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Patentability Of Human Embryo, Gene And Other Life Forms: A Comparative Study Of Morality Clause On Patent Laws In India, EU And USA
Ananya U S, BBA., LLB (Hons.), Sastra Deemed To Be University, Thirumalaisamudram, Thanjavur - 613401. Dharanya V, BBA., LLB (Hons.), Sastra Deemed To Be University, Thirumalaisamudram, Thanjavur - 613401. ABSTRACT With the rising technological developments in the field of biotechnology with resulting biotechnology inventions the patentability of these inventions has always been controversial. The inventions in this field often raise ethical and legal questions. This paper en
IJLLR Journal
Dec 4, 20251 min read
Indentation Mark Evidence In Indian Criminal Trials: Admissibility, Reliability, And Judicial Evaluation
Vaanadhi. V, LL.M. (Crime & Forensics Law), SOEL (School of Excellence in Law), The Tamilnadu Dr. Ambedkar Law University ABSTRACT Indentation mark evidence is considered a crucial element in forensic toolmark examination and has grown in significance in a variety of criminal cases, including property crimes, violent crimes, and forgery. However, in Indian courts, where the problem of indentation marks is treated haphazardly and frequently inconsistently, its significant sign
IJLLR Journal
Dec 4, 20252 min read
Non-Conventional Single Colour Mark: Agnitio Legalis And Impedimenta
Varshini S, SASTRA Deemed University Kavimayil N V, SASTRA Deemed University ABSTRACT Colour is one of the significant things to be observed by the efforts. And hence it is more cautious about utilising this initial impression at the time of creating a business identity. Marks is that utilise at least one element to get a distinct and unique identity. Concerning production services are referred to as colour marks, and such marks are likely to be registered as single colour ma
IJLLR Journal
Dec 4, 20251 min read
Case Comment: Ramavatar Budhaiprasad Etc. V. Assistant Sales Tax Officer, Akola
Muskan Jain, UPES, Dehradun INTRODUDCTION The Ramavatar case was a landmark ruling by the supreme court that shaped the understanding of a very common yet most disputed term ‘Vegetable’. It all started with a question that whether betel leaves were to be considered as a vegetable for the purpose of tax under the statute of C.P and Berar Sales Tax Act, 1947. This question was considered as troublesome for a very long time for the Indian Tax Authorities and business therefore a
IJLLR Journal
Dec 4, 20251 min read
Disparities Of Exhaustion Doctrine
Smriti Gupta, National Law University, Delhi ABSTRACT This paper examines the inconsistent application of the exhaustion principle across different types of intellectual property rights—trademark, patent, and copyright. The exhaustion doctrine limits an IP holder’s control over a product after its first sale, but its application varies significantly across domains. These inconsistencies raise important questions about underlying legal rationales and affect the rights of consu
IJLLR Journal
Dec 4, 20251 min read
Arbitration As An Instrument Of Corporate Dominance: A Shield Against Accountability?
Farhat Sajad, B.Com ., CS (Executive) Candidate, LL.B. Candidate, School of Legal Studies, CMR University ABSTRACT Originally conceived as a quick and flexible alternative to litigation, arbitration has turned out to be increasingly an instrument of corporate dominance. Corporations have translated arbitration into a shield against public accountability and legal scrutiny by means of compulsory arbitration clauses, selective arbitrator appointments, and strident confidentiali
IJLLR Journal
Dec 4, 20251 min read
Between Consent And Control: The Constitutional Paradox Of The SMA
Nitish Sen, Birla School of Law, Birla Global University Atulya Shree Tripathi, Birla School of Law, Birla Global University ABSTRACT Indian people can marry across caste, community, or religious boundaries without converting or renunciating their faith thanks to the Special Marriage Act, 1954 (SMA), which was created as a progressive, secular substitute for religious personal laws. Seven decades after it was hailed as a constitutional victory for individual autonomy, the Act
