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INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA

Volume II Issue IV /

INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA Nandini Achhra, 3rd year – BALLB(H), Student at Vivekananda institute of professional studies, Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v02.52 The rise of non-fungible tokens (hereinafter referred to as “NFTs”) has changed the way digital properties operate and as such presents new possibilities for, in this instance intellectual property rights notably copyrights. This paper interrogates how the emergence of NFTs and blockchain technology are challenging, reconstituting conventional copyright law regimes NFTs – unique digital assets with proof of ownership verified through blockchain technology – have swept across an array of industries from art and music to entertainment, providing a new way for creators to both authenticate their work and monetize it online. However, the intersection of NFTs and copyrights raises complexities regarding ownership, infringement, and the scope of rights pertaining to NFT transactions. The paper assesses the current legal framework, scrutinizing how existing copyright laws pertain to NFTs, while also examining notable court cases and legal precedents. Additionally, it examines the implications of smart contracts, which are frequently employed in transactions to automate and enforce the terms of agreements, and their potential impact on copyright enforcement and licensing. The paper also examines the global aspect of copyright and NFTS, analyzing how various countries are adapting to these technological innovations. It emphasizes the difficulties of aligning copyright laws across different countries in the digital era and the potential for international treaties and agreements to contribute to the development of a unified legal framework for NFTS. Finally, the paper suggests possible changes and future paths for copyright law in response to the continuous development of non-fungible tokens and blockchain technology. The paper concludes that while NFTs present exciting prospects for monetizing and distributing digital content, a comprehensive and well-defined legal framework is essential to tackle the intricate copyright challenges they entail and safeguard intellectual property rights in the digital age. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 207-224. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS

Volume II Issue IV /

E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS Kriti Arora, BBA LLB (Hons.), GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2024.v02.51 This integration has dramatically impacted global economies in terms of unprecedented innovation and efficiency in digital transactions and financial services. This industry has relied on technological power in order to build an experience of seamless usage, accessibility enhancement, and an extension of reach for a market where economic growth and social inclusion are supported.[1]. However, this growth also poses unprecedented legal and regulatory issues, mainly in the realm of privacy concerns, cyber security threats, and the complex jurisdiction where cross-border transactions are encountered. This paper critically examines legal and regulatory frameworks governing e-commerce and fintech on both international and domestic levels, with a specific focus on India.[2]. It explores key legal instruments, such as the UNCITRAL Model Law, OECD guidelines, and India’s Information Technology Act, 2000, analyzing their effectiveness in addressing the challenges brought about by these rapidly evolving technologies.[3]. Further, the paper analyses significant case laws and interdisciplinary approaches with a view to unveiling insights into the preparedness of existing legal systems to respond to contemporary issues such as anti-money laundering and digital consumer protection. The analysis calls for harmonized and adaptive regulations that drive innovation while protecting consumer rights and financial stability. With this, the study gives recommendations on how to further improve legal structures by crossing borders, improving domestic policy, and increasing public awareness as a way of bridging the gaps. With all these, stakeholders can deal with the dynamic nature of e-commerce and fintech, ensuring sustainable growth within the digital economy and ethical compliance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 185-206. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE LEGAL IMPLICATIONS OF INFLUENCER MARKETING

Volume II Issue II /

THE LEGAL IMPLICATIONS OF INFLUENCER MARKETING Harsh Verma, Student at Galgotias University Download Manuscript Influencer marketing has disrupted the advertising sector by capitalizing on social media personalities and their large following and influence to promote products or services. The speed of this evolution has far outpaced the pace at which the corresponding legal frameworks are being developed, thereby raising major compliance and consumer protection concerns. The current study will, therefore, contribute towards the examination of the legal issues surrounding influencer marketing in areas such as disclosure requirements, challenges in enforcement that regulators face, and consequences in case of non-compliance. It will, therefore, seek an understanding of the current legal environment through analysis of existing regulations, legal cases, and the view of industry experts. This paper outlines the legal implications of influencer marketing through an analysis of current laws, regulatory guidelines, and notable legal cases. Based on a qualitative approach comprising a literature review and expert interviews, this study found yawning gaps in the existing legal regime and the challenges enforcement authorities face. Of particular note from the analysis is that the majority of influencers, along with brands, ignore or misunderstand the disclosure requirements—therefore engaging in deceptive advertising. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,181-1,202. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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ANALYSING THE BUYBACK OF SHARES IN INDIA

