Journal of Intellectual Property Rights (JIPR)

Concept of Copyleft: Free Software, Creative Commons and Open Source

Hemendra Singh — Fri, 25 Apr 2025 00:00:00 +0530

This article explores the evolving landscape of copyleft licensing in the digital era, highlighting its vital role in preserving intellectual freedom, collaboration and the open sharing of knowledge and creativity. Every organized creative venture is a result of the core thinking of an idea which took the shape of some kind of derivation giving the end result. Propounded by the theory of property and ownership, copyleft uses a piece and gives a fair share to its creators. Several information models have underpinned the concept, as it originally emerged as a licensing strategy within the broader framework of derivative creation cycles. In today’s digital landscape, where we seek creative solutions to satiate our ever-growing appetite for innovation and technology, it becomes imperative to thoroughly examine this concept and its practical applications.

Celluloid Chronicles: Exploring Cinema and Copyright over Films Across Borders in India, the US & Germany

Charu Srivastava — Fri, 25 Apr 2025 00:00:00 +0530

The paper examines the intricate relationship between cinema and copyright law, focusing on the jurisdictions of India, the United States, and Germany. As cinema has progressed from film to the digital age, copyright law has played a pivotal role in shaping its development, regulation, and protection.

The research delves into the historical, political, and legal contexts of cinema and copyright law in India, the US, and Germany through a comparative lens. Each jurisdiction presents unique challenges regarding the protection of creative expression and the role of the State in protecting films. Examining the historical evolution of legislative provisions and industry practices seeks to elucidate the evolving dynamics between filmmaking and copyright law. The Doctrinal and Comparative methodology is applied to critically analyse how cinema progressed from inception when Copyright Laws did not recognize films as separate copyrightable work to the era when the film industry was permeated with a plethora of infringement disputes and films found their place as separate work under the Copyright Laws and a few recommendations that Indian Copyright Law can incorporate to bring the legislation at par with other jurisdictions.

Infringement of Photographic Works on Marketplaces: A Study of the Chinese Experience

Anna Pokrovskaya — Fri, 25 Apr 2025 00:00:00 +0530

This article aims to provide an extensive analysis of the Chinese experience regarding the infringement of photographic works on marketplaces, offering valuable insights into the causes, scale, and implications of this pervasive issue. It explores the challenges faced by photographers in protecting their intellectual property rights, the effectiveness (or lack thereof) of marketplace policies and enforcement mechanisms, and the role of technological advancements, such as content filtering algorithms, in tackling infringement issues. Moreover, this study investigates the economic consequences of photographic copyright infringement on photographers, marketplace platforms, and the image licensing ecosystem as a whole. By analyzing the financial impact, including potential revenue losses, reduced market competitiveness, and implications for artistic innovation, this research sheds light on the urgency of addressing the issue and implementing effective preventive measures. Overall, this article provides a comprehensive understanding of the infringement of photographic works on marketplaces, with a specific focus on the Chinese experience. It contributes to the existing literature on copyright protection and online marketplace governance, aiming to raise awareness, inform policy decisions, and guide future research in combating this pressing issue within the photography industry.

Recognition to Implementation: Bridging the Gap in Moral Rights Protection under Indian Copyright Law

Fri, 25 Apr 2025 00:00:00 +0530

Intellectual Property Rights have reflected itself as a new developing dimension in the legal field, and its development aims to address the challenges related to Intellectual property. Moral rights are the legal recognition of the moral aspect of intellectual property law, which remains with the author even after transferring or assigning the legal rights to someone else. In India, moral rights got their recognition under the Copyrights Rights Act of 1957. The present paper discusses the effectiveness of the law in this regard and examines the available legal framework of Indian intellectual property laws. It also attempts to understand the role of the judiciary in strengthening and preserving the moral aspect of law concerning copyright law. The study forms its basis by analysing the existing legal framework and intervention of the judiciary in this regard. The methods used in this regard are analytical and doctrinal. Moral rights are reflected as the personality of the author. In this paper, we found that there are various aspects and challenges that require attention at both the judiciary and legislature levels. Moral rights are a significant aspect of copyright, but no more consideration was given to the question of moral rights. The moral foundations of copyright have been explored via a variety of illuminating case laws and international treaties under different jurisdictions. As it is depicted as a part of the intellectual property rights law, its complete segregation is impossible. Also, much remains to be done to cope with the development of the moral rights law.

