Journal of Intellectual Property Rights (JIPR)

The Interplay between Intellectual Property Rights, Reproductive Rights and ADR as a Dispute Settlement Window

Sushmita Das — 2026-02-23

The intersection between Intellectual Property Rights (herein as I.P.R), Alternative Dispute Resolution (herein as A.D.R) and Reproductive rights and technologies (herein as R.R.T.) play a very essential role in the contemporary law and society. The authors emphasise the significance of three distinct domains together to understand their relevance which enhanced their own importance when merged together. As there is no much of available jurisprudence of this subject matter but when the authors explored it convergence in current context it found much of its relevance as the I.P.R is a very broad area where geographic rights, brainly rights are given for the protection when connected to the reproductive rights like abortion, surrogacy and various technological advancements such as in-vitro fertilization (I.V.F.) to treat the infertility as there are many herbal treatments available which isn’t geographically indicated yet neither patented. The authors asserts that the technological advancement for treating the infertility should be protected by copyrighted, a consideration frequently overlooked following the collapse of commercial surrogacy due to the enactment of new legislation forbids it. These technological advancements, drugs, herbal medicines for fertility treatments will be a need of an hour and to address such issue and there must be single window dispute resolutions for the Indian citizens either in the form of courts or through alternative means of dispute resolution mechanism. However, the authors examine how arbitration can function as an impartial forum for resolving disputes in this unique domain, while reconciling the private interests of innovators with the essential human rights related to reproductive autonomy and access.

Artificial Creations, Real Rights: Examining Copyrightability of Generative AI Data

Sunidhi Setia — 2026-02-23

Since the launch of ChatGPT by OpenAI, the investment in generative AI has quintupled. While individuals employing these tools are creating novel work every day, the parent companies are generating billions of revenues. With increasing number of high-profile lawsuits relating to Generative AI and Copyright around the world, the paper discusses the concept of copyrightability in the new era of technological advancements. Generative AI undergoes massive training using data to understand images, sounds and visuals. They then respond when prompted by a user.
Through this paper the authors discussed the basic concepts of ownership and then examine different scenarios to determine authorship over works generated by AI. Building on established concept like the essential need of human authorship and creativity element to grant copyright to the works of AI, the paper explores and divulge into new doctrines like the “Significant Input Test”. The authors argue that while copying large amount of copyrighted content off the internet and generating new content makes out a case for copyright infringement, the generative AI algorithm is premised on “transformative use” which in turn constitutes fair use. The authors did a comparative study of judicia-legal development around the concept of copyrightability of the content produced by Generative AI focusing on jurisdictions like US and EU, suggesting a way forward for Indian legislature.

Appraisal of Misappropriation of Traditional Cultural Expressions: A SMART Model Approach

Shubham Anand — 2026-02-23

The development of humankind has its roots in the tacit knowledge that has shaped their life and well-being. This knowledge, especially in a traditional community, encompasses medicinal knowledge, agricultural and forestry, stories, arts and crafts, music, and dance forms. However, with the advent of globalisation, consumerism and technological advancement, these age-old contents have faced a grave concern of misappropriation, warranting an urgent intervention through holistic and comprehensive means. A lack of uniformity in legal measures and weaker forms of protection, such as existing Intellectual Property Rights, has resulted in cross-border misappropriation. The present study analyses a series of misappropriations to understand the different measures adopted. The study strongly suggests that the convergence of mechanisms across jurisdictions should be aligned with the principles established by international institutions such as UNESCO and WIPO. Moreover, the study proposes a SMART model while advocating a minimum order of uniformity in protecting Traditional Cultural Expressions (TCEs), especially in cases of misuse and misappropriation. The proposed
model may be utilized to advance an effective TCEs protection system.

Rethinking Trademark Rights in Circular Economy from Fashion Upcycling Perspective

NURUL ELLIYANA BINTI ABDUL JAMAL — 2026-02-23

The fashion industry plays a significant role in the global economy but significantly harms the environment by overusing and polluting natural resources. Like many others, Malaysia's fashion sector operates on a linear economic model that generates substantial waste and contributes to environmental degradation. This study explores the intersection of sustainable fashion and trademark rights in implementing circular economy principles in fashion industry. The purpose of this research is to critically examine the legal tension between brand protection and sustainable practices, identifying the extent to which legal frameworks support or hinder circular initiatives. A qualitative legal research method was employed, involving doctrinal analysis of relevant laws, policies, and case studies. Findings highlight successful sustainable practices in fashion industry, such as textile recycling, second-hand markets, and take-back programs in Malaysia, which align with circular economy principles. It also reveal that while trademark law plays a crucial role in safeguarding brand identity, it can unintentionally obstruct upcycling of branded goods, which are key components of circular fashion. The study concludes that amendment to Trademark Act 2019 and legal reforms approaches are necessary to align trademark protection with the goals of sustainability, encouraging a more balanced legal environment that supports both brand integrity and environmental responsibility. By overcoming these obstacles, Malaysia can strengthen its leadership in sustainable fashion and create a model for integrating circular economy practices into other sectors.