Volume II Issue II /

ANALYSING THE BUYBACK OF SHARES IN INDIA Usha G, BA. LL.B., Christ Academy Institute of Law, Bangalore Download Manuscript Buyback of shares have gained great prominence in India after the Amendment to companies Act in 1999, which allows companies to repurchase their own shares. This kind of strategy tries to restrict and limit share supply in the market, perhaps stabilizing or increasing prices, but their effectiveness varies greatly, raising concerns about their underlying worth. This paper analyses the reason for buybacks, including their influence on market value. Though buybacks can increase shareholder value, companies must balance this approach with long-term investments to avoid masking underlying financial issues. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,172-1,180. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION

Volume II Issue III /

METHODS OF INTERPRETATION OF STATUTES AND THE RECENT TRENDS IN INTERPRETATION Vrinda Yadav, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Mradul Prakash Agnihotri, B.A. LL.B (Hons) student at UPES, School of Law, Dehradun. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.25 This research paper comprehensively explores the historical evolution of statutory interpretation, spanning from the Blackstonian era to the contemporary period. Emphasizing the vital role of statutory interpretation in the judiciary, the paper aims to unveil true legislative intent and deliver justice, addressing complexities, unforeseen circumstances, and linguistic ambiguities within statutes. Traditional methods such as Literal or Grammatical Interpretation, the Golden Rule, the Mischief Rule, and the Purposive Approach are scrutinized for their respective advantages and disadvantages, considering factors like alignment with legislative intent and flexibility. Recent trends in statutory interpretation, notably the recognition of compensation as a remedy for fundamental rights violations, are examined, along with the judiciary’s role in statutory interpretation through judicial review marked by judicial activism. The paper concludes by highlighting the transition from the Literal Rule to the more flexible Purposive Rule, emphasizing its efficacy in addressing logical defects and fostering justice across diverse situations. In essence, the research provides a nuanced understanding of statutory interpretation’s evolution, traditional methodologies, and contemporary trends, showcasing its dynamic and adaptive nature in the realm of judicial interpretation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 416-436. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION

Volume II Issue III /

DEFENDING HUMAN RIGHTS IN THE FIGHT AGAINST HUMAN TRAFFICKING AND REFUGEE EXPLOITATION Oshin Johari, Advocate Download Manuscript doi.org/10.70183/lijdlr.2024.v02.24 The global refugee crisis and the proliferation of human trafficking represent two of the most pressing humanitarian challenges of our time. Often, these issues intersect, leaving refugees, already vulnerable, at heightened risk of exploitation by traffickers. This paper, titled “Trapped Between Borders: Navigating the Legal Labyrinth of Human Trafficking and Refugee Protection in International Law,” explores the intricate relationship between human trafficking and refugee flows, focusing on how current international legal frameworks address—or fail to address—the dual vulnerabilities faced by trafficked refugees. Drawing on case studies from conflict zones and regions with significant refugee movements, this paper critically examines the effectiveness of existing international instruments, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) and the 1951 Refugee Convention. It highlights the legal gaps and enforcement challenges that leave many trafficked refugees without adequate protection or recourse. The paper argues for a more integrated approach to international law, one that acknowledges the complex realities faced by refugees who are victims of trafficking. By proposing legal reforms and enhanced international cooperation, this study seeks to contribute to the development of more robust protections for some of the world’s most vulnerable populations, ensuring that they are not merely trapped between borders but are provided with the comprehensive support and justice they deserve. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 396-415. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA

Volume II Issue III /

LEGAL BONDS AND BREAKS: COMPARATIVE PERSPECTIVES ON MARRIAGE AND DIVORCE LAWS IN THE USA AND INDIA Jaydeep Findoria, Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.23 This is a comparative analysis of the complex legal structures surrounding marriage and divorce in the United States and India. Therefore, this research digs into the different marital arrangements recognized in both countries, procedural intricacies surrounding divorce cases, and the hurdles that come with cross-border divorces. The paper will revolve around the play of structures of law, cultural norms, and societal values against the tapestry of changing nature of matrimonial relationships and their dissolution between the two nations. Central themes discussed include issues relating to jurisdictional considerations, recognition of foreign decrees, and the legal precedents that cut across divorces across borders. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 388-395. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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REDEFINING LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI

