Journal of Intellectual Property Rights (JIPR)

Analysis of Recent Trends in Geographical Indication Registrations in India

2024-06-20T15:56:15+0530

The handicraft industry plays a crucial and significant role in the country’s economy. It provides substantial employment opportunities for artisans in rural and semi-urban areas and contributes significantly to the nation’s foreign exchange earnings. Additionally, it plays a vital role in preserving our diverse cultural heritage. In India, Geographical Indication (GI) has emerged as an important aspect of intellectual property rights. GI acts as a powerful tool for preserving and recognizing the commercial value of unique products and their associated traditional knowledge. While GI certification has the potential to rejuvenate the handicraft sector, it is essential to recognize that viewing it solely as an intellectual property element could pose risks to the industry’s interests. This study provides an overview of the current status of registered GIs in India and highlights the total registration of GIs in the handicraft industry.

Implanting Sui-Generis Regime on Folklore Protection in India: A Study from Perspective of Copyright Law

2025-05-15T12:43:18+0530

Folklore expressions are vital to a nation’s cultural heritage. In addition to being an important source for historical writing, folklore helps to preserve and comprehend a community’s cultural values. The international community has been prompted by this significant achievement to address the unique needs of traditional communities and safeguard folklore expressions against exploitation and unauthorized use. For a country rich of culture, like India, it has become prominent to protect its cultural assets against the ink of commercial exploitation which not only causes economic loss but cultural loss as well. Despite the international community recognizing the urgent need to protect folklore against unauthorized use, the inadequate nature of existing legislations, such as copyright law, has been pointed out. It is noteworthy that while the global community has called for the adoption of a sui generis regime to protect folklore, India still remains yards away from adopting one such regime. In this regard, China, one of the BRICS member states, has played a remarkable role by adopting ‘Law of the People's Republic of China on Intangible Cultural Heritage’ (hereinafter referred to as ICH Law) which came into force in 2011. So far India is concerned; the country lacks a sui-generis law on the lines of Model provisions for folklore protection. With the ongoing susceptibility of folklore to exploitation, traditional community members have no choice but to rely on the existing intellectual property regime, which often fails to provide adequate protection. Herein, the need of adopting a sui-generis regime for folklore protection in India arises.

Liability of Artificial Intelligence System: A Bibliometric Study of Current and Emerging Trends (2011–2024)

2024-12-09T15:04:55+0530

The Integration of Artificial intelligence across the various sector such as Transportation as Autonomous vehicle, Business, education and healthcare has introduced the remarkable efficiencies such as data interpretation, data analysis, predictive analysis and Advance decision making, however it also purposed the unprecedented Legal issues. The Artificial intelligence system has become autonomous and obtained the capability of self decision making from the data. These advances of the AI system challenged the various aspect of Legal framework such as Insurance policy, intellectual property in AI and the Liability in case fault. The question of liability has become pressing concern because the Black box nature of AI and the involvement of various stakeholder complicated the assignment of legal responsibility in case of Failure. The present study aimed to investigate the research landscape including the knowledge, emerging area and the trends available in the literature on the Artificial intelligence liability. This research adopted the Bibliometric analysis methodology using the R software Biblioshiny Package, the analysis conducted on Liability focused studies related to artificial
intelligence from timespan of 2011-2024. A total 154 document were obtained from the scientific databased SCOPUS and Web of Science after rigorous manual review of keywords “Liability and Artificial intelligence” in Title and abstract. This study employed the several analyses on the data including growth of research area, leading document, distribution of studies by the author, leading county, collaboration network, trend topic and factorial analysis. The finding indicates a notable increase in the number of publication form 2011-2024 focusing the healthcare sector. The emerging research area includes the area such as insurance, product liability, civil liability, strict liability of artificial intelligence. The study underscored the AI rule, regulation framework underdeveloped which require the further study in relation of legal liability. Finally, the findings suggest that the increasing focus on liability framework will foster the trustworthy AI and better regulating policies.

Safeguarding Yakshagana: Insights from International Case Studies on Protecting Traditional Cultural Expressions through Intellectual Property Laws

