LIJDLR

Volume III Issue II

RETHINKING INVENTORSHIP AND PATENT ELIGIBILITY IN AN AGE OF AI: A STUDY ON PATENTS AND ARTIFICIAL INTELLIGENCE

Volume III Issue II /

RETHINKING INVENTORSHIP AND PATENT ELIGIBILITY IN AN AGE OF AI: A STUDY ON PATENTS AND ARTIFICIAL INTELLIGENCE Atheesha M. V., Sree Narayana Law College, Poothotta, Affiliated to Mahatma Gandhi University, Kottayam, Kerala Vignesh R Bhat, Sree Narayana Law College, Poothotta, Affiliated to Mahatma Gandhi University, Kottayam, Kerala Download Manuscript doi.org/10.70183/lijdlr.2025.v03.81 This paper examines the evolving intersection between patent law and artificial intelligence (AI), focusing on two critical issues: the legal recognition of AI as an inventor and the patentability of AI-generated inventions. It analyses how patent regimes in key jurisdictions—including the United States, United Kingdom, European Union, and India—have responded to AI inventorship, particularly through landmark rulings such as the DABUS case. The paper adopts a doctrinal and comparative legal methodology, examining legislative frameworks, administrative decisions, and case laws. It explores the challenges posed by AI technologies to traditional patent criteria such as novelty, non-obviousness, and utility, and evaluates how existing legal standards are adapting to technological progress. Based on this analysis, the study proposes a hybrid inventorship framework and tailored patentability tests for AI-generated inventions to promote innovation while preserving human accountability.

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BRIDGING INNOVATION AND ACCESS: THE ROLE OF PATENTS IN GLOBAL TECHNOLOGY TRANSFER

Volume III Issue II /

BRIDGING INNOVATION AND ACCESS: THE ROLE OF PATENTS IN GLOBAL TECHNOLOGY TRANSFER Ayush Tiwari, 5th Year B.A.LL. B (H) Student at Hidayatullah National Law University, Chhattisgarh Download Manuscript doi.org/10.70183/lijdlr.2025.v03.80 This research paper delves into the intricate relationship between patent protection and technology transfer, emphasizing their significance in fostering innovation and economic development. It begins by elucidating the foundational principles of patent law, highlighting the exclusive rights granted to inventors and the multifaceted advantages these confer—ranging from market differentiation to long-term strategic value. The paper then critically examines the challenges posed by patent trolls, legal complexities, and the resulting inhibition of innovation. The discussion extends to various modes of technology transfer, including licensing, joint ventures, and strategic partnerships, underscoring their role in global knowledge dissemination and capacity-building. An analytical overview of international frameworks, particularly the TRIPS Agreement, demonstrates how harmonized patent standards and provisions for public health and dispute resolution aim to balance innovation incentives with equitable access. The paper further explores comparative national regimes in the European Union, the United States, and India, supported by landmark judicial precedents that shape patent jurisprudence and policy implementation. Through illustrative case studies—such as the Bayh-Dole Act, Apple v. Samsung, and the IAVI initiative—it evaluates both the successes and limitations of patent-driven technology transfer. Concluding with an exploration of emerging trends in biotechnology, blockchain, and open innovation, the paper calls for a recalibration of intellectual property systems to accommodate ethical, collaborative, and transparent practices. Ultimately, it advocates for a balanced approach that safeguards inventors’ rights while ensuring that innovation serves broader societal goals in an increasingly interconnected world.

