Volume 7, Issue 1 / 2025

Although the notion of sound marks as trademarks has been widely accepted worldwide, the recent trend, however, has been particularly remarkable in the United States, India, and the United Kingdom. The current paper is relevant to a discussion of legal and procedural provisions relating to the registration of sound marks wherein evolving standards on graphical representation and some kind of distinctiveness requirement is emphasized. Although the U.S. has been more liberal in its practice under which sound marks are registerable without stringent graphical restraints, the UK and India keep a higher bar, so to speak, that would otherwise block certain non-conventional trademarks from registration. This debate identifies landmark cases that define sound mark recognition and challenges for applicants-such as distinctiveness and limitations of existing graphical representations. Finally, the paper provides recommendations for improving the process of registration in India, from the use of digital representations to clearer guidelines on the existence of non-musical sounds and better interaction with stakeholders, measures that might make the best out of the potential enabling sound marks to efficiently identify brand signatures, inspiring innovation and competition in the marketplace.

Cotton candy has been a favourite sweet treat for generations, which brings back the memories of carefree childhood days at fairs and festivals. However, the sugary delight has recently found itself at the centre of a heated debate in the states of Tamil Nadu and Puducherry, where authorities banned the sale and production of it due to the presence of Rhodamine-B which is a cancer-causing chemical. The Health Minister declared it a punishable offence under the Food Safety and Standards Act of 2006. This move has sparked debates among policymakers, health experts, vendors, and consumers. Everyone should be conscious of their food consumption. Nowadays, food additives include a lot of dangerous compounds. It is important for people to know whether the food they consume is safe or not. This is one action taken to address the issue.

Tax evasion and tax avoidance are serious issues that negatively impact India's economic growth. Because of these problems, the government is less able to collect taxes, which limits its ability to fund public spending that is necessary for economic growth. Tax avoidance is the use of legal methods to lower tax obligations, whereas tax evasion is the wilful failure to pay taxes or the underreporting of taxes. Government revenue, investment, and economic growth are all negatively impacted by these activities. The study examines how these behaviours affect important economic metrics including GDP growth, investment, and government revenue using secondary data from multiple sources. The results show that tax avoidance and evasion have a major detrimental effect on economic growth. Because tax evasion lowers government revenue, there are fewer public funds available for investments in vital areas like infrastructure, healthcare, and education. On the other hand, tax evasion discourages foreign investment and skews resource allocation, which slows down economic growth overall. The study emphasizes how tax fraud and avoidance have a major detrimental effect on India's economic growth. In order to encourage sustainable economic development in India, it offers evidence in favour of the adoption of effective policies to counteract these behaviours.

A patent box regime is a tax incentive structure that offers advantageous tax rates on income from patents and specific forms of intellectual property (IP) in order to promote R&D and the commercialization of IP. Businesses can take advantage of lower tax rates on profits from the use of eligible patents, trademarks, copyrights, and other innovations under this scheme. The objective is to encourage innovation, support domestic R&D, and stop IP assets from moving to countries with lower tax rates. By providing a lower tax rate on income from patents, India's patent box scheme is a tax incentive designed to promote innovation and R&D domestically. Indian-resident patent holders are entitled to a 10% tax rate reduction on worldwide revenue derived from the use of patents created and registered in India under Section 115BBF of the revenue Tax Act, which was added in the Finance Act of 2016. This clause aims to boost domestic R&D, promote IP retention in India, and increase India's competitiveness as an innovative jurisdiction. India's patent box law and its function in offering advantageous tax breaks to inventors and intellectual property (IP) owners are the subjects of this study. The government aims to boost India's competitiveness in high-tech businesses globally and foster an environment that encourages research and development (R&D) by providing a 10% tax rate on income from patents that are filed and produced in India.

The three pillars of efficient corporate governance are environmental, Social, and Governance (ESG) factors because the success of any corporation is not only determined by its ability to generate profits but also how well they have incorporated ESG factors in their operations. This forms the basis of building an efficient business. The ESG factors have become crucial to corporate governance as it ensures transparency to the stakeholders, sustainability, and ethical responsibility from businesses. The integration of ESG elements into governance structures helps the business operations with long-term societal goals. These non-financial measures are the indicators of the financial outcomes. But the process is incorporating ESG factors in any corporate governance is not a smooth one. It comes with a lot of challenges, which includes framing regulations, inconsistency in data, and resistance to change. This article explores the best practices in a corporate governance and hurdles faced while integrating ESG into corporate governance. It highlights the strategies such as stakeholder engagement, board accountability, and transparent reporting and also explores the barriers like greenwashing and compliance complexities by analysing global case studies and providing actionable recommendations, this paper aims to equip corporate leaders and policymakers with insights to foster robust, ESG-oriented governance systems.

