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LONG ARTICLE- COMPETITION LAW

This Long article has been written by Ananya P Saji and co-authored by Shreyanshi Tiwari. Ananya and Shreyansh are law students at Christ(Deemed To Be University).

ABSTRACT

The article provides an in-depth evaluation of the Competition Law in India, outlining its evolution from the Monopolies and Restrictive Trade Policies (MRTP) Act, 1969, to the enactment of the Competition Act, 2002. It begins by putting forward the concept of the competition and highlighting various international perspectives on competition policies, showcasing shared objectives among various jurisdictions. The paper further emphasizes the inadequacies of the MRTP regime in the era of liberalised economy, the impact of economic reforms, and the importance of the Raghavan Committee in shaping the current legal framework. 

The institutions that are responsible for enforcing the competition law in India such as Competition Commission of India (CCI), Director General (DG), National Company Law Appellate Tribunal (NCLAT), the Supreme Court are sidewise examined along with the key provisions, including anti-competitive agreements, horizontal agreements or cartels, vertical agreements, mergers and acquisitions, abuse of dominant position and so on.

It illustrates the shortcomings of conventional regulatory mechanisms such as platform dominance, data monopolies, and algorithmic collusion. The central issue addressed is the current gap between the conventional competition laws and the new challenges generated by a technology-driven economy in India. It further sheds light on the Competition law in the digital market.

The results indicate that India has made meaningful progress in converging with international best practice but has some gaps in enforcement effectiveness, procedural transparency, and the regulation of digital markets. The findings highlight the imperative for proactive measures such as sectoral regulations, upgradation, and stronger investigative powers to protect market competition during the 21st century.

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SHORT BLOG- LAW TECHNOLOGY AND CONSTITUTIONAL INTERPRETATION: ANALYSING THE JUDGEMENTS OF SUPREME COURT OF INDIA RELATED TO TECHNOLOGICAL ADVANCEMENTS

This short blog has been written by Dr. Sreenidhi KR and co-authored by Puja Dagur. Sreenidhi and Puja are law students at CMR School of Legal Studies, Bangalore.

ABSTRACT 

This paper explores the intersection of law, technology, and constitutional interpretation through an analysis of landmark judgments delivered by the Supreme Court of India. As technological advancements such as biometric data collection, internet governance, surveillance mechanisms, and artificial intelligence reshape societal structures, the judiciary faces the challenge of balancing innovation with constitutional principles. Through cases like Justice K.S. Puttaswamy v. Union of India (privacy and Aadhaar), Shreya Singhal v. Union of India (freedom of speech online), and Anuradha Bhasin v. Union of India (internet shutdowns), the Court has demonstrated a dynamic approach to interpreting constitutional rights in light of evolving technological realities. Key themes include the application of proportionality, the safeguarding of fundamental rights in digital spaces, and addressing legislative gaps in regulating emerging technologies. This abstract highlights the judiciary’s critical role in ensuring that technological progress aligns with the core tenets of the Indian Constitution, offering insights into the challenges and implications of this evolving legal landscape.

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SHORT ARTICLE- STUDY OF CYBERBULLYING IN INDIA AGAINST WOMEN AND ITS LEGAL REMEDIES AND CHALLENGES

This short article has been written by Manali Palit. She is a law student at Seacom Skills University.

ABSTRACT

Cyberbullying is a particularly heinous form of cybercrime; it is different from traditional bullying because of its far-reaching impact through the digital space. Although bullying is not a new concept, its digital form, cyberbullying, has become an accepted “new evil” in today’s connected society. Cyberbullying disproportionately affects women, who are frequently viewed as the most vulnerable portion of society. Women and girls are more vulnerable to online harassment due to the growing accessibility of the internet and mobile technology, endangering their safety and privacy.

This study explores the unique challenges faced by women in the online space, mainly focusing on the rising issue of cyberbullying. It examines the role of the Indian legal system, studies all the laws relating to this problem, and studies related case laws advocating for a human rights-based approach to empower women, freedom of expression, and protection from violence in cyberspace. The paper highlights the importance of measures, well-informed policies, and collaborative efforts of citizens and government to mitigate risks and promote women’s well-being online. By understanding both societal and legal perspectives, The study emphasizes the necessity of an all-encompassing plan to stop cyberbullying and provide a safer online space for Indian women.