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CROSS-BORDER MERGERS IN INDIA – LEGAL CHALLENGES AND REFORMS

Volume III Issue II /

CROSS-BORDER MERGERS IN INDIA – LEGAL CHALLENGES AND REFORMS Hiranya R, 8th Semester, BBALLB[H] Student at Presidency University, Bangalore. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.79 Cross-border mergers have emerged as a crucial mechanism for corporate restructuring in the context of globalization, particularly within India’s liberalized economic landscape. These transactions are legally facilitated under Section 234 of the Companies Act, 2013 and the Foreign Exchange Management (Cross Border Merger) Regulations, 2018, which jointly provide the regulatory foundation for both inbound and outbound mergers between Indian and foreign companies. However, despite the existence of this framework, several regulatory, procedural, and institutional challenges continue to hamper the seamless execution of such mergers. This paper employs a doctrinal legal research methodology, specifically the black-letter approach, complemented by comparative legal analysis to examine the legislative and regulatory framework governing cross-border mergers in India. It critically analyses the role and interplay of regulatory bodies such as the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), Competition Commission of India (CCI), and National Company Law Tribunal (NCLT), while also assessing judicial interpretations and statutory gaps. Key challenges identified include regulatory overlap, procedural inefficiencies, taxation uncertainties, recognition of foreign judgments, and the absence of a harmonized insolvency framework aligned with the UNCITRAL Model Law on Cross-Border Insolvency. By drawing comparisons with advanced jurisdictions such as the United States, United Kingdom, and Singapore—which have implemented streamlined procedures, institutional coordination, and investor-protective regimes—the study proposes a series of reforms. These include regulatory harmonization, extension of tax neutrality, adoption of international insolvency norms, and creation of a single-window clearance mechanism to strengthen India’s positioning as a competitive destination for cross-border mergers and acquisitions.

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THE REGULATORY CONUNDRUM: A MULTIDIMENSIONAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND ITS IMPLICATIONS FOR INDIAN STARTUPS

Volume III Issue II /

THE REGULATORY CONUNDRUM: A MULTIDIMENSIONAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND ITS IMPLICATIONS FOR INDIAN STARTUPS Parul Shukla, Law Centre II, University of Delhi. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.78 The Digital Personal Data Protection Act, 2023 (DPDP Act), marks India’s first comprehensive data protection legislation, reaffirming the constitutional right to privacy as upheld in K.S. Puttaswamy v. Union of India (2017). This paper employs a multidimensional analytical framework encompassing political, social, economic, technological, environmental, and legal (PSETEL) lenses to evaluate the Act’s implications on India’s startup ecosystem, particularly data-intensive sectors such as SaaS, health-tech, ed-tech, and fintech. Politically, while aligning with global benchmarks like the GDPR, the Act asserts digital sovereignty through the creation of the Data Protection Board of India, which wields enforcement and adjudicatory powers under Section 27, thus balancing innovation incentives under Section 17(1)(e) with concerns of potential executive overreach. Socially, the Act enhances data principal rights, including informed consent, correction, and erasure, expected to improve consumer trust, though requirements like verifiable parental consent (Section 9) may affect user acquisition strategies, especially in ed-tech sectors. Economically, compliance costs are projected to increase by 7–10% for early-stage startups due to obligations such as appointing Data Protection Officers and conducting Data Protection Impact Assessments, with non-compliance penalties extending up to Rs. 250 Crores under Schedule I. Technologically, the Act necessitates system-wide changes in data processing and architecture to meet principles of data minimization and purpose limitation, though its regulatory silence on AI and ML raises compliance ambiguities. Environmentally, data localization mandates could elevate energy demands through the expansion of domestic data centers, albeit offset partially by sustainable data minimization practices. Legally, the Act’s extraterritorial scope (Section 3), mandatory breach reporting (Section 8), and amendments to the RTI Act create regulatory uncertainties and increase administrative burdens, particularly for cross-border operations. Despite these challenges, the Act presents opportunities for startups to differentiate themselves through ethical data stewardship, thereby aligning with India’s ambition of achieving a USD 1 trillion digital economy by 2030.

