Trends in Intellectual Property Research
Trends in Intellectual Property Research (DOI: 69971; ISSN: 3007-8539 (Online), 3007-8520 (Print) is a quarterly journal (March, June, September, December ) and publishes research papers, review papers, case comments and books reviews related to all aspects of intellectual property rights, including but not limited to patents, copyrights, geographical indications, trademarks, trade secrets, industrial design, layout design of integrated circuit, unfair competition, and antitrust. Trends in Intellectual Property Research is a refereed journal, and all published articles are peer-reviewed.
Anwar Ratol Mango GI Conflict between India and Pakistan
Mango (Mangifera indica L) is native to the Indian sub-continent , and is the national fruit of Pakistan and India. The Anwar Ratul or Anwar Rataul or Rataul (as spelled in India) or Anwar Ratol (as spelled in Pakistan) mango, a small, fibreless mango is renowned for its unmatched sweetness. The territorial map and horticulture regime of Indian sub-continent were mutated in 1947. At the time of the partitioning of British India into India and Pakistan, millions of individuals moved across the newly drawn border and along with them they carried seeds, cuttings and saplings of their motherlands. Rataul mango was one of such botanical migrants. India has granted it GI while Pakistan still did not since the Geographical Indications of Goods (Registration and Protection) Act, 1999 of India is bit mature than the Geographical Indications (Registration and Protection) Act of 2020 of Pakistan. There was no formal opposition to it by Pakistan, as there was in the Basmati rice GI, where Pakistan objected to the Indian GI application and sought its own protection in EU. The main question here is whether GI protection is historically oriented, or reputation and economic affiliation based. Current study explores the history of this GI dispute. The study highlights the fluidity of the germplasm across borders, emotional partition legacy and the use of the king of fruits to assert the national identity.
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The Copyright Dispute between Maula Jatt (1979) and The Legend of Maula Jatt (2022)
Comparison between The Legend of Maula Jatt (2022) a blockbuster re-release of the 1979 Punjabi cult film Maula Jatt provides insight into the issues of the IP regime in Pakistan in relation to remakes, protectability of characters, the division between literary and cinematographic rights, and informal industry traditions. It ran between 2017 and 2020, opposing the original producer of the 1979 film (Muhammad Sarwar Bhatti of Bahoo Films) and his heirs with the original screenwriter, Nasir Adeeb, on the side of the 2022 reboot. The fight revealed a loophole in the Copyright Ordinance, 1962 of Pakistan especially the interaction between the family of original producer Sarwar Bhatti, claiming rights in the 1979 cinematographic (film-specific) work and the trademarks around it; and original writer Nasir Adeeb, claiming underlying literary (script, character, story) rights in the characters and the story vested in authors. In this paper, the paper will follow the origins of the conflict in the folkloric Punjabi archetypes, the escalation of the conflict to IPO tribunals, high courts, the key moment of the distribution of the rights assignment to the screenwriter Nasir Adeeb, the out-of-court settlement of 2020, and its implications to the creative industries. The given paper advances the thesis that the modernization of legislation is needed to create a level of balance between the rights of the author, motivation to produce, and preservation of culture in the context of an even more globalized Pakistani cinema. The eventual out-of-court settlement left core legal questions unresolved, highlighting urgent needs for legislative clarity, industry reform, and transnational IP cooperation mechanisms.
Intellectual Property and Personal Data in AI Datasets Under India's DPDP Act 2023
The rapid expansion of generative AI has challenged India’s fragmented legal regime governing AI training data, spanning the Copyright Act, 1957, trade secret protection, and the Digital Personal Data Protection Act, 2023 (DPDPA). This study explores the doctrinal incompatibility between India’s purpose-specific fair dealing framework under Section 52 and the industrial-scale reproduction intrinsic to AI training, which fails the jurisdictional “purpose test” articulated in Super Cassettes Industries Ltd v. Hamar Television Network (2011). The study exposes the structural inadequacy of trade secret law in protecting the “composited value” of large-scale aggregated datasets, which lack the identifiability and durability required for conventional protection. The DPDPA’s consent-centric architecture is functionally unworkable in billion-token training corpora characterized by attenuated data-principal relationships. Concrete doctrinal fault lines, including uncertainty surrounding “reproduction in material form” under Section 14(a)(i), transparency-trade secret conflicts identified in the DPIIT Working Paper on Generative AI and Copyright, and cross-border transfer constraints under Section 17 of the DPDPA have been mapped. Legal uncertainty will undermine both AI innovation and stakeholder protection in India if an integrated statutory framework for permissible training practices and rights allocation is not opted.