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SHORT ARTICLE- A MAJOR CONCERN OF BIOPIRACY FOR TRADITIONAL KNOWLEDGE UNDER THE INTELLECTUAL PROPERTY RIGHTS IN INDIA.

This Short article has been written by Sadhana Umashankar Prasad. Sadhana is a law student at Gokul Global University, Sidhpur, Gujarat.

ABSTRACT

India is one of the largest countries in the world with different biodiversity. Mainly, the livelihoods of indigenous peoples depend on the preservation and protection of traditional knowledge about the use and operation of biological and natural resources. In recent years, traditional knowledge has become more and more important, and multinational companies and research institutions have used this knowledge for commercial purposes for free. This jeopardizes the protection of traditional knowledge by local and indigenous communities, which seems to be one of the most contentious and difficult issues. Even India’s dominant intellectual property, access and benefit sharing paradigm cannot fully protect knowledge because it reflects Western norms and laws and only focuses on the protection of intellectual property rights in the community. India has witnessed many incidents of biological plagiarism and a more comprehensive approach is needed to protect community rights and novices and biological genetic resources from such misappropriation. By enumerating various cases of biological piracy, the necessary steps to protect new technologies and biodiversity are necessary. Even India’s dominant IPRs, access and benefit sharing paradigm cannot fully protect knowledge because it reflects Western norms and laws and only focuses on the protection of IPRs in the community. India’s traditional knowledge is proving to be a powerful weapon in the fight against false patents, sometimes referred to as “bio-piracy”. Our country has witnessed many incidents of bio piracy and a good inclusive approach is needed to protect the rights of the community, novices and biological genetic resources from such misuse. By enumerating the various cases of bio-piracy, it is necessary to take necessary steps to protect new technologies and biodiversity.

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CASE COMMENT- KAVIRAJ PANDIT DURGA DUTT SHARMA VS NAVARATNA PHARMACEUTICAL LABORATORIES

This Case Comment has been written by  Pranshutosh Kumar. He is a Law student at UPES, Dehradun.

ABSTRACT

The case has been a landmark decision in India on trademarks law and the interaction between the statutory remedies of trademark infringement of the Trade Marks Act, 1940 (infringement as a statutory remedy) and the common law action of passing off (infringement as a common law action). The respondent, who had been in business since 1926, the registered proprietor of the marks Navaratna and Navaratna Pharmaceutical Laboratories filed an action, contending that the use by the appellant of the name Navaratna Kalpa in relation to Ayurvedic medicines amounted both to infringement and passing-off. The appellant argued that Navaratna was generic at Ayurvedic language, had a lack of distinguishability under section 6(1) and that packaging differences excluded confusion.

The passing-off claim of the District Court was rejected but the infringement in the supply of composite marks against Navaratna Pharmaceutical Laboratories was seen as infringement since it was found to have acquired distinctiveness by the continued use of a mark since before the date of February 25, 1937, under Section 6(3). This was upheld by the High Court and the petition by the appellant seeking a rectification was rejected.

The Supreme Court, on appeal, made a clear distinction between passing off – a cause that needs to prove reputation, misrepresentation, and harm – and statutory infringement whose sole, deceptively similar mark is sufficient when the plaintiff has proven his or her mark indeed is registered and similar in terms of core elements. The Court also ruled that when considering claims of infringement of trademarks the distinction between packaging or labeling would not excuse liability where there was a deceptively similar core mark and proof of intent or actual confusion was not required. The claim of fair simultaneous use under Section 10(2) was abrogated because they failed to make it in lower courts.

The ruling supported the respondent of exclusively exercising his rights, emphasizing the importance of honoring the primacy of trademark registration, at the same time proving the ongoing validity of the common law remedies. It has continued to act as a guiding rule of harmony between the statutory protection and curbing the act of consumer deception in Indian trademarks law.

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CASE COMMENT- GOOGLE LLC V. ORACLE AMERICA INC

This Case Comment has been written by Ashu Awasthi. He is a law student at the University of Petroleum & Energy Studies, Dehradun.