2024-09-06T10:14:34+0530

Preserving traditional cultural expression (TCE) through intellectual property rights (IPR) is pivotal in safeguarding the cultural identity of Indian indigenous communities. This paper explores the legal challenges and opportunities in safeguarding TCE, focusing on Yakshagana—a traditional theatre form from Karnataka that epitomizes the cultural heritage and collective intellectual contributions of native communities. Yakshagana, with its unique blend of dance, music, dialogue, costume, makeup, and stage techniques, serves as a compelling case study for examining the intersection of TCE, IPR, and cultural identity. The communal nature of Yakshagana, characterized by its oral transmission and regional variations, complicates its protection under conventional IPR frameworks designed for individual and documented knowledge. Legal challenges include the difficulty of documenting and codifying oral traditions, risks of misappropriation, and the inadequacy of existing legal instruments, such as the Indian Patent Act and the Biological Diversity Act, to fully encompass the cultural and intellectual essence of Yakshagana. Despite these challenges, there are significant opportunities
to safeguard Yakshagana through innovative legal approaches. The integration of sui generis systems, specifically designed to protect TCE, can offer more effective and culturally sensitive protection. Community protocols and benefit-sharing agreements can ensure that the custodians of Yakshagana receive fair recognition and compensation. Moreover, geographical indications (GI) can be leveraged to protect the regional identity and authenticity of Yakshagana, preventing unauthorized commercial exploitation. This paper underscores the importance of legal reforms and community empowerment in protecting TCE like Yakshagana. By advocating for a balanced approach that harmonizes modern IPR
frameworks with the unique needs of indigenous communities, the paper highlights how India can set a global precedent in
preserving and valuing the rich heritage of its indigenous populations.

Safeguarding Intellectual Property in the Digital Age through Artificial Intelligence

2024-11-22T12:04:12+0530

The landscape of Intellectual Property is facing various challenges with the onset of rapid digitalization. The current
Intellectual Property (henceforth ‘IP’ in short) protection is dependent on the traditional law for enforcement and
implementation of the Intellectual Property Rights (henceforth ‘IPR’ in short) Holder’s rights, but the significant technological advancements and threats from cyberspace are highlighting threats and challenges towards IP protection, leading IP experts to delve into the ramifications of Artificial Intelligence (henceforth ‘AI’ in short) assisted problemsolving for IP related issues in cyberspace. Whereas the world is looking at a cohesive effort to ideally eradicate the issues that lead to cybersecurity breaches, a comprehensive and sustained effort towards addressing IP-relate cyber threats is also being explored. At present, there are no tangent solutions for this. The authors attempt to address the potential of AI-assisted solutions to target IP infringements in cyberspace. By responsibly leveraging AI capabilities, we can fortify IP protection in the digital era and foster innovation and creation in a cyber-secure environment.

Biotechnology and IP Protection: The Indian Approach to Balance Innovation, Ethics and Public Interest

2024-11-06T14:41:20+0530

The evolution of biotechnology has led to significant advancements in healthcare, agriculture, and environmental science, which in turn have made the landscape of intellectual property rights (IPR) increasingly complex, particularly in the realm of patent law. This research critically explores how patent law in India has adapted to the rise of new biotechnologies, focusing on issues such as patent eligibility, the encouragement of innovation, and ethical considerations. The study advocates for a revised legal framework in India that addresses the challenges of emerging biotechnologies leading to the creation of new varieties of plants, while protecting public interests. By proposing a balanced approach that promotes both innovation and public welfare, this research aims to offer a comprehensive understanding of the legal and ethical challenges at the intersection of biotechnology and patent law in India.

Intellectual Property Empowerment and 'Make in India'

2024-11-06T15:00:31+0530

The research critically examines the Make in India initiative, launched in 2014 as a key economic policy aimed at transforming India into a global manufacturing hub. The campaign focuses on increasing the manufacturing sector’s contribution to GDP, attracting foreign investment, developing strategic sectors, strengthening infrastructure, promoting innovation, and advancing skill development. Complementary efforts include improving the business climate, incentivizing research and development, safeguarding intellectual property rights, revitalizing traditional industries, encouraging start-ups, and fostering innovation clusters, all geared toward enhancing India’s global manufacturing competitiveness in the 21st century.

Plant Variety Rights in India: Progress, Sectoral Participation, and Certification Dynamics

2025-04-18T13:16:15+0530

Plant Variety Rights (PVRs) stimulate agricultural innovation by incentivizing breeders with exclusive rights over their varieties. In India, the Protection of Plant Varieties and Farmers’ Rights Act, 2001 provides dual benefits: encouraging breeders to develop new plant varieties and motivating farmers to conserve agro-biodiversity by protecting landraces. This study examines the Indian system of plant variety protection in terms of varietal registration progress, participation of public and private sectors as well as farming communities, portfolio diversity of public as well as private grantees, and their certification lags. Findings revealed that between 2009-10 and 2024-25, registrations grew from 170 to 1719 certificates with maximum rights in farmer varieties (54.6 %), followed by extant (30.4 %) and new varieties (14.8 %). Most rights were secured for cereals (64.2 %), fibres (9 %), and pulses & vegetables (7.5 % each), with highest registrations in rice, cotton, and maize. Private companies focused on commercial crops (tetraploid cotton, vegetables, and sunflower), whereas public institutions covered a broader spectrum of rights in crops. Registration diversified in crop species over time, especially
among private companies and farmers. Typical varieties secured the highest protection (58.5%), followed by hybrids, parental inbred lines, and transgenic crops. Average certificate grant time increased from 1.6 years (2009) to 7.5 years (2023), with public institutions experiencing shorter lags (2.6 years) than private companies (6.5 years) in registration.

