Journal of Intellectual Property Rights (JIPR)

Intellectual Property and Gender in Geographical Indications: A Case Study of Chendamangalam Handlooms in Kerala

Anson J — 2025-09-01

Geographical Indications (GI) are signs bestowed on goods that convey an assurance of quality and distinctiveness attributable
to their origin in a defined geographical locality, region or country. Under Articles 1(2) and 10 of the Paris Convention for the
Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles
22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements
concluding the Uruguay Round of GATT negotiations. India, as a member of the World Trade Organisation (WTO), through the
enactment of the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from
15th September 2003, also recognises the legal right of intellectual property protection in GI. GI is distinctive from other types of Intellectual property because the property and the conjoined legal right are vested in a local collectivity.This paper argues that considering GI as a property of the ‘local’ people provides a different domain of ownership in IP, which needs to be scrutinised. An enquiry into the legal expediency of using geographical indications to protect the local should start by subjecting categories like place and community to a sociological analysis to examine the gendered lapses in their conceptualisation. The Chendamangalam handlooms, located in Kerala, which enjoy GI protection, are taken as a case study to apply a feminist methodology of legal enquiry to understand the potentials and loopholes in how Geographical Indication is conceptualised as a legal right.

Tokenized Art: The Implications of Copyright Law on NFTs

Debdeep Das — 2025-09-01

The mid-2010s marked an exponential rise in the popularity of NFTs, which instantaneously became one of the most lucrative and sought-after properties. With its introduction, several questions were raised in the field of law, more specifically in the realm of intellectual property and information technology law. Being a new crypto-asset class, NFTs lack a real regulatory mechanism in India but are still treated as a viable mode of trade, both in art and data. NFTs are digitalized assets representing an underlying work supported by several components like smart contracts and metadata. Although the underlying work is undoubtedly protected, if it is a copyrightable subject matter, the copyright ability of smart contracts and the metadata remains relatively unexplored. The copyright ability of these components has been extensively analysed in this article. Further, the potential of unauthorized tokenization, listing, and sale is a growing concern in the NFT realm, which has not only been highlighted in this article, but solutions to neutralize the issue have been proposed. Finally, the adequacy of the Indian legal regime has been tested; reforms and recourses have been suggested to fill recognized gaps in the Indian legal system with the aim of accommodating and facilitating the NFT market.

Arbitrating Innovation: Navigating Arbitrability of Patent Disputes in the Indian Legal Landscape

Ashiv Choudhary — 2025-09-01

In 2018, the lengthy and high-profile patent infringement battle between smartphone titans Samsung and Apple concluded after seven years of extensive litigation, culminating in damages reaching millions of dollars. The considerable time taken to reach a decision could have been significantly reduced had arbitration been the chosen method for resolving the case. There is a growing interest in patent arbitration in many countries like U.S where patent disputes are expressly arbitrable. Despite this, the parties are confronted with major legal and practical obstacles to the use of arbitration, internationally and nationally. And then comes countries like India where, due to lack of legislation and public policy reasons, it is difficult to ascertain whether the dispute regarding patents are arbitrable or not. In this regard, this research paper discusses current framework on the arbitrability of patents disputes in India and also compares it with the legal framework of different countries in order to find some possible solutions to the existing uncertainty present in Indian laws with respect to arbitrability of patent disputes.

Public Policy Reflection on Commercialization of Pharmaceutical Patents in India: A Legal Introspect

Payal Thaorey — 2025-09-01

Public policy, right to health, affordable medicines and patenting of medicines are closely knitted phenomena for fulfilment of individual and public interest imperatives. This article attempts to analyse the impact of patenting and commercialization of the medicines with and against materialization of right to health for all. The welfare aspects public policy that provides for availability and affordability of medicines for all and its applicability with respect to patenting and commercialization of medicines is examined in light of specific issues as follows

i.Primarily, whether the existing patent policy in specific is responsive to public policy in general.
ii. Secondly, to what extent public policy shall be incorporated in commercialization of pharmaceutical patents?
iii. Thirdly, to what extent commercialization of pharmaceutical patents can be compromised for execution of public policy?
iv. Fourthly, is there any possibility of balancing mechanism wherein both, commercialization and public policy with
respect to pharmaceutical patents can be maintained?

