http://nopr.niscpr.res.in/handle/123456789/66433 Fri, 09 Oct 2026 18:26:21 GMT 2026-10-09T18:26:21Z http://nopr.niscpr.res.in/handle/123456789/66449 Title: Intellectual Property and Gender in Geographical Indications: A Case Study of Chendamangalam Handlooms in Kerala Authors: C J, Anson; Eswaran, Aparna Abstract: Geographical Indications (GI) are signs bestowed on goods that convey an assurance of quality and distinctiveness attributable to their origin in a defined geographical locality, region or country. Under Articles 1(2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs. They are also covered under Articles 22 to 24 of the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which was part of the Agreements concluding the Uruguay Round of GATT negotiations. India, as a member of the World Trade Organisation (WTO), through the enactment of the Geographical Indications of Goods (Registration & Protection) Act, 1999, which came into force with effect from 15th September 2003, also recognises the legal right of intellectual property protection in GI. GI is distinctive from other types of Intellectual property because the property and the conjoined legal right are vested in a local collectivity.This paper argues that considering GI as a property of the ‘local’ people provides a different domain of ownership in IP, which needs to be scrutinised. An enquiry into the legal expediency of using geographical indications to protect the local should start by subjecting categories like place and community to a sociological analysis to examine the gendered lapses in their conceptualisation. The Chendamangalam handlooms, located in Kerala, which enjoy GI protection, are taken as a case study to apply a feminist methodology of legal enquiry to understand the potentials and loopholes in how Geographical Indication is conceptualised as a legal right. Page(s): 511-517 Mon, 01 Sep 2025 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/66449 2025-09-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/66448 Title: Tokenized Art: The Implications of Copyright Law on NFTs Authors: Das, Debdeep Abstract: The mid-2010s marked an exponential rise in the popularity of NFTs, which instantaneously became one of the most lucrative and sought-after properties. With its introduction, several questions were raised in the field of law, more specifically in the realm of intellectual property and information technology law. Being a new crypto-asset class, NFTs lack a real regulatory mechanism in India but are still treated as a viable mode of trade, both in art and data. NFTs are digitalized assets representing an underlying work supported by several components like smart contracts and metadata. Although the underlying work is undoubtedly protected, if it is a copyrightable subject matter, the copyright ability of smart contracts and the metadata remains relatively unexplored. The copyright ability of these components has been extensively analysed in this article. Further, the potential of unauthorized tokenization, listing, and sale is a growing concern in the NFT realm, which has not only been highlighted in this article, but solutions to neutralize the issue have been proposed. Finally, the adequacy of the Indian legal regime has been tested; reforms and recourses have been suggested to fill recognized gaps in the Indian legal system with the aim of accommodating and facilitating the NFT market. Page(s): 518-526 Mon, 01 Sep 2025 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/66448 2025-09-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/66447 Title: Arbitrating Innovation: Navigating Arbitrability of Patent Disputes in the Indian Legal Landscape Authors: Choudhary, Ashiv Abstract: In 2018, the lengthy and high-profile patent infringement battle between smartphone titans Samsung and Apple concluded after seven years of extensive litigation, culminating in damages reaching millions of dollars. The considerable time taken to reach a decision could have been significantly reduced had arbitration been the chosen method for resolving the case. There is a growing interest in patent arbitration in many countries like U.S where patent disputes are expressly arbitrable. Despite this, the parties are confronted with major legal and practical obstacles to the use of arbitration, internationally and nationally. And then comes countries like India where, due to lack of legislation and public policy reasons, it is difficult to ascertain whether the dispute regarding patents are arbitrable or not. In this regard, this research paper discusses current framework on the arbitrability of patents disputes in India and also compares it with the legal framework of different countries in order to find some possible solutions to the existing uncertainty present in Indian laws with respect to arbitrability of patent disputes. Page(s): 527-536 Mon, 01 Sep 2025 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/66447 2025-09-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/66446 Title: Public Policy Reflection on Commercialization of Pharmaceutical Patents in India: A Legal Introspect Authors: Thaorey, Payal; Mukte, Anushree Abstract: Public policy, right to health, affordable medicines and patenting of medicines are closely knitted phenomena for fulfilment of individual and public interest imperatives. This article attempts to analyse the impact of patenting and commercialization of the medicines with and against materialization of right to health for all. The welfare aspects public policy that provides for availability and affordability of medicines for all and its applicability with respect to patenting and commercialization of medicines is examined in light of specific issues as followsi. Primarily, whether the existing patent policy in specific is responsive to public policy in general. ii. Secondly, to what extent public policy shall be incorporated in commercialization of pharmaceutical patents? iii. Thirdly, to what extent commercialization of pharmaceutical patents can be compromised for execution of public policy? iv. Fourthly, is there any possibility of balancing mechanism wherein both, commercialization and public policy with respect to pharmaceutical patents can be maintained? Page(s): 537-549 Mon, 01 Sep 2025 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/66446 2025-09-01T00:00:00Z