IJLLR Journal
Dec 4, 20252 min read
Start Up Acquisitions And Corporate Restructuring – HUL And Minimalist
Muskan Jain, BA LLB, UPES, Dehradun ABSTRACT This paper examines the growth of startups in India’s consumer market, due to the changing market dynamics, consumer preferences and their agility and innovation facilitates this. It further discusses as to why these corporate giants are using startup acquisitions as one of their strategy to expand their business, consumer base and tech savvy. The case study of Hindustan Unilever Limited’s acquisition of Minimalist a leading D2C sk
IJLLR Journal
Dec 4, 20251 min read
Cross-Border Enforcement Of Trade Secrets In The Digital Economy: Challenges And Legal Innovations
Ishan Sharma, Gurugram University ABSTRACT After the advent of globalization world become more advanced in the context of technology, in the age of artificial intelligence things become more easier and fast when we talk about trade talks, companies doing their business deals, making agreements thought virtual mode which recognized by IT Act, 2000 apart from this when companies make their agreements the big question arises about confidentiality or data breach whether his confi
IJLLR Journal
Dec 4, 20251 min read
Case Comment: Sadhu Singh Vs. State Of Punjab Air 1984 SC 739
Ritul Nagarkar, Symbiosis Law School Nagpur INTRODUCTION FACTS The Supreme Court’s Landmark judgment of Sadhu Singh vs State of Punjab displays the intersection of the rules given under the Punjab Prison Manual and the executive instructions issued in 1971 and 1976 which override the rules given in the manual. The issue was whether the rules had statutory force, and such authorities had a power to amend the rules, and alter by executive instructions The remission rules were g
IJLLR Journal
Dec 4, 20252 min read
Evolution Of Marriage Under Hindu Law
Harshita Bairwa, Delhi Metropolitan Education, Noida INTRODUCTION According to Hindu law, marriage is a sacrament in the name of God, achieved by religious rites and the control of artha and kama through adherence to dharma. This is a result of the Hindu philosophy of life, which views marriage as a union of social and religious obligations. This sacrament is performed with vedic mantras and and rituals in order to own high character, moral and provide intellectual progeny fo
IJLLR Journal
Dec 4, 20252 min read
Evidentiary Constraints In Proving Crime Through Factum Probandum And Factum Probans
Akashitara Nath, UILS, Chandigarh University, Punjab Dr. Ravinderjeet Kaur, UILS, Chandigarh University, Punjab. ABSTRACT The accurate establishment of the factual occurrence of a crime, anchored in the evidentiary relationship between factum probandum (the fact to be proved) and factum probans (the evidence proving it), remains one of the most complex challenges in contemporary criminal adjudication. This research critically examines how courts navigate the evidentiary burde
IJLLR Journal
Dec 4, 20252 min read
Data Privacy, Artificial Intelligence And Health Rights: Legal Frameworks And Gaps
Harshita Bairwa, Delhi Metropolitan Education, Noida ABSTRACT The convergence of data privacy, artificial intelligence (AI), and health rights creates a complicated set of legal and ethical issues, especially as AI becomes more deeply embedded in healthcare. As AI-powered systems are used for diagnostics, individualized treatments, and health monitoring, they require extensive collection and analysis of personal medical data. This growing dependence on sensitive health inform
IJLLR Journal
Dec 4, 20252 min read
Matrimonial Mediation In Delhi: A Constitutional And Empirical Appraisal Of Systemic Deficiencies And Their Societal Impact
Mukul Sharma, PhD Scholar at Bennett University Dr. Vishal Sharma, Assistant Professor at Bennett University ABSTRACT This study examines, first, the structural and statutory stand of court-annexed mediation operating limited to the matrimonial jurisdiction of Delhi, second, its adequacy and constitutional alignment in practice. The study investigates the functioning of mediation centres established pursuant to laws like the Family Courts Act, and other matrimonial statutes.