ABSTRACT

In this case, the US Supreme Court issued its verdict in 2021. The case had bearings on the contours of copyright law as applied to software, especially where Application Programming Interfaces (APIs) were concerned. This case commentary examines the historical, technical, and legal perspectives of the dispute, focusing on Oracle’s contention that Google’s use of approximately 11,500 lines of Java API code constituted copyright infringement within the Android operating system. This case commentary examines the historical, technical, and legal perspectives of the dispute, focusing on Oracle’s contention that Google’s use of approximately 11,500 lines of Java API code constituted copyright infringement within the Android operating system.  Central to the case was fair use interpretation and application regarding the US Copyright Act. 

The article delves into the nature of APIs, explaining their role as functional instruments for software system interoperability and their critical function in driving innovation. The structural integrity and creativity of Oracle’s APIs on which it bases its argument for copyright protection were claimed by it. Conversely, Google argued that its use was transformational, aiming to create a new product in alignment with fair use principles. Conversely, Google argued that its use was transformational, aiming to create a new product in alignment with fair use principles. The Supreme Court ruled in a 6-2 majority in favour of Google, and asserted that the reimplementation of the Java APIs by the company was fair use. The court indicated that APIs are used to create something new, and do not implant or substitute the original. This is not merely a resolution of a decade-long litigation; it creates a transformative precedent with regard to technology innovation and the freedom of software development. 

This judgment established significant guidelines for future software copyright disputes, emphasizing that laws must adapt dynamically to balance creators’ rights with public interest and innovation. This judgment established significant guidelines for future software copyright disputes, emphasizing that laws must adapt dynamically to balance creators’ rights with public interest and innovation. The ruling does not prohibit the reuse of APIs within the ambit of fair use, which leads to a more open and shared development paradigm imperative for any growth of the digital economy.

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BOOK REVIEW- CORPORATE DECEPTION AND LEGAL CORRUPTION: UNVEILING THE DARK SIDE OF THE JUSTICE SYSTEM IN MURDER THE TRUTH BY DAVID ENRICH

This Book review has been written by Sakkcham Singh Parmaar. He is a law student at Jindal Global Law School, O.P. Jindal Global University.

ABSTRACT

Discussing the way in which corporate and political elites exploit and corrupt the justice system to exaggerate and exacerbate oppression and curtail freedom of the press, Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful (2025) by David Enrich presents a perceptive insight into the inner workings of a system that simply is not being honest with itself. New York Times, Using the Sullivan (1964) decision that introduced the actual malice standard in defamation law, Enrich demonstrates how a continuing onslaught by conservatives has aimed at overturning this judgement, and illustrates the consequences this has on democracy. Using case studies such as the repeated arguments given by Donald Trump to ease up on the law of libel and the secretly funded lawsuit against Gawker Media spearheaded by Peter Thiel, Enrich shows how libel cases gained a new role as a source of intimidation over their ability to provide justice. The book puts these developments in the context of the conservative legal movement as a whole and the generation and influence of weaponized litigation on investigative journalism. It is worth noting that an international comparison with India reveals that criminal defamation is a global issue that needs to be fought against because these laws create an atmosphere of fear, censorship and inordinate authoritarianism. Finally, Enrich cautions that repealing Sullivan would be disastrous to democratic accountability where self-regulation of the press through media oversight will completely overlap into the drive to create a culture of law mongering and censorship. His contribution can therefore be understood as both a historical and a practical alert urgently needed to protect press freedom as an essential part of democratic societies all over the world.

“It is much more about trying to get the media and other public critics to pull punches or to shut up altogether when powerful people’s interests are on the line.” 

Through an incisive examination of the growing legal and political machinery that has been brought to bear against press freedom in the United States, David Enrich’s Murder the Truth: Fear, the First Amendment, and a Secret Campaign to Protect the Powerful (2025) is highly relevant as it shows the organized efforts of powerful individuals and organizations to dismantle the precedent established by the U.S. Supreme Court in New York Times v. Sullivan (1964), This set the “actual malice” standard for defamation cases involving public figures. By analyzing the potential consequences of such movements, Enrich elucidates the ominous position of the media and gives a battle cry for the protection of democracy’s very essence.

