significant role in curbing practices like “ever greening” and ensuring the supply of affordable drugs. The strength of India’s generics industry has, in effect, contributed to saving millions of lives internationally. Further, the study assesses the responsibilities of the pharmaceutical sector, weighing the ethical imperative to balance profit motives with public welfare. It also explores emerging legal and technological solutions, including patent pools, voluntary licensing, advancements in AI-driven drug discovery, and open-source initiatives. Policy recommendations centre on maintaining legal flexibilities, fostering research for neglected diseases, leveraging technological developments, enhancing regulatory oversight, and expanding access to affordable healthcare.

Key words: incentivize, pharmaceuticals, leveraging, pivotal, dilemmas