IJLLR Journal
Dec 4, 20251 min read
The Role Of Article 21 In Protecting Human Rights In India
Trishraj Singh, Bennett University Janhavi Tiwari, Bennett University INTRODUCTION : Article 21 is a comprehensive framework for the protection of human rights as it provides social liberty, social justice, dignity in India and represents the constitutional guarantee that right to life and personal liberty is equally invaluable and given to all citizens. Article 21 is even more significant when we recognize that it does not only apply to Indian citizens, but to every person w
IJLLR Journal
Dec 4, 20252 min read
The Right To Notice Under Audi Alteram Partem: A Comparison Of India, The UK, And Canada
Qamrush Zehra, LLM, Gujarat National Law University, Gandhinagar ABSTRACT Audi alteram partem (i.e., "hear the other side") is a recognized principle of natural justice and an essential part of the structure to preserve fairness in administrative and judicial proceedings, as natural justice has evolved. The purpose of comparing the right to notice as a principle of Audi alteram partem in this paper is to explore how the right to notice has evolved and is applied in the legal
IJLLR Journal
Dec 4, 20251 min read
From Vision To Reality: Examining Gender Equality Through The Lens Of The Indian Constitution
Tanusha Mondal, B.A. LL.B. (H), Amity University Kolkata ABSTRACT The Indian Constitution is the premise of all the existing laws of the land justifying it being called as the supreme law of the land. As the largest democracy, the law of the land stands on the jurisprudence that supports equality and equity in all levels which includes gender equality as well. This article focuses on the current condition of the vision of the Constitution to have gender equality in the countr
IJLLR Journal
Dec 4, 20252 min read
Protecting AI Algorithms: Patents, Trade Secrets, And Licensing: A Comparative Legal Review
Pankaj Singh Karki, Chanakya National Law University Kavya Malik, Gujarat National Law University, Gandhinagar ABSTRACT Today, artificial intelligence is developing rapidly, and the existing Intellectual property frameworks are turning out to be insufficient to protect these AI innovations. Section 3k of The Indian Patent Act 1970 does not grant patents to ai related innovations, Copyright under The Copyright Act 1957 remains restricted due to its human authorship requirement
IJLLR Journal
Nov 30, 20251 min read
Copyright Challenges With Regard To Brain- Computer Interface
Ananya, SASTRA Deemed To Be University Yogashree, SASTRA Deemed To Be University ABSTRACT Neuralink and other brain-computer interfaces (BCIs) convert raw neural activity into artistic works, which raises basic copyright questions. BCIs are not only able to navigate the neural signals of a user's mental activity but they convert this neural input into drivable, tangible and artistic work, such as text, music, or digital art. When creative works are generated via the BCI, copy
IJLLR Journal
Nov 30, 20252 min read
Strengthening Legal Framework For Liability And Insurance For Maritime Accidents
Jeswino Justin, B. Com LL.B., Christ Academy Institute of Law, Bangalore Geethanajaly Surjith, BBA LL.B., Christ Academy Institute of Law, Bangalore ABSTRACT Frequent recurrence of maritime accidents in India posts a significant question of liability and insurance in maritime law. Considering the rapid growth in maritime trade and reported events of collisions, oil spills and cargo losses give rise to the pressing need of an adequate legal and institutional framework consider
IJLLR Journal
Nov 30, 20252 min read
The Legal Battel Over LGBTQ+ Adoption Rights: Challenging Discrimination, Re-Imagining Family, And Ensuring Every Child A Loving Home
Ankita Parida, Birla Global University ABSTRACT The legal struggle for LGBTQ+ adoption rights evidences an important intersection of constitutional equality, human rights, and child welfare policy. While international discourse increasingly acknowledges a variety of family structures, many legal systems insist on limiting adoption to heterosexual married couples through statutory language and policy interpretation. This exclusion perpetuates discrimination on the basis of sex
IJLLR Journal
Nov 30, 20252 min read
Cultivating The Future: Agriculture's Role In Achieving Sustainable Development Goals
Dr. Sonika Ahlawat, Assistant Professor, Department of Legal Studies, Trinity Institute of Professional Studies, Dwarka, New Delhi ABSTRACT A core objective of the United Nations' 17 Sustainable Development Goals (SDGs) is to ensure decent lives for all while preserving a healthy planet by 2030. However, many of the targets are likely to be missed, partly due to the lack of focus on human population growth. Agriculture stands at the heart of the United Nations' Sustainable De
IJLLR Journal
Nov 30, 20251 min read
Education In Prison: Does It Really Help In Rehabilitation Of Prisoners? An Indian Context
Harshita Bajaj, National Forensic Science University (NFSU) Delhi ABSTRACT Education has always played a major role in social justice as well as being a critical pillar of support for a country's growth and economy. Education for all, in principle, focuses on universal equality and freedom, to educate citizens equally, and fulfilling the promise of the right to education under Article 21E of the Indian Constitution. Today, there is one setting in which the question of educati
IJLLR Journal
Nov 30, 20251 min read
Institutional Conflicts In India: Consequences Of Hybridized Separation Of Powers
Taskeen Showkat, LL.M., Amity Law School, Amity University Noida, Uttar Pradesh ABSTRACT The separation of powers, a fundamental principle of democratic government, attaches each power to separate organs to enable checks and balances among the legislature, the executive, and the judiciary. The Indian Constitution, however, contrasts with this strict separation in that it presents itself as hybridist in the sense of overlapping functions and sharing responsibilities and intera
IJLLR Journal
Nov 30, 20251 min read
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