INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

NAVIGATING THE LEGAL AND ETHICAL LANDSCAPE OF GENE PATENTS: AN ANALYTICAL RESEARCH BY - SIMRAN GAHLOT

Authors : SIMRAN GAHLOT

Registration ID : 107791 | Published Paper ID: IJLRA7791

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : simrangahlot26@gmail.com

Page No : 15 | No of times Downloads: 0065

Doi Link :

“THE DOCTRINE OF LEGITIMATE EXPECTATION: A DELICATE BALANCE WITH ADMINISTRATIVE DISCRETION” BY - KOMAL RANI

Authors : KOMAL RANI

Registration ID : 107790 | Published Paper ID: IJLRA7790

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : komalrani5476@gmail.com

Page No : 18 | No of times Downloads: 0065

Doi Link :

A CRITICAL ANALYSIS OF THE INTERFACE BETWEEN COMPETITION LAW AND IPR:A CRITICAL ANALYSIS WITH SPECIAL REFERENCE TO PATENT REGIME IN INDIA BY: RITIK MALIK & DR. SHEEBA AHAD

Authors : RITIK MALIK & DR. SHEEBA AHAD

Registration ID : 107788 | Published Paper ID: IJLRA7788 & IJLRA7789

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : ritik99malik@gmail.com

Page No : 16 | No of times Downloads: 0065

Doi Link :

A CRITICAL STUDY ON THE IMPORTANCE OF NON- CONVENTIONAL TRADEMARKS BY - ABHINAV KUMAR

Authors : ABHINAV KUMAR

Registration ID : 107787 | Published Paper ID: IJLRA7787

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : adv.abhinavkumar8@gmail.com

Page No : 24 | No of times Downloads: 0065

Doi Link :

COFFEE COMMERCE: AN ANALYSIS OF THE HARMONIOUS INTERPRETATIONS OF THE LAWS OF ASIA PACIFIC AND LATIN AMERICAN CONTRIBUTIONS TO THE GLOBAL TRADE REGIME BY - ATHUL KRISHNAN

Authors : ATHUL KRISHNAN

Registration ID : 107786 | Published Paper ID: IJLRA7786

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : athulk321@gmail.com

Page No : 25 | No of times Downloads: 0065

Doi Link :

“MOONLIGHTING – ITS MEANING, PREVALENCE IN THE TECHNOLOGY WORLD, AND PROVISIONS” BY: ADITYA SWAROOP & ARUNDATHI MAMIDALA

Authors : ADITYA SWAROOP & ARUNDATHI MAMIDALA

Registration ID : 107784 | Published Paper ID: IJLRA7784 & IJLRA7785

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : swaroop8aditya@gmail.com & arundathi022002@gmail.com

Page No : 17 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/05.2024-13742771/“MOONLIGHTING – ITS MEANING, PREVALENCE IN THE

IMPACT OF BREXIT ON INTERNATIONAL TRADE BY - RAKSHITA MATHUR

Authors : RAKSHITA MATHUR

Registration ID : 107783 | Published Paper ID: IJLRA7783

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : rakshitamathurofficial@gmail.com

Page No : 16 | No of times Downloads: 0065

Doi Link : ttps://www.doi-ds.org/doilink/05.2024-29948287/IMPACT OF BREXIT ON INTERNATIONAL TRADE

STATE EMERGENCY: FAILURE OF CONSTITUTIONAL MACHINERY OF THE STATE BY - MISS RUDRA BHAVSAR

Authors : MISS RUDRA BHAVSAR

Registration ID : 107782 | Published Paper ID: IJLRA7782

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : bhavsarrudra1097@gmail.com

Page No : 24 | No of times Downloads: 0065

Doi Link : https://www.doi-ds.org/doilink/05.2024-92396873/STATE EMERGENCY: FAILURE OF CONSTITUTIONAL MACHINE

LAWS RELATING TO DOG BITES IN INDIA. (APPEARANCE AND REALITY) BY - KANAD YADAV

Authors : KANAD YADAV

Registration ID : 107781 | Published Paper ID: IJLRA7781

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : kanadyadav22@gmail.com

Page No : 16 | No of times Downloads: 0065

Doi Link :https://www.doi-ds.org/doilink/05.2024-74237789/LAWS RELATING TO DOG BITES IN INDIA. (APPEARANCE A