Form 27 in the Indian Patent System

Panya Sethi — 2025-09-01

The Indian patent regime mandates transparency in the working of patented inventions through periodic disclosures by patentees. The recent declaration of the Patents (Amendments) Rules, 2024, has introduced significant modifications to the procedural and substantive requirements for filing Form 27, the annual working statement.1 This manuscript provides a comprehensive overview of Form 27’s legal basis under THE PATENTS ACT, 1970, its purpose, the implications of recent amendments, and the evolving jurisprudence surrounding compulsory licensing and patent working. It also critically examines the concerns related to confidentiality and data transparency, aligning with the provisions of the Right to Information Act, 2005.

Patentability of Bioprinting Technology: Where Invention Meets Requirement

Oishika Banerji — 2025-09-01

With the ability to print human organs on demand, 3D bioprinting has the potential to be a "game-changer," eliminating the need for human or animal transplantation or living or deceased donor organ donation. The market of organ transplantation is mammoth, driving several companies to opt for patent protection of their bioprinting technology over other means of intellectual property. By resorting to a doctrinal study powered with deductive reasoning, the study highlights that even though clinical organ transplantation present ethical challenges, bioprinting has its own set of practical, ethical, and regulatory issues that need to be resolved. These have to do with controlling public expectations and the morality of biomedicine's continued reliance on pricey technological fixes. The legitimacy of patent monopoly by providing essential health products and services as luxury goods has come under scrutiny, particularly in Low and Middle Income Countries (LMICs), where such technologies relentlessly widen the gaps in healthcare. Put simply, usage of living cells, brings in the thought of patentability issue in relation to bioprinting technology. The purpose of this study has been to envisage a road map towards developing a viable, equitable and sustainable industry will need to strike an optimal balance
between rights and responsibilities among different stakeholders, including governments, 3D bioprinting companies and patients (and the public).

Fundamental Role of Intellectual Property in Developing Geoengineering Technologies for Climate Change Mitigation

Zubair Ahmed Khan — 2025-09-01

Climate change mitigation and adaptation require the intervention of climate engineering methods that remit climate change. One such engineering method involves geoengineering technologies, which can be defined as technologies that seek to modify the already existing natural climatic conditions. Geoengineering or climate engineering is a mechanism that has been developed to curtail the negative effects on the environment, it is a method operating with the use of scientific modifications and formulae that can be considered as environmental innovation ambitiously working to negate the climate change problems. Environmental innovations play a key role in climate change mitigation, and the development and diffusion of climate innovations or environmental innovations have a deliberate positive effect on the climate. Geoengineering is a scientific modification or manipulation of the natural environmental systems that provides a possible solution to slow down and mitigate the effects of climate change. Intellectual property plays a substantial role in the research, development, and diffusion of geoengineering technologies. Patents for environmental inventions, such as geoengineering technologies, can be incremental in tackling the effects of climate change because they are new-age
technologies promising to overcome the negative effects of climate change in the atmosphere.

Advantages of Copyright Law in the Digital Age: Challenges and Opportunities for Content Creators

GUNAWAN WIDJAJA — 2025-09-01

The research aims to observe the benefits of copyright law in the digital age by understanding the challenges faced and identifyingopportunities for content creators. Copyright in the digital age presents unique challenges and opportunities; challenges mainly centered on law enforcement and copyright infringements and opportunities connected with accessibility and creative development opportunities provided by digital technologies. The research method used is a qualitative approach through literature research. The data used are secondary data. The research sources include academic articles, laws, and regulations related to copyright, as well as other quality literature. This research finds that copyright law in the digital age has complex and challenging dynamics. Copyright violations often occur because of the ease of sharing and copying content online, making law enforcement often difficult. Nevertheless, the digital age also provides opportunities for content creators, such as ease in reaching global audiences and opportunities for creative innovation. Therefore, content creators must have sufficient knowledge of copyright to be able to protect and maximize the value of their work in the digital age. The findings of this research underscore the importance of copyright knowledge for content creators in the digital age.

