Volume

Volume 4

Volume 4 of the Journal of Multi-Disciplinary Legal Research (JMDLR).

Issues

All papers in this volume

6 papers

Technology & LawVolume 4Issue 1Pages 1–13

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A Critical Analysis on Cyber Threats in Intellectual Property and Protecting Innovation in the Digital Age in India

Sorna S.G.Oct 28, 202610.5281/zenodo.23730367

This paper deals with the concept and issue of cyber threats to intellectual property (IP) and the protection of innovation in India's digital age. It examines the role of intellectual property rights (IPR) in the context of cyber threats, focusing on the laws and regulations that govern cybersecurity and IP protection. The paper also discusses the objectives, challenges, and policies related to cybersecurity in India. By analyzing various cyber threats, such as hacking, data breaches, and IP theft, the paper highlights their impact on innovation and economic growth in India. It reviews existing laws like the Information Technology Act and the Patents Act, identifying areas where these laws fall short in addressing cyber threats. Furthermore, the paper explores the potential of new technologies, such as blockchain and artificial intelligence, to strengthen IP protection. Finally, it suggests the need for stronger regulations, improved enforcement, and increased cooperation between stakeholders to better safeguard innovation and promote economic growth in India's digital landscape. This paper explores the rise of cyber threats to intellectual property (IP) in India and the gaps in existing laws to protect innovation. It includes examining the impact of cyber threats on IP. Assessing the current laws effectiveness. Exploring the tech solutions for IP protection. And suggesting ways to strengthen regulations.

#Cyber Threats#Intellectual Property#Innovation

0 citations2 downloads14 min readPDF Available (13 pages)

Technology & LawVolume 4Issue 1Pages 1–13

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AI Data Scraping and Fair Dealing Exception Under the Copyright Act

Safna NivasOct 28, 202610.5281/zenodo.23730274

AI companies train their systems on huge amounts of data collected from different writing, images and music copied from the internet, often without asking or paying the people who made it. This is not only a copyright problem in the present it is also a trade problem. Because when the data crosses the borders it has a market price and is treated differently in different countries. India has no law that specifically allows text and data mining so courts fit AI training sthe Delhi High Court did this for the first time, at the interim stage and it was held that training of large language models on openly published news content was fair dealing. This article asks three questions is that reading of the court correct, does it meet the three step test mentioned in Article 13 of the Agreement on Trade Related Aspects of Intellectual Property Rights and what are the reforms India need at the present scenario. It uses doctrinal and comparative methods, drawing on Indian case law, World Trade Organization panel reports, decisions from the United States and United Kingdom cases and rules in the European Union. Most of the existing discussion treats the issue only as a question of Indian fair dealing. This article looks at it through India's trade obligations as well, and asks what creators should receive when their work is used to build and train commercial AI products. It argues that creators deserve payment, and that Article 13of TRIPS points the same way. It suggest an amendment to the Copyright Act that permits AI training on lawfully accessed works, lets owners opt out, requires commercial developers to pay royalties through a collective system.

#Fair Dealing#Copyright Act#Data Scraping

0 citations0 downloads14 min readPDF Available (13 pages)

Social JusticeVolume 4Issue 1Pages 1–15

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An Evaluation of the Right to Speedy Justice in Domestic Violence Cases Against Women: An Empirical Study of Bhopal District Court

Ms. Prabal SijariyaOct 28, 202610.5281/zenodo.23730230

Domestic violence against women continues to constitute a serious social and legal problem in India. Although the Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides a comprehensive framework for protection orders, residence orders, monetary relief, custody orders and compensation, the effectiveness of these remedies depends substantially upon their timely implementation. The constitutional recognition of the right to speedy justice as an integral component of Article 21 assumes particular significance in domestic violence proceedings, where delay may expose women to continuing physical, emotional, psychological and economic hardship. This research evaluates the practical implementation of speedy justice in domestic violence matters before the Bhopal District Court. The study adopts a socio-legal methodology combining doctrinal and empirical approaches. The doctrinal component examines constitutional provisions, the PWDVA, judicial decisions and relevant legal literature. The empirical component is based upon questionnaire responses collected from stakeholders associated with the Bhopal District Court. The empirical tables in the study contain 53 valid responses. The findings reveal a substantial gap between the legal objective of speedy relief and its practical implementation. A majority of respondents considered speedy justice to be only partially implemented. The data further indicate that most domestic violence matters take between one and three years for disposal, while a significant proportion take more than three years. Heavy pendency, non-appearance of parties or witnesses, repeated adjournments, delay in service of notices, ineffective mediation, inadequate judicial infrastructure and delay attributable to advocates emerged as significant causes of delay. The consequences of such delay include financial hardship, mental stress, social stigma, family pressure and loss of faith in the justice system. The study argues that legal protection cannot become meaningful merely through statutory enactment. Effective enforcement requires institutional capacity, strict case management, adequate Protection Officers, accessible legal aid, gender-sensitive judicial administration and appropriate use of technology. The paper concludes with recommendations for strengthening speedy and victim-centred justice in domestic violence cases.

