LIJDLR

Volume IV Issue I

COMPULSORY LICENSING AND ACCESS TO GENERIC MEDICINES IN INDIA: A CRITICAL STUDY

Volume IV Issue I /

COMPULSORY LICENSING AND ACCESS TO GENERIC MEDICINES IN INDIA: A CRITICAL STUDY Vanshika Jakhar, LLM (IP) Student at Amity University Noida, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.88 The affordability of medications is a critical social health concern in the developing world, and India uniquely straddles the realms of pharmaceutical advancement and social welfare. India has traditionally been recognized as a source nation for the production of generic drugs and the supply of these affordable medications to both domestic and international markets. However, this stance often conflicts with the notion of intellectual property (IP) protection, particularly in the realm of patent law. This research paper offers a critical examination of the concept of compulsory licensing (CL) as a legal and policy tool to balance the right to patent with the fundamental right to health. Mandatory licensing as per the provisions of the Indian Patents Act permits the government or designated entities to produce patented drugs without the consent of the patent owner under certain conditions, such as public health crises, unaffordability, or inadequate supply. Despite being recognized under international regulations like TRIPS, its application remains a political concern and a legal challenge. This study explores the evolution of CL in India, highlighting significant cases such as the Natco-Bayer case.

COMPULSORY LICENSING AND ACCESS TO GENERIC MEDICINES IN INDIA: A CRITICAL STUDY Read More »

GLOBAL ARTIFICIAL INTELLIGENCE GOVERNANCE: A COMPARATIVE LEGAL ANALYSIS OF APPROACHES BY SELECT COUNTRIES

Volume IV Issue I /

GLOBAL ARTIFICIAL INTELLIGENCE GOVERNANCE: A COMPARATIVE LEGAL ANALYSIS OF APPROACHES BY SELECT COUNTRIES Arya Sudhir Nikam, LLM in International Business Law, Kings College London, England Download Manuscript doi.org/10.70183/lijdlr.2026.v04.87 AI has in a relatively short time turned the world economic systems, governments, and social relations inside out, providing more opportunities for innovations and, at the same time, introducing complicated legal, ethical, and regulatory problems. With the continued amounts of AI technologies penetrating key industries including healthcare, finance, security, and state management, governments have to grapple with the implementation of efficient governance structures that are able to provide accountability, transparency and responsible technological advancement. This has led to the development of fragmented global AI governance where various jurisdictions have taken dissimilar methods of governance of AI depending on their institutional priorities, technological capabilities, and political systems. This research paper reviews the changing dynamics of the global governance of AI by comparing the legislation of the chosen jurisdiction, such as the European Union, the United States, China, India. The research design is a qualitative doctrinal research design and comparison with legal analysis to assess the major regulatory frameworks, policy initiatives, and institutional mechanisms regulating artificial intelligence. Specific focus is put on regulatory philosophies, enforcement tools, ethical protection and model-based risk-based governance which inform national AI governance practices. The results demonstrate that even though the principles of transparency, accountability, and risk management are common in most countries, their regulatory systems vary greatly. European Union has stressed a comprehensive regulation based on rights, United States has stressed an innovation driven regulation, China has a centralized state-centered approach and India is an emerging hybrid system which lays emphasis on policy direction and digital growth. The diversities underscore the difficulties of creating unified international regulatory frameworks of AI governance. The paper concludes that the successful regulation of AI globally will necessitate more international collaboration, common technical standards, and harmonized legal policies that have the ability to balance technological innovation and ethical and societal protection.

GLOBAL ARTIFICIAL INTELLIGENCE GOVERNANCE: A COMPARATIVE LEGAL ANALYSIS OF APPROACHES BY SELECT COUNTRIES Read More »

DIGITALIZATION OF ARBITRATION IN INDIA: CONSTITUTIONAL SAFEGUARDS, DUE PROCESS, AND THE RISE OF ONLINE DISPUTE RESOLUTION