Infringement and Jurisdictional Challenges in Nestlé Pakistan Limited v. Shehryar Kureshi (2024 CLD 502)
Nestlé Pakistan Limited v. Shehryar Kureshi (2024 CLD 502) is a notable case on copyright in Pakistan. The case is based on the claims of copyright violation, i.e. unfavorable replication and transmission of 1994 song titled Pyar Diyan Gallan. Those who had filed the suit were the plaintiffs; Shehryar Kureshi and three other people who wanted a sum of damages amounting to 14 million rupees. On 08.02.2021, the civil court of first instance on Nestle challenge dismissed the action on the ground of alleged lack of jurisdiction under Order VII, Rule 10 of the Code of Civil Procedure (C.P.C.). The plaintiffs appealed this decision to the Additional District Judge Lahore which decided on 24.06.2022 that the case would go to the Civil Court as a passing off case. Nestle presented a petition to the High Court of Lahore civil revision petitioning the Appealte Court decision claiming that IP tribunal was exclusive in its jurisdiction. The jurisdiction of the Intellectual Property Tribunal (IP Tribunal) was determined by the Lahore High Court, which affirmed that registration of copyright is not an imperative act in order to exercise claims. The initial complaint was directed to be handed back to the plaintiffs to enable it be submitted to IP Tribunal. This paper will be discussing the case background, legal considerations, the party’s arguments, the proceedings and the future of copyright law in Pakistan.
AI Copyright Infringement: Navigating the Legal Risks of AI-Generated Content
The accelerated growth of generative artificial intelligence (AI) tools that can generate text, images, music, code, and multimodal content has caused a legal and philosophical crisis in the field of copyright law. Current study explores two infringement issues, caused by AI-generated content namely the possibility of an infringement of the existing copyrighted works via the unauthorized need integration and processing of the secure material, and the possibility of the infringement of the individual AI output through reproduction, derivation, or significant imitation of the safeguarded expression. Doctrinal legal analysis, authoritative case law reviewed (2023-2025), the US fair use doctrine and EU text and data mining (TDM) exceptions and the AI Act, indicate that current copyright regimes are under a fundamental challenge by generative AI. The legality of the integration of training data, the use of substantial similarity tests on outputs, the controversial issue of originality when it comes to machine productions, assigning liability along the AI value chain, and the development of defense mechanisms and policy reactions are also discussed. This study describes consistent gaps in the dangers of memorization, the possibility to quantify the damage in the markets, and international harmonization. Although the current legal frameworks (especially the strong fair use scrutiny law in the US and opt-out law in the EU) can cover most of the infringement claims, clarity is still required to stabilize the situation and make sure that transformative innovation is not negated by the rights of creators.
CRISPR in Wheat: Patents, Breeding Advances, and Emerging Challenges
CRISPR and its derivatives, such as prime editing and base editing, have a significant potential for precision biology in plant breeding, particularly in wheat. This technology can help develop climate-resilient wheat varieties, improve stress tolerance, enhance nutrient use efficiency, and increase yield potential. However, the concentration of CRISPR patents in a few academic institutions and corporations in the Global North creates a "Genome Editing Divide," impacting innovation pathways, research incentives, economic power in the seed value chain, and global food sovereignty. This study explores the implications of this divide on wheat innovation systems in the Global South and argues that the current intellectual property (IP) landscape favors privatization and profit-maximization over public good-oriented research, potentially undermining food security and sustainable development goals. Alternative governance models and licensing frameworks are proposed to ensure equitable access to CRISPR technology for wheat breeding, aiming to safeguard global food security and reduce inequalities in agricultural innovation. The analysis shows a concentration of research output in the Global North, particularly in countries like Switzerland and UK. This indicates a form of digital colonialism, restricting the Global South's ability to develop locally adapted, climate-resilient wheat varieties. The patent network reveals a concentration of power among key institutions, limiting access to essential technologies for wheat improvement and reinforcing the "Genome Editing Divide.
