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Balancing Intellectual Property Rights And Public Health: An Examination Of Section 3(D) Of The Indian Patents Act
Sharmathi S, Christ University, Bangalore ABSTRACT The practice of patent evergreening, where drug innovators prolong monopolies by making incremental changes to established medicines, is a persistent threat to balancing intellectual property rights with public health needs. Section 3(d) of the Indian Patents Act, 1970, enacted as part of India's implementation of the TRIPS Agreement, is a unique legislative approach to this problem. By mandating demonstrable improvement in c
IJLLR Journal
Mar 32 min read
Parody As Fair Use: A Critical Legal Inquiry Across Copyright Regimes
Rikasha S, Christ University (School of Law), Bangalore ABSTRACT The digital landscape has elevated parody as a significant instrument for both social critique and artistic expression through memes and remixed videos and other user-created content. The rise of parody in user-generated social media content has led to a legal conflict between copyright holders' exclusive rights and user freedom of expression. Traditional copyright systems are facing difficulties when trying to
IJLLR Journal
Mar 31 min read
An Analysis Of Rampant Growth In Usage Of Virtual Assets In Terror Funding
Shubhayu Chakraborty, School of Law, Christ University ABSTRACT The emergence of cryptocurrencies has opened new avenues for terrorist outfits and crime syndicates to conduct illicit financial activities, ranging from terror financing and drug trafficking to human trafficking and corruption. Cryptocurrencies, particularly Bitcoin, offer decentralization, pseudo-anonymity, and global accessibility, making them highly attractive to groups seeking to evade traditional financial
IJLLR Journal
Mar 32 min read
Witness Protection Scheme Under BNSS
Tanvi, Army Institute of Law, Mohali ABSTRACT Witness protection constitutes a vital pillar of India’s criminal justice system, as the effective administration of justice depends upon truthful and fearless testimony. This Article examines the constitutional, statutory, and judicial framework governing witness protection in India. It begins by analysing the conceptual and legal understanding of a “witness” under the Bhartiya Sakshya Adhiniyam, 2023, and highlights the central
IJLLR Journal
Mar 31 min read
Piercing The Corporate Veil In Environmental Harm: Rethinking Corporate Social Responsibility
Jagriti Roy, LLM, ICFAI University, Dehradun. Dr. Ashish Kr. Singhal, Faculty of Law, ICFAI University, Dehradun. ABSTRACT The doctrine of piercing the corporate veil has long served as an equitable remedy to prevent shareholders from exploiting limited liability protections when corporate entities are used to perpetrate fraud or injustice. However, the application of this doctrine in environmental harm cases presents unique challenges that test traditional jurisprudential bo
IJLLR Journal
Mar 31 min read
Trademark Infringement In Cyberspace: Domain Name Disputes Under Indian Law
Vinothini. V BA LLB, LLM, VELS University (VISTAS) Pallavaram, Chennai Jaishree. K, BBA LLB (Hons), Crescent Institute of Science and Technology. ABSTRACT The exponential growth of the internet and digital commerce has transformed domain names into valuable commercial identifiers, often functioning as trademarks in cyberspace. This development has led to a surge in domain name disputes, particularly cases of cybersquatting, typo squatting, and unauthorized use of trademarks a
IJLLR Journal
Mar 32 min read
Justice After Sunset: Examining The Viability Of Night Courts In India
Huzefa Indonesiawala, BBA LLB, Bharati Vidyapeeth, New Law College ABSTRACT India’s judicial system continues to face an unprecedented backlog of cases, raising serious concerns about access to justice and the constitutional guarantee of a speedy trial under Article 21. While multiple reform measures have been introduced, delays remain deeply entrenched, particularly at the district and subordinate court levels. This article examines the concept of night courts as a supplemen
IJLLR Journal
Mar 21 min read
SEBI's 2025 Framework For Safer Retail Participation In Algorithmic Trading: An Evaluation Of Investor Protections, Regulatory Gaps, And International Comparisons