Automated Digital Copyright Enforcement: Functional Balance on Transition from Safe Harbours towards Algorithmic Copyright Filtering System

Anil Karki — 2026-02-23

The research paper explores about the digital copyright enforcement by focusing on the transition from safe harbour provisions to algorithmic copyright filtering system. The study analyses the role of safe harbours in providing liability protections to internet intermediaries while fostering an open cyberspace. It also analyses about the algorithmic copyright filtering system by assessing their efficacy for mitigating copyright infringement while also balancing the interests of user. This study employs doctrinal legal research and it critically analyses the policy developments to assess the functional balance between the users, copyright owners, and online platforms. Most importantly, this study highlights the key challenges in copyright enforcement on internet. It finds that automated copyright enforcement introduces the concerns about fairness and transparency often ignoring the exceptions of fair dealing and resulting in the suppression of lawful content. Furthermore, it makes a crucial take that while automated digital copyright enforcement enhances efficiency, it may also compromise the interests of user if it is not regulated and makes emphasis on reforms. This study calls for the functional balance and underscores the necessary of collaborative efforts between policymakers, online platforms, and stakeholders to develop a balanced enforcement measure of digital copyright in this modern digital age.

Contemplating FRAND Commitments and Standard Essential Patent Enforcement through Judicial Pronouncements in the United States of America, India, and the European Union

Akansha Yadav — 2026-02-23

Standard Essential Patents cover the fundamental technologies used with industry standards, whether telecommunication, data transfer, or any other such standards. Thus, owners of SEPs can license only on FRAND terms, leaving market access reasonably open. Yet, the rights of SEP holders will bring very complex compliance issues under the competition law because countries such as India and the European Union have adopted different approaches for enforcing SEPs and the respective FRAND obligations. The EU has a well-established framework for enforcing SEP through the support of competition law and precedents from court judgments such as the Huawei v ZTE case, which encourages transparency in licensing arrangements. Through this framework, SEP holders cannot misuse their dominant positions by either collecting extreme royalties or pressuring by injunction without following the terms of FRAND. India, however, has an evolving SEP enforcement framework. Recent judicial decisions around the Delhi High Court indeed reflect a direction towards implementing FRAND commitments, but simultaneously, challenges continue to exist, such as those relating to the overdeclaration of non-essential patents and the pre-litigation mechanisms being absent for determining essentiality. This paper
analyzes the enforcement of FRAND obligations and SEPs in India and the EU, focusing specifically on their roles within innovation, competition, and access to critical technologies. The EU’s mature legal system contrasts with India’s developing framework, which is influenced by competition law principles. The paper argues that India must refine its SEP enforcement mechanisms to ensure consistency and clarity in its judicial and regulatory practices. Lately the judicial pronouncements in the USA as well have clarified their stance on compliance with FRAND regulations by the patent holders, especially falling in SEP protection. These decisions have emphasized that deciding the royalty rates in licensing agreements for the SEPs in compliance with FRAND regulations is inherently different from technologies that fall under normal patent protection, as they do not have to comply to meet the FRAND standards. To conclude, the paper advocates for harmonizing SEP enforcement across jurisdictions. A pre-litigation essentiality assessment in India, to start with, and clearer guidelines on SEP licensing based on observed practices in the EU are some of the key proposals in the paper. All these would remove uncertainties from the legalities, ensure fair access to such technology, and drive global innovation.

AI Innovations and their Impact on Personality Rights: A Critical Review of India's Intellectual Property Framework

Vikrant Yadav — 2026-02-23

From self-driven cars to healthcare, today’s era is dominated by AI-driven technology. This technology has entered every realm of day-to-day life and has become a vital part of the modern lifestyle. Undoubtedly, AI has made groundbreaking changes in improving lifestyles; however, several instances of misuse of and bias in AI technology have raised serious ethical and legal concerns. Today’s advances in AI have the potential to create a digital human replica (also referred to as AI renditions) within a few hours. This paper employs a qualitative investigative method to delve into the issue of AI's use resulting in a breach of individuals' personality rights. The conceptual analysis of personality rights and the literary survey on AI's potential to damage personal reputation are the basis for several recommendations elaborated in the results section.