Cross-Border Geographical Indications of Khirsapat, Himsagar and Fazli Mangoes Across the Bangladesh–India Border
This research is a comparative legal analysis of the geographical indications (GIs) for two mango varieties namely Fazli and Khirsapat (Bangladesh) and Himsagar (India) from the historically unified Bangladesh Delta. This study explores the officially registered GIs in Bangladesh and India under the 2013 Bangladesh GI Act and 1999 Indian GI Act, respectively, concerning the defined (positive) criteria, geo-specificity, and quality-to-terroir evidence, for the mangoes in question. Both registered Bangladeshi GIs, “Fazli Mango of Rajshahi and Chapainawabganj” and “Khirsapat Mango of Chapainawabganj,” are defensively TRIPS compliant due to the incorporation of traditional knowledge. India’s claim to the Fazli mango is still informal and unregistered, and while the registration of the Himsagar mango is formal, it suffers from broad geo-coverage and weak evidentiary support. The postcolonial remapping of the Asia certainly transforms the shared agro-historical experiences of communities into a contested legal space. The lack of fit between the contemporary international regime of geographical indications and cross-border disputes suggests a collaborative approach between countries or regions.
Smart Contracts as a Solution for Automated Royalty Distribution: Implications for Copyright Management in Digital Media
Although the digital media ecosystem has changed creation and sharing of content, existing copyright management systems suffer from inefficiencies, such as slow payment of royalties, a lack of transparency about how much an artist is owed, high administrative costs and difficulties in tracking cross-border use. One of the most promising methods for addressing these shortcomings is the use of smart contracts, which are self-executing applications that work off a public distributed ledger called a blockchain to automatically pay royalties at the time of use, based on preconfigured conditions that are based on a predetermined number of streams, downloads or views. Current study explores the technological architecture, relevant legal issues and practical implications for automated payment of royalties to content creators through the use of smart contracts in the context of music services, audiovisual works and digital publishing. The smart contracts allow peer-to-peer transactions without a third party, based on elements of the blockchain, like the principles of decentralized consensus and immutability (integrity). The legal issues related to smart contracts using code as a contract include whether smart contracts will be legally enforceable across different jurisdictions, whether a smart contract's code can be considered enforceable with moral rights, and concentration on complying with different data privacy laws, e.g., the General Data Protection Regulation (GDPR) in countries where blockchain is essentially immutable. While smart contracts can address a number of the core pain points associated with these areas (i.e., transparency gaps, fragmented ownership data, transactional friction), they must overcome various challenges to achieve broad acceptance. These challenges include scalability; the reliability of oracles for off-chain data; interoperability across disparate blockchains; regulatory uncertainty related to anti-money laundering/know-your-customer regulations, and taxation; and a lack of statutory recognition of smart contracts, standardized metadata for ownership rights, on/off-chain hybrid models, and international harmonization via treaties.
Artificial Intelligence and Trademark Infringement: Legal Interpretation of “Use” of AI-Generated signs in The European Union
Organizations are increasingly utilizing AI-powered tools to design signs and build brand identities. Technologies such as text-based generators Copy.AI and WriteSonic, along with image-based tools like MidJourney, LogoJoy, and HatchFul, are transforming the way signs are created. Trademark as an intellectual property right (IPR) essentially enables business owners to use their marks as a signal to consumers. These rights become exercisable when a third party’s use affects the functions of the mark, particularly its essential function of guaranteeing the origin of goods, services, quality and serving as a commercial communication tool. As more businesses adopt AI to create signs, recommend or make purchases for consumers, and promote competing offers, the traditional functions of trademarks are increasingly being challenged. AI platforms leverage algorithms trained on extensive datasets including registered trademarks to generate new designs for signs, sometimes successfully imitating or even duplicating registered trademarks owned by others. More infringing signs can be generated at a rapid speed, and its challenging to trace accountable entity in this situation. AI platforms for logo and sign generation are built to reproduce logos and signs as its service and the users only instruct the AI through prompts and keywords that the machine can recognize because it already has the protected data inputted in it. Third party users do not even know in advance the exact design the platform will produce, as this relies on mechanical processing of data patterns. It is therefore challenging to attribute ownership of the generated output solely to the user who provides the prompt. It is important to re-evaluate the role of AI platforms and provide a clear guideline for what constitutes use and who will bear responsibility for such use. This research investigates the evolving definition of “use” under European trademark law and analyzes how legal liability for trademark infringements involving AI-generated content may be allocated; among the AI developer, the user, and the platform hosting the tool.
