Author: lexgazette

Ms Manvi Jain & Dr Arun Sharma
DOI:

Abstract

As markets expand globally, the friction between liberal branding options and public-morality oriented speech emerges at the forefront again, particularly in India with constitutional guarantees for freedom of expression. In light of the same, this research paper employs doctrinal and comparative analysis to examine the conflict within the context of other more recent controversies, such as the notorious CHUTIYARAM trademark case (2025), wherein an otherwise accepted mark by the Trade Marks Registry was quickly withdrawn following public outcry and accusations of moral impropriety. Further, this study makes a detailed examination of the statutory and judicial stance in India, with particular focus on Section 9(2)(c) of the Trade Marks Act, 1999. It draws upon various real-life examples of trademarks which have proven to be offensive and derogatory, including cases on FCUK, CHUTIYARAM, Myntra logo, BOB: Baap of Bakchod, and Sanskari Sex. In reviewing these cases, this paper demonstrates inconsistent applications of Section 9(2)(c) and evidence of administrative bias by the Trademark Registry. The paper also demonstrates the inadequacies within the Trade Marks Manual and proposes a question of clarity around definitions, and substantive reform. Lastly, the research aims to critique and improve India’s trademark law, contributing to the reform agenda and constitutional dialogue. It emphasizes the need for trademark law development that preserves freedom while maintaining decency, providing a foundation for the future in the context of creative marketing.

Keywords

Offensive or Scandalous, Trademark, Morality, Freedom of Speech & Expression, and Section 9 (2)(c)

Ms. Ashi Gupta
DOI:

Abstract

This research paper critically examines the intricate landscape of patent laws and regulations governing genetically modified (GM) seeds, offering a comprehensive analysis of their legal, economic, ethical, and environmental dimensions. The study navigates the evolving legal frameworks in key jurisdictions, including the United States, the European Union, and India, highlighting commonalities and divergences in approaches to intellectual property protection for agricultural biotechnological innovations. It scrutinizes landmark judicial decisions that have shaped this legal terrain, revealing how courts balance proprietary interests of biotechnology corporations against broader public interest concerns, such as farmers’ rights and food security. Particular emphasis is placed on the Indian context, where the Protection of Plant Varieties and Farmers’ Rights Act, 2001 offers a unique alternative to conventional patent regimes, aiming to reconcile agricultural innovation with the safeguarding of farmers’ traditional rights to save, use, exchange, and sell farm-saved seeds. Ultimately, this paper aims to contribute to the global discourse on intellectual property rights in agriculture by synthesizing diverse perspectives and proposing pathways toward more equitable, transparent, and sustainable agricultural policies that foster innovation while prioritizing food security, protecting farmers’ rights, and preserving agricultural biodiversity for future generations.

Keywords

Genetically Modified Seeds, Patent Law, Intellectual Property Rights, Agricultural Innovation, Farmers’ Rights, Food Security, Environmental Ethics

Ms. Prachi Rai & Dr. Vartika Saxena
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Abstract

The suitability of current legal frameworks for safeguarding fashion designs is the main focus of this study, which explores the relationship between intellectual property rights and the Indian fashion industry. The main goal is to assess how well Indian intellectual property laws, more especially, the Designs Act of 2000, the Copyright Act of 1957, and the Trade Marks Act of 1999, address the fast-paced and dynamic nature of the fashion industry. This study uses a doctrinal research methodology and incorporates information from international conventions like TRIPS, statutes, court rulings, and comparative analysis between the legal systems of the United States and the European Union. The study shows that although Indian IP laws provide some protection, they are disjointed and unprepared to handle issues like design piracy, fast fashion replication, and insufficient enforcement. Judicial inconsistencies and the pressing need for legal reform are highlighted by case studies, which include seminal rulings such as Christian Louboutin v. Yves Saint Laurent and Ritika Pvt. Ltd. v. Biba Apparels. The study also examines economic aspects such as IP valuation and commercialisation, emphasising the necessity of policy interventions, IP literacy, and a sui generis law tailored to the fashion industry. According to the findings, in order to sustain creativity, a more unified, flexible, and designer-friendly intellectual property regime is required to foster innovation and increase India’s level of global competitiveness in the fashion sector.