Geographical Indication (GI) Laws in India and Its Implementation: A Critical Appraisal

Jayanta Ghosh, Oishika Banerji, Navajyoti Samanta, Ashish Bhargava — Fri, 25 Apr 2025 00:00:00 +0530

India is home to different products which are unique to its various regions. With the advent of the Geographical Indications of Goods (Registration and Protection) Act, 1999, the enforcement, adjudication and governance of Geographical Indications (GIs) is expected to preserve the cultural heritage, create international recognition and boost export income of these products. Although the goals of GI registration have been fulfilled to an extent, but such registrations hardly popularise the products beyond the exiting market and did it boost the export. The primary question which the paper aims to address is whether the laws has been successful in providing better protection of geographical indications relating to goods, in India, and investigate why the implementation has been inadequate. This paper focuses on less well-known GIs like madurkathi and nakshi katha and contrasts them with the more well-known GIs like Basmati Rice, Darjeeling Tea etc. to delve into the loopholes in the existing legislation and its implementations, focusing on obstacles for the producers in effectively marketing and protecting the reputation of such goods. The paper concludes with recommendations for changes in the legislation and implementation.

Rights of Internet Broadcasters in India

Aishwarya Chaturvedi — Fri, 25 Apr 2025 00:00:00 +0530

The paper aims to explore whether the current Indian copyright law regime accommodates and protects the rights of internet broadcasters. Internet broadcasting presents complex legal issues regarding copyright. Extending licenses beyond traditional broadcast mediums may prove to be cumbersome. Nevertheless, these issues need to be addressed so that both rights holders and end users can benefit from emerging technologies.

This paper will delve into the legal intricacies surrounding internet broadcasting in India. It will examine the Indian as well as international framework to explore how digital media's rapid growth has compelled lawmakers to revisit existing legislation. It will also analyse the meaning, scope and applicability of broadcasting, reproduction, distribution and making available rights. Accordingly, this paper will discuss the rights of broadcasters under the Indian Copyright Act and analyse whether internet broadcasting can be included within the current framework and the need for such inclusion.

Assessment of Food-related Geographical Indications in India

Navreet Kaur Rana — Fri, 25 Apr 2025 00:00:00 +0530

The paper assesses the applications filed for Geographical Indication (GI henceforth) tag in India in the classes 29 to 34 which for the purpose of this paper are referred to as ‘food-related applications’. It explores The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act henceforth) of the Indian Constitution synchronically as it stands now and suggests widening the scope of several terms like ‘reputation’ and ‘geographical’ which are decisive in granting GI status to a product. The author carefully maneuvers an unexplored territory of legal theories supporting Intellectual Property Rights and propounding that the theories support the rights of individuals and that ‘intellect’ is purely a human and not a geographical virtue. Thus, the right to Geographical Indication needs a new perspective with an intent that maximum products receive due protection with a streamlined and smooth process. The author also suggests adopting the nuances of the process of obtaining the GI from the European Commission in a culturally-sensitive manner. Towards the end, the author has briefly touched upon the role cultural and food anthropologists can play in bridging the gap between legal processes and its beneficiaries and has also talked about the potential topics for further research.

Interface between Legal and Moral Implications on Patenting Biotechnological Inventions: A Comparative Analysis of the Patents Law of India, the US and the EU

Helen P Azyu, Avishek Chakraborty — Fri, 25 Apr 2025 00:00:00 +0530

The biotechnology industry has seen one of the most significant expansions in the Patent Laws. It is challenging for a law to link with protecting the intangible property vested in biotechnology patents, as the biotechnology resources come from living organisms. Patenting biotechnological inventions raises legal, ethical and moral concerns. In the light of the current context, this paper examines patents law of Section 3(b) of the Indian Patents Act, 35 U.S.C Section 101 of the U.S. Patent Law, Article 53(a) of the European Patent Convention and Article 6 of the EU Biotech Directive. The paper compares the legal structure of these three countries, illuminating the similarities and differences in interpreting morality provisions by referring to various case precedents, statutes, and legal references within the patent laws of the United States and the European Union as a benchmark for evaluating India’s patent system. The paper proposes and suggests clarifying morality clauses of the Indian Patents Act to keep up with the advancements in Biotechnology inventions by providing a clear definition of morality and contrary to public order instead of patent controllers exercising their discretionary power unguided. The paper highlights that it is vital to consider moral and ethical implications as biotechnology evolves, ensuring that law and morality should foster a holistic and informed approach to shaping the future of biotechnological inventions in a global context.