Legal Framework of Geographical Indications in Saudi Arabia and UAE
Current study explores the specific legal architectures and institutional arrangements of Geographical Indications (GIs) in Saudi Arabia and UAE. The comparative analysis reveals two fundamentally different highly effective models for adapting the global legal instrument of GIs. Both countries share the fundamental idea that the creation of economic value in the 21st century stems not only from oil wells or high-tech laboratories but also from the collective memory and craftsmanship of their respective territories. By transforming this knowledge into protected and exploitable economic assets through GI protection, they are entering innovative domain. Both countries can face challenge of maintaining delicate balance between commercialization and preservation.
Legal and Regulatory Mechanisms of Protecting Intellectual Property (IP) Rights in Sri Lanka: Challenges and Adaptation in the AI Era
This study comprehensively analyses the legal and regulatory frameworks governing intellectual property rights (IPRs) in Sri Lanka, with a particular focus on the Sri Lankan Intellectual Property Act, No. 36 of 2003. This Act is the primary legislation governing the acquisition, management and enforcement of intellectual property. The analysis elucidates the foundational elements of this Act, including its alignment with international conventions such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Previous studies identify several critical deficiencies within the current legal landscape, especially when compared to the more dynamic intellectual property regimes of developed nations. These shortcomings encompass challenges in enforcement, ambiguities in patentability standards, and an urgent need for adaptation to address the complexities introduced by emerging technologies, notably artificial intelligence-generated content. The discussion underscores that the Act, while robust for its time, faces increasing pressure to evolve to remain effective in a rapidly changing global technological environment. This study proposes necessary amendments and strategic adjustments to enhance the safeguarding of intellectual property rights against infringement and intellectual theft, ensuring Sri Lanka's framework remains relevant and equitable in the digital era.
National Intellectual Property Office of Sri Lanka
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Intellectual Property in the Age of Generative Artificial Intelligence: Rethinking the Legal Dimensions of Innovation and Protection
The abrupt advancement of generative artificial intelligence (AI) has created notable challenges for the traditional intellectual property (IP) frameworks. Traditional legal concepts, particularly related to copyright, patent, and trademark law, are based on the notion of human authorship and invention. Generative AI systems, which can generate literary, artistic, and technological outputs merely by giving instructions or prompts are erasing the boundaries between human and machine creativity. Current study explores the core components of IP law, the history and background of generative AI technology and the interlinkage between these two. It also discusses the issues pertaining to AI and IP from legal perspective, highlighting international agreements such as Berne Convention and the TRIPS Agreement, and the US and EU jurisprudence on these issues. It also looks into the innovation, its protection and policy gaps to endure that IP laws are effective in the age of AI. To make sure that IP laws foster creativity in the era of AI, this study recommends to create a global legal framework that supports innovation advanced by AI that ensures equity and fairness.
A Comparative Jurisdictional Study of The Registrability of Single-Color Marks
The trademark law has gradually shifted from conventional marks such as words, symbols, and logos to the non-conventional marks, notably color trademarks. Despite issues with its distinctiveness and registrability, color has become more significant as a mark of brand origin across jurisdictions. This study explores the development of color marks within the broader framework of intellectual property rights (IPRs), particularly in light of the TRIPS Agreement, which broadened the ambit of protectable signs. Through a comparative analysis of Indian law under the Trade Marks Act, 1999 and Rules, 2017, and international jurisprudence from the United States and the European Union, the research explores the conditions under which single colors and combinations of colors may acquire distinctiveness and qualify for legal protection. It traces key judicial decisions, including Qualitex in the U.S. and Libertel in the E.U., which underscored the requirement of acquired distinctiveness and precise color identification through international coding standards. While technology has made accurate representation of color marks more feasible, issues of limited color availability, consumer confusion, and potential barriers to fair competition continue to pose difficulties for their protection. Although legal regimes have increasingly recognized the relevance of non-conventional trademarks, particularly color marks, their registration remains a complex and nuanced area requiring careful balancing of proprietary rights with public interest and market competition.
