Browsing by Author "A, Vedashree"

This research paper delves into the critical examination of women's access to justice in India through the lens of legal aid services. The study is motivated by the imperative to address the pervasive gender disparities and barriers faced by women in seeking and obtaining justice within the legal system. With a focus on India, a country characterized by its diverse socio-cultural landscape, this research investigates the extent to which legal aid services serve as an effective means to bridge the access to justice gap for women. The paper employs a comprehensive review methodology, analyzing existing literature, legal frameworks, and case studies to identify patterns, challenges, and potential solutions in the realm of women's access to justice. The research explores the socio-economic, cultural, and institutional factors that impact women's ability to avail themselves of legal aid services. Additionally, it critically evaluates the responsiveness of the legal aid system to the unique needs and vulnerabilities of women, considering the intersectionality of factors such as caste, class, and regional disparities. The findings underscore the multifaceted nature of barriers faced by women in accessing justice and highlight the role of legal aid services in ameliorating these challenges. Furthermore, the paper offers insights into policy recommendations and potential reforms to enhance the effectiveness of legal aid mechanisms in empowering women to secure justice. This research contributes to the ongoing discourse on women's rights and access to justice, providing a nuanced understanding of the intersectional challenges women face in India and offering a foundation for future empirical studies and policy initiatives.

The advancement of artificial intelligence has made robust cybersecurity essential. As governments implement various policies to protect citizens, the utilization of AI by governmental agencies has significantly increased. Despite this, there is a significant gap between theoretical knowledge of AI and cybersecurity as separate fields and their practical integration. The challenge lies in the rapid evolution of both AI and cybersecurity, which often outpaces the legislative process, rendering many regulatory efforts outdated before they are fully realized. Due to the lack of dedicated laws for these dynamic areas, achieving optimal results is difficult. Therefore, it is crucial to explore how AI can be leveraged to improve cybersecurity. By using appropriate safeguards, AI can autonomously protect against threats like viruses, misuse, and hacking attacks. This paper examines the role of technology in AI and cybersecurity and investigates how AI can optimize cybersecurity, the opportunities & challenges of AI in cybersecurity, regulatory bodies, and strategies to merge these fields.

Associate Professor, Alliance School of Law For her incisive analysis on “US Elections and Their Impact on Indian Aspiring Students,” published in Education World.

Intellectual property is an ever-growing concept which aids the creations of the mind to be protected and allow the creators to commercialize their creations and make a profit, there are different types of intellectual properties namely like patent, copyright, trademark, Geographical indications, industrial designs. The way intellectual property operates provides a balance between the interests of the creators and gather the interests of the public, thus encouraging creativity and an increase of innovations.1 The term “Geographical Indication” was first coined in Uruguay round of trade negotiations of the TRIPS Agreement. Geographical indication is a type of Intellectual property wherein a sign called the GI tag is used on products which are from a particular Geographical location, and this contributes to the quality the product possess and it holds the reputation of being produced from that particular Geographical location. It is used for agriculture products, handicrafts, foods, wine and spirit drinks2. As one receives the GI tag, then other manufacturers would not be able to sell their product under the same GI tag. This ensures that other manufacturers are prohibited from misleading that their products originate from a reputable Geographical location and hence safeguarding the reputation. Geographical Indication is a boon to many local manufactures and local artisans, as this provides them to sell their products at a premium rate than that of their competitors.