A Techno-Legal Study on Current IPR Scenario for Commercialization of Biosimilars in the USA

Chandana N, Madhavi BLR, Shivanand K Mutta, Shrikanth Pulparambil — Fri, 25 Apr 2025 00:00:00 +0530

Biologics are essential medical innovations, but they often come at high cost, limiting patient access. Biosimilars provide lower-cost alternatives. However, their entry into the U.S. market is complicated by Intellectual Property Rights (IPR). The Biologics Price Competition and Innovation Act (BPCIA) established an abbreviated pathway for biosimilars, allowing reliance on clinical data from Reference Product Sponsors (RPS). Before IPR reforms, challenging patents was difficult and costly, as granted patents were presumed valid and re-examination processes were often ineffective. The objective of this article is to present, in a nutshell, the IPR scenario related to biosimilars from the perspectives of the patient, the innovator, the regulator, and the biosimilar manufacturers. Biologics and biosimilars are introduced, BPCIA provisions for resolving patent disputes are discussed, some case studies on patent litigation are reviewed, mentioning the patent dance, and Inter Partes Reviews. The article highlights the need for stricter patentability standards to mitigate patent thickets and secondary patenting practices that delay biosimilar market entry, ultimately advocating improved access to affordable biologic therapies and also providing reasonable protection for Biological innovations.

Contemporary Stance of Compulsory Licencing in the Indian Pharmaceutical Industry

Sushma Singh, Anushka Singh, Ravi Chandra Prakash, Raj Kumar Yadav — Fri, 25 Apr 2025 00:00:00 +0530

Patents are monopolies that prevent the infringement of a patent holder's work and encourage innovation. Compulsory licensing, or indirect expropriation, occurs when a government permits third parties to use a patented product or method without the holder's approval under certain conditions. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement, Doha Declaration, and Indian Patent Act of 1970 contain provisions for pharmaceutical patenting and a compulsory licensing system to prevent patent rights misuse. The COVID-19 pandemic has challenged global structures, particularly in the compulsory licensing arrangement for drugs under patent law. This article discusses the existing legal system for compulsory licensing in India, examines the TRIPS agreement's requirements, and discusses the status of compulsory licensing during the pandemic. The article also analyzes the intersection of CL with competition law and concludes with recommendations.

Issues of Plagiarism and Moral Right to Attribution When Using Work Created by Large Language Models

Paarth Naithani — Fri, 25 Apr 2025 00:00:00 +0530

The advent of large language models such as ChatGPT has led people to use text responses generated by large language models (LLMs) in their research publications. This paper explores the issues arising from such use, including - originality of ideas and work, originality of text generated by LLMs, and plagiarism and moral right to attribution when work created by LLMs is used by authors. The paper proposes a plagiarism policy for using text generated by LLMs. Broadly, the policy proposes the following. If a work copies the response of LLMs, the use of LLM should be acknowledged, and the text should be presented in quotations. The original source of the information must be searched and acknowledged. If the work paraphrases the response of LLM, the use of LLM should be acknowledged. The original source of the information must be searched and acknowledged. If the work resulted from ideas generated during interaction with LLM, the use of LLM should be acknowledged for the help in generating the idea.

Innovating Beauty: Unveiling the Role of Patents in the Cosmetic Industry

Sinjini Sen, Niharika Bhattacharya — Fri, 25 Apr 2025 00:00:00 +0530

The cosmetics industry, once largely based in traditional herbal formulations, has undergone a paradigm shift fuelled by technological developments and constant consumer demands for efficacy. This paper presents a study on the multifaceted changes occurring in the cosmetics sector, focusing on the pivotal roles played by patents in product development and protection. The research design involves a comprehensive approach, blending doctrinal research with a systematic review of literature. A detailed examination of global patent databases provides insights into current innovations and the competitive landscape of the cosmetics industry. The data show that patents are concentrated among key stakeholders, reflecting the competitive nature of the sector. The dynamic aspect of the cosmetics market is reflected in ongoing advancements in active herbal cosmetics, cosmeceuticals, and nutraceuticals. Owing to the availability of effective cosmetics notable shift in consumer preferences is observed towards high-performance cosmetic products. In conclusion, this paper contributes valuable insights into the intersection of patents and the cosmetics industry. The study underscores the critical roles of patents in navigating innovation and market competition.