Legal Challenges for the use of AI in Trademarks
IP landscape is being influenced by AI which has nearly taken over design, search and litigation aspects of trademarks. AI tools are more efficient, quick and accurate throughout trademark life cycle .AI is bringing new ideas and concepts in creation and design of trademark logos, in searching trademark repositories before and during registrations, due diligence during maintenance, enforcement and revocation. Current research analyses AI footprints in transforming trademark domain evaluating its legal impact especially regarding improved clearance search and expedited trademark examination. The evolving concept of trademark originality, distinctiveness, algorithmic consumer likelihood of confusion evaluation, algorithmic transparency in decision by IP office and fixing liability in AI-made errors. Trademark legal structure needs to be overhauled for harmonization of generative AI-trademarks governance.
Influencers and Intellectual Property: Reading Devi Prasad Shetty v. Medicine Me for Personality and Publicity Interests of Non-Entertainer Celebrities
The judgment in Devi Prasad Shetty and Anr. v. Medicine Me & Ors. is a major step forward for the privacy and publicity rights of celebrities in Indian law. Protection under the IP law has been extended, to famous entertainers, and well-known professionals. In this case, Dr. Devi Shetty successfully claimed his right to control the sale of goods and services that bear or relate to his name. The ruling made it clear that fame, no matter where it comes from or what its nature is, makes a person's name and image their private property and economic capital that should be protected by privacy and IP laws. The Hon’ble Court, in deciding this dispute, rightfully invoked the torts of passing off, trademark dilution, and defamation to show just how broad and variegated the offense of misusing a celebrity's personal attributes is. The present case commentary analyses the decision in the light of a few affirmative pronouncements of domestic and foreign judiciaries. It also alludes to the intersection of the Trade Marks Act, Competition Act, Copyright Act, and Constitution, while highlighting the judiciary’s role in filling legislative gaps. In increasing abuse of identity, this case reiterates that any renowned personality is not just a reflection of fame, but a proprietary asset. Devi Shetty’s case sets, a precedent in treating reputation as property, deserving the same legal sanctity as most creative possessions.
privacy, competition, and intellectual property
The Legal Implications of Globalization and Intellectual Property on Technology Transfer and Innovation
In this study the complex connection of globalization, intellectual property rights (IPR), technology transfer (TT) and innovation is explored in the context of a post-structuralist world economy. The concept of globalization has transformed the research and innovation landscape significantly to the point where it promotes the movement of knowledge, resources, and technological innovation across borders. Nevertheless, the role of IPR on the agreement of technology transfer is still a controversial issue. Here, a historical overview of globalization and IP laws review is done along the lines of an in-depth literature review, which is based on the International legal ground which enshrines the IPR protection and technology transfer. It evaluates various form of technology transfer, examines the variables and obstacles on international scale and explains possibilities of IPRs in making technology transfer agreements. The influences that globalization and IPR have on the process and mode of innovation are also discussed in this study. It examines the possibility and threat of TT to the developing countries as a result of globalization in relation to both, positive and negative law; the economy as well as society. Further, the paper explains about the importance of innovation ecosystems and policy challenges with the importance given to governmental policy actions and regulations to stimulate TT and innovation and technology transfer. It examines the various avatars of technology in the past. The best practices and recommendations are given as far as enhancing the TT and innovation in the global economy. This article may be useful in the comprehension of the articulation between globalization, IPR, technology transfer, and innovation better. It makes valuable contributions and policy suggestions to policy makers, practitioners and scholars to deal with the challenges and opportunities brought about in the interconnected world in terms of technology transfer and innovation.
Globalization, Intellectual Property Rights, Technology Transfer, Innovation, International Legal Framework
Legal and Historical Perspective of Plant Breeders Rights Act of Pakistan
Pakistan is an agricultural country and numerous plant varieties have been developed indigenously by local scientists. There was a long felt need to introduce any sort of protection mechanism for these novel plant varieties to protect the research and development (R&D). Being a World Trade Organization (WTO) member, Pakistan acceded to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement in 1995, and since then, legislation was due to protect the rights of breeders of new plant varieties. In 2016, the Government of Pakistan passed the Plant Breeder’s Rights Act (PBRA), in alignment with the International Union for the Protection of New Varieties of Plants Convention of 1991 (UPOV), balancing the interests of biotechnology companies and traditional plant breeders. The current study highlights Pakistan's strengths and areas that still require improvement to meet the nation's demands for plant variety protection.