“THE RIGHT TO A CLEAN, HEALTHY, AND SUSTAINABLE ENVIRONMENT” IS A FUNDAMENTAL AND BASIC HUMAN RIGHT BY - DR. KONERU ANURADHA

Authors : DR. KONERU ANURADHA

Registration ID : 107780 | Published Paper ID: IJLRA7780

Year : May-2024 | Volume : II | Issue : 7

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id : anuradhakoneru988@gmail.com

Page No : 19 | No of times Downloads: 0065

Doi Link :https://www.doi-ds.org/doilink/05.2024-68371298/“THE RIGHT TO A CLEAN, HEALTHY, AND SUSTAINABLE

International journal for legal research and analysis

Abbreviation:IJLRA

ISSN:2582-6433

Website:https://www.ijlra.com/

Accessibility:Open Access

License:Creative Commons 4.0

Submit Manuscript:Click here

Licensing:

All research articles published INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

^{^[1]} M S, Dr.S. (2023) Gene Patenting - Types, Challenges, Pros, and Cons, icliniq. Available at: https://www.icliniq.com/articles/genetic-disorders/gene-patenting/ (Accessed: 02 March 2023).

[2] Byjus (2018) Gene definition, byjus. Available at: https://byjus.com/biology/gene-definition/ (Accessed: 2018).

[1] Ministry of Commerce and Industry, TM Rules, 2017 (Available at https://ipindia.gov.in/writereaddata/Portal/News/312_1_TRADE_MARKS_RULES_2017__English.pdf)

[3] Smell, Sound and Taste-Getting a Sense of Non-Traditional Marks, WIPO, http://www.wipo.int/wipo_magazine/en/2009/01/article_0003.html

[4] Tanisha Agarwal & Vanshaj Mehta, Hear Me, Touch Me, Taste Me, Smell Me: Conventionalizing NonConventional Trademark in India, 3 Journal of Contemporary Issues of Law 1, 1-22 (2017).

[1] Bain, J, “A Note on Pricing in Monopoly and Oligopoly,” American Economic Review, 1949, Vol. 39, pp. 448-464.

[2] Hwang, H. and C. Mai, “On the Equivalence of Tariffs and Quotas under Duopoly,” Journal of International Economics, 1988, Vol. 24, pp. 373-380

[3] Peterson, R.A, “The Future of U.S. Retailing: An Agenda for the 21st Century”, Quorum Books, Westport, CT., 1992

[4] Varnam, H.A. and Sutherland, P.J. Beverage technology chemistry and microbiology. New York: Chapman & Hall, 1994, pp.191-254

[5] Adams, W, “Beer in Germany and the United States,” Journal of Economic Perspectives, 2006, Vol. 20, No.1, pp. 189-205

[6] Bain, J, “A Note on Pricing in Monopoly and Oligopoly,” American Economic Review, 1949, Vol. 39, pp. 448-464.

[7] Bailey, S & Schultz, DE, “Customer/Brand Loyalty in an Interactive Marketplace”, Journal of Advertising Research, vol. 40, no. 3, 2000, p. 41.

[8] Chanchal Narain et.al, “Whitening and sweetening influences on filter coffee preference”, British Food Journal, Vol. 106, Issue. 6, 2004

[9] Coffee Board of India. “Indian Coffee,” various monthly issues.

[10] Danny Pimentel Claro et.al, “Coordinating B2B cross-border supply chains: the case of the organic coffee industry”, Journal of Business & Industrial Marketing, Vol. 19 Issue.6, 2004

[11] Datta S and M. Chakrabarti "Composition of India's Agri-Exports: Changes in the Post- Reform Period," in Impact of WTO Agreements on Indian Agriculture, Indian Institute of Management, Ahmedabad, India, 1999

[12] Hokey Min et.al, “Comparative efficiencies of specialty coffee retailers from the perspectives of socially responsible global sourcing” International Journal of Logistics Management, Vol. 21, Issue. 3, 2010

[13] Hwang, H. and C. Mai, “On the Equivalence of Tariffs and Quotas under Duopoly,” Journal of International Economics, 1988, Vol. 24, pp. 373-380. Islam. T and Taslim. M.A, “Demographic Pressure, Technological Innovatiob ad Welfare: The Case of Agricultural in Bangladesh” The Journal of Development Studies, vol.32, no.5, 1996

