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Transparency V. Secrecy: A Comparative Study Of Patent And Trade Secret In The Pharmaceutical Industry
Sachin S, LLM, School of Law, Christ (Deemed To Be University), Bangalore ABTRACT The pharmaceutical industry stands at a key position in terms of protecting the health of the population, and at the same time, this industry is based on the need to use the protection of intellectual property to promote innovation and recover research and development costs. Patent and trade secrets are the two of the most important mechanisms that can be applied in the context of the pharmaceut
IJLLR Journal
Jan 172 min read
Customary Law Of Hill Tiwa Tribe Of Assam
Darshana Nath, Research scholar, Department of Juridical Studies, Mahapurusha Srimantra Sankaradeva Vishwavidyalaya, Guwahati Unit* Dr. Divakar Sharma, Assistant Professor and Research Guide, Department of Juridical Studies, Mahapurusha Srimantra Sankaradeva Vishwavidyalaya, Guwahati Unit ** ABSTRACT North-East India represents a mosaic of indigenous communities whose identities are shaped by distinctive histories, cultures, and normative systems. Among them, the Tiwa (earlie
IJLLR Journal
Jan 172 min read
Misuse Of Preventive Detention Laws In India: A Constitutionality Analysis Under Article 22
Deepanshu Chauhan, LL.M., SRM University, Delhi NCR. Dr Shalini Saxena, Associate Professor at SRM University, Delhi NCR. ABSTRACT Preventive Detention represents one of the most contentious powers vested in the most controversial powers vested in the state, as it authorises deprivation of personal liberty without trial. Unlike punitive detention, which follows the commission of an offence, preventive detention is based on the anticipation of future conduct. In India, prevent
IJLLR Journal
Jan 171 min read
Corporate Social Responsibility As An Instrument Of Transformative Constitutionalism In India
Malkar Chowdary Bhargavi, Advocate, Ananthapuramu, Andhra Pradesh ABSTRACT Corporate Social Responsibility (CSR) in India has evolved from voluntary philanthropy to a statutory obligation under the Companies Act, 2013, requiring certain corporations to spend at least 2% of their average net profits on specified social development activities. This article examines CSR as an instrument of transformative constitutionalism — the use of constitutional principles to engender deep s
IJLLR Journal
Jan 171 min read
Patent Governance In Outer Space: Ownership, Enforcement, And Legal Ambiguities
Gouri Krishna P K, LLM (Intellectual Property Rights and Trade Law), School of Law, CHRIST (Deemed to be University), Bengaluru Prof. Dr. Valarmathi. R, School of Law, CHRIST (Deemed to be University), Bengaluru ABSTRACT The introduction of commercialization in the outer space has created a lot of legal confusion regarding regulation of intellectual property rights outside the earth. The international space law, specifically the Outer Space Treaty of 1967, has been conceived
IJLLR Journal
Jan 172 min read
Current Legal Position On Conflicts Between Attachments Under The Prevention Of Money Laundering Act, 2002 And Moratorium Under Section 14 Of Insolvency And Bankruptcy Code 2016
Tanushvi Singh, Amity Law School, Noida INTRODUCTION The framework of the Indian legal system has witnessed friction between the two statutes enacted to serve competing purposes. On one side, there is Prevention of Money Laundering Act, 2002 (“PMLA”) which is a statute enacted to combat economic offences and prevent money laundering by enabling Enforcement Directorate (“ED”) to confiscate/ attach assets which are believed to be involved in money laundering as covered under th
IJLLR Journal
Jan 171 min read
From Policy To Practice: Legal Strategies Against Workplace Harassment
Brite Rose Rayma A, REVA University, Bangalore Osia Varghese, REVA University, Bangalore Chaithrashree KB, REVA University, Bangalore ABSTRACT Workplace harassment remains a persistent challenge across industries, impacting employee well-being, productivity, and organizational culture. While legal frameworks exist to address harassment, gaps in implementation often limit their effectiveness. This article examines the evolution of legal responses to workplace harassment, highl
IJLLR Journal
Jan 171 min read
Merging The Intangibles: Trademark, Goodwill And The Legal Battles Of Brand Value In Indian M&A
Anika Ballal, Symbiosis Law School, Pune Sannidhi Sawant, Symbiosis Law School, Pune ABSTRACT The modern knowledge-based economy has witnessed the worth of a corporation being derived mainly in terms of its intangible assets, where trademarks and goodwill have become the prime movers behind merger and acquisition (M&A) policies. This article discusses merger and acquisition's intangible assets in the Indian context within the framework of legal and commercial environments. Co
IJLLR Journal
Jan 171 min read