Corporate accountability is a fundamental principle of modern business law, promoting responsible and transparent operations that respect the rights of stakeholders, including shareholders, employees, consumers, and society. As corporations function as separate legal entities, their accountability spans legal, financial, and ethical dimensions, safeguarding against abuses arising from limited liability. While limited liability encourages entrepreneurship by protecting shareholders from personal responsibility, it also poses risks of misuse, such as fraud or evasion of obligations. The doctrine of piercing the corporate veil addresses these concerns by enabling courts to hold individuals personally liable when corporate structures are exploited for wrongful purposes. This doctrine acts as a critical counterbalance, ensuring that the benefits of limited liability do not shield unethical behaviour. Courts invoke veil-piercing in instances of fraud, undercapitalization, or neglect of corporate formalities, as demonstrated by landmark cases like Salomon v. Salomon & Co. Ltd and Gilford Motor Co. Ltd. v. Horne. These cases underline the judiciary's role in preventing the misuse of corporate structures and reinforcing accountability. Beyond legal compliance, corporate accountability encompasses financial transparency, ethical behaviour, and corporate social responsibility (CSR). As multinational corporations increasingly shape the global economy, their responsibilities extend to environmental sustainability, consumer rights, and labor practices. However, the complexity of corporate operations can obscure accountability, complicating efforts to trace responsibility for misconduct. The veil-piercing doctrine addresses this gap, ensuring individuals behind corporations remain answerable for abuses. While courts apply this doctrine cautiously, requiring substantial evidence, it remains a vital mechanism for deterring unethical practices and promoting justice. By reinforcing the ethical foundations of corporate governance, piercing the corporate veil protects stakeholder interests and fosters a business environment centred on fairness, transparency, and ethical conduct.

Amidst the pressing global environmental challenges—such as climate change, biodiversity loss, and pollution—researchers are advocating for the concept of dematerialization. This strategy focuses on reducing consumption of materials and improving resource efficiency to minimize environmental impacts. The significant capital needed, extended lead-times, and the political implications associated with new resource exploitation underscore the importance of long-term evaluations of resource needs in strategic policy-making. Dematerialization is primarily driven by ongoing advancements in technology. However, this progress can be undermined by the rebound effect, where increased usage arises from higher value or reduced costs attributable to these technological improvements. A critical question to explore is the degree to which enhancements in technological performance can mitigate and are currently countering the persistent rise in economic consumption. The consensus surrounding the need for sustainability to drive economic growth alongside social progress and environmental stewardship is clear. Despite progress, there remains an ongoing conversation about the practical considerations related to forthcoming products, materials, and technologies. The real challenge is establishing sustainability as a foundation that drives innovation throughout various processes, technologies, business models, and management systems. The purpose of this paper is to examine the fundamental principles of dematerialization through a review of current literature and relevant case studies, while also considering its relationship with the Sustainable Development Goals (SDGs) and its importance across various sectors in today's society. Additionally, the paper will investigate how several innovations and policies reflect the principles of dematerialization and how this approach contributes to achieving the SDGs. Findings suggest that dematerialization is a vital pathway for the future of humanity. Many developed nations and some emerging economies are currently promoting this initiative. This article examines long-term trends regarding the intensity of energy and material usage, correlating them with the theory of dematerialization. The discussion revolves around key factors influencing these trends, such as shifts in the structure of final demand, advancements in material efficiency, and the adoption of alternative materials. Additionally, the article points out the limitations of the dematerialization theory as a tool for empirical forecasting and evaluates its applicability within the context of resource policy. However, it is crucial to acknowledge that the full benefits may not be immediately visible, and increased technological and political support will be essential globally to enhance its advancement and effectiveness.

Independent directors serve as a cornerstone of effective corporate governance, offering unbiased oversight and providing critical checks and balances to management practices. As impartial advisors, they are tasked with safeguarding the interests of various stakeholders, including shareholders, employees, and the broader community, while ensuring that organizational decisions align with ethical and legal standards. This research delves into the multifaceted role of independent directors, examining their legal responsibilities, the challenges they face, and their overarching impact on organizational transparency and accountability. The study underscores the importance of independent oversight in mitigating conflicts of interest, which are often inherent in closely-knit boards dominated by executive directors. By promoting ethical practices and fostering a culture of integrity, independent directors help reinforce investor confidence and contribute to the long-term sustainability of businesses. However, their effectiveness often hinges on their ability to navigate complex organizational dynamics, maintain genuine independence from management influence, and fulfill their fiduciary duties amidst legal and regulatory pressures. Drawing on global practices and case studies, the research explores diverse approaches to empowering independent directors. For instance, corporate governance frameworks in countries like the United States, United Kingdom, and India mandate specific provisions regarding the appointment, qualifications, and functions of independent directors. Notable cases, such as the Enron scandal and the Satyam fiasco, highlight the repercussions of weak independent oversight and the critical role these directors play in averting corporate misconduct. The findings emphasize the need for stronger institutional mechanisms to support independent directors, including enhanced training programs, clear delineation of their duties, and protection from undue managerial influence. By creating an enabling environment for independent directors to perform their roles effectively, organizations can foster greater transparency, accountability, and trust. This research contributes to the growing discourse on corporate governance reform, advocating for policies that strengthen the role of independent directors as guardians of corporate integrity.