[14] Patrick De Pelsmacker et.al, “Consumer preferences for the marketing of ethically labelled coffee”, International Marketing Review, Vol. 22, Issue: 5, 2005

[15] Po-Tsang Chen and Hsin-Hui Hu, “How determinant attributes of service quality influence customer-perceived value: An empirical investigation of the Australian coffee outlet industry”, International Journal of Contemporary Hospitality Management, Vol. 22 Issue. 4, 2010

[16] Randall Arce Alvarado and Anita R. Linnemann, “The predictive value of a small consumer panel for coffee-cupper judgment” British Food Journal, Vol. 112, Issue. 9, 2010

[17] Silva, C.F et.al. Microbial diversity during maturation and natural processing of coffee cherries of Coffea Arabica in Brazil. International Journal of Food Microbiology, 2000, pp. 251-260.

[18] Seong-Jong Joo et.al, “Measuring and benchmarking the performance of coffee stores for retail operations”, Benchmarking: An International Journal, Vol. 16, Issue. 6, 2009

“[1] Zimmermann, Hubert. “Brexit and the External Trade Policy of the EU.” 6 European Review of International Studies 29 (2019)”

“[4] Nicola McEwen, David Eiser, Graeme Roy, et.al., “The Trade Policies of Brexit Britain: The Influence of and Impacts on the Devolved Nations” 1 European Review of International Studies 25 (2021).”

“[5] Giorgio Sacerdoti. “The United Kingdom's Post-Brexit Trade Regime with the European Union and the Rest of the World: Perspectives and Constraints." Journal of International Economic Law (2017).”

[7] Garcia, Maria J. “Post-Brexit Trade Policy in the UK: Placebo Policy-Making?” 11 Journal of European Public Policy 2494 (2023).

[9] Ansgar Belke & Daniel Gros. “The Economic Impact of Brexit: Evidence from Modelling Free Trade Agreements”. Atlantic Economic Journal (2017).

[11] Dhingra, Swati, Hanwei Huang, Gianmarco Ottaviano, João Paulo Pessoa, Thomas Sampson, John Van Reenen, Gino Gancia, and Ugo Panizza. “The Costs and Benefits of Leaving the EU: Trade Effects.” 92 Economic Policy Journal 655 (2017).

[12] Paolo R. Vergano,Tobias Dolle. “The Trade Law Consequences of ‘Brexit.’” 4 European Journal of Risk Regulation 799 (2016).

[14] Maria Latorre, Zoryana Olekseyuk, Hidemichi Yonezawa. “Trade and FDI ?related impacts of Brexit.” 43 The World Economy Journal.(2019)

[15] D. Bailey, D.Hearne, D., et. al. “People, places and policies beyond Brexit.” 18 Contemporary Social Science,129 (2023).

[2] Article 356 of the Constitution of India. (Provisions in case of failure of constitutional machinery of state)

[5] INDIA TODAY. (1995, November 15). The battle for Uttar pradesh. Atmigration. https://www.indiatoday.in/magazine/cover-story/story/19951115-the-battle-for-uttar- pradesh-754286-1995-11-14

[7] Herklotz, T. (2022). kashmir in turmoil. Verfassungs Blog. https://verfassungsblog.de/kashmir-in- turmoil/

[9] Times of India. (2005, March 7). Bihar under central rule for 8th time. PTI. https://timesofindia.indiatimes.com/india/bihar-under-central-rule-for-8th- time/articleshow/1043862.cms

[10] The Hindu. (2012, October 9). Invoke article 356 to dismiss Karnataka government: karunanidhi.

The Hindu. https://www.thehindu.com/news/national/tamil-nadu/Invoke-Article-356-to- dismiss-Karnataka-government-Karunanidhi/article12551347.ece

[11] Bhattacharya, S. (2021, July 6). No Title. The Wire. https://thewire.in/rights/fifty-years-of-apdr- how-the-civil-liberties-movement-took-shape-in-india

[13] Jetly, R. (2018). The khalistan movement in India: the interplay of politics and state power. JSTOR, 44, 15.