Volume II Issue III /

REDEFINING LIABILITY: INTELLECTUAL PROPERTY CHALLENGES IN THE AGE OF AI Sarthak Sharma, Student of BA LLB at Himachal Pradesh National Law University, Shimla Download Manuscript doi.org/10.70183/lijdlr.2024.v02.19 The rapid advancement of artificial intelligence (AI) has raised significant challenges for traditional intellectual property (IP) frameworks, particularly regarding authorship, ownership, and liability for AI-generated works. This paper examines these issues within the context of India’s IP laws, specifically under the Copyright Act of 1957 and the Patents Act of 1970, highlighting the limitations of these frameworks in addressing AI’s complexities. AI-generated content blurs the line between human and machine creativity, making it difficult to assign ownership and enforce rights under existing legal structures that assume human authorship. Moreover, the patentability of AI-generated innovations is hindered by current laws that only recognize human inventors. The paper explores various challenges, such as determining liability for copyright infringement and the uncertainty of fair use when training AI models with copyrighted data. Proposed solutions include introducing new IP categories for AI-generated content, reforming authorship laws, enhancing transparency and accountability in AI systems, and developing AI-specific enforcement mechanisms. International cooperation and ethical considerations are also emphasized as critical to establishing a fair and effective global IP framework. Ultimately, the paper argues for an updated legal landscape that balances innovation and protection, ensuring India remains competitive in the evolving AI landscape while fostering responsible and ethical AI use. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 316-326. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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WITNESS PROTECTION: A COMPARATIVE STUDY AMONG USA, UK, FRANCE, AND INDIA

Volume II Issue III /

WITNESS PROTECTION: A COMPARATIVE STUDY AMONG USA, UK, FRANCE, AND INDIA Priyanka. C, Tamil Nadu Dr. Ambedkar Law University- School of Excellence in Law Download Manuscript doi.org/10.70183/lijdlr.2024.v02.18 “Whenever a man commits a crime, heaven finds a witness”                                                                                              –  Edward G. Bulwer The above statement shows the importance of witness in any criminal justice system. The role of witness in the criminal justice administration is extremely inevitable especially in an adversarial system where the burden of proof is on the prosecution and the prosecution depends on the witness and their statements. There are instances where witnesses had turned hostile and refused to help in finding the guilty of the accused person resulting in the acquittal of the accused who may have been guilty of charges. This poses threat to society because the question arises why witness has turned hostile or why they had not come forward in the first place to give evidence and perform their sacred duty of helping the justice system. When a person is to testify against a criminal particularly those having political, financial and man power to cause harm, they fear for their well-being and fail to fulfil their ethical duty to support the truth. Thus, the governments across the world recognised the need to protect witness to ensure the delivery of justice and enacted witness protection programmes. The study of witness protection programs in the US, UK, France, and India reveals significant differences in structures, implementation, and effectiveness, despite varying protection and resource allocation. This article highlights the development of witness protection programmes in United States, United Kingdom, France, and India. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 299-315. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION

Volume II Issue III /

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION Arpita Gupta, Student (Pursuing LL.M.) from Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.10 This research paper examines the economics of intellectual property rights (IPR) in India and the challenges of balancing innovation and market competition in the country. Intellectual property rights play a crucial role in promoting innovation and promoting market competition. However, finding the right balance between these two goals is crucial for sustainable economic growth. The article begins with an overview of intellectual property rights, including copyright, patents, and trademarks, and their economic significance. It examines the historical development of intellectual property in India and its impact on innovation and competition. The legal framework and institutions governing intellectual property in India are analyzed, focusing on key intellectual property laws such as the Copyright Act, the Patent Act, and the Trademark Act. Explore the strengths and weaknesses of India’s intellectual property system to understand its effectiveness in supporting innovation and promoting fair competition in the marketplace. The purpose of the case studies was to illustrate specific issues related to intellectual property rights in India, such as the pharmaceutical and software industries, as well as issues related to traditional knowledge. An Assessment of the Economic Impact of Intellectual Property Rights on Innovation and Market Competition in India Using Empirical Analysis. The paper presents policy considerations and recommendations to address India’s challenges in striking a balance between protecting intellectual property and promoting competition. Conduct an assessment of the current IP policy and identify areas for improvement in order to create an effective and balanced IP system. In conclusion, this study highlights the importance of striking the right balance between intellectual property rights, innovation, and market competition in India. Achieving this balance will foster the development of a thriving innovation ecosystem while ensuring equal access to knowledge and promoting healthy competition. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 141-163. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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