THE REGULATORY CONUNDRUM: A MULTIDIMENSIONAL ANALYSIS OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023, AND ITS IMPLICATIONS FOR INDIAN STARTUPS Read More »

REIMAGINING BAIL JURISPRUDENCE UNDER THE PREVENTION OF MONEY LAUNDERING ACT: CONSTITUTIONAL CHALLENGES AND THE REVERSE BURDEN PARADIGM

Volume III Issue II /

REIMAGINING BAIL JURISPRUDENCE UNDER THE PREVENTION OF MONEY LAUNDERING ACT: CONSTITUTIONAL CHALLENGES AND THE REVERSE BURDEN PARADIGM Shreyashi Verma, BBA-LL.B., Third Year, Student at Institute of Legal Studies- SRMU, Lucknow. Ahmed Mehdi Khan, LL.B., Third Year, Student at University of Lucknow. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.77 The Prevention of Money Laundering Act, 2002 (PMLA) was introduced to prevent complicated financial crimes and to make sure that money gained through illegal activities does not go beyond the law’s reach. Section 45, which is a crucial element of its enforcement, imposes strict conditions for granting bail. It is also known as the ‘twin conditions.’ It effectively shifts the burden of proof onto the accused, meaning the accused has to prove their innocence through evidence and assure the court that if they are released, they won’t be engaged in any additional offence. Although the Supreme Court in the Vijay Madanlal Choudhary case confirmed that the conditions in question are constitutional and reasonable when it comes to economic offences. Still, there are ongoing worries about how this provision might impact the rights to a fair trial and the principles of procedural equity. It has led to a significant constitutional debate regarding personal liberty under Article 21 of the Indian Constitution. The research methodology includes a detailed analysis of statutory texts, interpretation of parliamentary discussions, and study of landmark judgements from both Indian and comparative jurisdictions. We place special emphasis on the Supreme Court’s decision in Nikesh Tarachand Shah vs. Union of India and Vijay Madanlal Choudhary vs. Union of India, along with subsequent rulings that demonstrate the judiciary’s progressive view regarding the reverse burden. It appears that the courts have been shifting between strict enforcement and partial constitutional arrangement. However, the larger issue of disproportionate pre-trial custody remains unaddressed. Although the reverse burden was intended to reduce money laundering, its rigid application without proper judicial oversight seems to infringe on fair trial. This article undertakes a doctrinal and jurisprudential analysis of Section 45, uncovering its legislative amendments, judicial responses, and evaluating its alignment with established constitutional norms.

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CORPORATE DEBT RESTRUCTURING: LEGAL INTERSECTION OF COMPANY LAW AND IBC

Volume III Issue II /

CORPORATE DEBT RESTRUCTURING: LEGAL INTERSECTION OF COMPANY LAW AND IBC Karthikeyan D, Presidency University Bengaluru Download Manuscript doi.org/10.70183/lijdlr.2025.v03.76 Corporate Debt Restructuring (CDR) is a critical mechanism within India’s financial ecosystem, designed to facilitate the revival of financially distressed companies while safeguarding broader economic stability. This article examines the evolving legal framework governing CDR in India, focusing on the intersection of company law, banking regulation, and insolvency legislation. The Companies Act, 2013, provides the statutory foundation for corporate-level restructuring decisions through Sections 230 to 232, which enable schemes of compromise and arrangement to be made under judicial supervision. Simultaneously, the Reserve Bank of India (RBI) has issued prudential frameworks, including the erstwhile Corporate Debt Restructuring Mechanism and the recent Prudential Framework for Resolution of Stressed Assets, guiding financial institutions in managing non-performing assets. The introduction of the Insolvency and Bankruptcy Code (IBC), 2016 marked a transformative shift in India’s restructuring regime by introducing a time-bound, creditor-driven resolution process with legal enforceability. The IBC complements existing restructuring frameworks by serving as both a deterrent and a formal resolution mechanism. Provisions such as Section 230 schemes during liquidation and the Pre-Packaged Insolvency Resolution Process (Pre-Pack IBC) reflect the integration of insolvency laws. Beyond statutory regimes, this article addresses contractual and security law dimensions, including loan renegotiations, covenant modifications, and enforcement of security interests under the SARFAESI Act, 2002. The analysis highlights judicial evolution through landmark rulings such as Essar Steel, Jet Airways, and Swiss Ribbons, which reinforce creditor rights and ensure procedural integrity. Despite progress, challenges persist, including regulatory overlaps, procedural delays, and inter-creditor conflicts. Recent developments such as RBI’s emphasis on out-of-court restructuring and India’s move toward cross-border insolvency norms signal a forward-looking approach. This article concludes that a harmonized framework combining company law, banking regulation, and insolvency law is essential for improving efficiency, enhancing creditor confidence, and strengthening India’s corporate resilience.