[14] South Asia terrorism portal. (2001). No Title. South Asia Terrorism Portal. https://satp.org/satporgtp/countries/india/states/manipur/assessment_2001.htm

[1] Ahmed Abdulla, Islam teaching, my Islam,https://myislam.org/are-dogs-haram/

[3] Devdutt Pattnaik, dogs of the gods, Devdutt(april.28,2019,mid-day),https://devdutt.com/articles/dogs-of-the-gods/

[4] Genevieve K. Croft, The Animal Welfare Act: Background and Selected Issues, Congressional Research Service(19.july,2022),https://crsreports.congress.gov/product/pdf/R/R47179

[5] legislation.gov.uk,Legislation.gov.uk,12 dec,2022

[7] The times of India,Pet Dog Bites One, Attacks Others; Owner Booked | Chandigarh News - Times of India (Indiatimes.com),17 dec 2022

[8] Prof Ajay Singh Rawat vs Union Of India & Others on 9 April, 2015

[9] Kavita Prashant Magar vs The Additional Commissioner ... On 14 September 2016

[10] All India Animal Welfare ... vs Brihanmumbai Municipal ... on 20 April, 2007

[11] Manas Mandar Godbole versus The State of Maharashtra, 2023 LiveLaw (Bom) 10

[1] Strict liability had 5 important exceptions like consent of the plaintiff, plaintiff’s own default, Act of stranger, act of God or Vis major, where escape caused for common benefit of plaintiff and defendant and statutory authority etc.

[2] (1868) LR 3 HL 330:LRI and available at : https://en.wikipedia.org/wiki/Rylands_v_Fletcher (visited on 24th August, 2022)

[4] This is a case came before the Supreme Court of India through a PIL petition under Article 32 of the Indian constitution. In this case on the 4^th and 5^th December, 1985 there was a gas leakage from one of the units of Shriram Foods and Fertilizers Industries, Delhi. Due to this leakage, one advocate and several people were dead and many were injured. So, to provide proper remedy to victims M.C Mehta, A lawyer by profession and a committed environmentalist by choice approached the S.C.

[5] The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak incident in India, considered the world's worst industrial disaster. It occurred on the night of 2–3 December 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh. Over 500,000 people were exposed to methyl iso cyanate (MIC) gas and other chemicals. The highly toxic substance made its way into and around the shanty towns located near the plant. (for more details visit : https://en.wikipedia.org/wiki/Bhopal_disaster) (visited on 24^th August, 2022)

[6] The public liability insurance Act, 1991, section 3 (1) Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall-be liable to give such relief as is specified in Schedule for such death, injury or damage.

(2) In any claim for relief under sub-section (I) (hereinafter referred to in this Act as claim for relief), the claimant shall not be required to plead and establish that the death, injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default of any person.

[8] This is a case related to hazardous chemical industries, releasing highly toxic sludge and toxic untreated waste water which had percolated deep into the oil rendering the soil unfit for cultivation and water unfit for irrigation, human or animal consumption resulting in untold misery to the villagers in Bichhri village and its surrounding areas, Udaipur District, Rajasthan. SC directed the government determine and recover the cost of remedial measure from the private companies which polluted the environment by attaching all their assets and further use to restore soil, forest etc. These industries were characterized by the SC as ‘rouge industries’ and were ordered to be closed down.

[11] Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212 at 215.

[12] The International institute for industrial Environmental economics at Lund University, Sweden(2000). Available at : http://lex-warrier.in/2013/06/polluter-pays-principle/#identifier_1_3706 (Visited on 4^th April, 2024)

[13] The organization for economic co-operation and Development, environment Directorate, Paris, France (2006) defines this extended producer responsibility as “producers accepting their responsibility when designing their products to minimize life-cycle environmental impacts and when accepting legal, physical or socio-economic responsibility for environmental impacts that cannot be eliminated by design”.

[14] Rule 16, the Hazardous Wastes Management and Handling Rules 1989.

[15] Section 15, the Environmental protection Act 1986.

[16] Section 3 read with the Schedule of the Public liability insurance Act, 1991.

[19] Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715; (1996) 5 SCC 647

[21] “...pollution is a civil wrong. By its very nature, it is a tort committed against the community as a whole. A person, therefore, who is guilty of causing pollution, has to pay damages (compensation) for restoration of the environment and ecology. He has also to pay damages to those who have suffered loss on account of the act of the offender. The powers of this court are not restricted and it can award damages in Public Interest Litigation or a Writ Petition as has been held in a series of decisions. In addition to damages aforesaid, the person guilty of causing pollution can also be held liable to pay exemplary damages so that it may act as a deterrent for others not to cause pollution in any manner…”

[22] An alternative translation of this word would mean ‘foresight principle’ – which could have given an active and positive impression, as against the reactive and perhaps negative connotation attached with precaution.