Plagiarism Consequences in Indian Academic Research: A Review of the Copyright Act 1957 and UGC Regulations 2018

Mohd Jabir — 2026-02-23

The paper aims to review the consequences of plagiarism in academic research through the lens of the Indian Copyright Act of 1957 and UGC Regulations on Plagiarism, 2018. By tracking its historical roots and classifying it into intentional and unintentional forms, this review discusses the multifaceted nature of plagiarism. In this study, the Indian Copyright Act's legal framework is examined focusing on the provisions that deal with copyright infringement and the associated penalties. At the same time, it examines the UGC Regulations 2018, which highlight the role and responsibilities of the Institutional Academic Integrity Panel (IAIP) in implementing the rigorous standards for identifying and penalizing plagiarism in academic institutions. The article further highlights a wide range of plagiarism consequences in the light of the mentioned Act and Regulations, from academic sanctions like degree revocation and professional ruin to criminal penalties like fines and imprisonment. It also discusses ways to prevent plagiarism and promotes ethical technology use, legal framework awareness, and appropriate citation practices. Finally, the review affirms that strict institutional and regulatory frameworks, along with awareness and ethical conduct, are necessary to prevent plagiarism and to carry on academic integrity in India.

The Conundrum of Protecting Basmati Rice as a Geographical Indication: A Recount of Legal Proceedings

Geethanjali K V — 2026-02-23

This paper endeavours to offer a holistic account of the adventurous journey of protecting Basmati Rice as an intellectual property under the Geographical Indications (GI) regime between India and Pakistan. What started out as dyads teaming up and succeeding in protecting Basmati Rice against as western company quickly turned into a bone of contention between both India and Pakistan for various reasons. While prudence had India protecting Basmati Rice in its homeland through a designated government department, it was met with opposition not just from Pakistan but also from internal entities. However, India did succeed in extending a GI protection to Basmati Rice despite all of the oppositions. Stepping forward from its success at home turf, India, filed for protecting Basmati Rice before the European Commission (EC) as well. However, the same was yet again met with an opposition by, not one, but two separate countries transforming what until now was a dyadic issue into a triadic issue. Further, one of the two countries accelerated its endeavour to extend GI protection to Basmati Rice both at the domestic level and also before the EC. Taking into consideration all of these proceedings, this paper attempts to recount years of legal proceedings both past and current.

Understanding Intellectual Property Rights: Types, Filing Processes, and Infringement Issues

Sahana T — 2026-02-23

The government of India confers the unique permission known as Intellectual Property Right (IPR) preserve the distinctiveness of an inventor's work. The basic right to IP is an indivisible product of innovation. Industrial design, trademark, trade secrets, patents, layout design and copyright-oriented rights fall under IPR. A pharmaceutical product or service's safety, effectiveness and quality rely on its IP,which serves as the global standard for product authentication and certification.

Navigating Standard Essential Patents in the 5G and IoT Era: Legal Challenges and the Way Forward

Prachi Mishra — 2026-02-23

5G communication networks and IoT technologies are revolutionising the global digital infrastructure, providing interconnectedness, quicker data transfer, and intelligence-driven automation. However, this technology leap is accompanied with high legal and regulatory complexities — most notably around Standard Essential Patents (SEP) licensing and SEPs enforcement. SEPs are patents that are essential to implementing a technical standard and therefore are subject to a duty to licence on fair, reasonable and non-discriminatory (FRAND) terms. With the rapid development of digital ecosystems, there is a growing tension in the legal and economic balance between patent protection and open access to standards.

This paper reviews the changing jurisprudence and legal regimes related to SEPs and FRAND licensing obligations in key jurisdictions such as the European Union, UK and India. Commentary at the jurisdictional level, including the EU and UK, highlights constructive negotiation frameworks while right to extract licensing (Huawei v. ZTE) good faith approaches, alongside US antitrust scrutiny and contractual enforcement. Despite numerous high-stakes SEP litigations and competition law interventions in India, the lack of a clear regulatory framework has caused uncertainty among stakeholders in the country.