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Although no "absolute" definition exists, a human digital twin (HDT) may be defined as a virtual physiological copy or counterpart in digital world of a real person existing in the physical world having active connection between the human and his corresponding twin in metaverse. The current study aims to explore the intellectual property rights (IPR) challenges of HDTs. Previously discussions on HDT have mostly focused their potential use in health system for predictions of diseases nearly ignoring the patent associated with them. Current study highlights patent landscape analysis of HDT indicating current trends in HDT patents and future scenario of this technology.
Improving Indicators in Intellectual Property Rights Enforcement in Pakistan: A Study of Impact of Integrated IP Management Model
This study highlights the present situation of enforcement of Intellectual Property Rights (IPRs) and its improvement as an impact of implementation of integrated IP management system in Pakistan. The key initiatives taken by the national government and the organization to achieve the target have been discussed in this study. The major steps include centralized IP administration, new IP legislation, up-gradation of IP Laws, introduction of special IP courts as IP tribunal, capacity building of IP personnel, digitization & automation, cooperation & interaction between law and enforcement agencies & departments, accession to international treaties and IP awareness across the country etc. The aforesaid actions made positive image of the country in IPRs situation by improvement in global IPR ranking index.
This research analyses the effect of patent regime on ChatGPT and proposes possible explanations to avoid these concerns. Intellectual property rights in general and patents in particular are very importance in the innovation ecosystem. Since ChatGPT is being increasingly used in patent perspectives suggesting various solutions, naturally there should be mechanisms to cope with its implications. At a broader level, ChatGPT can accelerate preparation of patent application, prior art search, and patent examination slashing costs and time while minimizing the system mistakes. ChatGPT can assist patent attorneys work more professionally and make more precise diagnoses, thus improving their productivity. It, however, is also raising concerns in stakeholders regarding various legal issues. New legal tools are needed to understand the development, regulation, and implementation of ChatGPT in patent regime to harness the tremendous possibilities of transformation for the better. Legislators and technical experts should join hands to formulate policies that balance the innovation and protect the rights of inventors.
Sattar Buksh Cafe vs Starbucks Coffee Trademark Dispute of Pakistan
This study examines the trademark dispute between global coffee chain Starbucks and the Pakistani café Sattar Buksh. The matter, resolved without formal litigation, highlights the intricate relationship between trademark law, the concepts of dilution and parody, and the tension between brand protection and cultural expression. By adopting a parody-based strategy in its name and visual branding, Sattar Buksh attracted local market attention, ultimately prompting legal action from Starbucks. This research explores the positions of both parties, the applicable provisions of Pakistan’s Trademarks Ordinance, 2001, and the wider implications of such disputes for intellectual property rights in emerging economies.
Human Right to Water and Intellectual Property Framework for Achieving SDG 6
Water is a vital part of the environment, and essential for sustaining life for all living organisms. Access to safe water, along with proper hygiene and sanitation, is a fundamental requirement for human health and well-being. According to United Nations, over 2 billion people may face challenges in obtaining safe water by 2025. Hence. it is imperative to ensure water sustainability for future generations. Water conservation initiatives and investing in innovative water technologies can help secure future water availability and promote sustainable development. Intellectual property rights (IPRs) are acknowledged as human rights under several global and national legal provisions, and their importance has significantly increased in the contemporary world. Desalination membranes, low-cost point-of-use filtration, pathogen detection tools, remote sensing and hydraulic modelling software—are protected by intellectual property (IP) rights. Current study explores the relationship between the right to clean water and intellectual property (IP), considering both international frameworks and the constitutional domain of India. This research attempts to establish a link between these two domains—clean water rights and intellectual property rights.