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LEGISLATIVE COMMENT: COPYRIGHT ACT, 1957: HISTORY, GAPS, AND PIRACY PROBLEMS

This Legislative Comment has been written by Gokul. He is a 3rd-year B.B.A. LL.B. (Hons) Student at VIT School of Law. He is more inclined towards legal research and understanding the core purpose of law.

ABSTRACT

The overactive proliferation of Over-the-Top (OTT) platforms as Netflix, Amazon Prime Video, and Disney+ Hotstar, has radically altered the landscape of entertainment in India and introduced a level of affordable, true democratic access to content, as a side effect of becoming an incubator of advanced levels of digital media piracy. As opposed to classical pirating with CDs or through torrents, modern pirating continues to prosper in encrypted systems such as Telegram and WhatsApp, with copyright materials getting leaked and shared within a few hours of their publication. This legislative comment is a reaction against the failure of the existing legislation, especially the Copyright Act, 1957 and the Information Technology Act, 2000 to deal with encrypted digital piracy. Even with amendments in place, these laws are ill prepared to address the level, anonymity as well as transboundary characteristics of piracy enabled by encrypted platforms.

The legislative comment examines the legislation gap, failures of intermediate liability and ineffectiveness of John Doe orders in these digital environments. It highlights the necessity to conduct urgent legal reform, in particular, an implementation of co-liability regime of platforms, implementation of real-time takedown procedures, redefining of digital piracy based on the Copyright Act and reshaping closer alignment with the Intermediary Rules, 2021. It also promotes greater cooperation among countries by means of Mutual Legal Assistance Treaties (MLATs) and data localization. Finally, the comment makes a recommendation to drastically change the copyright law in India to reflect the realities of the digital age of distributing content so that they ultimately protect economic gains, but also the integrity of creative work in the age of OTT.

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LEGISLATIVE COMMENT: DESIGNS ACT, 2000

This legislative Comment is written by Palak Bharadwaj, a 4th year B.A.LL.B. student at Dr. Hari Singh Gaur University, she is a passionate student with ability to simplify complex legal concepts.

ABSTRACT

A design is anything that is applied to an article; it is not an item in and of itself.  It must be supplied as completed goods to the manufacturer. By offering a legislative framework for the preservation of designs, the Design Act is essential to preserving the aesthetic appeal of industrial goods. Articles’ aesthetic rights are governed by the Industrial Design Act, which makes sure that unique and creative designs aren’t stolen or used for commercial purposes without permission. As part of an all-encompassing legal framework, the Copyright Act of 1988 also offers overlapping protection for specific creative designs. Design registration is explicitly covered by India’s Design Act, 2000, which gives designers the ability to get exclusive rights to their original creations. Under the Design Act of 2000, a design can be registered by submitting an application to the Controller of Designs, which will then be reviewed, published, and, if all requirements are satisfied, certified. When combined, these legal tools seek to safeguard intellectual property, foster innovation, and elevate industrial design’s aesthetics.

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LEGISLATIVE COMMENT: DECODING DIGITAL PERSONAL DATA PROTECTION(DPDP) ACT, 2023

This Legislative Comment has been written by Keerthana N R. She is pursuing LLM in Intellectual Property Rights. She has a keen interest in legal drafting and in-depth research, aiming to bridge theory and practice within the evolving field of IP law with an aspiration to contribute impactful insights and precise analysis through both her academic and professional endeavors.

ABSTRACT

The Digital Data Protection Act 2023 is a vital piece of legislation reacting to the changing dynamics of data privacy and protection in India, in the wake of the Supreme Court’s momentous ruling in Justice K.S. Puttaswamy vs Union of India that declared the right to privacy as a fundamental right. Previous legislations, such as the Information Technology Act 2000, did not well cover the intricacies of contemporary data use and privacy issues. The new Act has given a holistic, cross-sectoral legal environment for protecting personal data in the face of rapid technological advances. It reflects India’s resolve to create effective privacy governance structures that are necessary not merely for individual rights protection but also for the promotion of transparent, sustainable organizational behavior. By addressing business risks and reputational concerns of data breaches, the Act places India at the vanguard of international data protection efforts, attesting to the emerging status of privacy in the digital era.

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