Abhirami M Soman, LLM, Christ (Deemed to be University), Bangalore ABSTRACT The fast-growing interest in algorithmic trading in India, which now accounts for over 60% of market activity, has significantly increased retail participation, especially among young and inexperienced investors. This increased involvement also puts these people at risk of the enhanced risks of opaque black-box algorithms, application programming interface (API), cybersecurity threats, and behavioural
IJLLR Journal
Mar 22 min read
Trademark Issues In The Pharmaceutical Industry: Look-Alike And Sound-Alike Risks
Keerthana N, LLM, Christ (Deemed to be University), Bengaluru ABSTRACT Medication safety is the basic principle of the healthcare system; however, errors caused by look-alike and sound-alike (LASA) drugs have been a continuous occurrence all over the world and have had a negative impact on patient safety. A LASA error is one in which drugs with similar packaging, labelling, or phonetic characteristics are mixed, and hence, the wrong prescription, dispensing, or administration
IJLLR Journal
Mar 22 min read
Right To Vote For Prisoners: A Public Survey Report
Mr. Ayush Kumar Singh, Amity Law School, Amity University Uttar Pradesh, Lucknow Campus Dr. Jyotsna Singh, Amity Law School, Amity University Uttar Pradesh, Lucknow Campus 1. Introduction The right to vote, often described as Universal Adult Franchise, has long been regarded as one of the most fundamental and perhaps the most defining features of a democratic system. At its core, democracy is built on the idea of popular participation in governance. This notion was famously a
IJLLR Journal
Mar 22 min read
Corporate Lobbying In Indian Governance: Analysing The Unregulated Power
Surbhi Kumari, Christ (deemed to be) University, Pune, Lavasa campus ABSTRACT Corporate Lobbying in Indian Governance is the act whereby the Industrial giants endeavors to affect the policies, decisions and laws of the Governments to their own benefits. In contrast to the countries where Lobbying has been triggered and controlled in legal framework, in India there is still no particular law that has been put in place to help in regulating the uncontrolled and sometimes obscur
IJLLR Journal
Mar 22 min read
Disease-Specific Legislation In Comparative Perspective: Examining HIV And Cancer Laws In India, Australia, And Japan
Deepanjali, Research Scholar, Sharda School of Law, Sharda University Dr. Mandeep Kumar, Professor, Sharda School of Law, Sharda University ABSTRACT The intersection of law and public health embodies how governments respond to disease burdens within their jurisdictions. Disease-specific legislation aims not only to manage clinical or epidemiological outcomes but also to protect human rights, reduce stigma, and ensure equitable access to care. This paper examines legal framewo
IJLLR Journal
Mar 21 min read
Regulation Of Flash Sales And Deep Discounting In India: Legal Challenges And Enforcement Gaps
Shreyas B Jakati, LL.M., (Corporate and Commercial Law), School of Law, Christ (Deemed to be University), Bangalore, India ABSTRACT E-commerce platform expansion and the setting up of consumer markets have been rapid in India. However this rapid growth has created several difficult legal and regulatory issues. Flash sales and various deep discounting practices to draw consumers and manipulate market share are some of the major issues. On one hand these strategies translate to
IJLLR Journal
Mar 22 min read
Principle Of Natural Justice In Algorithmic And Automated Decision–Making
Varun J Jangali, Christ University ABSTRACT This study provides a fundamental tension between algorithmic, automated decision-making systems and the principles of natural justice (PNJ), with special attention focusing on the Indian constitutional context, public sector organizations all over the globe use algorithms for making decision, those which directly influence human life, e.g., health care, law enforcement, and education. The paper proposes a different constitutional h
IJLLR Journal
Mar 21 min read
The ₹1 Trillion Illusion: IP Enforcement, FOMO, And India's Counterfeit Empire: A Multidimensional Analysis Of India's Counterfeit Crisis
Prashasti Bhatnagar, LLM (IPL), Christ University, Bangalore ABSTRACT The fear of missing out (FOMO) together with buying counterfeit goods and the enforcement of intellectual property (IP) laws in India is an area that requires thorough investigation. The present paper attempts to explain the extent to which FOMO, a psychological sensation which is heightened through the use of social media and e-commerce platforms, determines consumers' decision to buy counterfeit products.