Patent Infringement, and Novelty in Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 C.L.D. 1768)
This research explores the legal and procedural aspects of patent protection in Pakistan in the context of landmark case Khawaja Tahir Jamal v. A.R. Rehman Glass (2005 CLD 1768). The case primarily involves the Patents and Designs Act (II of 1911) and the Patents Ordinance (LXI of 2000), along with the Civil Procedure Code (V of 1908). The study highlights the judicial interpretation of the Patents and Designs Act, 1911, and the Patents Ordinance, 2000, emphasizing the territorial nature of patent rights and the strict grounds for opposition under Pakistan intellectual property (IP) laws. Court rulings, legal arguments, and evidentiary standards, indicate the Lahore High Court's validation of Khawaja Tahir Jamal's float glass technology patent established a precedent for novelty assessment, infringement remedies, and judicial balancing of patent rights against operational realities. The modified injunction by divisional bench allowed AR Rehman Glass continuing production but prohibiting marketing during litigation creating a unique compromise influencing Pakistani IP jurisprudence. The interpre-tation of "novelty” as domestic novelty under the Patents and Designs Act 1911 was due to being non-party to certain international patent treaties including TRIPS Agreement at the time of patent filing and grant.
Intellectual Property, Sustainability and Development: The Case of Morocco's Argan Oil Geographical Indication
Argania spinose yields Argan oil that is culturally, economically, and ecologically significant product endemic in southwestern Morocco. As a Moroccan geographical indication (GI) product since 25 January 2010, Argan oil symbolizes Moroccan history, rural development, and biodiversity preservation. This study explores Argan oil GI recognition, the socioeconomic context of the oil and the legal systems for GI protection band the role played by women's cooperatives. Although GI designation has led to improved quality control and access to global markets, over-commercialization, climate vulnerability, and enforcement challenges persist. This study through case studies, legal analysis, and policy frameworks suggests importance of GI protection for sustainable development and cultural preservation in Morocco.
Intellectual Property Rights, TRIPS and SDGs in Bangladesh
Intellectual property rights (IPRs), when strategically designed and implemented, can support poverty reduction, promote sustainable industrialization, and protect cultural heritage. For Bangladesh, which is set to graduate from the LDC category in 2026, the transition poses a critical moment to align its evolving IP framework with its national SDG commitments. But there’s lots of room for growth and innovation through smart exploitation of IP. This study explores the linkage between IP policies and SDGs by analysing the implications of these policies on different sectors such as technology, health, agriculture and environmental. By examining Bangladeshi legal and institutional structures for IP, and highlighting the system's shortcomings, modifications are recommended to bring IP practices in line with the global sustainable development objective. The research features the potentials and challenges of balancing between public access to necessities and the protection of their IP, particularly in food security, affordable health and clean energy, which play an important role in facilitating the SDGs. A smart, pro-development IP governance based on TRIPS flexibilities, promotion of geographical indications (GIs), support to creative industries and green technology diffusion can materially advance Bangladesh’s 2030 commitments while cushioning post-LDC transition risks.
Indian Perspective of Intellectual Property for AI-Created Works
The frame around every canvas does not restrict the artist but defines the space where creativity can flourish. Without it, the canvas can lose form and the paint may run, rendering the work incomplete. Intellectual property (IP) functions similarly-it protects rather than stifles innovation. However, as the AI era unfolds, this protective frame is weakening. Data used for training AI models doesn’t emerge from nowhere, and not all companies secure valid licenses before using copyrighted content. For instance, Getty Images’ suit against Stability AI, the creator of Stable Diffusion, alleged unauthorized scraping of millions of copyrighted photos. Similar concerns have been raised against Google. These companies often defend their actions as "transformative use," while shifting the burden onto artists to opt out rather than requiring explicit consent. This is especially alarming in a world where intangible assets now constitute 90% of the S&P 500’s total value, compared to just 17% in 1975. AI, contributing much to world economies, especially the £3.7 billion to the UK economy, complicates the matter further. Globally, there is no consensus on AI authorship or liability. In India, laws such as the Copyright Act and Patents and Designs Act provide no clear answers, as illustrated by the recent RAGHAV case. This research begins by situating IP as a structural safeguard for creativity in the digital era. The second section critically examines the legal uncertainty surrounding AI-generated works, focusing on authorship, licensing, and liability under Indian IP law. It draws on Parliamentary Standing Committee Report No. 161, which recommends a separate category for AI-based inventions-an encouraging step. The paper concludes by evaluating international models-particularly New Zealand’s risk-based, light-touch regulatory approach-and argues that India must adopt a similar framework to ensure transparency, provenance tracking, and fair contractual practices between AI developers and users. Only then can we preserve creativity while encouraging responsible technological growth.