Analysis of Standard Essential Patents under the Lenses of Indian Commercial Laws

2024-11-06T22:51:39+0530

The patent world’s attention shifted to Standard Essential Patents (SEP) when the iPhone 7 was unveiled with confirmation that the headphone jack would not be a part of it. There was a global reaction to this loss of feature, and many people started talking about the importance of standardised technologies that allow the inter-usage of several devices simultaneously. A Standard Essential Patent (SEP) is a patent that safeguards technology essential to follow a technical standard, that is defined by standards development organisations (SDOs) such as ETSI. This paper analyses the existence and application of SEPs in India, with a focus on competition law and judicial reactions to SEP-related disputes. The existence of SEPs in India has been brief but notable. The paper analyses the existence and application of SEPs under Indian commercial laws with a specific focus on Indian competition law. It also covers the Indian reaction to smartphone wars and the myths and problems related to SEP infringement litigation with the help of global precedent and cases dealt
with by the Competition Commission of India (CCI) and Indian High Courts. The author noticed a gap in the literature regarding the feasibility of SEPs in the Indian climate and tried to assess it using secondary data and convey solutions.

Navigating the Masking Dilemma: Addressing the Controversy Surrounding Masked Registrant Information by Domain Name Registrars (DNRs)

2024-12-02T16:58:20+0530

Proliferation of domain names that closely resemble well-known trademarks and brands has led to a significant increase in online consumer fraud in India. These imposter domains have deceived countless individuals, resulting in substantial financial losses. Numerous instances in India demonstrate the widespread impact of this issue, with victims falling prey to phishing scams, counterfeit goods, and other fraudulent activities. Anonymity of domain name registrants has facilitated such fraudulent online activities. Many individuals and organizations have exploited the privacy options offered by domain name registrars (DNRs) to conceal their identities and engage in deceptive practices. This has contributed to the ongoing challenges of combating online fraud and protecting consumers from harm. Ideally, while making huge commercial gains such entities should not be able to escape the liability in the garb of protecting privacy of the offenders. However, DNRs have also taken a stand that they do not have any permanent establishment in India, and they are not bound to follow Indian law as they are not signatory to the Registrar Accreditation Agreements (RAA) which bound them to provide all the relevant information to the concerned authorities in India. This paper analyses the challenges faced by the authorities in providing redressal to the consumer frauds due to opaque disclosure policy of DNRs by encapsulating the struggle between privacy and transparency. This paper examines the legal and enforcement challenges in ascertaining liability of DNRs in cases of consumer deception and fraud by imposter domain names providing services in India. The paper finally provides possible
suggestions to shape effective guidelines which shall be useful for policymakers and enforcement agencies.

Appraisal of Ownership Rights under the Nigerian Copyright Act 2022

2024-12-02T16:23:46+0530

The 17th of March 2023 signalled a new dispensation in the Nigerian Copyright administration, as the Copyright Act 2022 came into force. In line with the recent enactment, this study appraised ownership rights under the Copyright Act 2022. In achieving this, the doctrinal, empirical, and causal research methodology were employed such that 185 copyright owners were surveyed, and the study found that while many are aware of copyright and ownership, a significant number are unaware of the CA 2022. Despite this, few owners believe the Act effectively protects copyright ownership challenges. The novel provisions of Copyright Act 2022 in Nigeria include provisions for digital infringement, liability for property owners, stiffer penalties for infringement of copyright and additional powers for the Nigerian Copyright Commission, among others. However, few participants of the studied population are aware of these provisions, suggesting that more needs to be done to promote creativity and help creators exclusively reap the fruit of their works. Conclusively, true change cannot be found in creation of a law, but rather in its implementation and compliance. The authors recommend that stakeholders educate the public about the benefits of copyright protection to promote full potential of the CA 2022.

Copyright Law and the Use of Artificial Intelligence in Academic Works in the Thai Higher Educational Institutions

2024-12-31T11:42:11+0530

The article considers the use of artificial intelligence (AI) in academic writing, which may involve using the work of others without proper acknowledgement of the authors and information sources, or the use of non-existent information, thereby affecting academic integrity and ethics. It found that resolving issues related to copyright infringement through AI requires amendments to the Thai Copyright Act 1994. First, such amendment should ensure that the use of AI to reproduce or modify copyright works must first obtain authorization from the author or copyright owner. Second, such amendment should ensure that if AI is used to create a work without elements of human authorship, it would not be eligible for copyright protection, but if AI is used merely as a tool, with the author applying their own effort, skill, and labor in the creative process, then such work could be eligible for copyright protection and copyright would be owned by the human author. Third, the requirement of sufficient acknowledgement of the authors and information sources must be inserted into the copyright exceptions in paragraph two (1) (6) and (7) of section 32 of the CA 1994. Additionally, higher education institutions should formulate guidelines on the use of AI for lecturers, researchers, academics, and students, which also requires proper acknowledgement of the authors and sources.