Volume IV Issue I /

DIGITALIZATION OF ARBITRATION IN INDIA: CONSTITUTIONAL SAFEGUARDS, DUE PROCESS, AND THE RISE OF ONLINE DISPUTE RESOLUTION Vaibhav Pandey, Student, 6th Semester pursuing BBA LL.B (Hons) at Amity Law School, Amity University Uttar Pradesh, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.86 In India, the digitisation of arbitration shows a major shift towards modernising how disputes are resolved through arbitration, creating new and important questions regarding how these digital processes comply with the Constitution of India and whether they are fair. The Arbitration and Conciliation Act of 1996 has traditionally governed arbitration, but many courts now use technology to implement virtual hearings, e-filing, and Online Dispute Resolution (ODR) to administer their dispute resolution processes more quickly and efficiently, particularly as a result of the COVID-19 pandemic. The paper compares digital arbitration against both the current statutory and legal frameworks and technology trends to better understand how digital arbitration fits within the overall context of the Constitution, and how digital arbitration is governed by the rights and protections in Articles 14, 19, and 21. This study seeks to evaluate if digital arbitration respects the principles of equality, due process, and natural justice; in addition to examining the continued concerns of the digital divide, privacy of data, and enforcement against ODR mechanisms. Key research questions shape the inquiry regarding the fairness of virtual hearings, the accessibility of technology-based dispute resolution systems, and whether technology-based dispute resolution systems comply with the constitution. The study employs a doctrinal and comparative research methodology, analysing statutory law, judicial precedents, policy reports, and studies from other countries. The findings of the study suggest that while digital arbitration improves efficiencies, cost-effectiveness, and access to justice, it also creates new structural and constitutional threats. The conclusion of the paper advocated for a rights-based approach to the development of regulations which incorporate procedural protections, cybersecurity standards, and inclusiveness in order to promote that technological innovation remains consistent with the spirit of the Constitution.

DIGITALIZATION OF ARBITRATION IN INDIA: CONSTITUTIONAL SAFEGUARDS, DUE PROCESS, AND THE RISE OF ONLINE DISPUTE RESOLUTION Read More »

CUSTOMARY LAND RIGHTS, INDIGENOUS COMMUNITIES, AND ENVIRONMENTAL JUSTICE: LEGAL CONFLICTS AND POTENTIAL REFORMS UNDER THE FOREST RIGHTS ACT, 2006

Volume IV Issue I /

CUSTOMARY LAND RIGHTS, INDIGENOUS COMMUNITIES, AND ENVIRONMENTAL JUSTICE: LEGAL CONFLICTS AND POTENTIAL REFORMS UNDER THE FOREST RIGHTS ACT, 2006 Abhilasha Maurya, 3rd year, 5th semester Student at Siddhartha law collage Dehradun, Uttarakhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.85 Indian communities that coexist with forests have been one of the least socio-economically empowered groups and although their rights are being acknowledged under the scheduled tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006, the actual implementation of the rights is still challenging. The resources of forests can only be accessed by communities in a number of regions when the communities are in a position to assert collectively their claims and resist dispossession and this has resulted in long periods of struggle over the control of resources of community forests. The FRA is coupled with the continuous mobilization of communities; forest dwellers can use their rights in full and achieve better results in the cases of acquiring the forest land. On the international scale, the development of conservation zones through international agreements like the CBD and the Paris Agreement has in many cases curtailed the use of local lands and forests undermining not only the preservation of biodiversity but also the livelihood and health of native and forest-reliant communities. This has reinforced the agreement that conservation should be right-based and community-centered in recognition of the key role that the local people play in the ecosystems. The FRA of India offers a potent model of this kind of approach because it guaranteed the tenure, access to resources, and social justice, but the transformative potential of the process needed well-determined institutional mechanisms that would define the roles and responsibilities of all stakeholders. It is on this background conflicts current study will explore the ways in which the FRA has identified forest rights, the ways in which the tension between conservation as well as communal rights gives rise to livelihood and health disabilities, and how the conflicts can be resolved with a view of establishing ecological and social integrity through legal reforms.