Between Convergence And Consistency: Assessing India’s Arbitration Regime Through A Comparative Lens With Singapore And The United Kingdom In The Energy Sector
Brahmpreet Singh, O.P Jindal Global University Part I Introduction and Background Arbitration has emerged as the main tool of settling transnational business disputes. Its legitimacy is based on party autonomy and enforceability, which are essential in energy and infrastructure contracts where investment and sovereign regulation overlap. The Arbitration and Conciliation Act 1996 of India was adopted to bring the local legislation into par with the UNCITRAL Model Law 1985 and
IJLLR Journal
Jan 171 min read
Re-Evaluating The Trafficking Lens: A Critique Of The Bharatiya Nyaya Sanhita (BNS) And Its Implications For The Bedia Community
Ms. Priyamvada Bhargava , Research Scholar – JLU School of Law, Jagran Lakecity University, Bhopal Dr. Sachin Rastogi , Dean & Professor – JLU School of Law, Jagran Lakecity University, Bhopal ABSTRACT The introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS) represents a significant departure from colonial penal legislation. However, this essay contends that its handling of sexual exploitation and trafficking reveals a continuance of carceral logic, especially in its effec
IJLLR Journal
Jan 161 min read
Mass Incarceration And Prison Reforms In India
Sharvari Sorte , MIT-WPU CHAPTER 1 : BACKGROUND AND CONTEXT 1.1 Introduction The phenomenon of mass incarceration is becoming a rapid issue within the global criminal justice system. This has raised concerns about aspects such as human rights, social justice and the role of prisons in shaping the modern society. This concept first originated in the United States where rates of incarceration are among one of the highest in the world. Nevertheless India too is facing such chall
IJLLR Journal
Jan 162 min read
Judicial Review Of Administrative Inaction In India – The Proportionality Test Vs.The Wednesbury Test
Bhakti Savith Salian, BA.LLB (Hons.), Chettinad School of Law R.A Rohith, BBA.LLB (Hons.), Chettinad School of Law ABSTRACT A modern democracy premised upon the principle of the rule of law entrusts the administrative authorities with broad discretionary powers to operationalise statutory objectives and to administer public duties. However, when the administrative bodies fail or refuse to act on an obligation, then such inaction and discretion would be amenable to judicial re
IJLLR Journal
Jan 161 min read
The Aravalli Reclassification: Analyzing The Legislative Implications Of The Supreme Court’s Unified Definition
Aditi Singh, Faculty of Law, Jai Narain Vyas University Tanveer Khan, Faculty of Law l, Jai Narain Vyas University I. Introduction The Aravalli Range, one of the world's oldest geological formations, acts as the primary ecological sentinel for Northwest India. Extending approximately 692 kilometres from Gujarat to Delhi, it serves as a formidable natural bulwark, curbing the eastward expansion of the Thar Desert and mitigating the impact of dust storms on the Indo-Gangetic pl
IJLLR Journal
Jan 161 min read
Addressing Sexism In India - Through Sofia’s Lens In The Film The Color Purple
Prrisha Jain, Jindal Global Law School First most, when we think of sexism, what do we mean? One might typically say gender based discrimination that pertains in our society but is it just that? Sexism is something that does not just exist in a particular society, but throughout all societies and all over the world and its effect has been felt over years and years. Particularly in India, sexism persists at its peak due to intersections of caste, class and patriarchy. The Colo
IJLLR Journal
Jan 162 min read
Rethinking Trademark Protection Beyond Visual Marks
Naina Kushwaha, Ph.D. Scholar, School of Law, GD Goenka University ABSTRACT Trademark law primarily protects signs that help consumers identify the source of goods and services. Traditionally, this protection has focused on visually perceptible marks such as words, logos, and symbols. However, contemporary branding practices increasingly rely on non-visual elements including sound, shape, scent, and motion to distinguish products and services in the marketplace. These develop
IJLLR Journal
Jan 161 min read
Comparative Statistical Analysis Of Health Index Of Smokers In Kolkata: Understanding The Significance Of Anti-Smoking Law Implementation To Get Better Breaths Tomorrow
Supriyo Acharya, Lecturer, Department of Zoology, Seth Anandram Jaipuria College, Kolkata. Banalata Das, Lecturer, Department of Commerce, Seth Anandram Jaipuria College, Kolkata. Debaleena Dutta, Lecturer, Department of Commerce, Seth Anandram Jaipuria College, Kolkata. Biswadeb Banerjee, Lecturer, Department of Statistics, Seth Anandram Jaipuria College, Kolkata. ABSTRACT Smoking is one of the most significant avoidable causes of morbidity and premature death in the world,
IJLLR Journal
Jan 151 min read