[23] A. P. Pollution Control Board v. M. V. Nayudu, (1999) 2 SCC 718; AIR 1999 SC 812.

[24] Narmada Bacho Andolan v. Union of India (2000) 10 SC 664

[29] Research Foundation for Science, Technology and Natural Resource Policy Vs. Union of India AIR 2012 SC 2627

[30] Court on Its Own Motion Vs. Union of India (2012) 12 SCC 497

[31] Orissa Mining Corporation Ltd. Vs. Ministry of Environment and Forest (2013) 6 SCC 476

[32] G. Sundarrajan Vs. Union of India (2013) 6 SCC 620

[33] State of Tamil Nadu Vs. State of Kerala AIR 2014 SC 2407

[38] (2010) 3 ALD 300; Balachandra Bhikaji Nalwade v. Union of India and Others, 170 (2009) DLT 251, para. 22; (2006) 6 SCC 371, para. 83.

[40] 9 Centre for Public Interest Litigation v. Union of India, (2012) 3 SCC 1.

[44] Since Vedic time the main motto of our social life was “to live in harmony with nature”. The literature olden times preached in one form or other a worshipful attitude towards plants, trees, mother earth, sky, water, air, animals and to keep benevolent attitude towards them.

[45] Singh. J, Compliance and Role of Judiciary in meeting the challenge of Sustainable development, (online) Available at : http://www.goforthelaw.com/articles/fromlawstu/article50.htm (Visited on 3rd September, 2017)

[46] 2004 (3) KLT 577 at para 15; Ashwani Chobisa v. Union of India and Ors, RLW (2005) 1 Raj 389 at para. 24.

[49] M.C. Mehta v. Union of India, AIR 1992 SC 362

[50] Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715; (1996) 5 SCC 647

[51] Law Commission of India, 186th Report on Proposal to Constitute Environmental Courts, September 2003,

available at http://lawcommissionofIndia.nic.in/reports/186th%20report.pdf, (Visited on 6^th September, 2022)

IJLRA	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
IEEE	N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)

NAVIGATING THE LEGAL AND ETHICAL LANDSCAPE OF GENE PATENTS: AN ANALYTICAL RESEARCH BY - SIMRAN GAHLOT

“THE DOCTRINE OF LEGITIMATE EXPECTATION: A DELICATE BALANCE WITH ADMINISTRATIVE DISCRETION” BY - KOMAL RANI

A CRITICAL ANALYSIS OF THE INTERFACE BETWEEN COMPETITION LAW AND IPR:A CRITICAL ANALYSIS WITH SPECIAL REFERENCE TO PATENT REGIME IN INDIA BY: RITIK MALIK & DR. SHEEBA AHAD

A CRITICAL STUDY ON THE IMPORTANCE OF NON- CONVENTIONAL TRADEMARKS BY - ABHINAV KUMAR

COFFEE COMMERCE: AN ANALYSIS OF THE HARMONIOUS INTERPRETATIONS OF THE LAWS OF ASIA PACIFIC AND LATIN AMERICAN CONTRIBUTIONS TO THE GLOBAL TRADE REGIME BY - ATHUL KRISHNAN

“MOONLIGHTING – ITS MEANING, PREVALENCE IN THE TECHNOLOGY WORLD, AND PROVISIONS” BY: ADITYA SWAROOP & ARUNDATHI MAMIDALA

IMPACT OF BREXIT ON INTERNATIONAL TRADE BY - RAKSHITA MATHUR

STATE EMERGENCY: FAILURE OF CONSTITUTIONAL MACHINERY OF THE STATE BY - MISS RUDRA BHAVSAR

LAWS RELATING TO DOG BITES IN INDIA. (APPEARANCE AND REALITY) BY - KANAD YADAV

“THE RIGHT TO A CLEAN, HEALTHY, AND SUSTAINABLE ENVIRONMENT” IS A FUNDAMENTAL AND BASIC HUMAN RIGHT BY - DR. KONERU ANURADHA

LAW JOURNAL

IMPORTANT LINKS

ETHICS & POLICY

Citation

Citation

Citation

Citation

Citation

Citation

Citation

Citation

Citation

Citation

Citation 2