CUSTOMARY LAND RIGHTS, INDIGENOUS COMMUNITIES, AND ENVIRONMENTAL JUSTICE: LEGAL CONFLICTS AND POTENTIAL REFORMS UNDER THE FOREST RIGHTS ACT, 2006 Read More »

INTELLECTUAL PROPERTY DUE DILIGENCE: PROTECTING INNOVATION IN MERGERS AND ACQUISITIONS

Volume IV Issue I /

INTELLECTUAL PROPERTY DUE DILIGENCE: PROTECTING INNOVATION IN MERGERS AND ACQUISITIONS Durga Sriram Sai Siddhartha, Student Pursuing 3rd year BBA LLB (hons) at Sastra Deemed University (India) Krishnamoorthi AS, Student Pursuing 3rd year BBA LLB (hons) at Sastra Deemed University (India) Manikanda Guru S, Student Pursuing 3rd year BBA LLB (hons) at Sastra Deemed University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.84 The critical importance of intellectual property (IP) due diligence within mergers and acquisitions (M&A) is greatly magnified in business segments that possess high amounts of innovation along with significant intangible assets that drive value. In light of the fact that the amount of value attributed to corporate entities is increasingly comprised of the intangible asset classes of patents, trademarks, copyrights, and trade secrets, a systematic identification, valuation and protection of intangible assets are a prerequisite for successful transactions. This research paper explores how IP due diligence serves multiple functions over the course of the M&A lifecycle, from the development of an asset inventory, verification of ownership and litigation analysis through to regulatory compliance and integration of the acquired company. This study highlights several high-profile acquisitions such as Google’s purchase of Motorola Mobility, Adobe’s acquisition of Figma, the acquisition of Alcatel-Lucent by Nokia, and Hewlett-Packard’s acquisition of Autonomy and demonstrates how a comprehensive evaluation of IP will identify hidden liabilities, strengthen a negotiating position and enhance overall strategic and financial returns. The paper also offers a collection of best practices and frequent pitfalls, comprising a practical framework that can be employed by legal professionals, corporate counsel and investors involved in transactions with a heavy reliance on innovation.

INTELLECTUAL PROPERTY DUE DILIGENCE: PROTECTING INNOVATION IN MERGERS AND ACQUISITIONS Read More »

COMPETITION LAW AT THE CROSSROADS: A DECADE-LONG APPRAISAL OF CCI’S ENFORCEMENT IN INDIAN DIGITAL MARKETS, 2015–2025

Volume IV Issue I /

COMPETITION LAW AT THE CROSSROADS: A DECADE-LONG APPRAISAL OF CCI’S ENFORCEMENT IN INDIAN DIGITAL MARKETS, 2015–2025 Rajib Kumar Das, Research Fellow, Department of Law, University of Burdwan, West Bengal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.83 This article critically examines the effectiveness of the Competition Commission of India’s (CCI) enforcement in digital markets between 2015 and 2025, a period marked by the emergence of multi-sided platforms, data-driven market power, network effects, and rapid technological change that have amplified risks of gatekeeper dominance and consumer exploitation. The study assesses whether ex-post, complaint-driven antitrust enforcement has delivered deterrence, compliance, market impact, proportionate penalties, effective remedies, and timely outcomes in India’s digital economy. Using a mixed-methods design combining doctrinal analysis of CCI orders with empirical assessment of enforcement outcomes, review of appellate proceedings, and structured comparative institutional analysis of the European Commission, US FTC/DOJ, and UK CMA, the evidence base synthesises 162 papers on CCI effectiveness and India’s digital competition framework. Across approximately 30-40 platform investigations between 2015-2025, 40-50 per cent of concluded matters resulted in infringement findings, with total penalties of approximately INR 2,487 crore based on the major cases analysed in this study, driven by landmark actions against Google (Android: INR 1,337.76 crore; Play Billing: INR 936.44 crore) and Meta (WhatsApp: INR 213.14 crore). While the aggregate across all platform investigations during this period may be higher, a comprehensive publicly verifiable breakdown is not available. Despite analytical sophistication and detailed behavioural remedies, major findings indicate limited deterrence, delayed compliance, and minimal market-structure change, with persistent dominance (Google >95 per cent in search and Android app stores; WhatsApp >80 per cent in messaging). Procedural inefficiency is central: investigations typically take 3-5 years, and, with appellate stays, enforcement extends to 7-10 years, undermining remedy implementation. The article concludes that traditional ex-post enforcement alone is insufficient for systemic digital market power, supporting a hybrid ex-ante/ex-post framework including obligations for systemically significant digital enterprises, alongside reforms on interim measures, penalty calibration based on global turnover, technical monitoring capacity, and international cooperation.