IP Dispute Resolution in the Digital Age: An Analysis of WIPO's UDRP Mechanisms and AI Integration
The use of AI in intellectual property (IP) dispute resolution particularly in the framework of the World Intellectual Property Organization (WIPO) is a paradigm shift as far as efficiency and effectiveness of the domain name dispute resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP) are concerned. The role of WIPO as a significant source of institutional ADR mechanisms is discussed in terms of its Arbitration and Mediation Centre and its functions and performance of cases administration procedures. The study highlights the procedural issues of the UDRP that enable owners of trademarks to challenge the bad faith domain name registrations and evaluates the success of the policy in delivering cost-effective and speedy decisions as compared to protracted litigation. The study explores the already existing implementations of the AI, including the case prediction systems within the scope of machine learning (e.g., SCALE and BERT models), and the applications of automated legal reasoning that are aimed at making the process of decision-making more efficient. Through comparative analysis of the AI-assisted and traditional proceedings of UDRP, the research identifies some of its greatest advantages, such as the acceleration of the cases processing, the elevated stability in decision-making, and the possibility to identify patterns in the cybersquatting cases.
On patent searching: the case of 3D-bioprinting
This study offers a commentary on the retrieval of patents related to 3D bioprinting. Patents contain technical information that can’t be retried from other sources. However, it is challenging to obtain this information precisely and comprehensively. A patent search strategy that focuses exclusively on the title and abstract may yield incomplete results, as patent documents possess a distinct intrinsic nature that differentiates them from those found in academic publications. A patent search, limited to the title and abstract, whether in isolation or in combination, may offer only a preliminary, general perspective on a technology and its underlying inventions. For a comprehensive understanding, it is imperative to consider additional elements, such as bibliographic data, including patent classification codes, and claims. The classification symbols are independent of the language used and have the capacity to enhance a patent landscape or patent prior art to a considerable degree.
The Business of Being You: Evolving Law of Personality Rights in India
This article critically examines the development of personality rights jurisprudence in India, charting its progression from incidental protection under existing legal frameworks-such as Article 21 of the Constitution, the Copyright Act, 1957, and the Trademarks Act, 1999-to its recognition as a distinct and autonomous branch of law. Anchored in the common law tort of passing off, the jurisprudence has evolved through a series of landmark judicial decisions involving public figures such as Barkha Dutt, Daler Mehndi, Amitabh Bachchan, Rajnikanth, Anil Kapoor, Jackie Shroff, Arijit Singh, and Karan Johar. The article analyses how Indian courts have gradually expanded the scope of these rights to include not only names and images, but also voice, likeness, gestures, and other unique identifiers-particularly in light of emerging technologies such as AI-generated content. It also explores the evolving legal tools deployed to enforce these rights, including John Doe orders and dynamic injunctions. Through a doctrinal and case law-based analysis, the article argues that the recognition of personality rights in India reflects a growing judicial commitment to preserving individual autonomy, reputation, and commercial identity. At the same time, it underscores the need for a calibrated approach that balances these rights against competing interests such as artistic freedom and public interest in a digitally mediated society.
Sundarban Honey as Geographical Indication of Bangladesh
Sundarban Honey possesses distinctive nutritional, sensory and chemical characteristics that arise from the unique mangrove ecosystem of the Sundarbans. Sundarban Honey met the essential criteria of origin specificity, quality linkage and traditional expertise to get a GI tag. This article examines the ongoing dispute between India and Bangladesh regarding Geographical Indication (GI) tag of Sundarban Honey. It reviews the legal procedure for GI registration in Bangladesh under Bangladesh’s 2013 GI Act and compares the honey’s protection needs with those of Manuka Honey in New Zealand and EU designations such as Miel de Provence. The analysis identifies key challenges in weak institutional capacity, and lack of community organization that led to Indian claims on this product earlier than Bangladesh. It is recommended to strengthen traceability, empower local cooperatives, and enhance cross-border cooperation with Indian Sundarbans stakeholders. Sundarban Honey GI tag in Bangladesh will preserve cultural heritage, support rural livelihoods, advance biodiversity conservation and sustainable economic development.