http://nopr.niscpr.res.in/handle/123456789/68488 Fri, 09 Oct 2026 18:25:23 GMT 2026-10-09T18:25:23Z https://http://nopr.niscpr.res.in:443/retrieve/201338/JIPR-Front-Cover-September-26 (1)_page-0001.jpg http://nopr.niscpr.res.in/handle/123456789/68488 http://nopr.niscpr.res.in/handle/123456789/68508 Title: Should India Adopt ISDS for IP Disputes? Re-Evaluating the Model BIT from IP and Public Health Perspective Authors: Mukherjee, Shreyasee; S R, Subramanian; Thiruthy, Narendran Abstract: International investment agreements (“IIAs”) are increasingly incorporating intellectual property (“IP”) into the scope of ‘investment’, which has substantial implications for public health, particularly in developing economies such as India. In the budget speech of 2025, the Finance Minister of India, Smt. Nirmala Sitharaman stressed upon revising the Model Bilateral Investment Treaty of India to draw more foreign direct investment (“FDI”). Simultaneously, the government of India is also apprehensive over Investor-State Dispute Settlement (“ISDS”) processes being utilised to contest legislations enacted for the public interest. In the past, pharmaceutical or biotech firms have challenged host-state regulations through the use of investment protections in ISDS cases, which are discussed in the paper in some detail. As a capital-importing nation, India needs to prioritise attracting FDI while simultaneously, safeguarding public health of its citizens. This article analyses the changing investment environment in India and investigates the potential effects of forthcoming Bilateral Investment Treaty (“BIT”) reforms on the regulation of IP as an investment, while preserving the autonomy of public health policy laws. It concludes by proposing that India may adopt the ISDS mechanism in its BITs, as it cultivates investor confidence, attracts additional FDI, and bolsters India’s credibility in the global investment arena. Page(s): 653-664 Tue, 01 Sep 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/68508 2026-09-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/68507 Title: The Untold Cultural Story of Wall Hanging: A Case Study of Geographical Indications (GI) Product from Varanasi Authors: Jamal, Shahid; Sen, Anjan; Kamil, Azka Abstract: Culture is characterised as anything performed by a group of people or a society that has diverse meanings, interpretations, and subjective. The medium through which people express their ability to fulfil themselves and therefore is considered a significant part of the development. Varanasi is blessed with several unique and highly skilled artisans who have been preparing antique handicraft products for generations; one such antique product is a wall hanging. Wall hanging products are priceless, which are being prepared by master weavers, and they are master among the masters. The unique quality of wall hanging attributable to its geographical origin was the basis for wall hanging to get the Geographical Indications tag in 2017. The basic objective of this study is to explore the hidden, potential, and untold cultural heritage and legal aspects of the Geographical Indications (GI) given to wall hanging and the challenges faced by wall hanging weavers in clusters of Varanasi, Uttar Pradesh. Well-structured research questions related to livelihood and economic aspects, traditional and cultural dimensions, market dynamics, consumer behaviour, sustainability and existing challenges were asked and later analysed. Analytical and descriptive methods were used for the analysis to get the desired outcome. After the discussion, it was concluded that wall hanging weavers are working toward enriching the cultural heritage of India. The government and other institutions should focus on restoring Varanasi's wall-hanging cultural glory instead of redesigning it. The paper proposes a roadmap to improve the living standards of the wall hanging weavers by identifying and eliminating the hindrance in the path of their inclusive development. From expert opinion, Varanasi Wall Hanging as the GI tagged product is still underexplored, less competitive, limited market share, localised minor product and not visible to everyone. Wall hanging remains on the margines, and neglected from academic research due to the smaller area of influence, limited awareness, poor narratives, no policy attention and its restricted production. Page(s): 665-680 Tue, 01 Sep 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/68507 2026-09-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/68506 Title: Liability of Representatives in Civil Law: A Comparative Analysis of Vietnam and Germany Authors: Thi Lam Chu, Giang; Van Vu, Tuan Abstract: The paper conducted a comparative analysis of the civil liability of representative persons under the provisions of the 2015 Vietnam Civil Codeand the 2002 German Civil Code. Both legal systems emphasized the importance of representatives acting within their authority, but they differed in the specifics of how authority was defined, the types of liability applied, and the provisions related to ratification. The study adopted a comparative legal research methodology proposed by Bhat (2020), analyzing the relevant provisions of both Codes, supported by case law and legal literature, to identify key similarities and differences. The results demonstrate that while both systems are based on the same fundamental principles, such as the requirement for representatives to act in good faith and within the scope of their authority, the German system provides more clarity and structure, particularly in defining authority and distinguishing between fault-based and strict liability. In contrast, Vietnam's legal framework, though modernized, lacks specificity in defining representative authority and faces challenges due to limited case law. The paper concludes by offering recommendations for Vietnam to improve its legal framework by clarifying the scope of authority, incorporating elements of strict liability, and expanding case law while suggesting that Germany consider flexibility in its liability framework to encourage more proactive decision-making in corporate contexts Page(s): 681-691 Tue, 01 Sep 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/68506 2026-09-01T00:00:00Z http://nopr.niscpr.res.in/handle/123456789/68505 Title: Generative AI, Stylized Artistic Expression, and Intellectual Property Governance: Copyright, Trademark, and Dataset Liability in AI-Driven Visual Art Authors: Niyati Abstract: Generative artificial intelligence has altered the legal understanding of creativity by shifting artistic production from direct human execution to prompt-based, data-dependent image generation.1 The controversy surrounding “Ghibli-style” AI visuals reflects a broader intellectual property problem: modern AI systems do not merely create outputs; they learn from vast collections of protected works, cultural expressions, and recognizable artistic identities.2 This article examines whether AI-generated visual works inspired by a distinctive animation style can attract copyright, infringe protected expression, dilute trademarks, or create liability for users and platforms.3 It further argues that legal analysis should not remain limited to the final image produced by an AI system, but must also extend to the training data, prompting practices, and commercial circulation of such outputs.4 Adopting a doctrinal and comparative method, the article evaluates Indian copyright and trademark law alongside developments in the United States, Japan, the European Union, and China.5 It highlights the distinction between unprotected artistic style and protected expression, the continued relevance of human authorship, the uncertainty surrounding text-anddata mining, and the risks of using brand-specific prompts in commercial contexts. The article also considers cultural misappropriation, platform accountability, digital watermarking, licensing models, and dataset transparency as emerging governance tools. It concludes that India requires a balanced AI-IP framework that protects creators and cultural identity without obstructing legitimate technological innovation. Page(s): 692-702 Tue, 01 Sep 2026 00:00:00 GMT http://nopr.niscpr.res.in/handle/123456789/68505 2026-09-01T00:00:00Z