LIJDLR

intellectual property

PERSONALITY RIGHTS: AN EMERGING INTELLECTUAL PROPERTY RIGHT OR A SHIELD AGAINST DEEPFAKES?

Volume III Issue IV /

PERSONALITY RIGHTS: AN EMERGING INTELLECTUAL PROPERTY RIGHT OR A SHIELD AGAINST DEEPFAKES? Manik Tindwani, Advocate, Rajasthan High Court (India) Vidhi Jangid, Student, University Five Year Law College, University of Rajasthan, Jaipur (India) Navya Paniyar, Student, University Five Year Law College, University of Rajasthan, Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.195 Personality rights now sit at a very fragile intersection of privacy, dignity, and commercial value in digital India. Rapid growth of generative AI and deepfake tools makes identity itself a manipulable asset which travels across borders in seconds. Celebrities, influencers, and ordinary users all face the risk that their face, voice, or mannerisms may be cloned for endorsement, humour, or even fraud without consent. Indian constitutional jurisprudence has recognised privacy and autonomy, yet statutory protection for personality remains fragmented across intellectual property and tort law. Recent Delhi High Court actions by film stars and digital creators show how personality rights are being tested against AI tools, deepfake filters, and viral content practices. This research examines whether personality rights in India are actually evolving into a distinct intellectual property right, or whether they still function mainly as a dignitary shield. It analyses how copyright, trademark, and passing off doctrines are stretched to respond to AI generated misappropriation of persona. It further evaluates whether such incremental judicial innovations are sufficient to deal with deepfakes, synthetic media, and cross border online harms. Comparative insights from EU and US frameworks highlight alternative approaches to publicity and image rights and raise important questions for Indian reform. The paper argues that Indian law must carefully frame personality rights to protect individuals against AI driven exploitation without chilling creativity, satire, and technological progress.

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GUARDIANS OF HERITAGE, ENGINES OF TRADE: GEOGRAPHICAL INDICATIONS AND INDIANS GLOBAL FOOTPRINT

Volume III Issue IV /

GUARDIANS OF HERITAGE, ENGINES OF TRADE: GEOGRAPHICAL INDICATIONS AND INDIANS GLOBAL FOOTPRINT Komal Muskan Pandita, 1st semester LLM Student at Amity Law School, Amity University, Punjab (India). Arshpreet Kour, 1st semester LLM Student at Amity Law School, Amity University, Punjab (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.160 Geographical Indications (GIs) represent one of the most vibrant crossroads of trade, intellectual property, and cultural background in international law. They basically are that form of intellectual property that protects the reputation, qualities, and distinctive character of a product linked to a specific geographical origin. For India, which boasts a wealth of agricultural products and diverse craft traditions, Geographical Indications (GIs) serve as legal tools that connect intangible cultural heritage to markets, income opportunities, and international branding efforts. This paper explores the Indian GI framework, its relationship with the TRIPS agreements, and the worldwide recognition and enforcement of Indian GIs. Through a variety of Indian case studies, including Darjeeling Tea, Basmati Rice, Banarasi Saree, Alphonso Mango, Kanchipuram Silk, Mysore Sandalwood Oil, Feni, Pochampally Ikat, Blue Pottery of Jaipur, and others, the paper assesses legal protection strategies, commercial results, enforcement difficulties, and the policy measures necessary to enhance both domestic impacts and international acknowledgment. This research integrates statutory interpretation, contextual analysis of treaties, registry data, and current case law, along with trade developments, to provide actionable suggestions for legal and policy adjustments aimed at enhancing the global competitiveness and cultural protection of Indian GIs.