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PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA

Volume III Issue II /

PREDICTIVE POLICING AND CONSTITUTIONAL MORALITY: AN EVALUATION OF AI-BASED CRIME FORECASTING TECHNOLOGIES IN INDIA KAVIDHARANI R, Presidency University, Bangalore Download Manuscript doi.org/10.70183/lijdlr.2025.v03.75 The integration of Artificial Intelligence (AI) in law enforcement has led to the rise of predictive policing, an emerging technique that uses data analytics and machine learning to forecast potential criminal activity. While such innovations promise to enhance efficiency and prevent crime, they raise critical concerns in a constitutional democracy like India, where the values of liberty, equality, due process, and human dignity form the bedrock of governance. This paper critically evaluates the deployment of AI-driven predictive policing technologies in India through the lens of constitutional morality; a normative framework rooted in the transformative vision of the Indian Constitution. Focusing on initiatives such as CMAPS (Crime Mapping, Analytics and Predictive System), facial recognition, and algorithmic surveillance, the paper explores the socio-legal implications of data-powered policing. It examines how algorithmic bias, lack of transparency, and mass surveillance mechanisms pose risks to privacy, reinforce structural inequalities, and challenge the principles affirmed in landmark judgments such as Justice K.S. Putt swamy v. Union of India. Through doctrinal analysis and comparative insights from global practices, the study highlights the tension between technological advancement and constitutional safeguards. The paper argues that in its current unregulated form, predictive policing risks deepening systemic discrimination and undermining democratic freedoms. It underscores the urgent need for a rights-based AI policy framework, judicial oversight, and algorithmic accountability. By contextualizing predictive policing within the constitutional morality framework, this study seeks to initiate a discourse that prioritizes human dignity and constitutional values over mere technological expediency.

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CORPORATE COMPLICITY IN CONFLICT ZONES: LEGAL IMPLICATIONS OF GOOGLE’S ACQUISITION OF WIZ UNDER INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW

Volume III Issue II /

CORPORATE COMPLICITY IN CONFLICT ZONES: LEGAL IMPLICATIONS OF GOOGLE’S ACQUISITION OF WIZ UNDER INTERNATIONAL CRIMINAL AND HUMANITARIAN LAW Sumedha Pradhan, 3rd year student at National Law University Odisha Download Manuscript doi.org/10.70183/lijdlr.2025.v03.74 This article investigates the evolving doctrine of corporate complicity in international law through the lens of Google’s $32 billion acquisition of Wiz, an Israeli cybersecurity firm with reported ties to military intelligence. Amid allegations of international humanitarian law (IHL) violations, the article seeks to inquire whether such a corporate transaction could constitute a crime under International Criminal Law (ICL). While the Rome Statute currently excludes corporate entities from direct prosecution, this paper argues that despite the Rome Statute’s exclusion of corporate entities from direct prosecution, a framework for indirect corporate liability can still be established under existing principles of aiding and abetting. Further, an amendment to the Statute could change the entire scenario. It analyses actus reus, mens rea, and proximity to assess proximity. The analysis synthesizes ICL, IHL, and the UN Guiding Principles on Business and Human Rights (UNGPs) to outline the legal obligations of businesses in conflict with laws. It further evaluates the varied types of complicity via case laws and soft law instruments.  Applying this framework to the Google-Wiz case, the article identifies the areas of potential legal exposure and moral risk. It critiques the gaps in the Rome Statute and legally binding Zero Draft Treaty, proposing reforms to strengthen the current legal framework. Ultimately, this paper underscores the urgent need for a more enforceable legal regime for corporate complicity.

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