Combating AI-Enabled Identity Theft: Strengthening Legal Frameworks in India

Saima Jan — 2025-09-01

The rapid advancement of Artificial Intelligence (AI) is reshaping the digital landscape. This offers both opportunities and challenges across multiple sectors, with cyber security emerging as a vulnerable domain. One growing concern is the rise of AI-enabled identity theft, which threatens the privacy and security of both individuals and institutions. India's laws on AI-enabled identity theft lack comprehensive coverage and enforcement. As a result, cybercriminals are often able to exploit these legal loopholes. This paper examines the current legal frameworks in India pertaining to identity theft. It also suggests practical steps to augment the legal frameworks to the effect of combating AI-enabled identity theft. By examining existing laws, regulations, and international best practices, this paper provides insights into the necessary legal reforms and technological interventions needed to strengthen India’s capacity to address the evolving risks associated with AI-enabled identity theft.

Possibility of Painting the Black-Box White: Patentability and Implementation of Implicit Personalised Medicine

Deepa Kharb — 2025-09-01

The birth of Black- box medicine, which relies on complex algorithms and AI to diagnose and treat medical conditions, has sparked significant interest and debate in intellectual property law. As these technologies become integral to modern healthcare, it is important to weigh the upsides and downsides of the technology to protect and regulate them through patents or other IP systems, which is becoming increasingly critical. Algorithms and biological correlations, central to Black- box medicine, face scrutiny under IP protection, especially in patents, due to their potential classification as abstract ideas or laws of nature. The very features that make Black- box medicine innovative and valuable are its reliance on complex algorithms, genetic and biological data, and medical diagnosis and treatment applications. These are the same reasons that render it ineligible for patent protection under the current Indian Patent Regime. Using Black- box medicine also brings significant ethical and social challenges. The lack of transparency in AI systems raises serious concerns about how well we can explain and understand them. This makes it hard to prove they are safe and effective, to interact with them smoothly, and to hold them accountable. Additionally, how different systems work together, how data is shared, and how easily people can access these advanced healthcare solutions must be addressed to avoid widening the Medico-digital divide and to ensure everyone benefits equally from these innovations. Balancing innovation with accessibility, accountability, and fairness will
be essential to fully realising the potential of Black- box medicine.

IP Case Law Development

Aqa Raza — 2025-09-01

This Paper identifies and analyses the decisions of the Supreme Court of India (hereinafter, the Supreme Court) relating to intellectual property (IP) reported1 in the year 2024. The paper seeks to answer the following questions: (i) how the Supreme Court interpreted-constructed the text of the IP statutes through her law declaring power under Article 141 of the Constitution of India; (ii) what has been the approach of the Supreme Court in deciding these cases in the year 2024; and (iii) whether or not the Supreme Court has contributed to the development of IP jurisprudence in the year 2024 through these decisions.

Two Decades of TRIPS Compliant Patents Act: Impact on Transfer and Dissemination of Technology in India

Dr Laxman Prasad Laxman — 2025-09-01

The basic intent of TRIPS Agreement is to promote innovation, transfer and dissemination of technology to society and to strike balance in the rights and obligations of patentee. Analysis of the patenting activities in India shows that patent filing by Indians gained momentum in the initial years of post-TRIPS Agreement and finally in the Financial Year 2022-23 outnumbered the filing by foreign applicants in India. Present study is focused on the impact of TRIPS Agreement on transfer of patent embedded technologies from overseas to India as a part of foreign technical collaborations, FDI in India and working of patents granted in India and to examine how far there is dissemination of technical knowledge as advocated under Article 7 of TRIPS Agreement and Section 83 of TRIPS compliant Patents Act, 1970. The study reveals that dissemination of technical knowledge in society is far from satisfactory despite increase in number of transfer of patent embedded technologies from overseas, FDI in India and the patenting activities. Exploration of reasons for this kind of situation calls for a separate study.