This paper will briefly identify and analyse the primary challenges of SEP enforcement, including royalty stacking, patent hold-up and hold-out, forum shopping on a global scale, and different applications of FRAND, among others. It pays special attention to the Indian scenario, specifically focusing on recent judicial developments and the interplay of the Patents Act, 1970, the Competition Act, 2002, and the overall policy vacuum surrounding regulation of SEPs. The role of SSOs and their contracts is also part of the analysis.

By analyzing SEP licensing practices through a comparative legal lens, the paper highlights the alarming divergence of approaches to SEPs and thus argues for the harmonization of SEP licensing practices and offers policy recommendations to ensure equitable access to standardized technologies while creating relevant incentives for innovation. The results imply that India must take steps towards a streamlined SEP licensing policy, ascertain legal standards on FRAND negotiations and incentivize alternative dispute resolution in SEP disputes. These rules will be crucial in improving legal certainty and creating a fairer innovation system for 5G and IoT.

Using AI in Dance Notation and Copyright Infringement Prevention: Enhancing Creative Economy and Cultural Entrepreneurship in South Asia

Saumya Rao — 2026-02-23

South Asia‘s rich dance traditions, encompassing both classical and contemporary forms, are vital to its cultural identity and creative economy. As technology integrates into artistic domains, artificial intelligence (AI) presents transformative opportunities for the region. This paper explores how AI can be employed in dance notation the systematic recording of dance movements and in detecting copyright infringement, emphasizing its potential to support cultural entrepreneurship. By addressing the challenges of documentation, preservation, and intellectual property protection, AI can catalyze a sustainable and inclusive creative economy in South Asia. Specific emphasis is placed on the SAARC countries, highlighting the role of AI in preserving and promoting the country‘s diverse dance heritage.

AI, Machine Learning, and Deep Learning in Indian Healthcare: Intellectual Property Trends and Insights (2010–2025)

Kaustubh Keer — 2026-02-23

The research offers data-driven insights into the intellectual property landscape of AI-powered healthcare innovation in India between 2010 and 2025, with a focus on advancements employing artificial intelligence (AI), machine learning (ML), and deep learning (DL). The analysis uses curated data from Scopus to investigate trends in patent filings, identify leading applications and inventors, and highlight recent technology sectors such as medical imaging, diagnostics, and predictive analytics. This research provides actionable insights into the structure of AI-healthcare innovation in India and offers a foundation for policymakers, investors, and researchers to navigate the evolving intellectual property landscape.

Copyright Enforcement in the Social Media Ecosystem: A Comparative Legal Study of the US and UK Fair Dealing or Unfair System? Copyright, Content ID, and the Chilling Effect on Indian Digital Creators

Mohammed Abdul Fasi — 2026-02-23

The proliferation of digital content platforms has intensified copyright conflicts, acutely affecting Indian YouTubers. This paper investigates the misalignment between India's "fair dealing" (Copyright Act, Section 52) and YouTube‘s automated Content ID. Through doctrinal and comparative legal analysis juxtaposing India's framework with US "fair use" and the EU Copyright Directive, this study examines how automated enforcement interacts with statutory exceptions. We argue the current ecosystem, exemplified by disputes such as the recent allegations against Asian News International (ANI) for issuing copyright strikes on short news clips used in commentary videos, facilitates copyright claim misuse, disproportionately affecting independent creators, and chilling critical commentary. Automated enforcement prioritizes claims over nuanced legal exceptions, creating a power imbalance. The paper proposes dual reform: platform governance changes (enhanced fair dealing assessment) and legislative clarification by India to adapt fair dealing for the digital age, potentially via a new oversight body.

Visual Identity and Legal Risk in Military Replica Production

Daniil Shmatkov — 2026-02-23

This paper explores the overlooked role of industrial design rights in defense strategy, focusing on the legal implications of producing military decoys during the Russian-Ukrainian war. Using doctrinal legal analysis and real-world case studies, it examines how unauthorized replicas, both inflatable and constructed, imitate protected defense systems. The paper highlights Ukraine’s legal restraint: instead of suspending IP rights under TRIPS Article 73, it maintained procedural continuity to protect its IP reputation. The paper identifies a growing legal gray zone in the copying of military designs for tactical purposes in the form of decoys, particularly by private contractors. The research finds that such phenomena may be tolerated by rights holders and society when they bring additional and more substantial benefits. The study addresses the motivations behind tolerating unauthorized replicas and the implications for future defense innovation. It concludes that design rights should be integrated into national defense IP strategies through tailored licensing and contract clauses, anticipating future commercialization and international legal exposure. The study underscores the need for proactive IP governance where industrial designs are treated as strategic assets with legal, tactical, and commercial consequences.