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THE IP PROTECTION IN AI SYSTEMS: LEGAL ANALYSIS OF COPYRIGHT, TRADEMARK AND PATENT LAW

Volume III Issue IV /

THE IP PROTECTION IN AI SYSTEMS: LEGAL ANALYSIS OF COPYRIGHT, TRADEMARK AND PATENT LAW Purti Sharma, Amity Law School, Amity University Noida, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.122 Artificial Intelligence (AI) has significantly disrupted the conventional Intellectual Property (IP) laws and is presently considered as a novel source of creative and inventive contributions. The core problem originates from the fact that AI operates autonomously, thus, human authorship and creation are questioned along with issues of originality, ownership, and legal recognition. Both Indian and international statutory frameworks comprehend these issues through copyright, trademark, and patent law perspectives concerning AI, generated works and ideas. The foremost question in copyright law revolves around whether works created by AI can be considered as “original” and have an “author.” In order to determine the level of legal protection for works generated by machines, different legislations such as the U.S. Copyright Act of 1976, the Indian Copyright Act of 1957, and respective International Agreements are referred to. Artificial Intelligence, in effect, is a vital factor in branding strategies, in the generation of trade names, and in the evaluation of distinctiveness and the risk of confusion in trademark law. The change in technological viewpoint is noticeable in the provisions of the EU Trademark Regulations, the Lanham Act of 1946 (U.S.), and the Indian Trademarks Act of 1999 which deal with the issues of goodwill, consumer protection, and enforcement. Patent law is at a crossroad where questions of inventorship and novelty arise as a result of inventions created by or with the substantial involvement of AI. The Patents Act, 1970 (India), the U.S. Patent Act (35 U.S.C.), and The European Patent Convention (EPC) are the legislative instruments through which the discussions on whether AI can be recognized as an inventor are happening. The TRIPS Agreement (1995) serves as a basis for these talks at the international level. The primary goal is to determine whether the AI, IP law intersection is so complicated that it cannot be regulated by the existing legal frameworks alone and thus requires a reformed, specialized legal approach.

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FLUID TRADEMARKS IN INTELLECTUAL PROPERTY: THE VERSATILE NATURE OF BRAND IDENTITY

Volume III Issue II /

FLUID TRADEMARKS IN INTELLECTUAL PROPERTY: THE VERSATILE NATURE OF BRAND IDENTITY Palak P Kumar, B.A LL. B(H), Amity University Haryana Download Manuscript doi.org/10.70183/lijdlr.2025.v03.64 In the constantly evolving realm of global commerce, brands are perpetually searching for innovative methods to remain applicable and engage with their audiences. Traditional Trademarks, which were formerly immobile and unchanging, are now being replaced by a more dynamic and adaptable approach – Fluid Trademarks. This idea acknowledges that brand identity is not fixed; rather, it is a living, breathing reality that transforms in response to market trends, consumer preferences and cultural contexts. Fluid Trademarks signify a major shift in how brands perceive their identity which is important for brand protection.  The era of rigid, unchanging ensigns and symbols is over. Brands are now espousing flexibility and rigidity, enabling them to remain material in a fleetly changing environment. This strategy recognises that brand identity is not a static motion but a dynamic and evolving reality that can manifest in colourful forms. While fluid trademarks deliver multitudinous advantages, they also introduce challenges. A primary concern is the preservation of brand recognition and consistency. With a fluid trademark, icing that the brand’s identity remains invariant across all touch points can be grueling. Likewise fluid trademarks complicate the protection of brand identity under the Indian Indian Trademark Law as the brand’s identity is in a state of constant progression. As the global marketplace continues to change it is apparent that fluid trademarks will impact brand identity. By embracing flexibility and adaptability, brands can remain relevant, connect with new audiences and sustain a robust relationship with their customers. Looking ahead, it is clear that the most successful brands will be those that can strike a balance between consistency and creativity while navigating the complexities of the Indian Trademark Law. By comprehending the benefits and challenges associated with fluid trademarks, brands can leverage this approach to shape their identity and achieve success in the global business.