“The metaverse is not a distant dream; it is a canvas where we can paint the future of human interaction and collaboration”1 The roots of Intellectual Property right originated from United International Bureaux for the Protection of Intellectual Property BIRPI, (1893) for enforcement for the protection of intangible assets the first convention which realized the importance of Patent invention was Paris Convention (1883) through which nations decided to join hands for protection and legal remedies are provided for the infringement of Industrial design. World Intellectual Property Organization (WIPO) a global forum which inflated the growth and cooperation among the nations for the IP protection with changing time Intellectual Property Rights have molded itself into ‘Digital Intellectual Property Rights’ which is a new buzz word in the era of globalization the word digital applies in the computer technology using or storing any data or information in the digital mode it covers Artificial intelligence, blockchain and Virtual Reality since "If technology is a problem, then the solution is also a technology" As relationship between law and technology is dynamic. In India 'Loka' is India's first metaverse app. Metaverse will change the world how we see it some people call it the successor state in today's mobile internet it is more immersive, social, and 3D approach. Metaverse is the other side of the world which is called as virtual reality Metaverse includes smartphone, web, streaming. Bigger than our platforms. Metaverse includes PC VR- limitless Power, versatile, stationary, Augmented virtual reality, Powerful, productive, portable e.g., Instagram filters, (augmented meaning to be added), Immersive Glasses- stylish, focused and ultra-mobile. PC Virtual Reality it is mainstream use in entertainment, healthcare, military, and business. Creates a virtual environment for instance in healthcare patients can use VR to calm down the nervous system. It is also used in socialization. Augmented VR it is all in one they do not require a connection from the computer or other external connections for operation as VR is easy to carry, affordable, and easy to use.2 Immersive Glasses another name is Augmented Reality which is the new version in the metaverse it can develop enhanced socialization by creating avatars. It uses glasses to blur the real world and enhance virtual experiences but it is on the verge of development and technical constraints. Open metaverse and closed metaverse open metaverse creates new features like building or marketplace and in closed metaverse it is not possible to create new features the authority lies with the company but the issues arise when the challenge comes under open metaverse w.r.t to the right in copyright whether real creators or platform owners or both can be claimed as owners. Technology: AR, VR 5G, 6G, and Cloud computing, edge computing Mark Zuckerberg said that metaverse first not Facebook first. Companies like Nike and Gucci created a virtual experience for customers to explore their products and designs. Walmart built a virtual world called Walmart Land, where people can play games, attend concerts, and buy virtual avatars. Some companies are making a notable change by introducing metaverse in 2023 Apple unveiled a vision headset which will be released in early 20243. Tech companies call it the best possible version of a VR Headset. BMW opened the world's first virtual factory for stimulation it did it by using Nvidia's Omniverse platform. Metaverse will change the world how we see it some people call it the successor state in today's mobile internet it is more immersive, social, and 3D approach. Technology: AR, VR 5G, 6G, Cloud computing, edge computing. Mark Zuckerberg said that metaverse first not Facebook first. Companies like Nike and Gucci created a virtual experience for customers to explore their products and designs. Walmart built a virtual world called Walmart Land to conveniently play games, to present at concerts, and to own virtual avatars. Some corporations and entities are making a notable change by introducing metaverse in 2023 Apple unveiled a vision headset which will be released in early 2024. Tech companies call it the best possible version of a VR Headset. BMW opened the world's first virtual factory for stimulation it did it by using Nvidia's Omniverse platform4. As technology is evolving but it has issues which evolves collateral to it and it faces a supplementary dilemma as in the metaverse scenario digitization is taking its profound face but in the legal aspects the problem is arising because of virtual property rights which can be infringed in the real world, the infringement done by avatars which can be anonymous as the legislation of India doesn’t not implicit clear provisions for metaverse it is governed by smart contracts which does not have a legal backup and legal protection on its breach or infringement.

The digital era has brought about significant changes in intellectual property protection, particularly concerning Meta tags and their impact on trademark regulations. Meta tags, chunks of code embedded in a website's HTML, are crucial in search engine optimization (SEO) and online marketing. However, their misuse and abuse can lead to trademark infringement and the dilution of well-known brands. This research explores the complexities surrounding meta tags in the context of trademark laws, examining their potential challenges and legal implications. The study highlights instances where Meta tags have been misused, leading to consumer confusion and deception, ultimately contributing to trademark infringement. It delves into the factors considered in legal procedures related to trademark infringement, such as the similarity of products or services, the strength of the trademark, and the likelihood of consumer confusion. Furthermore, it acknowledges the evolving landscape of search engine algorithms and the impact of manipulating Meta tags for SEO purposes. Based on the findings, several recommendations are proposed. These include raising awareness among stakeholders, establishing monitoring mechanisms for trademark owners, developing clear guidelines and standards for assessing trademark infringement in meta tags, fostering collaboration with search engines, advocating for an enhanced legal framework, seeking expert legal advice, promoting industry collaboration and self-regulation, and continuously adapting to evolving trends. By implementing these recommendations, stakeholders can address the challenges posed by Meta tags in trademark laws and ensure a fair and efficient intellectual property protection system. It emphasizes the need for continuous research, public awareness, and consumer education to maintain a balanced digital marketplace that safeguards trademark rights and consumer interests.