Effectiveness of Certification Marks and Eco-labels in Reducing Greenwashing: A Comparative Study

2025-01-16T15:58:49+0530

The problem of greenwashing, in which the sustainability credentials of financial products are overstated or misrepresented, has been highlighted by the growing popularity of eco-conscious investing. With an emphasis on intellectual property rights (IPR), this study investigates how well certification marks and eco-labels work to curb greenwashing. In order to guarantee authenticity and integrity in sustainability claims, several marks and labels are used. The study looks at cases of false labelling, false claims, and a lack of transparency, emphasising the negative effects of greenwashing, which include diminished confidence in the financial sector, capital misallocation, and a lag in the achievement of global sustainability objectives. The study highlights the need for regulatory oversight, the establishment of precise guidelines and standards for sustainable labelling, independent confirmation of sustainability claims, and open reporting on ESG practices as ways to combat greenwashing. Campaigns for investor education and awareness as well as cooperation amongst many stakeholders—including government organisations, financial institutions, and non-profits—are seen essential. To preserve the integrity of sustainable finance and make sure that investments actually benefit the environment and society while safeguarding investors' interests, it is crucial to combat greenwashing in eco-conscious investing. The report emphasises how crucial it is to promote accountability, ethics, and openness in sustainable financing.

The Case for Copyright Protection in ChatGPT Output

2025-01-16T15:31:36+0530

Should the user who prompts ChatGPT have a copyright over its output? This paper makes a case for copyright over the output of AI. The paper discusses the requirements of India’s copyright law to suggest how they can be interpreted to support this stance. The paper considers the requirements of originality, fixation, and authorship. The paper then discusses the issue in the context of the functions of copyright. It assesses the issue from the perspectives of the incentive theory,labour theory, personality theory, and market dynamics. The paper discusses other factors, such as the problem of proof and moral rights. The paper also makes the case against not granting copyright in the output of AI. In sum, the paper discusses why copyright must be granted over ChatGPT output and its use.

Candid Infringement: Unraveling the Paparazzi Culture and Copyright Laws in India - A Legal Perspective

2025-03-27T10:03:44+0530

In the glitzy world of fame, where every click of the camera holds value, who truly owns a celebrity’s image, the photographer or the star? This paper delves into the high-stakes clash between paparazzi culture and copyright law in India, unraveling the legal maze that pits creative freedom against privacy rights. Through a meticulous analysis of the Indian Copyright Act, 1957 and landmark judgments, this research debunks the glaring gaps in legislation that leave both photographers and celebrities vulnerable. What happens when a paparazzi shot goes viral? Can a celebrity claim ownershipof their own likeness? And where does "fair use" end and exploitation begin? The findings reveal an urgent need for reform from clearer licensing norms, co-authorship possibilities, to legal recognition of the economic worth embedded in celebrity images. By proposing amendments to the Indian Copyright Act, 1957, this paper charts a path toward a fairer, more balanced system that could better harmonize the interests of paparazzi and celebrities. In an era where a single snapshot can make or break reputations, this research is instrumental.

Beyond Commercial Value: Reimagining GI Protection for Tribal Designs through the Lens of Indigenous Sovereignty-A Comparative Study of India and Australia

2025-09-30T10:31:00+0530

Imagine a sacred tribal motif, painstakingly passed down through generations, now mass-printed on luxury handbags without consent, context, or credit. Across continents, the commercialization of tribal art has turned ancestral wisdom into market commodities, often stripping indigenous communities of their cultural agency. This research interrogates the limitations of India’s Geographical Indications (GI) law in safeguarding tribal designs, shifting the conversation from mere economic branding to indigenous sovereignty and legal dignity. By undertaking a comparative analysis with Australia’s evolving Indigenous Cultural and Intellectual Property (ICIP) frameworks, this paper argues that India’s GI regime, despite offering some protection, remains structurally unfit to recognize the cultural, spiritual, and communal dimensions of tribal creativity. Through doctrinal review, policy analysis, and landmark case studies, including Milpurrurru v Indofurn Pty Ltd in Australia and the GI registrations of Warli and Sohrai paintings in India, the paper highlights how Australia’s inclusion of FPIC (Free, Prior and Informed Consent), collective custodianship, and remedies for cultural harm present a more holistic model of protection. The paper concludes by proposing a sui generis rights-based framework for India, rooted in
constitutional morality, that recognises tribal communities not merely as producers of art but as sovereign custodians of
living heritage.