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ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE INTERSECTION OF INNOVATION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE

Volume III Issue II /

ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE INTERSECTION OF INNOVATION AND INTELLECTUAL PROPERTY RIGHTS IN THE DIGITAL AGE Suryansh Mishra, Symbiosis Law School, Nagpur Download Manuscript doi.org/10.70183/lijdlr.2025.v03.56 Issues protecting intellectual property have not been more challenging than when it comes to copyright law and artificial intelligence. The current trend in the use of artificial intelligence has caused unprecedented concerns in the copyright legislative sector. The mixed-method research approach applied in this paper implies the combination of doctrinal legal analysis and empirical investigation of the recent trends in litigation and regulating changes. This paper seeks to discover the current legal context surrounding the creation of AI-generated work through systemic examination of court submissions, regulatory papers, and industry briefings and provides a framework to which the fundamental questions of copyrightability, fair use and infringement of machine learning training data revolve around. Based on an examination of current legal proceedings, regulatory trends, and new jurisprudential components, the author discusses the ways in which old paradigms of copyright are changing to meet the unprecedented challenges that AI systems potentially offer in terms of creation, editing, and dissemination of content in massive quantities. Such a complex legal environment is identified to exist, as revealed in the research, where courts are taking a swing at core issues surrounding authorship, originality, among other outstanding issues touching on the free use of AI training. The category of research methodologies to be undertaken involves the analysis of more than 150 cases currently in litigation in a variety of jurisdictions and examination of regulatory frameworks in the United States, European Union, and other key jurisdictions, as well as the assessment of industry practices and technological solutions to the problem. The analysis will give an idea about the emerging trends in legal standards, possible ways of solving the issue, and the consequences of creators, technology companies, and people working in the law profession who operate in this changing environment.

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THE LEGAL BEAT: NAVIGATING TRADEMARKS IN MUSIC

Volume II Issue II /

THE LEGAL BEAT: NAVIGATING TRADEMARKS IN MUSIC Bhuvaneswari. S, Ph.D. Scholar, Alliance University, Alliance School of Law, Bangalore. Download Manuscript ABSTRACT This article explores the importance and complexities of trademark law in the music industry, emphasising its crucial function in safeguarding the identities and brands of musicians, bands, and their related merchandise. Trademarks, encompassing names, logos, and slogans, offer vital safeguarding against unjust competition and counterfeit merchandise, guaranteeing clarity to consumers regarding the source of items. The study also investigates the difficulties and legal intricacies involved in registering non-traditional marks, such as sound markings, as well as the current issues in Indian trademark law in comparison to global standards. The conversation highlights the necessity for more explicit legislative structures to protect the artistic and financial interests of musicians. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 437-454. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE

Volume I Issue II /

INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE Panya Sethi, Student, Symbiosis Law School, Noida Download Manuscript ABSTRACT Theft of intellectual property refers to the unlawful taking of any creative work, concept, trade secret, or sensitive information that is protected by intellectual property laws. Theft of intellectual property (IP) covers a broad spectrum of wrongdoing, from trademark and copyright violations to patent infringement.[1] Intellectual property theft may be devastating to individuals, companies, and governments that have spent years perfecting their work. Theft of intellectual property severely slows economic growth and innovation. The rapid expansion of digital infrastructure and resources has, unfortunately, made it simpler for cybercriminals to steal, copy, and distribute valuable intellectual property. The stakes are higher, and the demand for strict protection and enforcement of intellectual property is expanding as a result. Because the rightful owner of an IPR is able to prevent others from making use of the protected material, such rights are often referred to as “negative rights.” When a party other than the IPR owner or a person authorized by the IPR owner to use the right (a licensee) acts in a way that is inconsistent with the IPR, this is known as an infringement. Intellectual property infringement comes in many forms, and it’s important for lawyers, company owners, and shareholders to understand each one and how they may be prevented. Having a patent on an invention gives the creator the right to prevent others from profiting from their creation without permission. Copyright laws and trademark laws both aim to safeguard creative works against imitation. Protected works can always sue to prohibit others from copying or adapting them without permission. By definition, the holder of an IPR can forbid anybody else from profiting from the protected work without first obtaining the IPR holder’s consent. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 451- 467. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

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