Today, the role of intellectual property (IP) in society’s economic and social life is paramount. The aim of the IP law is to protect the interest of creators by providing certain rights. In light of the above objective, there are international conventions for the protection of IP like the Paris Convention for the protection of industrial property and the Berne Convention for the protection of copyright. The industrial property and copyright are administered by the WIPO. Intellectual property is broadly divided into 2 parts; industrial property and copyright. Industrial property refers to the direct examination of concerns that will benefit business and commerce. The patent, trademark, industrial designs, and geographical indication come under industrial design. The IP system helps strike a balance between the interests of innovators and the general public, fostering invention and, more significantly, benefiting everyone. A geographical indication is crucial and IP growing increasingly in society and the world economy. Over a protected period of time, each general public builds up a specific knowledge base. The earth’s geology and human relationships are responsible for the formation of this knowledge foundation, which later became a significant component of their culture and economy.1

In the era of globalisation, protection of IPR is mandatory. Traditional knowledge is held collectively by a community and might include songs, stories, proverbs, folklore, beliefs, rituals, regional languages, local laws, and more. In addition, it can take a practical form in a variety of industries, including forestry, fishing, agriculture, horticulture, and environmental management. The preservation of traditional knowledge was long neglected. We are surrounded by it, yet we have devalued and degraded its importance. Traditional knowledge can now be protected by Intellectual property rights, however it is a difficult process. One of the most crucial difficulties facing the region today is the protection, conservation, and preservation of traditional knowledge as well as the assistance of local people for the commercialization of their products. India has achieved notable success in the last two years by ensuring the withdrawal or cancellation of 36 patent applications for widely recognized medical compositions, specifically in Europe. This achievement can be attributed to the Traditional Knowledge Digital Library (TKDL), a unique database containing a vast amount of information with approximately 34 million pages. The TKDL focuses on around 2,260,000 (0.226 million) pharmaceutical formulations, encompassing multiple languages. Its primary purpose is to support patent examiners from prominent intellectual property (IP) offices by facilitating prior art searches.2 The Traditional Knowledge Digital Library (TKDL) overcomes the language barrier that exists between the traditional knowledge expressed in languages commonly used by patent examiners in leading intellectual property (IP) offices and languages such as Sanskrit, Arabic, Persian, Urdu, and Tamil. The TKDL organises its data in a manner similar to a patent application.

Intellectual Property Rights (IPR) constitutes a set of the legal rights granted to individuals or entities over creations of the mind, fostering innovation, creativity, and economic development. These rights provide exclusive ownership and control over intangible assets, allowing creators to reap the benefits of their innovations and prevent unauthorized use by others. The primary forms of intellectual property include patents, trademarks, copyrights, and trade secrets. Internationally, various agreements and treaties, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO), aim to harmonize and set minimum standards for intellectual property protection among member countries. These agreements facilitate trade by establishing a framework for the protection and enforcement of intellectual property rights on a global scale.

Competition is crucial to the functioning of markets. It stimulates innovation and brings vitality and vigour to the economy. It challenges a firm to operate efficiently and deliver greater variety of good quality products to consumers lest it loses out to its competitors. But at the same time competition fuels rivalry and in a bid to sweep more profits and outdo each other, the competing firms, more than rarely, resort to unfair trade practices. To ensure a healthy competitive environment, governments of various countries, worldwide, have subjected competition to legal restrictions. Under the general term of "competition law," we find the set of laws and regulations enacted to guarantee that all market participants are provided with an equivalent operating platform, to safeguard the interests of customers, and to penalise those who abuse their position of dominance. Antitrust law in the United States, anti-monopoly laws in China, competition law in the European Union and India, and so on are all names for the same matter: competition law. Because these laws are drafted to meet the requirements of each nation's domestic system, the provisions of these laws differ from nation to nation. However, there are a few components that are shared by these acts. These elements include anti-competitive agreements, abuse of dominance, mergers and acquisitions, and so on. In current times, the concept of abuse of dominance is significant. It is considered to happen when a corporation or group of enterprises abuses their dominating position in the market. Because of this, the idea of abusing the dominant position was included in the Competition Act of 2002 in order to make the market more equitable. In particular, Section 4 of the Act addresses the issue of abusive use of a dominant position. It is also widely recognised as a global issue in wealthy and developing nations. Every country has its own laws to prevent and punish the abuse of dominating positions.