#Domestic Violence#Speedy Justice#Bhopal District

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Criminal LawVolume 4Issue 1Pages 1–56

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Corporate Governance Failures and Fraud Investigation: A Comparative Study of India's Serious Fraud Investigation Office and International Corporate Fraud Investigation Agencies

James Kingson. JOct 28, 202610.5281/zenodo.23730399

Corporate fraud in India has repeatedly exposed the weakness of the governance structures meant to prevent it, as the Satyam and IL&FS collapses show. India’s institutional answer is the Serious Fraud Investigation Office (SFIO), which has wide investigative and coercive powers under the Companies Act, 2013 but depends on the Central Government for the decision to prosecute. This study asks whether that dependence, rather than any shortage of investigative power, is the SFIO’s central institutional weakness. The study is doctrinal and comparative. It traces the SFIO’s origin in the recommendations of the Naresh Chandra Committee, analyses its statutory framework and arrest powers, and compares it with the UK Serious Fraud Office, the US Securities and Exchange Commission and Department of Justice, and Australia’s ASIC. It then surveys the Indian case law testing the SFIO’s powers and formulates a five-element institutional effectiveness framework covering investigative independence, coercive powers, prosecutorial integration, resource capacity and accountability. The study finds that the SFIO’s powers are broadly comparable to those of its international counterparts, that most litigation concerns the procedure of its actions rather than the substance of its findings, and that its clear weakness lies in prosecutorial integration. It recommends, among other reforms, an independent civil enforcement track for the SFIO modelled on the Australian experience.

#Corporate Governance#Fraud Investigation#Serious Fraud Investigation Office

0 citations0 downloads14 min readPDF Available (56 pages)

Technology & LawVolume 4Issue 1Pages 1–12

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Parallel Imports and the "Legitimate Reasons" Exceptions: Reconciling International Exhaustion and Trademark Protection Under Indian Law

Naziya. S, Abishek Jeba Marshal. JOct 28, 202610.5281/zenodo.23730307

Indian trademark laws permit sale of genuine goods that have been originally marketed abroad with the consent of the owner. Distribution of goods bearing a registered trade mark which has been put on the market in any form by the owner or with his approval shall not be deemed to be infringement.Section 30(3) of the Trade Marks Act, 1999 states that The Indian judiciary has generally interpreted this clause as favouring international exhaustion, which is a choice that the TRIPS Agreement allows each member nation to take. An exception to this rule is provided by sec. 30(4) that allows the owner to challenge further transactions if “legitimate reasons” for such a challenge exist, in particular where the condition of the goods has been changed or impaired after their release on the market. We look at the boundaries of that exception before it is superseded by the exception it alters. The law only mentions impairment as an example and does not cover any inconsistencies in packaging, formulation, warranty provisions, post-sale support or brand image. These are relied upon by brand proprietors to keep up with their standing and customer desires. Importers and consumer advocates say these same factors often help to drive market segmentation and keep prices apart. The Indian judiciary, especially the Delhi High Court, has addressed the matter on a case to case basis but without laying down any definitive standard. The article examines Sections 29 and 30 of the Act; Indian case law on grey-market imports; and two international regimes, by way of doctrinal and comparative analysis. The European Union is the first to adopt a trademark directive with a similar “legitimate reasons” provision. The second is the United States, where courts assess whether the imported goods are substantially different from domestically produced goods. The article argues that section 30(4) should be read restrictively and applied only to cases of identifiable damage to the goods or the function of the mark as an indicator of origin and quality. It suggests a four part test for courts to decide the importance of a discrepancy, the possibility of consumer deception, the adequacy of a lesser remedy such as relabelling or disclosure, and the party that carries the burden of proof. It also considers the role of competition law in controlling the use of trademark rights to restrict parallel trade.

#Legitimate Reasons#International Exhaustion#Parallel Imports

0 citations0 downloads15 min readPDF Available (12 pages)

PolicyVolume 4Issue 1Pages 1–22

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Tracing Public Money on the Blockchain: An Analytical Study of Smart-Contract-Based Welfare Fund Disbursement for Reducing Leakage, Fraud, and Administrative Corruption

Ms. Sarumathi G ROct 28, 202610.5281/zenodo.23730337

Public sector welfare programmes are formulated for transferring public money to intended beneficiaries. But the conventional disbursement machinery suffers from wide leakage, duplicate claims, delayed payments, weak audit trails and discretion-based administrative handling. Disaggregated databases, paper records, multi-layer approval systems, etc., worsen matters relating to welfare delivery. A smart-contract-based blockchain disbursement can improve transparency and accountability in welfare fund delivery. A combination analysis design is used and a simulated transaction level data set containing 200 welfare payments (100 traditional disbursement transactions and 100 smart contract-based blockchain transactions) support the analysis. The numerical data used for the statistical modelling in this paper is simulated for academic analysis and thus needs validation with actual government welfare disbursement data before policy implementation. The mentioned tests in the analysis include techniques pertaining to descriptive statistics, mean comparison, independent sample t-test, chi-square test, correlation analysis and simple regression. The results of the simulation suggest lower leakage, shorter payment delay, stronger completeness of the audit trails and reduced fraud flags in the Blockchain smart-contract model. According to the regression results, the higher the score for transaction transparency, the lower the leakage percentage. The study concludes that, as a permissioned, privacy-protecting and institutionally supervised system, blockchain can strengthen public finance governance. Nonetheless, blockchain cannot replace legal responsibility, social audit, grievance redressal and inclusive administrative design.

#Public Money#Welfare Fund#Smart Contract

0 citations1 downloads14 min readPDF Available (22 pages)

All papers in this volume

6 papers