http://nopr.niscpr.res.in/handle/123456789/67300 Fri, 09 Oct 2026 23:24:43 GMT 2026-10-09T23:24:43Z https://http://nopr.niscpr.res.in:443/retrieve/198974/JIPR-Front-Cover-March-26 (2).jpg http://nopr.niscpr.res.in/handle/123456789/67300 http://nopr.niscpr.res.in/handle/123456789/67315 Title: The Interplay between Intellectual Property Rights, Reproductive Rights and ADR as a Dispute Settlement Window Authors: Das, Sushmita; Gomasta, Shubhang Abstract: The intersection between Intellectual Property Rights (herein as I.P.R), Alternative Dispute Resolution (herein as A.D.R) and Reproductive rights and technologies (herein as R.R.T.) play a very essential role in the contemporary law and society. The authors emphasise the significance of three distinct domains together to understand their relevance which enhanced their own importance when merged together. As there is no much of available jurisprudence of this subject matter but when the authors explored it convergence in current context it found much of its relevance as the I.P.R is a very broad area where geographic rights, brainly rights are given for the protection when connected to the reproductive rights like abortion, surrogacy and various technological advancements such as in-vitro fertilization (I.V.F.) to treat the infertility as there are many herbal treatments available which isn’t geographically indicated yet neither patented. The authors asserts that the technological advancement for treating the infertility should be protected by copyrighted, a consideration frequently overlooked following the collapse of commercial surrogacy due to the enactment of new legislation forbids it. These technological advancements, drugs, herbal medicines for fertility treatments will be a need of an hour and to address such issue and there must be single window dispute resolutions for the Indian citizens either in the form of courts or through alternative means of dispute resolution mechanism. However, the authors examine how arbitration can function as an impartial forum for resolving disputes in this unique domain, while reconciling the private interests of innovators with the essential human rights related to reproductive autonomy and access. Page(s): 161-168 Sun, 01 Feb 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/67315 2026-02-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/67314 Title: Artificial Creations, Real Rights: Examining Copyrightability of Generative AI Data Authors: Setia, Sunidhi; Vasan, Madhumitha Abstract: Since the launch of ChatGPT by OpenAI, the investment in generative AI has quintupled. While individuals employing these tools are creating novel work every day, the parent companies are generating billions of revenues. With increasing number of high-profile lawsuits relating to Generative AI and Copyright around the world, the paper discusses the concept of copyrightability in the new era of technological advancements. Generative AI undergoes massive training using data to understand images, sounds and visuals. They then respond when prompted by a user. Through this paper the authors discussed the basic concepts of ownership and then examine different scenarios to determine authorship over works generated by AI. Building on established concept like the essential need of human authorship and creativity element to grant copyright to the works of AI, the paper explores and divulge into new doctrines like the “Significant Input Test”. The authors argue that while copying large amount of copyrighted content off the internet and generating new content makes out a case for copyright infringement, the generative AI algorithm is premised on “transformative use” which in turn constitutes fair use. The authors did a comparative study of judicia-legal development around the concept of copyrightability of the content produced by Generative AI focusing on jurisdictions like US and EU, suggesting a way forward for Indian legislature. Page(s): 169-180 Sun, 01 Feb 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/67314 2026-02-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/67313 Title: Appraisal of Misappropriation of Traditional Cultural Expressions: A SMART Model Approach Authors: Anand, Shubham; Mehrotra, Nidhi Abstract: The development of humankind has its roots in the tacit knowledge that has shaped their life and well-being. This knowledge, especially in a traditional community, encompasses medicinal knowledge, agricultural and forestry, stories, arts and crafts, music, and dance forms. However, with the advent of globalisation, consumerism and technological advancement, these age-old contents have faced a grave concern of misappropriation, warranting an urgent intervention through holistic and comprehensive means. A lack of uniformity in legal measures and weaker forms of protection, such as existing Intellectual Property Rights, has resulted in cross-border misappropriation. The present study analyses a series of misappropriations to understand the different measures adopted. The study strongly suggests that the convergence of mechanisms across jurisdictions should be aligned with the principles established by international institutions such as UNESCO and WIPO. Moreover, the study proposes a SMART model while advocating a minimum order of uniformity in protecting Traditional Cultural Expressions (TCEs), especially in cases of misuse and misappropriation. The proposed model may be utilized to advance an effective TCEs protection system. Page(s): 181-195 Sun, 01 Feb 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/67313 2026-02-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/67312 Title: Rethinking Trademark Rights in Circular Economy from Fashion Upcycling Perspective Authors: Jamal, Nurul Elliyana Abdul; Zainol, Zinatul Ashiqin; Hussein, Safinaz Mohd.; Rusli, Rose Dahlina Abstract: The fashion industry plays a significant role in the global economy but significantly harms the environment by overusing and polluting natural resources. Like many others, Malaysia's fashion sector operates on a linear economic model that generates substantial waste and contributes to environmental degradation. This study explores the intersection of sustainable fashion and trademark rights in implementing circular economy principles in fashion industry. The purpose of this research is to critically examine the legal tension between brand protection and sustainable practices, identifying the extent to which legal frameworks support or hinder circular initiatives. A qualitative legal research method was employed, involving doctrinal analysis of relevant laws, policies, and case studies. Findings highlight successful sustainable practices in fashion industry, such as textile recycling, second-hand markets, and take-back programs in Malaysia, which align with circular economy principles. It also reveal that while trademark law plays a crucial role in safeguarding brand identity, it can unintentionally obstruct upcycling of branded goods, which are key components of circular fashion. The study concludes that amendment to Trademark Act 2019 and legal reforms approaches are necessary to align trademark protection with the goals of sustainability, encouraging a more balanced legal environment that supports both brand integrity and environmental responsibility. By overcoming these obstacles, Malaysia can strengthen its leadership in sustainable fashion and create a model for integrating circular economy practices into other sectors. Page(s): 196-206 Sun, 01 Feb 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/67312 2026-02-01T00:00:00Z