COMPETITION LAW AT THE CROSSROADS: A DECADE-LONG APPRAISAL OF CCI’S ENFORCEMENT IN INDIAN DIGITAL MARKETS, 2015–2025 Read More »

ANTICIPATORY BAIL UNDER BNSS: SCOPE, LIMITATIONS, AND CONFLICTING JUDICIAL INTERPRETATIONS

Volume IV Issue I /

ANTICIPATORY BAIL UNDER BNSS: SCOPE, LIMITATIONS, AND CONFLICTING JUDICIAL INTERPRETATIONS Hastakshar Singh, Student, 10th Semester, BA LLB(H), Amity Law School, Amity University Lucknow (India) Dr. Axita Srivastava, Assistant Professor at Amity Law School, Amity University Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.82 Anticipatory bail operates as a critical safeguard against arbitrary arrest and unnecessary pretrial detention, drawing normative strength from Article 21 and the presumption of innocence. The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has re-codified criminal procedure and recast anticipatory bail through section 482, broadly retaining the structure of section 438 of the Code of Criminal Procedure, 1973 while introducing notable textual and policy shifts. This paper undertakes a doctrinal and analytical study of anticipatory bail under BNSS, focusing on its scope, statutory conditions, and emerging judicial interpretations. It examines the constitutional foundations of prearrest liberty, the relationship between anticipatory bail and investigative needs, and the operational significance of conditions designed to prevent tampering, intimidation, and noncooperation. Particular attention is given to the categorical exclusion under section 482(4) for specified aggravated sexual offences under the Bharatiya Nyaya Sanhita, 2023, and the interpretive controversies arising from its language. The paper also maps conflicting approaches among courts on maintainability, duration, and interaction with special statutes, highlighting the risks of inconsistency and forum shopping. It concludes by proposing interpretive and institutional measures to ensure that BNSS anticipatory bail jurisprudence remains constitutionally coherent, victim sensitive, and uniformly applied.

ANTICIPATORY BAIL UNDER BNSS: SCOPE, LIMITATIONS, AND CONFLICTING JUDICIAL INTERPRETATIONS Read More »

INSIDER TRADING REGULATIONS IN INDIA AND THE UNITED STATES: A COMPARATIVE LEGAL ANALYSIS

Volume IV Issue I /

INSIDER TRADING REGULATIONS IN INDIA AND THE UNITED STATES: A COMPARATIVE LEGAL ANALYSIS Tanishqa Kesarwani, Student, 10th Semester, BA LLB(H), Amity Law School, Amity University Lucknow (India) Dr. Axita Srivastava, Assistant Professor at Amity Law School, Amity University Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.81 Insider trading poses a serious threat to the fairness, transparency, and integrity of securities markets by allowing certain market participants to exploit unpublished price sensitive or material nonpublic information for personal gain. This research paper undertakes a comparative legal analysis of insider trading regulations in India and the United States, examining their conceptual foundations, regulatory frameworks, and enforcement mechanisms. The study analyses the evolution of insider trading law in India under the Securities and Exchange Board of India Act, 1992 and the SEBI (Prohibition of Insider Trading) Regulations, 2015, and contrasts it with the United States regime developed primarily through the Securities Exchange Act of 1934, Rule 10b-5, and judicial doctrines such as the classical theory, tippee liability, and the misappropriation theory. The paper highlights how India follows a predominantly possession based and rule driven regulatory approach, while the United States relies on a fiduciary duty and deception-based model shaped by judicial interpretation. Through an examination of statutory provisions, landmark judicial decisions, and enforcement practices of SEBI and the US Securities and Exchange Commission, the study evaluates the effectiveness of both regimes in protecting investors and maintaining market integrity. The paper concludes by identifying regulatory gaps and best practices and offers reasoned suggestions for strengthening the Indian insider trading framework in light of comparative insights.