The Indian Premier League (IPL) has evolved beyond a cricket tournament to become a cultural phenomenon with significant societal and economic implications. This study explores the intricate relationship between the IPL and the Indian stock market, analysing how this sporting spectacle influences market dynamics. With its massive viewership and dedicated fan base, the IPL offers a unique platform for brands to connect with consumers, leading to substantial investments in advertising and sponsorship. These marketing efforts drive increased consumer spending, benefiting industries such as media, entertainment, consumer products, and hospitality. However, the IPL’s impact on the stock market extends beyond direct economic effects. Psychological factors, including investor sentiment, herd behaviour, and the excitement generated by the event, also contribute to heightened trading activity and market volatility. The phenomenon of "home bias," where investors prefer domestic stocks, further amplifies interest in Indian equities during the IPL season. This research adopts a mixed-methods approach to examine this relationship. Quantitative analysis involves evaluating historical stock price data of companies linked to IPL-related industries, employing statistical methods to identify correlations between IPL events and stock market performance. Complementing this, qualitative insights are gathered through interviews with investors, financial analysts, and industry experts to understand the perceived impact of the IPL on investment behaviour. The findings aim to unravel the complex interplay between sports, economics, and finance, offering valuable insights for investors, policymakers, and marketers. By identifying the factors that drive the connection between the IPL and stock market movements, stakeholders can make informed decisions and leverage the opportunities presented by this major sporting event. This research underscores the IPL’s broader significance as a driver of economic and cultural transformation in India.

The integration of artificial intelligence (AI) into modern society has redefined the contours of human rights, necessitating a robust framework to address emerging challenges. The existing human rights framework, rooted in international treaties and conventions, demonstrates its adaptability to contemporary issues, encompassing digital rights that safeguard privacy, freedom of expression, and association. However, the swift pace of technological advancement has revealed lacunae in effectively protecting these rights against the complexities posed by AI. States and corporations, particularly Big Tech, wield unprecedented socio-economic and political influence, often operating beyond the purview of accountability. This necessitates a paradigm shift wherein AI development aligns with established human rights standards to ensure fundamental freedoms remain inviolable. Binding legal obligations under international law, reinforced through domestic incorporation, present a formidable avenue to regulate AI-driven systems and their creators. By anchoring AI governance within the universally recognized human rights framework, the global community can mitigate the socio-political disruptions and irreversible harm AI may precipitate. This convergence of human rights and technology offers an opportunity to reconcile innovation with the principles of equity, dignity, and justice, ensuring the protection of liberties in both physical and digital realms.

The dematerialization of securities in India has significantly transformed the securities market by replacing traditional paper-based share certificates with electronic records. This shift has improved the efficiency, transparency, and security of financial transactions, playing a vital role in the modernization of India's capital markets. The process, facilitated through demat accounts, has streamlined trading by eliminating the need for physical certificates, reducing risks of theft, loss, and fraud, and enabling quicker settlement cycles. However, despite these advancements, several challenges hinder the broader adoption of dematerialization, including technological limitations, cybersecurity threats, lack of digital literacy, and regulatory complexities. This paper explores the step-by-step dematerialization process, identifying key players such as depository participants (DPs), depositories, and registrars, who enable the conversion of physical securities into electronic form. The benefits of dematerialization are substantial, including enhanced liquidity, reduced transaction costs, and greater operational efficiency. It also offers the convenience of paperless transactions, faster trading, and the ability to track and manage investments in real-time. Despite these advantages, challenges remain. Cybersecurity risks, such as hacking and phishing, pose threats to investor data and funds. Additionally, issues such as account maintenance charges, lack of awareness among retail investors, and complex regulatory frameworks can limit accessibility, particularly for smaller investors. To address these barriers, the paper suggests the need for strengthening cybersecurity protocols, improving financial literacy, expanding digital infrastructure, and ensuring that regulatory frameworks keep pace with technological advancements. This study concludes that, while dematerialization has already revolutionized securities trading in India, continued efforts are needed to address the existing obstacles for broader participation and longterm success.