The Business Of Binge-Watching: Platform Power And The Netflix–Warner Bros. Merger
Meher Srivastava, National Law Institute University, Bhopal ABSTRACT The acquisition of Warner Bros.’ by Netflix raises important questions for the application of Indian competition law to digital entertainment markets. In the over-the-top sector, competitive advantage is increasingly shaped by control over content, data, and distribution, rather than by price alone. The transaction is assessed under the Competition Act, 2002, with particular attention to the jurisdictional r
IJLLR Journal
Jan 151 min read
Victim Rights And The Constitution Of India: Constitutional Accountability And Redress Mechanisms
Wasif Rahman Khan, Research Scholar, Chanakya National Law University, Patna ABSTRACT Victims of crime in India often discover that the criminal case can move forward while their own recovery stands still. Police investigation and court hearings may continue, but the victim still has to manage medical bills, time away from work, fear of retaliation, and social pressure—usually without structured support from the State. This paper argues that a stronger victim-centred response
IJLLR Journal
Jan 151 min read
Gender Diversity - Role Of Women In Corporate Governance: An Analytical Study Of Global And Indian Perspectives
G. Sri Ramya, Christ (Deemed to be University), Bangalore. ABSTRACT Gender diversity in the corporate sector is important for productive, ethical, and sustainable business leadership. Legal frameworks like the Companies Act, 2013, and SEBI rules have notably increased women's presence on corporate boards in India. Women now hold about 18 to 19% of directorships among listed companies. Internationally, developed economies achieve better gender balance, with women occupying aro
IJLLR Journal
Jan 152 min read
Hostile Takeovers Under Indian Law: Is This A Possibility?
Om Radheshyam Nishad, Pursuing Post Graduation - GLC, Mumbai BLS LLB Graduate from Adv. Balasaheb Apte College of Law ABSTRACT This paper examines the question of whether hostile takeovers are really possible under the Indian law. The paper contends that it is not only about legal barriers that the limited number of hostile takeovers can be explained. It points out that Indian takeover law is mainly a set of rules for acquisition but does not go so far as to endorse hostile b
IJLLR Journal
Jan 151 min read
Legal Strategies For Harnessing Artificial Intelligence To Promote Environmental Sustainability
Dr. Arneet Kaur, Assistant Professor, Guru Nanak Dev University, Department of Law, Amritsar Ms. Alka Rani, Assistant Professor, Rayat Bahra Professional University, Hoshiarpur ABSTRACT Artificial intelligence (here in after referred as AI) is quickly turning into a force of transformative change toward the achievement of environmental sustainability by amalgamating data analytics, predictive, modelling, and automation. AI has shown its ability to improve efforts in combating
IJLLR Journal
Jan 151 min read
Aesthetic Meets Antitrust: Luxury Brands And Fast Fashion In The Global Market Through The Lens Of Competition Law
Deshika Raj D, LLM, School of Law, Christ (Deemed to be University), Bengaluru, India ABSTRACT The purpose of this paper is to examine the intersection of aesthetics, luxury brands and anti-trust in the fashion industry, with a specific focus on the dominance of the luxury brands and their suppression of fast fashion competitors. By analyzing the situation within the framework of the competition law, the study investigates the branding, intellectual property rights, and the e
IJLLR Journal
Jan 152 min read
Beyond The Balance Sheet: A Socio-Legal Excursion Of The Pre-Slated Convention Of Trespassing Process And Its Effect On Workplace Employees Of MSMEs In India
Goutam Doddamani, Christ (Deemed to be University) ABSTRACT The article presents a strict analysis of socio-legal issue of the pre-packaged insolvency resolution process (PPIRP) of India in the Micro, Small, and Medium Enterprises (MSME) employees. The evidence on the PPIRP to date is almost exclusively on economic efficiency with a significant gap in research related to the welfare of employees in the so-called debtor-friendly model. Having adopted the doctrinal and comparat
IJLLR Journal
Jan 151 min read
The Algorithmic Advantage: AI-Driven Insider Trading And Regulatory Gaps In Indian Regulation
Anoushka Sinha, B.A.LL.B., KPMSOL, NMIMS Mumbai ABSTRACT With the help of artificial intelligence (AI) and machine learning (ML), the way financial markets operate is being changed significantly, especially in the areas of information handling and decision-making. This paper studies how the use of autonomous trading algorithms has led to such forecasts that they can be mistaken for the effects of Unpublished Price Sensitive Information (UPSI), thus raising a big regulatory qu
IJLLR Journal
Jan 152 min read
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