IJLLR Journal
Mar 21 min read
Joint Dominance, Vertical Agreements, And Deep Discounts: Legal Gaps In CCI’s Oversight Of Digital Giants
Sneka E, LLM (Corporate & Commercial Law) at Christ Deemed University, Bangalore ABSTRACT The rapid growth of digital and online markets have resulted in many unexpected challenges in regulation of competition in the market. In India, the Competition Commission of India (CCI) has to respond to varieties of market power exercised by the digital market giants. This paper aims to identify and examine the legal and regulatory gaps in the enforcement of provisions regarding anti-c
IJLLR Journal
Mar 22 min read
Digital Assets And Proprietary Rights: A Cross- Border Study Of Cryptocurrency As Property In Comparative Jurisprudence
Pranav M. Khatavkar, Founder, Lexentra ABSTRACT This research paper examines the decision of the Madras High Court in Rhutikumari v. Zanmai Labs Pvt. Ltd. within the broader evolution of private law treatment of cryptocurrency in cross-border disputes. The judgment addresses the availability of interim relief in India in support of foreign-seated arbitration, the characterization of cryptoassets as property capable of proprietary protection, and the interaction between domest
IJLLR Journal
Mar 22 min read
Climate Change And Its Impact On Indigenous Communities
Shreya Ghosh, National Law University, Tripura Chapter 1: Introduction1.1 Background of the Study “For Indigenous peoples, climate change is not a distant threat—it is a lived reality that alters lands, waters, and ways of life that have sustained them for generations.” Climate change is the biggest global challenge we face now. It impacts not only various life forms on Earth but human civilization itself. As temperatures rise and rainfall patterns become unsettled, glaciers
IJLLR Journal
Mar 22 min read
Legal Responses To Phishing Fraud In India: An Analysis On The Emerging Challenges In Cyber Jurisprudence
Trisha M V, School of Law, CHRIST (Deemed to be University) ABSTRACT Cyber jurisprudence is the study of law related to computer-related crimes. Cybercrimes are of three types - crime against individuals, property and government. My article focuses on cybercrime against property which involves phishing fraud. Additionally, the role of AI adds fuel to the fire of phishing fraud. Phishing fraud has become a serious cyber threat in India due to the rapid growth of digital bankin
IJLLR Journal
Feb 282 min read
Constitutional Responses To Climate Change- A Comparative Study Of Environmental Rights And Judicial Approaches In India, The USA, And Germany
Shivani Selvakumar, LL.M., Gujarat National Law University, Gandhinagar. ABSTRACT Climate Change has started as an environmental problem, which now creates a major threat to human rights because it endangers human existence and health, livelihood, and intergenerational equity. While international agreements such as the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement set global obligations, yet their efficacy ultimately depend
IJLLR Journal
Feb 281 min read
Drawing The Line Between Malfeasance And Business Failure Under CIRP
Naimisa Madduri, Symbiosis Law School, Hyderabad ABSTRACT This paper critically looks at the fine line between malfeasance and actual business failure under the Corporate Insolvency Resolution Process (CIRP) by the Insolvency and Bankruptcy Code, 2016 (IBC). The IBC was not designed as a debt recovery mechanism since its creation was a reformative framework to advance timely resolution, value maximization, and revival of distressed entities. Nevertheless, the increasing tende
IJLLR Journal
Feb 281 min read
Normalization Of Corruption In India: An Empirical Study On Social Acceptance And Effectiveness Of Anti-Corruption Laws In India
Sandhiya. V, B. Com., LL.B. (Hons), Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai, India. Ms. T. Vaishali, B.A., B.L (Hons)., L.L.M. Assistant Professor of Law (Department of Criminal Law and Criminal Justice Administration) The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai, India. ABSTRACT Corruption as a crime has become a regularized action around the globalized world. As the world is experiencing a wide range o
IJLLR Journal
Feb 281 min read
Abolition Of Capital Punishment: A Critical Study Analysing Human Rights Concerns
Dheekshanya R, School of Law, Christ (Deemed to be University), Bangalore ABSTRACT The death penalty, or capital punishment, has been one of the most debated subjects in legal and moral discourse worldwide. Rooted in retributive justice, it has historically been justified as a deterrent to heinous crimes and as a means of delivering ultimate punishment for grave wrongdoing. However, with the rise of human rights jurisprudence and the consolidation of international legal norms
IJLLR Journal
Feb 282 min read
Barriers To The Bar: Examining The Legality Of Excessive Enrolment Fees In India
Ananya Pathak, Institute of Law, Nirma University ABSTRACT This article explores the topic of enrolment fees set by State Bar Councils in India and their effects on accessibility to the legal profession. It outlines the legal structure under the Advocates Act, 1961, especially Section 24, and emphasizes the marked difference between the established enrolment fees and the much larger sums imposed in reality throughout various states. The research examines the historical change
IJLLR Journal
Feb 281 min read
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