Securities regulation is essential for ensuring transparency, fairness, and investor confidence in capital markets. This article examines the historical evolution and development of securities regulation in three key jurisdictions: the United States, the United Kingdom, and India, offering valuable lessons in regulatory innovation, market adaptation, and investor protection. The United States laid the foundation of modern securities regulation following the 1929 stock market crash, enacting pivotal legislations like the Securities Act of 1933 and the Securities Exchange Act of 1934, which created the Securities and Exchange Commission (SEC). These laws focus on mandatory disclosures, fraud prevention, and stringent enforcement. The United Kingdom, on the other hand, has adopted a principles-based regulatory approach, characterised by flexibility and innovation. Laws such as the Financial Services Act (1986) and the creation of the Financial Conduct Authority (FCA) reflect the UK’s emphasis on broad guiding principles over prescriptive rules. India’s regulatory evolution has transitioned from colonial-era policies to the modern framework established by the Securities and Exchange Board of India (SEBI) Act, 1992. SEBI has been instrumental in fostering market stability, protecting investors, and adapting to rapid economic growth. By comparing these jurisdictions, the article highlights their strengths and challenges, emphasising the need for regulatory adaptation amid globalisation, technological advances, and the rise of digital assets. It underscores the importance of balancing global harmonisation with local market needs and offers insights for policymakers in developing economies to build effective, inclusive, and forward-looking securities regulatory frameworks.

The idea of constitutionalism is not new rather it is embodied in human thought. Constitutionalism is the antithesis of tyrannical governance, which is based on the arbitrary will of a small group of people or an individual rather than the rule of law. All contemporary constitutions, from the British unwritten constitution to the American written constitution, allow for the fundamentals of constitutionalism; in fact, their very existence is an effort to restrict the scope of government. Transformative constitutionalism always plays a very significant role in transforming the society by protecting the basic principles of the Constitution, its value system and freedoms of the individuals. It is a way of interpreting the Constitution to bring social, economic and political change. The apex court of India always plays a vital role as a custodian and interpreter of the Constitution. In addition to it, Indian Constitution as a transformative constitution rather than a rigid always enabled the Supreme Court to make these reforms more effective. Various pronouncements are given by our esteemed judges of the apex court in the past couple of decades to bring positive changes and provide an outlook how the legal framework and mechanisms may change and improve in future. The main aim of the transformative constitutionalism is to maintain and strengthen the principles enshrined in the Constitution which cannot be achieved without the constant support of the judiciary alongwith the commitment to effect such constructive changes. The researcher in this paper has made an effort to explain the significant and inevitable role played by the Transformative constitution to define the essence of democracy and the constitution within it. The researcher has also analyzed the various pronouncements given by the apex court reflecting the transformative constitutionalism.

This study examines the persistence of dowry practices in Maharashtra, focusing on the legal, societal, and cultural dimensions. Despite legal frameworks such as the Dowry Prohibition Act (1961) and IPC Sections 498A and 304B, dowry remains prevalent, particularly in rural areas, where it is deeply rooted in cultural traditions. The research employs a mixed-methods approach, combining qualitative interviews with law enforcement, activists, and affected families, alongside quantitative surveys across urban, semi-urban, and rural regions. The findings reveal significant regional differences in dowry prevalence and attitudes, with urban areas showing higher resistance. Challenges in legal enforcement, societal pressures, and the role of education and media in changing attitudes are discussed. The study highlights the gaps between law and practice and provides recommendations for legal reforms, grassroots interventions, and public awareness campaigns to address dowry practices in Maharashtra.

The Criminal Justice System of India is tainted with deeply ingrained inefficiencies, investigative shortcomings, and a prosecution framework that frequently fails to secure justice. Police investigations continue to be beset by delays, political meddling, a lack of sufficient forensic reliance, and antiquated procedural bottlenecks despite decades of judicial interventions and reform recommendations. The prosecution, which is supposed to be the cornerstone of justice, is usually weakened by its lack of autonomy and financial limitations. India has passed three revolutionary laws to modernise the Nation's Criminal Justice System in response to the pressing need for reform: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA). The BNSS improves police accountability, fortifies forensic mandates, and establishes stringent investigation timelines. A paradigm shift towards scientific inquiry is signalled by the BSA's formal recognition of digital and electronic evidence, which redefines evidentiary standards. This study promotes a structural realignment that guarantees police autonomy, prosecutorial independence, and technological integration in criminal investigations by taking inspiration from international best practices, including independent prosecutorial agencies, forensic-driven policing, and judicial oversight. Even the most progressive legal reforms run the risk of becoming nothing more than legislative artefacts in the absence of a strong enforcement mechanism. In the end, this study makes the case that justice will continue to elude India and public trust in the system will continue to decline unless the country institutionalises investigative integrity, fortifies prosecutorial autonomy, and adopts forensic innovations. In terms of both legislation and implementation, the reform needs to be audacious, decisive, and revolutionary.