Keywords

Fashion Law, Intellectual Property Rights, Design Protection, Trademark, Indian Legal Framework, Sui Generis Law, Fashion Industry

Dr. Raina Midha & Dr. Syedah Fatima Zahara Jafri
DOI:

Abstract

The Right to Repair (R2R) movement has gained momentum globally as consumers advocate for greater access to repair information, tools, and parts for the products they own. The ‘Right to Repair’ movement signifies a transformative shift in consumer rights, sustainability endeavours, and legal frameworks, both internationally and within India. This paper explores India’s proactive measures in implementing the Right to Repair, including the establishment of the Right to Repair Portal and proposed legislative frameworks, demonstrating a commitment to address consumer needs amidst restrictive trade practices. By identifying key sectors and leveraging existing legal precedents, India aims to balance intellectual property rights with consumer choices effectively. Legal precedents, including the Shamsher Kataria v. Honda Siel Cars India Ltd. and Sanjeev Nirwani v. HCL cases, contribute to evolving jurisprudence on the Right to Repair, emphasizing the intersection of competition law, consumer protection, and repair rights. While initiatives like the Right to Repair Portal signify progress, challenges and opportunities for refinement remain. Enhancing portal functionality, expanding its scope, and addressing manufacturers’ concerns are crucial for empowering consumers and promoting sustainable practices. Ultimately, this paper explores that how the Right to Repair movement holds significant promise for advancing consumer rights, fostering environmental sustainability, and driving innovation in India and beyond, contingent upon ongoing collaboration and dialogue amongst stakeholders.

Keywords

Right to Repair, Consumer Right, Sustainability, India, Legal Frameworks

Mr. Himanshu Tiwari

DOI:

Abstract

This paper discusses the role of independent directors in modern corporate governance by ensuring accountability, transparency, and ethical management. It also explains the primary functions of the independent directors which are oversight of objectives and independence from the company’s management. This paper also urges how independent directors protect the interests of stakeholders by making transparent decisions. It also deliberates the contribution of independent directors in corporate governance by providing their expertise in decision-making, enhancing board diversity, and mitigating conflict of interest. This paper also unleashed the evolution of corporate governance in India based on the evolution of the different committees and the laws that govern independent directors. In it the effect of having a good ability of independent directors, the importance of diversity of independent directors, the independently made judgment’s impact on the governance, effective functioning of the combination of executive directors, the constitution of the board by the audit committee and the remuneration committee. This paper also emphasizes the impacts on the governance of the corporation of having an independent director as unleashing the effective functioning of the company, enhancing credibility as well as the supervision of independent directors. It also has some highlighted situations where there is a requirement for independent directors such as financial distress or a restructuring plan, family-owned business, regulatory compliance, and risk management, enhancing board multiformity, misappropriation of funds as well as fraud, crises management, and conflict resolution in addition to in case of merger and acquisition the pivotal role of independent director in governing the corporate.

Keywords

Independent Directors, Corporate Governance, Non-executive directors, Impact, Facilitation, Conflict of Interest

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Mr. Lokesh kumar, Ms. Rakeshita Shastri
DOI:

Abstract

India made its own Competition Law in the year 1969 named MRTP Act, 1969. But it was not fulfilling the need of India, so a new Act came into force in the year 2002 named as the Competition Act, 2002. Mergers and Acquisitions are provided under the name combination as given under the section 5 of the Competition Act, 2002 and the provisions for its regulation is given under the section 6 of the Act. These provisions were added to the Act in the year 2007. Powers and Duties of the Competition Commission of India (CCI) is given under the Chapter IV of the Act. But all these provisions are not making the CCI completely competent in the regulation of combinations. So, this article is also dealing with the incompetency of CCI in the regulation of combinations as well.