Manoeuvring the Convergence of NFTs and Trademark Protection: Prospects of Fashion Industry in Digital Space

Ujjwal Dipankar Gautam — 2025-09-01

The paper delves into the impact of non-fungible tokens on trademark in the fashion industry. NFTs are digital assets that offer evidence of ownership and authenticity and are stored in blockchain technology. In the emerging scenario, fashion brands are using NFTs to offer new opportunities to attract consumer attention, thereby enhancing marketing techniques in the digital space. New techniques have been introduced by NFTs to deal with fashion brands leveraging blockchain technology and providing an effective marketplace. Nonetheless, NFTs are also posing danger to trademark infringement, counterfeiting goods, and brand identity in the digital space. The lack of specific legislation regulating NFTs throughout the world has caused challenges for trademark laws and the fashion industry to safeguard their intellectual property.
The research in this field suggests that even though there are limitations in the ever-growing sphere of NFTs, there are immense opportunities as well if regulated well. The paper analyses the prospects of the blockchain technology in securing fashion brands in the digital space. The paper also delves into ethical dilemma including artistic attribution and provides valuable insights for law students, professionals, and policymakers to explore the emerging field of digital ownership and trademark protection. Ultimately, the paper provides recommendations for better incorporation of effective legislation on NFTs in the Indian marketplace.

A Blockchain-based Hadoop System for Enhanced IPR Management

Prathamesh Lahande — 2025-09-01

The Intellectual Property Rights (IPRs) management systems used today face issues majorly related to tampering, scalability, and third-party disturbances leading to disputes between the users. These disputes lead to delays and higher costs required to manage the IPRs. To solve these issues, this research proposes an integrated system using the modern digital technologies of Blockchain and Hadoop to form a Blockchain- based Hadoop system and provide an enhanced IPR Management System. A detailed methodology is provided in this research work where what are the Blockchain and Hadoop components involved and how they work together to provide this enhanced platform. For this proposed system, the Blockchain provides an immutable secure manner to store IPRs and provides transparency among all the IPR users. Additionally, Hadoop provides a highly scalable infrastructure along with various analysis and trend identification tools useful for IPR management. With the proposed system, users can manage their innovations through a reliable platform, leading to an increased number of innovations and improving the IPRs revenue worldwide. This paper also provides how the
proposed system can be applied to the IPR lifecycle and its activities such as filing, approval, licensing, transfers, monitoring along other activities involved. The proposed system benefits society through its fault-tolerant approach through its immutability and decentralized mechanism providing global access for managing their innovations. Unlike the traditional systems, a faster, better, and enhanced system is provided to lower disputes among stakeholders, further leading to lowered costs and delays in processing them.

Strategies for Technology Transfer of Intellectual Property Rights in Academic Institutions

Ravi Pandey — 2025-09-01

ntellectual Property Rights play an important role in protecting inventions from Infringement, nowadays academic Institutions have started to set up IPR cell and Technology Transfer Office (TTOs) in their premises, not only to protect the inventions by filing various IPRs through IPR cell, but also for the commercialization/licensing of IPRs filed in the name of Academic Institution. This study investigates the strategies and practices surrounding technology transfer of IPRs in academic institutions, with a particular focus on how these institutions facilitate the commercialization of research. The research explores the role of Technology Transfer Offices (TTOs), key challenges in the transfer process, and the impact of effective technology transfer on institutional revenue generation. Using a qualitative approach, data were collected from academic professionals involved in technology transfer, analysing aspects such as intellectual property rights (IPRs) filed, transactions completed, and the factors that hinder or promote successful technology transfer. The findings highlight the significance of robust TTOs in promoting innovation and the commercialization of academic research while also identifying common barriers, including inadequate funding, bureaucratic inefficiencies, and limited industry collaboration. The study concludes by offering recommendations for improving the effectiveness of technology transfer offices in India,
such as policy reforms, enhanced industry partnerships, and capacity-building efforts.