INSIDER TRADING REGULATIONS IN INDIA AND THE UNITED STATES: A COMPARATIVE LEGAL ANALYSIS Read More »

ONLINE PIRACY AND ARTISTIC WORKS: ANALYSING INDIA’S COPYRIGHT FRAMEWORK IN THE DIGITAL AGE

Volume IV Issue I /

ONLINE PIRACY AND ARTISTIC WORKS: ANALYSING INDIA’S COPYRIGHT FRAMEWORK IN THE DIGITAL AGE Manisha Nath, LLM (IPR)/1year/2nd semester Student at Amity University Noida (India) Dr. Bhavna Batra, Assistant Professor of Law at Amity University Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.80 The high growth rate of the digital technology has changed the way artwork is created, distributed and consumed in India. Although digital platforms have improved the accessibility and visibility of artists, they have also intensified the menace of online piracy. Photos, paintings, films, music and digital art, like other artistic works, are now easily replicated, distributed and misused without permission, resulting in significant financial loss and moral harm to artists. In this paper, the author discusses the nature of online piracy affecting artistic works and critically evaluates the suitability of the copyright system in India to meet the challenges of the digitalized world. The paper examines the boundaries of protection offered under the Copyright Act 1957 with specific reference to the rights of the copyright holders, the notion of infringement and the intermediaries. It considers the application of traditional principles of copyright to digital setting and points out the shortcomings that are presented by the technological complexity, anonymity of the violators and jurisdiction concerns. The judicial responses to online piracy are analyzed to see how the courts have tried to reconcile between the copyright owner interests and the freedom of speech and access to information. The rising adoption of website blocking injunctions and intermediary liability are indicators of an ever-expanding judicial acknowledgment of web piracy as a structural and not discrete crime. The effect of comparative legal approaches as well as international commitments of India through the world copyright treaties is also discussed in the paper. It draws out the conclusion that although the copyright system of India has been slowly adapting to the digital reality due to the changes in the copyright statutes and the creative use of the judicial process, the gaps in the enforcement quality and the reaction to the technological environment still exist. The research highlights the necessity to provide a more articulate statutory regulation, enhanced institutional structures and enhanced enlightenment to facilitate a successful and equitable safeguarding of artistic creations in the digital age.

ONLINE PIRACY AND ARTISTIC WORKS: ANALYSING INDIA’S COPYRIGHT FRAMEWORK IN THE DIGITAL AGE Read More »

BRAND BEYOND BORDERS: LICENSING AGREEMENTS IN THE GLOBALIZATION OF FASHION BRANDS AND THE LEGAL ARCHITECTURE OF INTELLECTUAL PROPERTY ENFORCEMENT IN INDIA

Volume IV Issue I /

BRAND BEYOND BORDERS: LICENSING AGREEMENTS IN THE GLOBALIZATION OF FASHION BRANDS AND THE LEGAL ARCHITECTURE OF INTELLECTUAL PROPERTY ENFORCEMENT IN INDIA Soumojit Mazumdar, 10th Semester Student pursuing BBALLB(H) at Techno India University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.79 The problem of globalisation of fashion brands and the use of licensing agreements makes the provision of legal regulations rather complicated, particularly the Intellectual Property (IP) protection in various jurisdictions. The article examines the strategic importance of licensing arrangements for international expansion, accompanied by an analysis of the legal risks associated with cross-border IP protection, focusing specifically on the legal environment of the Indian market. Based on the comparison of IP enforcement systems, previous case laws and regulatory environments, the study has found that there are fundamental weaknesses in the protection of trademarks, design rights and brand integrity in the jurisdictions. The paper proposes that the evolving IP regime in India, as presently governed by the Trademarks Act 1999, the Designs Act 2000, and the Copyright Act 1957, all of which remain in force, offers international fashion firms’ significant opportunities and corresponding implementation challenges in the context of licensing arrangements. By comparing judicial precedents such as Christian Louboutin SAS vs Pawan Kumar and Louis Vuitton Malletier vs Sheru Shiv Kumar, this paper sheds light on the jurisdictional issues in IP litigation, forum shopping and the effectiveness of the injunctive relief mechanism. The study suggests the detailed mitigation of any framework that involves contractual protection and technological authentication, strategies of jurisdictional choice, and partnering enforcement strategies. This structure is responsive to the imperatives of quality control, provisions on territorial exclusiveness, restrictions on sub-licensing and dispute resolution architectures tailored to the Indian market environment. The results are of value to the legal literature on transnational protection of brands and give useful insights into the fashion business that would handle the globalisation process of licensing as a complex strategy in new markets.

BRAND BEYOND BORDERS: LICENSING AGREEMENTS IN THE GLOBALIZATION OF FASHION BRANDS AND THE LEGAL ARCHITECTURE OF INTELLECTUAL PROPERTY ENFORCEMENT IN INDIA Read More »