Keywords

Merger, Acquisition, Combination, Competition Commission of India, Appreciable Adverse Effect on Competition (AAEC)

Dr. Navpreet Kaur
DOI:

Abstract

The impact of artificial intelligence and technological advancements on the justice delivery system in India can be significant, bringing both opportunities and challenges. The adoption of technology might face resistance due to concerns about job displacement and the need for retraining of legal professionals. Ensuring the reliability and fairness of AI algorithms is crucial to avoid biases in legal outcomes. Concerns about data privacy and the potential for bias in predictive algorithms need to be addressed to maintain fairness and transparency. The digital divide and limited access to technology in some areas may exacerbate existing inequalities in access to justice. The increasing reliance on digital platforms makes the justice system vulnerable to cyber threats, and there is a need for robust cybersecurity infrastructure. Ensuring the reliability of virtual proceedings and addressing concerns related to the digital divide and technological literacy among legal professionals and the public. Addressing ethical concerns, such as algorithmic bias, accountability, and the potential for misuse of AI tools, is critical to maintaining public trust in the justice system. AI and technological advancements offer the potential to transform the justice delivery system in India positively, careful consideration of ethical, legal, and societal implications is necessary to ensure a fair and accessible legal system for all. Striking a balance between technological innovation, safeguards, and transparency is essential to unlocking the full potential of AI in the legal field.

Keywords

Access to Justice, Cybersecurity, Algorithmic Legal Analysis, Judicial Automation, Revolutionizing Justice

Prof. (Dr.) Shobha Gulati
DOI:

Abstract

Technology is arguably the most influential force shaping the education sector today. As an essential aspect of 21st-century life, often referred to as the “fourth revolution,” technology presents both challenges and opportunities. Its complexities are deeply connected to broader social developments. During global school closures, teachers, students, and families demonstrated remarkable achievements using even basic technologies. Education, being one of the most crucial elements of human life, was among the first sectors to be severely impacted by the pandemic, as maintaining social distancing was impractical on school premises. The integration of technology into education represents one of the most profound transformations the sector has ever experienced. Technological advancements are reshaping the roles of teachers and students alike. Technology serves as a powerful tool, enhancing and revolutionizing education in numerous ways. It simplifies the creation of educational content for teachers while opening up innovative, engaging methods for learning and collaboration. By reducing the workload for educators and helping students grasp concepts more effectively, technology influences both teaching methods and learning experiences. Furthermore, technology-driven learning and assessment systems play a crucial role in improving educational outcomes. They generate valuable data that can be used to continuously refine and enhance the education system across all levels

Keywords

Technology, Education, Covid-19, Positive and Negative Impacts, Teaching Methods

Ms.Nilam Prajapati
DOI:

Abstract

In this paper, the concept of constitutional morality as expounded by the Supreme Court of India in various landmark decisions like Manoj Narula v. Union of India, Navtej Singh Johar v. Union of India, Govt. of NCT, Delhi v. Union of India and many more, is looked and assessed through the prism of positivism and natural law school. The jurisprudential inquiry into the decisions rendered are evaluated through the theories propounded by jurists like HLA Hart, Hans Kelsen, Lon Fuller and Gustav Radbruch. In context of both the positivist Hart and Kelsen, it is found that their digression from their predecessors is infinitesimally inclined towards an internal assessment of law, whereas morality finds consonance and a place of pride in the theories of Fuller and Radbruch. Further, in its last section the paper investigates the fine contours of the seminal Hart and Fuller debate that has helped shape the modern understanding of the relationship at exits between law and morality. Appositely, this relationship is then explored within the Indian constitutional framework and in conclusion, the paper endeavours to provide a logical jurisprudential analysis to the concept of constitutional morality.

Keywords

Constitutional Morality, Separation of Law and Morals, Indian Constitution, Pure Theory of Law, Lawless Law